The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-12-25
FLORIDA.
The Court and the Returni,

Inc COuft una the EketurnlnS board.
New YORK, Dec. 23-A Herald's despatch
from Tallahassee, says the decision of the Su-
preme Court sustaining the complainant Drew s
demurrer to the answer of the returning board
says, in substance, that the general nature of
power given to the returning board by statute
IS ministerial. After a minute enquiry as to
the powers of the board under the statute, the
court determined as to their action in certain
counties.
In Jackson county the board had rejected
557 OF the votes cast, on the ground of in
equality and fraud in the conduct of the
the board chat the return from this county was
in itself false, fraudulent or irregular. the
court decided it to be the duty of the board to
count it.
The same action, for the same reasons, was
had by the board in the counties of Hamilton
and Monroe, and the same order was made by
the court.
The rejection by the board of the entire re.
turns from Manatee county, on the ground Of
irregularity, was held by the court te transcend
their powers, and the returns were ordered to
be counted as sent in.
AS to the counties of Hern ando, Orange and
Leon, number of votes had been deducted
from the entire votes cast in these counties,
because they were illegally cast, and vote
was deducted in Jefferson because it was
fraudulently cast. The court held that these
were questions which the law did not allow the
board to determine, being purely questions of
law. The board must count these returns, as
they admit them, in their pleadings, to be re-
turns within the meaning of the statutes.
lD Clay county the board had added IS
votes, as having been improperly rejected by
the county canvasser, and six votes were de-
Quoted because cast by non-residents, This
action of the board is repudiated. The can
wasting board must count the returns IN toto:
they cannot alter the returns, and can only re-
Ject them when in themselves false fraudulent
or irregular.
The conclusion of the court, after the plead
lngs and under the constitution and statute, is
that the demurrer must be sustained and a
peremptory writ must be awarded.
TALLAHASSEE, Dec. 23.-The Supreme
Court met at II m. The counsel for the board
withdrew the motion made yesterday that he
be allowed to answer. The court made the
writ peremptory and ordered the board to re-
canvass the vote BY the 9th inst, and file the
report of their action on that day, and then
took recess until o'clock to make up its re.
port
Opinions As 10 the Result of the Courts
Action.
WASHINGTON, Dec. 23-The news from
Florida setting forth that the Supreme Court
of that state had directed the board of canvas
sers to recount the vote and make decara-
ton of the result, as it appeared on the face of
the returns, created lively discussion today,
lnasmuch as it may change the presidential
result. There are but few members of Con-
aress in the city. Some think that the
result of this action will be that the
face of the returns will show that TIL
den and Hendricks will have a major
ity in the electoral college, and hence it will
obviate the necessity of throwing the election
into the House. The Democrats are exceed
ingly hopeful, and the Republicans say that
inasmuch as the vote of Florida has already
been received by the President pro tenn. of the
Senate, that officer can take no cognzance of
any supplementary re canvass.
The Mandamus Not to be Needed
Especial despatch to the Boston Journal)
WASHINGTON, Dec. 23.-There is nothing
new IN political circles. The Democrats are
rejoicing over the order of the Supreme Court
of Florida to the canvassng board to make
new count from the face of the returns which
would give the state to Tilden. A dispatch
from Tallahassee says that the canvassing
board takes the ground that the state courts
have no jurisdiction whatever in the matter,
and they will refuse to obey its mandamus. In
case they are imprisoned for conf tempt or other
wise inconvenienced, they will apply to the
Federal Courts for relief as was done in South
Carolina. IL is said that this action of the
court was inspired by direct orders from New
York and Washington, in order to add to the
complications arising out of the late election.
No one entertains the remotest idea that the
Supreme Govt expects that its mandates will
be obeyed.