Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-11-24
The Powers and gsutie- of the state
Hoard Of Gan .r-.cre Eleaneh.

I nOdIN OA sf-~fNfN tyfttufNs
! NV .IURE. NO9mbes -At5oney-
iieneral 5,;L Cob Of FIohdi -.tee:arpiH % the
I Hydid, IN answer % an inquiry respecting
/ the powers aud duties Of the Slate board OF
| caatlssers Of Florida: also respecting thc
el8nis OF Governor SteIrus 10 canvass tn
! yOteS Of the people ofsth State FIR Prestlen-
tial electors, and also respecting the delay To-
| begin the c;lnvassing Of the vote Of the state,
I as Follows: -
/ First-Ciovernor Stearls has no AUTHORITY,
I under the laws Of the State OF Florida, 10
I canvass the vote FOR Presidential electors.
SecOnd-A State board Of c;lnvaSS,.rs J. con
stItuted by the laws OF Florida act Of Feb
! ruary u. 1872, consisting Of the secretary Of
| state, comptroller and-aftOrney-gen The
same act requires the votes to be counted by
the frst-named member of the b0arl-thr
! secretary of state-aud also requires him 10
| notify the other two members of the board 10
assemble and proceed to canvass the county p
returns. .--. r.
1hird-lt Is the duty of the secretary Of
state to notify hIs associated members IN the
State board OF canvassers 20 assemble and f
proceed with the clnv1ss of the returns winch
he.has, but which has been publicly protested
against BY the electors voted FOR at the last
elGtion. Moreover, the members Of the beard
have each Of them been commanded ly
cOnlpetent court OF this State to show cause
WHY they should not 90 on with their duty
A eOnbnUaHcr OF such delay ON the part OF
the secretary Of state would have the misfor-
tune Of preventing proofs Of alleged frauds
from beng exhibited before the board as IL
ground for forging returns. os the misfortune
possibly Of preventing the vote Of the Prpsi-
dental electors of Florida from being cast in
conformity to the viii Of the people --. .-
The Natter in the Court -
n
before which the case of hemiuuctiOn against
the governor and mandamus against the rc-
tuning board is tired, met this morning.
The courtroom was crowded. The governor
presented, through counsel an affidavit. In
which he stated that he had never made ND
his mind to canvass the vote and has not
stated to anyone that he done so, and that
even up to the present writing he bad not de-
clCted that he was empowered to canvass the
votes. The Democratic counsel Disregard
ing this affidavit. argued that the governor
had no night to canvass the electoral vote
but that such right resided in the cdnvaS,ipc
board; and further, that the court did have
jurisdiction over the governor, not In restrain
m9 him from doing what he was empowered
byl law to DO, but IN restraining INN from
performing an act he had no right 10 per
fortn under the law.
General Barlow r,I!ictL in behalf Of the
governor, and denied tn" Jurisdiction Of tn"
court He said FIAT IN injunction issued
against the. governor bv the nudge on thr
bench would hHvA no moro effect than if 10
was issued by a private individual. He alb
jured the Judge to carefully consider the risk
ne run in issuing "a writ Of injunction that
could not be- enforced by any Legitimate pro-
cCdITc, If the governor WI, determined b.
resist it.
General Barlow did not enter into the mer-
its bf the case at all, hut merely stood upou
thg lick of jurisdiction ON the part Of the
court. At the close of his argument the
court adjourned.
The decision VIII probably be rendered to-
morrow. There Is some excitement IN the
city. 1t Is very generally believed that the
governor viii not obey the injunction, even If
issued tomorrow. The Republicans all deny
thH the court has a shadow Of jurisdiction
The secretary Of state says this evening that
the three counties Nadc, Brcvard and Iafay-
cite have not yet been heard from.