The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-11-28
THE VOTE OF THE STATE.

THE VOTE OF THE STATE
We give below the opinion of Attorney General
Belden on the questions presented for his oonside
ration by the secretary Of State, In relation to
the returns of the election in Orleans and other
parishes. II will be seen that the attorney gen
eral is Of opinion that the boards Of supervisors
are the proper returning officers for Orleans. as
well as for all the other parishes. His views seem
to be conclusive At sill events they are sufficiently
well grounded to constitute q valid basis for de-
Gliding the Question at issue in favor Of the 900
voters Of New Orleans, and not against them.
The rejection of this vote in opposition to this
opinion on the part of the attorney general will
be regarded as conclusive of the design Of
the board of canvsssers 70 disfranchise the
people Of New Orleans, with view to giving tbs
certificates of election ss members Of Congress
to the Radical candidates In the Second District.
Mensrd and Sheldon. There can be no other
rational Interpretation Of their conduct. The fol-
lowing is the opinion:
..sst -.ss.-..s.. lArronS.x. G.SsRAE's 0rSscz, =
STATE or LOUISIANA
New Orleans, Nov. rs, 1868.
BOvee, Secretary State. STATE Of Louisiana
Dear Sir-Your communication of yesterday
is at hand, propoundng the legal questions 70
who are returning officers ot election, in both
country and city.
tions being not only long, bot vague and some
what contradictory, have scarcely had time to
give them sach careful examination as would be
desirable.
the proper Fetnrning officers for the parishes out
side of the parish of Orleans,n have to say that
there can be no doubt, from even . casual reading
of the law, that it is the duty Of the Board Of Su
pervsors Of Registration and Election for 'h Of
said parishes.
The second question as to " who Is he proper
returning officer or officers for the parish Of Or
leans,n is-not SO readily answered as the first
question. However, 1 am OF opiaion that the
supervisors of registration for the city of New
Orleans and parish of Orleans are also returning
officers.
The wholetheory of registration and election.
III der existing laws places the entire control and
jurisdiction over such matters In the hands OF the
board of registration and boards Of supervisions.
This, therefore, brings us down 10 the election
itelf. and in determining who are returning
officers, We must examine the acts in reference
to registration, with act No. l64 relative TO cleo
tons. Section 3S Of the act relative elections,
makes IL the duty Of commissioners of election to
receive the ballots Of all legal voters. aud i'm
mediately after closing the polls they were re-
quiIed TO count the votes and make duplicate
returns Ore of the lists and one of the returns
shall be delivered to the deputy sheriff or other
officer in attendance, whose duty it shall be to
convey the ssme, without delay, to the returning
officer, or officer OF the parish"
We ale now led 10 the direct question as to who
is the returning officer? The returning officer or
officers is doubtless that officer officers. person
or persons, who finally causes the returns of, OF
evidences of the result of election, to be delivered
10 the proper officer who Is their final custodian,
as part of the State archives. This is the secre-
tary OF State.
The second section of the act approved Sep
timber Z, 1868. entitled AN act TO create board
afw .s.N
the qualified electors of this State" prescribes
the detail and manner of appointment Of super
vsOrs. both tor country and city, and which SEQ
ton of said law has been amended by act No. %,
upon the same subject. Thus 1t is clear As TO the
appointment Of supervisors OF registration " for
the country parishes Of the state, and the differ
ell districts Of the city of New Orleans. M
In accordance with this organization, they were
rsQrissd saistss the qualified electors, etc.
After this. and before election under section
sixteen of said act, approved September z, said
supervisors were required to establish section
precincts and places for voting, and TO appoint
commissioners for each poll. Thus entirely
changing the act Of 1855, as to the sathority;to
appoint commissioners of election, both for the
country and city, and vesting the entire control Of
the subject in the hands OF supervisors under the
law as now existing.
This is conclusively settled by section twenty
five of the act relatives TO elections. This election
requires that IL shall be the duty Of said Super
visors of Registration in each parish to make
section does not except New Orleans In making
il the duty of supervisors TO make returns Of cleo
ton; but If there was any doubt, II Is settled
when we see further on 10 the same section that
these " supervisors required to fle one copy
of return in the Office Of clerk OF the First District
Court"
The term "said supervisors in the second line
Of the 25th section. does not refer to section 70,
as forming an exception TO the general rule. New
Orleans, in said oath section, Is simply excepted
90 far as the law requires that the supervisors
meet at the court hoase, and nothing more. This
is readily seen 10 be in accordance with section
4, first set in reference to registration which re-
quires all supervisors to hold Office and meet ut
court house, except the parish of Orleans.
The exception contained 10 said 24th section
evidently has reference to meeting at the court
house, making proclamation, etc.
In section 4, article No. Sc, relative to registra
ton, the supervisors are required TO keep the
Office at the court house, except in The parish OF
Orleans. This, then, read in connection with
section "a, above referred to, evidently refers to
the meeting at the court house, and does not ex-
cept the supervisors as returning officers under
the law.
The sheriff was, under the act OF 1855, the re-
turning officer but under section 81 Of act Of
ls6s, relative to elections, he is certainly inhibited
from making returns or doing anything further
than carrying ths list and returns 10 the returning
officer, as provided in the following section 3S.
The simple carrying of the result OF an election
from the place where the votes are cast to the
person or persons making returns to where they
are finally deposited. does not make him return
ing officer, such as you inquire Of.
am, therefore. Of opinion that the boards OF
supervisors of election, as constituted under the
law throughout the state, as well Ia New Orleans
as other psrisbes Of the State are the proper re-
turning officers. / am. yours, very respectfully.
SIMEON BELDEs. Attorney General.
DICKENS CHRIsEMAs CARoL.-There Is not, in
| all Literature, book moro thoroughly saturated
with the spirit Of its subject than Dickens's
| "Chrisimes Carol" and there ia no book about
| a. ,ta, 90, ha oon,taa ifa paar To fol.