The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-20
toFFICIALl
STATE LEGIsLATURE
NINETY-sIxTH DAY.

STATE LE6lSLATURE
NINETY-SIxTH DAY.
Senate.
MONDAY, Oct. 10, 1868.
The Senate was called to order BY the president
The roll was called; present, the following
members:
Anderson. Antoine, Bacon, Beares, Braughn,
+, Campbell, Couplsnd, Darrell. Day. Foute, Fran
co.'s. Futch. jerks. Jewell. Kelso, Lewis. Lynch,
: Monette, Ogden, 0Hsrs, Packard, Pinchbsck,
PoindextsI, Pollard; Ray; Smith, Todd, Whitney
Prayer by the Rev. Mr.. Clark.
On motion Of Mr.. Ray the reading OF the
minutes was dispensed with.
Mr.. Ray from the committee on the judiciary,
reported unfavorsbly upon Senate bill No. Isl,
an act for the relief Of W. W. Hsndlin.
Mr.. Darrell. from the enrolment committee,
reported IS duly enrolled Senate bill No. 235.
Mr.. O'Hsra, from the committee on elections
and returns, presented the following minority re.
port:
Hon. President Members the Of Louisians
In the case Of George W. Raglan vs.. r. II. Day,
the undersigned cannot agree with the majority
of the committee, and begs leave to submit the
following minority report:
From the evidence adduced, the undersigned ia
fully convinced that no fair and impartial cleo.
ton took place at Baton Rouge on April the 18th
and 18th, 1868. II 10 in evidence that the ballot
boxes, police and others had been controlled by
parties in the interest of the mayor and Sheriff
Bird, the mayor 81. E. Elam) being then in Office
and candidate for reelection. II is also proven
that more than one thousand voters were pre-
vented by Intimidation from voting. The under
signed cannot agree with the majority in the pre-,
sumption that the said one thousand voters would
have voted for G. W. Raglan. The undersigned,
therefore. recommends to this honorable body
that the election be set aside, and the seat of r.
II. Day be declared vacant, and that the governor
In int tad IN I'd uo1a ofin
PATRICK O'HARA.
Mr.. Thompson, also from the committee on
elections and returns. presented the following
minority report:
Rooms SENATE COMMITTEES ON ELECTIONS,
October 10Th, 1868. (
To the the President and the Members OF the Sea-
ate of the State Of Louisiana:
The undersigued, member OF the Senate CON-
mittee on elections, having examined with all the
care to which. from its Importance IL is entitled,
the evidence submitted by George W. Raglan, con.
testing the seat Of the Hon. r. H. Day-as we'll as
that presented by DR.. Day himself-and differing.
and honestly differing, with the majority of his CO.
laborers in the work assigned them by your hon.
CRADLE body, submits the following minority re-
port:
A careful examination of the immense mass of
testimony taken in this case presents the follow
ing:
LIST. That the list of registered voters in the par
ish of East Baton Rouge amounted in round num-
bers to-
Coloreo ............... .................3 O00
Wnite. .--..-.-..---.-.. l5OO
That the large amount of more than 1000 votes
were not poiled on the 18th and 18th days OF April,
and yet thst DR.. Day received majority Of more
than zoo votes over his competitor for senatorial
hoDors. - .-. - - H
contest conducted with vigor unusual n
such cases.
Gentlemen of the very highest respectability in
Louisiana, have testified in behalf of the sitting
member, and the certain and consentaneous opin-
ion of the whole is that the election was conducted
as fairly as any election at which they were ever
prest Mt, and they witnessed many in the city of
Baton Rouge and East Baton Rouge. That If fraud
Of any description was practiced il wholly escaped
their attention sRd they further state that they
were at all times in position to have seen 1t had
such been the case. rt
In addition to the testimony of civilians, we
have the Testimony of the distinguish icommand-
or of the post Of Baton Rouge and his officers,
completely negativing the charge Of intimidation
with which 1t is charged the election is tainted.
The fstteriDg vote received by the contestant,
comparative stranger, Is an evidence of the
high esteem in which he was held by the Repub-
lican party OF his district but both the witnesses
for contestant and DIR. Day assure rs that many
of the leading colored men Of Baton Rouge were
the warm friends and active supporters of the
doctor, regarded by them as conservative in bis
notions, known to them intimately, and enjoying
measure of popularity with the colored popula-
ton of his district based as the witnesses declare
to them when sick, and his habit of bonding them
when imprisoned for alleged violations of the
criminal code of Louisiana. And it is to the
above that some of the witnesses attribute, as
well as the undersigned. the very large vote re-
ceived by him, nay, In the language Of one to-
tally disinterested, of high respect stability, aud Of
the same political faith with contestant. whose
testimony was taken by commission, in the State
rogatories, page lS2, he declares be voted for
the Constitution, and on the same page, and in
answer to tenth interrogstory. he declares " that
q. W. Ragan could control a larger colored vote
than DR.. Day, but that DR.. Day could influence
majority OF all the voters in the parish" and the
same witness declares that he expected some 800
or more to vote for the doctor, and many of them
afterwards declared they had done go. and In con-
frmation of the deep hold of DIR. Day upon the af-
fections Of the colored people Of the parish of
East Baton Rouge, one witness, (colored) q
man Of much influence and very intelligent page
l26. declares that be was and Is q Republican,
voted the Republican ticket, except for Mr.. Ra-
gan, and through his influence at least 800 colored
voters, he thinks cast their ballots for DR.. Day,
and yet another. an old resident Of the parish, de-
clares, page l75. that If " Ragan were to run to-
day against DIR. Day. the doctor would get ma
jority Of the colored votes"
The undersigned would further state, and the
testimony justfes the statement, that the chang
ing OF swapping Of votes has always been re-
garded as legitimate mode of electioneering, and
has never been esteemed an act of fraud until
very recently; but admitting it to be fraud, and
such fraud as TO the extent practiced would affect
the result, you have from the contestants own
witnesses this statement developed that at least
sixty votes were thus exchanged by the active
supporters OF DIR. Day, leaving the sitting men,
Der at least $50 majority. The undersigned can
not agree with the majority that colored voters
were denied the right Of voting. Without doing
violence t. the testimony of Gen. Sykes, part OF
whose command was near the polls for the pre-
servation Of peace and order, well, perhaps, to
secure to all their rights under the law, as well as
the highly respectable gentleman who. under the
solemn sanctity Of an cath. declared that from time
TO time public proclamation was made inviting all
who were entitled TO do 30 to approach the ballot
box and cast their votes.
The undersigned would further state to the
Hon. the Senate Of Louisiana that this report has
been made, not in the spirit of a partisan, but
from a sincere desire to present the leading
features of the evidence to vindicate the judg-
ment rendered by the voters of the parish Of East
Baton Rouge on the 18th and 18th of April, 1868.
For the reasons above stated the undersigned
concludes that the contestant George W. Rsgan
has totally failed to establish the charges exhibit