The New York herald., 1876-11-19

went before the Supreme Court of the State asking
that tho board be forced to count the missing coun-
ties. Tho Court announced, after tho argument
had been had, that II would issue an
order requiring the Board include these counties In
their canvass The order not taken from the
Court at once, however, and when, in day or two.
the democratic Counsel asked for IT, he was notified By
tho Court that since the argument had been closed tho
Legislature had passed an act sboishng the Board OF
Canvassers, and that there was, consequently. no
body TO which the mandamus OF the Court could be
directed. Tho Cour; then decided TO issue an order
In the matter II was found that The radical Legis-
iaurc had really. at moments notice. repealed tie
creating the State Canvassng Board simply TO put
u out OF existence and beyond the reach OF a man
damus IL at once passed new act, similar
10 the first, except that the treasurer
took the place OF tho Comptroller q member. Mr..
Bioxham cheated OF his remedy by mandamus, en-
tered quo warranto against his opponent. and alter
about two years delay oustod him. Tho Legislature
then repealed 1871 aud passed another act
putting the Comptroller back upon tho Board and ro-
licving tho Treasurer
An IMPORTANT OMISSION.
II ranspiros that either o: these acts Of 1871
and 1872 the word "eectors left OF the sentence
that defines what the Stale Board shall canvass
1t reads IAN State officers, members Of Congress and
omission OF the word s'eectors' in the act
Of 1872 takes from the Board the right to
canvass tho electoral vote, but leaves II
for him 10 do, he bound by law 10 issue to them
their certificates and cannot do without canvassing
the vote to determine who is fairly entitled to tho GER
thcates. Tho democrnts contend, on the other hand,
that tho electors State officers, and that tho
vassng OF their vote provided for under the phrase
OF ''a State oficers,n in tho sentence defining the
whole votes which tho Board shall canvass. The re-
pubcans further that tho Governor may, by me-
cessity bo forced 10 canvass the returns himself as
the State law provides that the Board shall wait for
thirty vc days after the election, until tho returns
are in before The thirty-lve days would
reach to December is but the United States law says
that the Governor OF each State shall, on the first
Wednesday IN December ho 9TH this year), issue the
electors certificates. suppose, now, say they, the
returns do not all come IN by tho 6th we are pro-
hbted by our Law from then canvassing the returns
but the Governor is required by further law TO issue
the certificates to electors. He will, OF course, be
forced to make the canvass himself Tho democrats
will tho expected action of tho Governor to the
very last extremity that pcaccabc resistance go,
and will then appeal in protest to the American peo
pie. The Governor himself is in much doubt, and it
is not certain that he will attempt to the
votes
As was predicted by your correspondent last night,
the republican members Of the State Board to-day
answered the democratic address Of yesterday, ask
ing that tho bc opened st once by saying that
the returns all In and that the prescribed
by law for waiting for them not having expired they
cannot commence the canvass II caunot be definitely
stated whether the democrats will appeal to the courts
for q mandamus compelling the Board TO proceed.
They have been engaged most Of the day in dis
cussing the oxisency offered by tho surprising
position OF Governor Stearns II they do not tako
TO torco the opening OF the count that
desirable event Will be postponed possibly six days.
tho returns will hardly be in before TINT time. There
is nothing figures to-day except item that
may involve loss Of thirty-nine votes to tho demo-
Gratis 1t appears that at precinct Of voting where
the democrats had the majority thero Is infor-
mality in the returns, which, however Is merely tech
ncal and may not result in the counting out Of the
vote The republicans still decline TO furnish any
estimate OF the result and content themselves
with claiming the State Tho opinion is
very general that they have NO allowable figures by
which thcy can make out q favorable result. The
democrats straning every 10 get the returns
ofthc far or counties in at II is their policy
get them in at and thus secure, without further
trouble, tho opening Of the canvass which they asked
for last night and failed TO get They fear that pos
OF December and thus be left out altogether besides
preventing by thor absence the Board commencing Its
work at an earlier date and giving tho Governor
plea OF Justification for assuming tho functiona
THE POWER GOVERNOR.
In reply TO y question from New York your corre-
spondent statcs that law OF Florida puts tho ap
pointment OF every STATIC and county officer, except
electors legislators and constablcs the hands OF tho
Governor He appoints tho county commissioners.
who themselves eject inspectors Of election. Ho ap-
points tho county ccrk and judge, who, choosing
justice, also appointed by him. make the Board OF
County Canvassers Tho county clerk Is responsible
for tho forwarding OF tho returna In counties
there few republicans OF decent intelligence
that the Governor has had to appoint democrats TO
ono or moro of tho Offices enumerated above. The
returns later this year than usual in coming in
There arc several counties whose voto has
reached tho capital In two weeks after the ccc
tion. Il is quito easy to soc why tho returns may bo
reported reliably, fully wock before tho official voo
ia received Tho count or tho votes Is madc at each
precinct us tho polls close. Tho precinct
turns then made up and forwarded to the county
Their exact result be ascerained at once and
forwarded but the county canvassers do not officially
consolidate and forward It until tho sixth day
after election. With only weekly mails running to
many Of the counties II is often two weeks after the
sixth day following election before they reach tho cap
itaL letter from Manatcc Tallahassee dated tho
sth, reached here yesterday.
WHAT CHANDLER SAYS.
Mr. W. Z. Chandler furnishes your correspondent
the following despatch In answer to inquiry tor
warded from the HERALD oiicc by wiro to-day
a. G. BENNETT, HERALD, New York.
"The counties not reported all under democratic
control W. Il. CHANDLER"
Mr.. Chandler has certainly been misinlormcd Tho
ono county that no mentioned to your correspondent
as being particularly suspicious was Taylor. Mr.
Chandler asserted that the county scat Of Taylor
only forty miles from Tallahassee, that the clerk
was n democrat and that tho returns not
IN. | have before me In a paper-Madison Re