The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1916-08-06

I Chief Justice Randall and Associate /
I Justice Van Valkenburgh, and onai
democrat, viz, Associate Justice
Westcott, that an appeal to that tri- !
bunal would be useless. Prominent |
among those who believed such an /
/ appeal would be useless was Captain |
G. E. Dyke, a power in the party. |
But Judge R B. Hilton, who had |
successfully represented Hon. w. D. |
Bloxhan, when counted out in 1870 |
/ for lieutenant governor, before this
tribunal, when it was of the same
personnel, except that Judge Van
/ Valkenburgh had succeeded o. B.
Hart as associate justice, insisted
that justice could be obtained from
the supreme court, and that the case
was perfectly plain one. Even
tually he was supported in this con-
tention by Hon. s. Pasco, chairman
Of the committee, and Hon. George
P. Raney, member of the commit
tee. The case was placed in Judge
Hilton's hands as leading counsel,
and with him were associated Judges
Campbell and Raney.
At special term of the supreme
court, held in December, 1876, that
tribunal, upon the relation of George
F. Drew, issued an alternative writ
of mandamus to the returning board
Estate canvassing board, as it is
technically known), commanding
that body to reconvene and to exer-
else only its statutory ministerial
duties in tabulating the returns from
the various counties, including the
county and precincts which had been
rejected by the board, or show cause
by a designated day, why not. Judge
J. P. c. Emmons, of Jacksonville,
represented the board and upon the
return to the alternative writ of
, mandamus, the cause was deliberately
argued for Governor Drew by Judge
R. L. Campbell of Pensacola and
Judge r. B. Hilton of Tallahassee,
each Of whom filed a separate brief
in the cause, and by Judge Emmons
for the board. Judge Westcott rem
dered the unanimous opinion and de-
} cision of the court, sustaining the
I contention of the attornies for Gov
ernor Drew, and issuing a pre-emp-
tory writ of mandamas. On the day
that the board was to report that
it had carried out the mandate of
the court which every one knew
meant the election of Drew, the old
J supreme court room was crowded to
suffocation. To the surprise of
every one the board, instead of re-
porting its obedience to the courts
|, mandate, fled a protest against the
!, jurisdiction of the court. Every one
7 was in breathless suspense, awaiting
| the action of the court. During this
suspense, Judge R. L. Campbell
= / arose, and / shall never forget his
look, his voice and his words. After
, nearly forty years, they are as vivid
: to me as at the time. He said, MAY
it please the court, if this court can
not enforce its mandate against these
>, men because of their high official po-
? sition, then throw away your con-
, stitution, and your laws and pro-
:, claim to the good people of Florida
:. anarchy, revolution and confusion =
!. The court, speaking through Judge
Westcott, rejected the protest and
l. gave the respondents until that aft
:. ernoon to fully comply with the man
date Of the court, and to report their
+ compliance 10 the court, which the
e respondents did, and George F. Drew
# was declared elected governor Of
.e Florida by nearly 500 votes (not less
q than one hundred as stated in the
.e Tribune article), as records in the
lie Office of the secretary of state viii
g show.
AS to the statement that the cleo
n toraI vote of this state was TRADED
e, for Hayes in consideration Of the
lie state democratic ticket, there hal
he been persistent gossip to that effect
~ through all these years, but cireum'
d. stances indicate that this has NJ
tie foundation, except in gossip. Their
were two sets of electors from this
c. state holding certificates of election
c. The democratic electors were j. E
ie Yonge of Pensacola, Wilkinson Cal
re of Jacksonville, r. B. Hilton of Tai
he lahassee, and Robert Bullock o.
l. 0cala. J. r. Yonge was selected b!
.e, the other democratic electors to takt
I'd the returns (the vote of the demo
e, cratic electors for Tilden and Hen
t. dricks) to Washington. The ques
d. ton as to which set of electors were
r entitled to the certificate and 70
whom the electoral vote of Florid;
y should be cast, was taken before tn,
lie electoral commission and decided n
he favor of Hayes by the strict part.
lg vote of 8 to z, the majority of tn,
It. electoral commission basing its in
of iquitous ruling and vote upon tn
ground that the commission ,couli
a not go behind the returns. Judge J
rs S. Black, of counsel for Tilden ant
he the democratic party before the cleo
e. toral commission, contended, and hi
re entire argument was directed to tn
F contention, that it was the duty 0