The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-04
FLORIDA.


Florida usurped revisory power over the votes
rast Without warrant 81 law they REJECTED votes
where they saw IT. instead Of compiling them;
and that they usurped this power for partisan
purposes. ami exercised II partially and iraudu-
irnty has been in part confessed. But as tno
motives which inspired its exercise might well
be regarded rs immaterial.
ELEcroRs-How APPoINTED.
The Constitution oi the United States tarticle
q section J. . provides that each State shall ap-
point. in such manner as the Leg stature there
~ may direct. the electors Of President and
The Legislature Of the State OF Florida di-
reced mat the electors OF that State should be
elocted by ballot"
The laws III Florida provide that the person
having the highest number of votes cast for any
0fiica shall he elected 10 such Office: that upon
the close Of the polls the inspectors shall pro-
coed 10 canvass The votes cast; that tho canvass
shall 10" public and continuous until completed;
number Of votes exceed tho numbers ot persons
who have voted according 10 the CLERK $ list, the
excess. puhiicly drawn out by lot shall he de-
stroyrd. Duplicate certificates OF the result
shall then be scaled up aud sent 70 the Clerk OF
the Circuit Court and the Judge nf the county.
Uuon the receipt OF the returns the Judge and
the assistance Of a Justic" oi tho Peace oi the
county. proceed to punl"!y canvass me vote ms
shown 10y the returns on hlr. anG io forward
certificates OF the result TO the Secretary OF state
and IN" Governor; and within thirty -uYe DAYS
after the election the Secretary oi state. Attor-
ney-G"nerUl. AMI Clerk ot the supreme Court
ARE - meet At III" office Of the Secretary ot state
and canvass the returns. and II any OF me
county returns be- shown, or shall appear 10
lr So irregular. false or fraudulent That the
Board shall bee unable Ia determine the true
vote for any such officer, or member they shall
so certify. and shall not Include such return IN
their determination and drcihratlun, ana the
Secretary Oi State shall preserve and file in his
Office all such returns" and tho accompanying
papers.
POWER OF STATE oANvAssERs.
This was the only power given the state can
yassrrs. They had no other power whatever
f.fl hort TeI lhI
ity 10 perform tie ministerial duly 81 canvass
ing and compiling the returns OF the clrctl"h
sent thcm by the county officers except wncn
So false. fraudulent. or irregular or turlr lhce
as not 10 disclose the vote. and 10 thus arrive AT
ne tisu %, we r,rs N",' ~, itsf inVolyed The
power II discriminating between what were
real and what were forged or only pretenitu
returns OF the vote cast. Such power ls
necessary concomitant OF the power 10 canvass
returns In order to count-whether 1t bo votes
or money or any other thing-u ~ necessary
thar the ono who counts must first decide ms TO
what is % be counted. But the discretion OF de-
terminiuE what were real returns from the
county officers. and whether they expressed
vote that could be determined from them. was
the only power or discretion whatever commit
| has been held to bethe law OF Florida. both he-
! lOrr and slncr the canvass Of lhl6 WAS made.
In $50 ne supreme CONT o tloTldn; ID ens
case ui BloXliam hgt. Inc STATE ShhVhss%erss % 3
ti3 Fla. 70 ~. declared that the object OF the
law WIS 70 ascertain the number OF votes cast,
and determine tAeTelrom and certily me respl y. I I
! Ol tho elD 'tun.' Ihat IL is the duty oi the
state canyasssrs 10 detormine whether the
paprrs rorelyrd by them plruortins to be re-
| tufur were In fact such, and were genuine,
| iuieiugible. and substantially AUTHENTICATED by
! Hw' and II 80 II was their duty to count ana
| CANVASS them.
This law was. in December. 1875. reaffirmed
| in Drew's case by the unanimous decision Of
! the supreme Court. Of which the majority. were
| Republican. Tho duty and power OF tho
! Board Of state Clnyassers," say the Court. in
| ihat cnse was confned exclusively 10 the
! compiling Of such returns Of any election as
| should come t0 their hands from the County
! Cuuva-,ing Boards. and upon compilation Of
/ th, np.rrnutr vote ms shown 10y such r'turns.
| tn a-.,.rtHln who had received tho highest num-
Ter o. votes for any ONCE, ana 10 certify the re-
Preferences are made to the testimony taken By the
Committee bv pngcs simply thus J., 10 10 the tesumony
taken by the Florida sub Committee as flA, p ~ 70 Ual
taken by the first Louisiana sub Committee as La p TO-
t hat In the inquiry a. the cipher Dispatches as
Cy 10 The testimony taken by the second LOuiaAn IA
sub Committee u smboded IN ths WsuinohT " As main
| C0mmitlaA