The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-31
WASHINGTON.
Appointment Of Members Of the
Electoral Commission.
FLORIDA THE FIRST TO COME UP.
The Case To Be Presented by
the Democrats.
The RECENT RECANVASS OF THE STATE
Interesting Testimony in the Loui-
siana Investigation.
POPULAR APPROVAL or The ELECTORAL BILL.
The President in Defence of His High
Prerogatives.
FROM OUR SPECIAL CORRESPONDENT.
Interesting Testimony in the Loui-
siana Investigation.
POPULAR APPROVAL OF THE ELECTORAL BILL
The President in Defence of His High
Prerogatives.
FROM OUR SPECIAL CORRESPONDENT

Iany doubt remained as to the popular and universal
approval OF the Electoral Law and or the
tors Edmunds and Conklng and the other members Of
the joint committee who united to franc the law II is
resolved by the letters OF commentator which are
pouring in upon these gentlemen. The three repre-
senatives from Vermont voted against the bill, and
this was boastfully spoken OF by the enemies
of the bill showing disapproval OF SEN
ator Edmunds' course; but Mr.. Edmunds
has received since Saturday letters from
the most prommant republicans IN every part
Of Vermont, concurrpg in approval of the bill and in
praise of Mr.. Edmunds' course. Ho has the best
reason to know that he s warmly sustained by the
best public sentiment OF his State.
Senator Conkling has received since Saturday over
400 letters approving of the bill and earnestly pras-
ing his course and his speech. While OF these
letters from distant States most of them from
New YORK, and many from the most eminent Jurists
judges and citizens Of the city and State He is
loss for time to all the letters which pour
Ing in upon him.
Mr. Hoar has in the same way the best reasons to
believe that his satisfied and sratied only
Massachusetts, but the whole of Now England
FLORIDA THE FIRST DISPUTED STATE TO CONE
BEFORE THE ELECTORAL coMM1ssIoN--THE
CASE AS TT WILL BE PRESENTED.
AS the Florida will the nrst to come up
]
mediate importance, and both sides are busy prepar.
ing their statements The following facts are, it Is
believed, undisputed, and will have important bear
ing upon the case. The stearns Returning Board
counted in both Stearns Governor and tho
Hayes electors. Being ordered by the Supreme
Court 10 make recount OF certain
counties, they assumed power to recanvass the whole
VOTE and Knowing by that time that their first
could not stand Investigation by the State courts
they concluded to fling out Searns; but, by manpula-
ton Of the whole VOTE still insisted the election of
the Hayes electors Thereupon Stearns gave his GER
tacatcs 70 tho Hayes electors The was com.
pieted At half-past three A. NJ, December O. tho
day when tho electors were to meet Stearns
gave his certificates immediately to the Hayes electors
but before they met to cast the vote Of the an
Information In tho nature OF q writ OF quo warranto
was filed in tho Circuit Court in Tallahassee, whore
they were to meet This was served upon the Hayes
electors before they began to their functions
aud II will be asserted by the democratic side that
the Hayes electors wcro thus amcnable to
the Court from the time Of the service Of the
writ They went on to act, OF course, but
tho case came up In the Circuit Court in due and
counsel for the Hayes electors appeared and demurrcd
70 the pleadings the grounds that tho Office OF the
electors had expired by limitation and they were
United States officers, and such not within the
Jurisdiction OF tho Court Tho Court ovcrruled the
demurrer and rendered judgment on the 25th day Of
December against the Hayes electors.
Next the democratic Governor was inauguratcd
the Legislature met aud ordered legal canvass
OF the State be Here must be SAID that the
legal Returning Board Of Florida consists OF certain OF
the State officers and is therefore always existence
The new reported to the Legislature and
shows eighty.seven majority for the Tilden electors
the republican canvass having shown fortysix tor the
Hayes electors.
To-day arrived here Mr.. Parris of New York, and
Colonel W. Call, one OF the T.lden electors from
Florida, who bring with them certified copies OF the
record Of the Supreme Court Of tho man
damus case and The quo warranto case Of action
OF the Legislature aud Of that OF the new Returning
Board, together with memorial from the
Governor and Legislature Of tho State
10 the two houses Of Congress, setting
lorth these and other facts, and asking that the
81 the State DO justly counted and that fraudulent and
Illegal proceedings shall not be allowed.
Tho following the substance OF the democratic side
Of the story Of the republican recanvass in Florida,
this story, certified be correct by sworn cv,.
dencc and given more in detail will BIO laid before tho
Electoral Commission for Its judgment together with
tho history Of the legal and legislative proceedings
above recouuted:-
Florida has thirty. nine counties When tho Return.
Ing Board met they began by an attempt TO
how the vote stood ON the face Of the returns But
they met at once with difficulty in Baker county,
from which Two returns came up, of winch gave
the State TO Hayes, the other TO ridden. Under the
Florida law the county canvassers are required TO
at the office OF the County Clerk, whn SIX DAYS
alter the election 10 canvass the vote and complete
the Official returns The Board Vt Canv are the
County Clerk, tho County Judge and justice Of the
puacc or snerin In the case OF Baker county the
Judge "a republican, refused 10 meet the clerk and
alter waiting Tor him, the clerk called justice OF
the peace and proceeded publicly the Official
precinct returns aud sent the result thus made by
VI the three persons designated by law to the Secretary
vi State. THIS return gave the state TO Tiden by los
majority. The County Judge who had refused to meet
the other two at the same time called IN person who
had been appointed Justice OF the Peace after the
election had been held and these Two canvassed, not
the official returns, but duplicates shat only
two OF the four precincts, sent their the
Secretary OF State, which gave the State to Hayes by
~ The Returning Board decided as was proper that
the clcrks return was the correct one and this
therefore allowed and counted.
Next comes Clay county. Here the county canvass
ers, also republicans, lett out one precinct on tho
ground that did not appear that the inspectors took
thc oath prescribed BY law But they made a state
ment with their returns showing that TINS precinct
gave "a democratic majority, and the Returning Board
hcid tna The objection was not good and, therefore,
counted the precinct.
But, having gone so far the Board began to throw
out votes Ia Monroe county they threw out "a demo.
cratic precinct on the ground that the
was not completed the night OF the election as the
law domauds The inspectors completed the count At
one O'CLOCK, but one OF their number republican, Tell
Ill., ana moved to defer The declaration OF the return
until The next morning. There was no pretence Of
fraud.
In Hamilton county the Board flung out Jasper pre-
tnct on the ground that during the OF the
Inspectors both republicans, deserted the polls One
OF these deserving inspcctofsa republican, be IL re-
membercdhimself made the affidavit OF the
Ivy on which the Board lung out the VOTE There was
no attempt 10 impeach the reclitude OF the vote.
In Jackson county the Board out votes on the
ground inst the ballot boxes placed SO nigh that
tho coIored voters could them. But all the
election officers were republicans and tho boxes
oil alike.
IN Nanatcc county the whole vote was flung out on
the ground that there was no County Clerk attend
20 registration and other duties The circumstances
were these:Thc Clerk OF the county republican,