Remarks of Mr. Justice Clifford in the Consultations of the Electoral Commission Respecting the Electoral Votes of the State of Florida

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Joseph L. Pearson, printer, 1877 - Elections - 32 pages
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Page 16 - If any such returns shall be shown or shall appear to be so irregular, false, or fraudulent that the board shall be unable to determine the true vote for any such officer or member, they shall so certify, and shall not include such return in their determination and declaration...
Page 19 - Houses, acting separately or together, and, by a majority of votes, decide whether any and what votes from such State are the votes provided for by the Constitution of the United States, and how many and what persons were duly appointed electors in such State; and may therein take into view such petitions, depositions, and other papers, if any, as shall, by the Constitution and now existing law, be competent and pertinent in such consideration...
Page 5 - ... the names of the persons voted for, and the number of votes given for each to be written in the ward records in words at length.
Page 2 - After some discussion the Commission adopted a motion that counsel be allowed two hours on each side to discuss the question whether any evidence will be considered by the Commission that was not submitted to the two Houses by the President of the Senate, and, if so, what evidence can properly be considered, and also the question, What is the evidence now before the Commission...
Page 19 - I, . do solemnly swear (or affirm, as the case may be) that I will impartially examine and consider all questions submitted to the commission of which I am a member, and a true judgment give thereon, agreeably to the Constitution and the laws: so help me God;" which oath shall be filed with the Secretary of the Senate.
Page 5 - State pursuant to notice to be given by the Secretary of State, and form a Board of State Canvassers, and proceed to canvass the returns of said election, and determine and declare who shall have been elected to any such office, or as such member, as shown by such returns.
Page 25 - Courts, and such other inferior tribunals as may be established by law. The District Courts and the Judges thereof shall have power to issue writs of mandamus, injunction, quo warranto, certiorari and all other writs proper and necessary to the complete exercise of their jurisdiction; and also shall have power to issue writs of habeas corpus on petition by, or on behalf of, any person held in actual custody in their respective districts.
Page 30 - The hour of three o'clock having arrived, being the time designated by an order of tho commission at which the question on the matter pending should be submitted, Mr. Commissioner Miller moved the following order : Ordered, That no evidence will be received or considered by the commission...
Page 28 - Their first act and determination must be such as appears from and is shown by the returns from the several counties to be correct. They have no general power to issue subpoenas, to summon parties, to compel the attendance of witnesses, to grant a trial by jury, or to do any act, but determine and declare who has been elected as shown by the returns.
Page 30 - ... the Court of Queen's Bench ought to compel the performance of a public duty by public officers, although the time prescribed by statute for the performance of...

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