New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-03-26

SuEHlPF's PRocIAMArroN-The Sheriff has
Issued his reclamation declaring duly elected all the of
;s who returned elected by the Commissioners
This settles the matter far the government of the
city concerned and let the result Of the election be
what it may. the officers only be changed by regular
prgce-4 # contrasting the election Of the incumbents
Contested IEcTIoN.-Judge Buchanan yes
to-day rendered his decision in the contested election
rnse Much interest was manifested in the result and
the courtroom crowded at early hour Soon after
the decision read and the mandamus served Sheriff
Freret Recorder Caldwell. and Justices Lugenbuhl and
rno proceeded to count the votes beginning with the
Fourth Precinct From the progress made in the count
of this poll judge that three days at least will be
CURED through with the votes of the four
Districts
The counting continued until ten O'Clock. at which
hour the Fourth Precinct count completed The
then adjourned until this morning at o'clock
when the task will be resumed The ballots of the Eighth
aud Ninth Wards also to be counted in addition
those already named and probably others will be added
and we judge that the labor will cover period of
three weeks,
REASONS FOR JUDGMENT.
The present application is for mandamus.
mandamus is writ requiring the party to whom it is
addressed to perform act belonging to the place
duty quality of such party [oode =: Practice. Art
s29i This writ should be issued says the Code when
the law has given relief by the ordinary
and where justice and require that mode
should exist of rcdressng wrong or an abuse of any
nature whatever Code of Practice Art $50
The petition herein sets forth that the returning Off
at the late municipal election the respondents
to-wt The Sheriff of the Parish of Orleans. the Re
corder of the Second Municipality of NewOrean and
Daniel Byrne and George Lugenbuh, Justices of the
Peace of the Parish of Orleans That it was the duty
of such returning officers under the act of ODD February
1852 open and examine the returns Of the inspectors
of the election held in this city the 23d March inst
proclaim the result of the said election within
days after the shall have been received
from said inspectors That the returns of the inspectors
having been received by the Sheriff. he did according to
the Snd 18th section assisted by the other respondents
proceed to open the said returns but that errors and dis
crepanrie found to exist in certain of those returns
Whercup0n the petitioner as II citizen and legally quail
fled voter required respondents to examine the ballots
and aes which had been transmitted by the inspectors
Of election to the Sheriff as part of their returns but
the respondents refused neglected to make such
examination it was their duty by law to make, under
the circumstances.
The petitioner concludes by praying that the respon-
be directed by the States writ of mandamus per-
form the same duty.
r 1t appears sufficiently plain that the remedy sought by
= the petitioner has nothing in common with inquiry
into the validity of the election consequently it is
cessy that should follow the learned Counsel of the
Sheriff and of Justice Byrne in his examination of the
question in whom il vested by law the right of deciding
upon tie validity of an election Mayor and other
nicipal officers Of the city of New0rleans,
The respondents have served in their answers. The
Sheriff and Justice Ryrne have averrcd that it was
neither their duty their right to examine the ballots
and the tacs to them by the inspectors of the election
ncr the circumstances stated oath by the petitioner
ahch circumstances not denied by the respondents
The Recorder and Justice iugenbuh declare in their
answer Their opinion to be- that il both their duty
and their right examine thoroughly the ballots and
the tes in order to eucidate the discrepancies and
charged in the petition he truth of which they
conm) hut that they were prevented from doing by
the Sheriff and thoreupon refused to take any further part
in the proceeding. ana TO sign the process verbal.
the trial Of the it proved that the ballots
and tacs not examined required by the petition
er and by the Recorder and Justice Lugenbuh that upon
the sheriff expressing his decision that they should
be examined Justice Lugenbuhl retired; whereupon the
Sheriff appointed Mr. Gquel whom he styles Justice OF
the Peace. or the Sherffs words who the
only Justice the Peace present to act in the place
Justice ugenbuhn After the vercation of the returns
completed the Sheriff proclaimed the result of the
election to the citizens present, and caused process
bal to be made which signed by the Sheriff by Justice
Byrne by Mr. Gique and by three other citizens wit
The argument of the learned Counsel of the Sheriff and
nstce yrne in support of the view Of the duties deve
uped the of those gentlemen based upon the
18th section of act of the Legislature approved Jan
1917 entitled act to regulate elections in the Par
ishps of Orleans and Jefferson
As this section does not make it the duty todem rerbs
the Commissioners Inspectors who have received
the and counted them to transmit the ballots and
taes to the officers who to open and examine the
turns and to proclaim the result of the election it is
tended on behalf of the Sheriff. and of Justice Byrnc that
these ballots and taes not under any circumstances
to be examined. or noticed by those officers.
Here will remark that two ont of the for otcersc con
ycncd in accordance with law for the purpose of opening
and examining the of the Inspectors and Of pro-
claiming Of the election. of opinion thai
under the ircunlstauces the demand of the petitioner
should have been listened and the ballots and taie
should have been examined
AIN NJ opinion that those two officers of the respond
mt. Recorder Caldwell and Justice LUyenbnhl had Al
sul yipe with tlm Gther iva apess, the respondents