The New York herald., 1876-12-23
FLORIDA.
SUPREME COURT ORDER WHICH GIVES TIL
DEMOCRATS THE STATE.


DEMOCRATS THE STATE.
IBy TELEGRAPH 10 THE HERALD
TALLAHASSEE, Dee. %, 1876:
Tho Supreme Court, in It's decision rendered to day.
sustained the Drew demurrer to tho OF tho
Canvassing Board, and grants percmptory order TO
tho Board to recanvass tho vote OF the state from tho
face OF the county This gives the State to
Tilden by small majority, and of elects tho
balance OF the democratic ticket, including both
grcssmcn. Tho democrats are quietly but heartily
enjoying their victory.
Counsel for the Board gave notice OF motion to
amend their answer but intimstod al the Same time
that he doubtful to what, II anything he had to
say.
announces It's determination TO adjourn sine die TO-
morrow.
OPINION OF THE COURT
Tho decision OF the Court says inc view that the
Board of State Canvassers have power strictly JUDICIAL
such MS ,s involved IN the determination OF tho
legality Of particular vote or election, cannot
sustained Tho Court here gives the constitutional
and statutory provisions IN regard to the division Of
powers the State porvdcs that all OF tho acts
which the Board do under the statute must DO
based upon the returns, and While IN some cases
the officers may like all ministerial officers of similar
character exclude what purports to be a return ior
regularity, still everything they are author
iz,d to do il limited to what Is sanctioned
by authentic and true returns before them.
Their hnal act and determination must be such as
appears from and is shown by tho returns from the
power TO subpGnas, TO summon parties. TO COM
pei the attendance OF witnesses, TO grant trial
% has been cecie9 as shown sv ,hc They
authorized to enter no Judgment and their power
limited by the express words OF the statute, which
gives them beng' 10 the signing OF certificate con-
aining the whole number OF votes given Tor each per-
for each Office aud therein declaring the re-
suit as shown by the returns. This certificate thus
signed not Judicial Judgment, and the determine
tion and declaration which they make not judicial
declaraon-that determination OF rejection alter
nntt IN hn n IN and n
the right Of parties-but is declaration
OF conclusion limited and restricted by the letter
OF the statute, such limited declaration and deter
mination by board Of State canvasscrs has been de-
clnrcd by large majority OF the courts to be
ajudicai power and urisdicton Indeed with the cx.
cepton OF the courts In Louisiana, and perhaps an
other State, judicial sanction can bo found Tor the
view that these o1cers arc judicial IN their character
or that they have any discretion either executive
legislative or judicial, which Is not bound and fixed
by the returns before them.
COUNTING THE RETURNS.
The duty TO count the returns has been enforced
by mandamus 50 repeatedly In the courts OF
power OF the courts in this respect has long
since ceased to be open question. We must, there
by tho statute is MINISTERIAL and thnt TO the extent
tina, any strictly and purely judicial power is granted
such power cannot exist alter minute inquiry as 10
the powers OF the Board under the statute.
THE REJECTION VOTES.
Tho Court determined as to thcii action In certain
counties. In jackson county tho Board had rejected
557 Of the votes cast ground OF rrcguary and
fraud In the conduct Of the election, there being
plea the part OF the Board that tho return from
this county was IN itself false, fraudulent irrcgu-
lar. The Court decided II to be the duty
OF the Board TO count H. Tho Same
action, and for the reasons; had
by the Board In the counties OF Hamilton and Monroe,
and tho same order was made by the Court The re-
lection by tho Board Of tho cntro return from
Manatec county the ground of irrcguarity in
the conduct Of the election vas held by the
Court to transcend their powers and the return or.
dcrcd to DO counted from its face 10 tho
counties of HERNANDEZ, Orange and Leon,
number Of votes had been deducted from the
entire votes cast in these counties because
they wcfo illegally cast, and vote deducted In
Jefferson because u was irauducntly cast The Court
held that there were questions which tho law did not
allow the Board to determine being purely questions
OF law. The Board must count these returns
thcy admit them In their plcadings to bo returns,
within the meaning OF the statute In Clay county
the Board had added tnrty-hve votes rs hav-
ing been improperly rejected by the County
Canvassing Board, and SIX votes were deducted
because cast by non-residcnts. This action Of tho
board repudiatcd The Canvassing Board must
count the in foto they mot alter the face
aud only REJECT when tho returns In
itself is ialsc fraudulent Irregular The
Court concludes under the plcadngs and the consttu
ton and the statute applied by their own Judgment
is that the demurrer must be sustained. The peremp-
tory writ must be awarded.
THE HOUSE COMMITTEE INVESTIGATING puvAL