Sugar planter. [volume] (West Baton Rouge [i.e. Port Allen, West Baton Rouge Parish, La.]) 1856-1925, 1856-03-29

is to be conducted may be prescribed by law
This is glar ny sophistry; it is an utter per-
vertion of the goth Article of the Constltu-
| ton. which prescribes that - each House OF
the General Assembly shall Judge of the quail
ificatlon. election and returns OF its members;
but a COZ. tested election shall be determined
in such manner as shall be directed by law"
1t will be recoIlected that the Constitution
was ordained in 1852. and we ask, could It's
trainers have had in view the act OF 1914 -
Mark the wording of the latter clause OF the
above srticle: but a contested election shall
be determined in such manner as shalt be dl-
rected by lawH-not in such manner as has
been directed by law. But the act Of 1858
Says that in all contested elections for mem
bers of the General Assembly each house
shall have the power to determine which of
the parties is entitled to the seat, and award
it accordingly" We would like to know If
the power to determine is not the power to
decide. If the House has the ight to Judge
between contestant and contestee, has 1T not
the right to order the procurement OF testl-
mony to enable it to decide fairly between
the parties The majority report declared
that the provision in the act OF 1893, just
quoted is but a useless reiteration Of the
10Th Article Of the Constitution. Taking
the construction which the majority report
places upon the last clause OF this Article,
we must dissent entirely from this opinion.
The act of 1855 carries out this latter clause,
by directing the General Assembly to deter
mine which of the parties IS entitled TO a
seat in the case of a contested election. The
alorlty concludes its argument upon this
branch of the subject with this most illegltl-
. mate deduction IF, therefore, the grant OF
jurisdiction, or the delegation of power be
su iect matter, distinct and different from
rules of procedures. it follows as a matter OF
necessary consequence, tha: the law OF 1914
still exists in tull vIsor, In SO lar as 1t pre-
scribes the mode Of taking testimony
Now we hold that the light to decide a
controversy, involves the right to order the
! taking OF the testimony upon which the DE
clsiou OF the controversy Is to be based; the
House of Representatives III these contested
, election cases, had a right to send Tor persons
and papers, to order testimony to be taken
under commission. and that was the only le-
, gal and constitutional course that under the
8 existing laws could have been pursued.
: But in the case of Gordon end Deblanc.
, and DevalI and Lurlsden, the law OF lSl4 was
not complied with, the only law invoked was
: IN the case of Seuzeuesu Us. Morgan. Devall
and Lunlsden received no notice that their
seats would be contested no notice that tes-
r Itimouy would be taken for the purpose OF
,, unseatins them, Here We have before US a
most pal pab!e, saring and Infamous lncon-
slstency. unworthy OF honest and honorable
= men, such as the most thorough unscrupu-
. lousness could have alone prompted. When
the attention OF the majority Vi those "ho
couposed this committee was invited to TINS
contradiction of their previously assumed po-
. sltlon. those OF the minority were coolly IN"
y formed, that the Central Committee OF the
. Democratic party had decided In New Or
, leans upon the course to be pursued IN all
IS, these cases.
- Not withstandns the majority committee
= assume, as their basis Of action: the la" OF
o lSl4 to de ide upon the contested seats OF
y Messrs A. I. c. Morgan, Devall and Lurns-
. den. we lind this committee IN the cases OF
Leg gett aud Harrison Us. LaOarre and "hann
~ Limbard Us ackay, recommended the Leg
-, isIature to send tor persols and papers, and 10
y collect evidence before commissioner: be-
', fore thew decide upon the claims Of the con-
1e>tants, thereby acknowledging principle
| which they denied to s,ime OF the contesteeS
= "a principle which We hold as the only con
- ststutl e,lal and legal course the Legislature
=, could adopt and one which the minority com
" mi,tee invariably advocated. Here we wit
.s ness a second and not less pal pable nconslst'
It ency.
=, In the case OF Hatch, contestin. the seat o.
- Strickland. the majority committee recon-.
men nded to send hack to the people an election
when all the evidence adduced IS III favor O.
:. the contestee. notwithstanding he obtained Z
. large majority over the contestant, because
4 the sheriff of the parish In which the cleo
q ton was held neg lected t" send an electloI
. . box to one of the precincts, and the vote!
is were received in a temporary receptacle un
ts til a box could be made. Notwithstanding
~ the evidence is conclusive that all the pre-
70 cautions were used, that the votes were Sc
- cure in the receptacle used, that no frauds
- were nerp.trated on account Of this informal
.. ;tv tho election was ordered to be sent bacI
~ ~ IN. neople. Here we would observe tina
l. the result was as We anticlpated the con
r. testee was reelected by lasger malorlt!
% than before These facts are only referred
- to. to show another Inconsistency. In tn
If case of Legget and Harrison Us Labarre ant
1T Whann, notwi,hsta ndlng the evidence sho"
m that one of the Democratic candidates part'
as cipated in the counting Of the votes, the ma
n ,ority refused to send the election back to tn
o. people. The minority OF the Legislature wa
"a willing in every case OF contested election
- 70 submit the de cision to the people thl
o. nropositon was invariably repulsed by tn
n majority When these Inconsistencies wer
n. pointed out by the minority: they were cooi
70 intormed that the Central Committee OF tn
70 Democratic Party had decided IN New VI
re- leans upon the course to I've pursued.
\ Citizens OF Louisiana, are you America
~, Freemen! Will not the above declaration o
,d received with burst of Indignation through
in ont the Statee We read in Ancient histor
> that the little son of Themistocles rule
or Greece: !: that is, he ruled his mother; HI
sd mother ruled Themistocles. Themistocie
he Athens. and Athens Greece: Here We nav
in naraliel case: the Grand Centra! Commit
or tee rules the Democratic Party and tn
n Democratic Party the State OF Loolslan'