, 1876-11-24


TALLAHASSEE, Nov. 23-Tho Court bcfo7t
which the case Of injunction against tho Goy.
crno1 and mnndau,us aguinst tho Returning.
Board WINS to be tried met this morning. Ths
courtroom was crowded. The Governor pre-
scntcd through counsel an affidavit, in which he
stated that he had never MAIDS up Ills mind to
canvass the vote, and has not stated to any ona
that he had done 80; that even up to present
writing ho Ind not decided be was empowered
to canvass the votes.
The Democratic counsel, tisrcgnrdtng this af-
fdaylt, argued TINT the Governor had nc
right to canvass tho Electoral vote. but that
such right resided In the Canvassi1g- Board,
aud further that tho Court did not have
Jurisdiction nyer the Governor In restratnlng
him from loiug what he was empowered BY law
to do, but in restraining him frutn performing
an net Ae had no right tu perform under tho
law.
Gen. Barlow replica on behalf Of the Govorn-
or, aud
DENIED TnH JURISDICTION OF THE COURT.
Ho said that an injunction Issued against tho
Governor by q Judge On the Bench would hsVn
no mort effect than Il It Was 3ssucd By private
individual. He abjurel tho Judge to carefully
consider tho risk lie run In Issuing writ Of In
junction that could not be enforced BY any
lEAlk&&@4kH fAVECAA40 - tAo NO|VaNN* "AA M
terni,led to resist II.
Geu. Barlow did not enter Into tho merits Of
the case ut all but mcrely stood upon tho lack
Of Jurisdiction Of tho Court.
At tho close Of his argument the court ad-
1ourncd.
Tho decision will be probably reached TO-
moErow. There is some excitement In tho city.
It Is very generally believed tue Governor Will
not obey tho Injunction even II issued to-mor*
row. This Republicans all deny that tho Coura
has a shallow OF Jurisdiction.
The Secretary of State says this evening that
thres couuties-DAdc, Drovard, aud Laiayetta-
hare not yet been heard from.
rowKRs AND DUTIES or THH uANvAas1Ho
BOARD.
NHw YonK, Nov. 23-Attorney-Genera
Cooke, Of Florida IA DemocratA te!egzaphs to
tho Herald, In answer to an Inquiry respecting
tho powers aud duties Of tho State Board Of
Canyasscrs Of Florlda;' also respecting tho
claims Of Goy. stcarns to- canvass tha votes OF
tho people Of that State for Presidential Elect
ors, and also respecting tho delay to begin tho
canyasstng Of tho State, as followss
Fsra-Giov. Stearns has no authority under
tho laws Ut Florida to canvass tbs yota TOR
Presidential Electors.
SecvAd-A Stata Board Of Canvassess Ia con-
stttuted by the law Of Florida, act Of Feb. n,
1917, consisting Of the Secretary Of Stats,
Comptroller, md Attorney. General. The
same act requires the votes to b hEst
named by member Of the Boani, to-wts
the Secretary Of Btatc, and also requires him
| to notify tho other two members of tha Roasd
| to assemble an.! proceed to CANVASS the county
returlu. The delay Of the Secretary Of ssato to
notify his associate members lR the State !1oaf4
OF Callyusscrs to assemble anu proceed with tlla
canvass Of the retuspa which ho has received
has been publicly protested against by, the
ELECTORS yotod for ut tho last election. hlura.
over, tho meu,bcrs Of tho Board hnyo each Vt
them been commanded by cotapeteIt court VI
.his State to show rause why they should not
delay on the rrs 1T tho Secretary Ut Stats
would Aayu thu misfortune Of preventing nsools
Of alleged frauds fron, being exhibited hcloro
turns, OF The misfortune. posshlY, OF ptu+
venting the vote Of tho Presidential Electors Ut
| &hA Pa i