New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1855-10-26
NUMBER 1866.
POWERS AND DUTIES OF COMMISSIONERS.

POWERS AND DUTIES OF CoMMISSIoNERs
The following article, which we take from
the Baton Rouge Gazette Of the 23d inst, pre-.
| sents in clear and forcible manner some Of
the powers and duties of Commissioners of Elec-
ton, and various points Of law bearing upon
those powers and duties. The article is worthy
the attention Of every Commissioner. It's con-
clusively proven, according to our judgment,
that Commissioners are not mere passive in
struments through which the grossest frauds
may be perpetrated upon the ballot-box, but
that they are the conservators of law-iudges
of the application of the 1aw-and that it
is their sworn and solemn duty to reject illegal
ballots, no matter if the persons offering to
vote were willing to take the prescribed oath, or
any other oath, or to pile any amount Of mon
strous perjury on their souls.
With these observations We submit the article
referred to-: ------ .--.s
TIE ELECTION Law. We have heard it
affirmed, with some surprise, that the 18th and
18th Sections Of the Act of 1866, which is the
only law now subsisting upon the subject, is
to receive all votes, whether legal or illegal
We do not 30 understand the law. Persons
under such conviction have taken q narrow
and very limited view Of the statute The fact
is, that such gentlemen have Just planted them
selves upon these t,co sections, and ask with o
most triumphant air. how can you get round
this ! There is no necessity for getting round
these sections =
But, unlike the persons taking such ground,
we will not isolate these two sections from the
remainder Of the statute, but we will, in con-
fo,, itu -st of ,nfa
the whole statute together, and after consid-
GRAFTON of all its parts, comparing one part with
another, we will attempt. from the whole, to
form something like just conclusion. And is
this not in conformity with sound rules of con-
struotion The true meaning of statute is
generally to be sought from the body of the act
itself The simple RULES sufficient OF ITSELF were
there no others. to exclude the propriety of
planting ourselves upon two or a single section,
instead of taking comprehensive view OF the
whole. Chancellor Kent in his Commentaries
says: SIT is an established rule in the EXPOSE
ton of statutes, that the intention of the law
given is to be deduced from view of the whole,
and Of every part of a statute, taken and COM
pared together"
Not only are We to take into view the whole
of o statute, but we are to bring to our aid the
"several acts in pari materia, and relating to
the same subject" and take them together,
ssbecause they are considered as having one OBJ
ject in view, and as acting upon one system"
This rule is founded upon the inference, sthat
q code Of statutes relating to one subject, was
governed by one spirit and policy, and was in
tended to be consistent and harmonious in its
several parts and provisions"
What, then, is the wording Of the 14th and
18th sections Of the act of 1855 that presents
difficulty?
Sec H. "That when person offering to vote
shall be challenged, or the commissioners
shall be in doubt as to his qualifications, they
shall administer to him the following oath or
affirmation," etc.
Sec. 15. "That should any person offering to
vote refuse to take the oath or affirm to it as
prescribed in the foregoing section, the vote
of such person shall not be received, and that
it shall be the duty of the commissioners to
receiue the uotes Of all persons taking said
eath''
Now give fair, legitimate, sound and more
than all, a moral Interpretation to these
two sections, even standing isolated from
the rest of the statute, and no deduction can be
drawn from them that would dsarm the COM
missoners Of the power of protecting the bal
lot-bo from invasion, by fraud and perjury.
The moral Interpretation Of these two sections
does not impel the commissioners upon the
administration Of the oath whenever voter
may be challenged; for the reason that if there
was predetermination on the part Of voter
to take the oath at any and all hazards, it
would be easy for him to procure one of his
friends to challenge his vote, which, upon such
an immoral Interpretation as has been sought
to be put upon it, would disarm the eommis
sioners from any scrutiny into his qualifications.
But oonstrue these two sections together with
the 18th section which defines it to be g the duty
Of the commissioners to receipe the ballots OF
all legal uoters who shall offer to yote," and it
does follow that they are empowered to re-
jeet all illegal potes, when that illegality is
ascertained beyond s'doubtm Would not an
opposite construction place the several parts Of
the same statute in repugnancy
| Then, is it not clearly the duty Of the COM
missioners, 80 to interpret the law. as to result
in the conformity and harmony OF all its parts
| And, furthermore, when one Interpretation
would lead to immoral and the other to moral
| results, can any one, having the least respect
| for himself, hesitate in declaring what should
be the action Of the commissioners The law,
under such o construction, in the first place In
structs the commissioners to receive the ballots
Of all legal voters, who shall offer to vote; and
thens in the next place empowers a voter tc
thrust into the face Of the commissioners al
| illegal vote, and grin defiance at them. Thii
| leads to positive and downright absurdity
There is no doubt but that the majority in th,
lhSI SesSluu VI Iuo AcBiolaeuIc, VIZ 1ooos VI.
their utmost to enact law that would enable
them to disgrace the State, and corrupt the bal
lot-box by every species of fraud, and every
inducement to perjury. But they have utterly
failed, and every good citizen should rejoice
The commissioners will be enabled, under thu
law, to perform their duty in conformity will
their constitutional oath, which requires tina
they will g faithfully and impartially disoharg
and perform all the duties incumbent on them,
according to the best of their " abilities ant
understanding agreeably to the constitution
and laws of the United States and of thi
State"
CONSTITUTION OF THE EARTH.---A writer i
the Scientific American, after examining all tn
various theories concerning the structure Of th
earth, endorses the conclusion that the world
one mass or globe Of mixed metals, of which th
mere crust has become rustsd, or of earth
form; the outer rind, as it were, preventing an
J rapid combination taking place with the me