The New York herald., 1876-11-23

country has been carried to the highest court Of tne
State and willing to abide by its decision, foe
ing assured that this tribunal will that the laws
shall DO enforced and justice secured.
WADE HAMPTON
FLORIDA.
ATTORNEY GENERAL COOKE ON THE POWERS
OF THE GOVERNOR or FLORIDA AND THE |
DUTIES OF THE STATE BOARD OF CANVASS
xRs.
[Bx TxLraRApH TO THE HERALD
TALLAHASSEE, Nov. %. 1876.
To THE EDITOR OF THE HERALD:-
! havc your telegram inquiring my opinion, as tho
highest law officer OF the State Of Florida respecting
the powers Of the State Board Of
of Florida, also respecting the claims OF Governor
stearns to the votes Of the people OF this
State Presidential electors, and also respecting tho
delay begin the canvassng of the vote OF the State
Inasmuch MS it has been my Official duty heretofore
to pronounce opinion involving zach Of these three
points suggested by you, and as that opinion Is a
public document, there is no improprety in respond
ing to your inquiry The substance OF that opinion
as follows:-
FYrst-Governor Stearns has authority under tho
laws OF Florida to canvass the for Presidential
electors
Second-A State board Of canvassers is constituted
by tho laws OF Florida TACT OF February 81 1872 con-
ssting OF Secretary Of State the Comptroller and
the Attorney General Tho same act requires tho
county election officers to transmit their canvass Of
the votes to the rst-named mcmber OF tho Board-to
wit the Secretary Of stato-and also requires him TO
notify the other members OF the Board to assemble
and proceed to canvass tho county returns
TAird-The delay the Secretary Of State to notify
his associate members the State Board Of Canvassers
TO assemble and proceed with the canvass OF the rc
turns which received has been publicly protested
against by electors voted for At the last election
moreover, the members Of the Board have each Of
them been commandedby competent court of this
State to show cause why they should not 60 with
their duty The continuance Of such delay the part
OF tne Secretary Of state would have the nisorune "
preventing proofs alleged fraud from being exhibited
before the Board as ground purgng the returns
the misfortune possibly Of preventing the vote Of the
electors of Florida from being in
tormty to the viii OF the people.
WILLIAM ARCHER COOKE
THE QUESTION OF THE GOVERNORS POWERS
BEFORE THE couRT-rHE JUDGE, THE coUE-
Sell AND THE ARaUNENT-AN APPEAL TO
THx SUPREME COURT TO FOLLOW THE DE-
c1s1oN-THE GOVERNORS COUNSEL ON HIS
1NrENT1oxs-rHx CONGRESSIONAL TICKET.
[pY TELEGRAPH TO THE HERALD
TALLAHASSEE, Nov. %. 1885,
Everything political circles awaits the great battle
before the court that will open tomorrow morning at
eleven O'Clock, involving the injunction against the
Governor ana the mandamus to the Returning Board.
Judge White arrived this evening and is at the City
Hotel He tho very picture OF country judge un-
couth slouchy dressed and quite q "cracker In APP
pearance. He Is reputed to be shrewd, wel-read
lawyer though hardly the man that q case OF such
nico bearings and such enormous import should prop
erly come before
The democrats will be represented by George p.
Raucy OF Tallahassee; D. w. Sellers, Of Philadelphia,
and Ex-Governor Brown, OF Georgia; the republicans
BY Judge Emmons Of Florida, and General Barlow. Of
Now York.
THE ARGUMENT
II is impossible to discover what OF argument
the republicans will pursue 1t is believed that they
will plead that the Court has right 10 enjon the
Governor The democrats contend upon this point
that, while Court may not have the right to enjoin
Governor from the Of any power conferred upon
him. It can enjoin him from doing what he has
thority for doing; tnat the Governor cannot be re-
strained in the exercise Of any OF the functions
belonging to him by law; but that whom
he attempts to exercise power not belonging to the
Governor his robes OF ONCE drop from him and he
becomes amenable TO tho Jurisdiction Of the Court
and that tho crucial question before the Court to-
morrow IL wnetnor NO: the canvassing OF the clcc
toral vote is within the duties prescribed by law for
the Governor
TN. GOVERNORS INTENTIONS
Judge Emmons who has been preparing for tho
Governor an opinion upon the subject Of his right to
these votes stated TO correspondent to-
day that the Governor did not intend TO that
right, even had the injunction been served; At
least that he as counsel to the Governor,
would not have advised him TO do He
found bur difficulty in putting the right to
absolutely in the hands OF tho Board and that
was the possibility that the State ordered the
Board to keep the open until the 18th 81 De-
cember II the returns wcrc not all in and tho United
States required the Governor to issue the certin
cafes on the 9th Of December there might arise ne
ccssity for the Governors taking charge Of the
vass IN order that he might intcgenty issue the
t6catcs. But tor this Judge Emmons would never
have questioned the right Of tho Board to canvass
Still he did know but that tho Governors counsel
might il best to defend his right TO canvass before
the Court. even although he might not assume the
right oven II IL were granted him.
sUPREn. COURT.
As an appeal from Judge Whites decision will doubt
less be made Supreme Court n any event 1t is
Interesting to know composition OF that Court
These are Judges Van vakenburg, wcstcctt and Ran
DALI Judge Van yalkenburg Is from New York, and
was once Congressman from that state. Judge West