New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-22

Charles Gross. DOC
Louis Cavalier. ...........-... x.....--...--. 20
From this it would seem that the majority
obtained, and formally announced by the
returning officers, OF Collins over both OF
his competitors is over fifteen hundred
votes.
In decree rendered by this court, some
days past, touching this same Judgment Of
the Supreme Court, the Judge Of the court
recused himself upon the grounds OF per
sOnal and pecuniary interest, by reason OF
his employment as the attorney of Bisbee,
the appointee of the Governor, to fill an un-
expired term of the Office of Sheriff, made
so by the suspension of Schwab therefrOm.
by the Second judicial District Court. The
facts and the questions presented in the
matter now before this court, are widely
variant from tho other. Schwab, in this
case, would seem to ignore the factthat the
term of Office to which he was elected for
two years, and for which he was contending.
has expired. He would seem to ignore the
fact that an election of the people, under
the constitution and laws of this State, did
actually take place on the seventh of this
month. He would seem to disregard the
fact that the decision of the Supreme Court
of this State has reference alone to existing
now expired. He would seem to ignore the
fact that some other citizen, other than
Bisbee, has been, in the regular course OF
affairs, elected, commissioned and qualified
to enter upon the discharge of the duties OF
Sheriff of this parish for the two coming
years. / regard the questions Of the past
as linked indissolubly with the past; and,
in this case. that they can, in no way, be
lugged or forced into tho present matter
If Schwab has any rights arising from this
decree Of the Supreme Court, they are con
nected with the last, expired term of this
office.
This motion of Schwab, who is possessed
Of a decree of the Supreme Court relating
wholly to his rights in and to the last term
ofthe shrievalty of this parish, opposes it.
self to the rights of newly elected Sheriff,
lust from the expressed will Of the people
and Just entering upon the exercise of his
that Office. If there were no elected Sheriff
in this parish, the controversy might with
some show of right be carried on contra
dictOrily with the incumbent of the past
term; but here is Sheriff who presents his
commission as Sheriff of this parish, based
upon the election whiC b took place on the
seventh instant.
This commission of Collins was objected
to by Schwabs attorney, upon the grounds
that the same was issued prematurely and
unadvisedly by the Governor: and that the
ISSuduCc VI tuc 6duC CVAtlAA.y " Ao
that undue haste and undue diligence was
used, contrary to the laws in regard to elec-
tions. l might here very properly say, that
with the lights before me, can not 60 be
hind the commission displayed to this court
by Mr.. Collins.
1t is in evidence that there was an cleo
ton had in the parish of Jefferson, on the
seventh of November, instant, for the place
and position of Sheriff. 1t is in evidence
by the published returns of the officers con
stituted and appointed by law to make
them. that Amos s. Collins received at that
election, large and overwhelming majority
of the legal votes cast No contest what
soever has been urged, or in any manner
shOwn-nOthing has been urged or shown
that there was not q "fair, free and peace
able registration and election" in this
parish.
1t is made the duty of the returning Off
GERS to Compile, first, the statements from
all polls, or voting places, at which there
registration and election" ETC., section So
act of 1870, page l55.
"Omnia presslmnntNr rite asta, and
when l have the commission of the elected
Sheriff before me, am constrained to be
ieve that all the formalities and require
! ments of law, relative to such an election
have been strictly complied with, and that
his commission to hold the office Is the 1an
| and legal resultant. The preceding section
| (54) Of this election law Of 1870, the only
| law on the subject: after the constitution
| and appointment of the returning officers
| ETC., reads: "Within ten days after thu
closing of the election, said returning of
| ficers shall meet in New Orleans and com
pile the statement of votes, made by thu
| Supervisors Of Registration, and make re
| turns of the election to the Secretary o
| State. They shall continue in session unit
| such returns have been completed. Tht
Governor shall, at such meeting open, in thu
presence of the said returning officers, th'
statements of the Supervisors of Registra
| ton: and the eaid returning officers shall
| from said Statements canvass and compile
| the returns Of the election in duplicate. On'
| copy of such returns they shall file in tn
| Office of the Secretary of State. and OF on
copy they shall make public proclamation
by printing in the official journal, and suci
other newspapers as they may deem proper
declaring tho names of all persons and ON
GERS voted for, the number of votes for eacl
person, and tho names of the persons VIII
have been duly and lawfully elected. Th'
returns OF the elections thus made and pro
mulgated shall Be primn fdcie evidence i
/ all courts of Justice and before all civil OH
cors until cot aside, after contest according
to law, Of tAs right Of any person namel
/ therein to hold and exercise the ohhco Il
whioh he aAau, ~ susA return, be declares
electsd. The GeveEner shall, within thixt,
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