New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-09
Office, except in cases of impeachment or

Indeed, the Heron board must finish the
canvass of the votes, or a new Legislature
can not be legally organized so as to create
a board of canvassers in accordance with
sections two and forty-fou of the law Of
the twentieth of November, 1872:
SEC. ?. Be it further enacted, etc, That
five persons, TO be elected by the Senate
from all political parties shall be the re-
turning officers for all elections in the State,
a majority OF whom shall constitute quo
rum, and have power to make the returns
of all elections. In case of any vacancy by
death, resignation, or otherwise, by either
OF the board, then the vacancy shall be
filed by the residue of the board of re-
turning officers. The returning officers
shall, after each election, before entering
on their duties, take and subscribe to the
following oath before a judge of the Su-
preme or any district court:
l, A. b, do solemnly swear Tor afirm)
that l will faithfully and diligently perform
the duties OF returning officer as pre-
scribed by law; that l will carefully and
honestly canvass and compile the statements
of the votes, and make a true and correct
return Of the election. So help me God.
Within ten days after the closing of the
election said returning officers shall meet
in New Orleans to canvass and compile the
statement of votes made by the cOmmrs-
election TO the Secretary of State. They
shall continue in session until such returns
have been compiled. The presiding officer
shall, at such meeting, open, in the presence
of the said returning officers, the state
ments Of the commissioners of election and
the said returning officers shall, from said
statements, canvass and compile the returns
of the election in duplicate one copy Of such
returns they shall file in the office of the Sec
rot pf of 1lon
make public proclamation by printing in
the official journal and such other
newspapers as they may deem proper, de-
claring the names Of all persons and officers
voted for, the number Of votes for each
person and the names of the persons who
have been duly and lawfully elected. The
return Of the election thus made and pro
mulgated shall be prima facie evidence in
all courts OF justice and before all civil
officers until set aside after a contest
according to law of the right OF any person
named therein to hold and exercise the
office to which he shall by such return be
declared elected. The Governor shall,
within thirty days thereafter, issue COM
missions to all officers thus declared elected,
who are required by law to be com
missioned.
Sec, A. Be it further enacted, etc, That
it shall be the duty of the Secretary of
State to transmit to the Clerk OF the House
Of Representatives and the Secretary of the
Senate of the last General Assembly list
Of the names Of such persons as, according
to the returns, shall have been elected to
either branch of the General Assembly;
and it shall Toe the duty Of the said Clerk
and Secretary TO place the names of the
and Senators elect so fur
nished upon the roll of the House and of
the Senate, respectively; and those Repre-
sentatiVes and Senators whose names are
so placed by the Clerk and Secretary, re-
spectiVely, IN accordance with the fOreg0-
ing provisions, and none other, shall be
competent to organize the House Of Repre-
sentatives or Senate. Nothing in this act
shall be construed to conflict with article
thirty-fouP OF the constitution of the State.
| see therefore, no way of avoiding the
conclusion, that in any view of the case the
Heron board of returning officers are still
authorized to continue their duties, and are
still entitled to the protection of the court.
The court keeps within the acts of Con-
gress and the fifteenth amendment. 1t does
not pretend in any way to make Governor
of the State, Or in any degree to interfere
with the voice of the people expressed
through the ballot box. What it does is
to aid in making known the voice OF the
people i'll accordance with sections three
and twenty-three of the act OF Congress
and with section fifteen of the amendment
thereto, and in its action is only a clearly
needed adjunct Of the legal returning board.
Many propositions were discussed during
the argument which it is not necessary for
me to now pass upOn. 1t is enough that |
find the statute constitutional, that the
court has jurisdiction, aud that the board
OF returning officers, composed OF IL. &.
Warmoth and Messrs. Hawkins, Lynch,
L0nEstreet and Heron, are the legal board,
and as such entitled to the protection OF
this court.
As to the question of the ineligiblity Of
the complainant in the bill to the office Of
Governor, this question can not arise under
the bill. and could only come before this
court in a direct action at law to test the title
to the Office. It is not, therefore, ueces-
sary or proper for me to decide it now;
but were it otherwise, | would say
that the reason OF the thing seems TO
favor his eligibility, the object of the pro-
vision Of the constitution being to prevent
a man serving two masters and having
Il divided allegiance. And the fact
that c0ntemporaneously with the adoption
of the constitution, which first contained
this provision the then territorial Governor
was by the then constitutional convention
made Governor Of the State Professionally,
and at the ensuing election, made by the
people, the first Governor Of the State,
would seem to indicate that the meaning of
the inhibition was understood to be as |
above stated.
1t only remains for me now to make the
following orders
That the said defendant, Henry c. War
moth, during the tendency of this cause,
be- and he hereby is, until the further or
der of this court, enjOined, inhibited and
restrained from in any manner, either di-
rectly or indirectly, considering or pretend
ing to consider, or canvass any statement,
certificate or return OF any supervisor or
assistant supervisor of registration, or any
officer having any duties to perform about
or concerning an election held on The fourth
day of November, A. d. 1872, in the State of
Louisiana, or relating to any votes OF bal
lots cast at SAID election, except in the
James Longstreet and George Z. Boyee,
q board Of returning officers for
said election; and that he do fur
ther desist and refrain from submitting
on allowing 10 be submitted, or from aiding
or assisting in the submission to the defend
ants, Frank Hatch, Jack Wharton, Durant
DaPOnte, or any other person or persons
whatsoever, other than the said Hawkins,
Bovee, Lynch and Longstreet any paper
document, affidavit, statement OF votes, re-
turn Of officers of election, or other proof
in any manner relating TO said election, and
from allowing any other person or persons
whatsoever, other than those in this order
excepted. whether pretending to act as re-
turning officers, or in any other capacity, to
inspect, consider have access to, canvass
or tampeF with any paper document, aft
davit, statement of votes, returns or writ
ten proof relating to said election or to the
fairness and correctness thereof, that may
have heretofore or may hereafter come into
1 J y
by law should properly be laid be-
fore. submitted to or considered by