New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-29
NoN-0oMMIssIoNED OFFICERs,

OF three Tor AdmInlstratorshlps have pre-
sented themselves at the City Hall with the
folIowingor similar credentials:
SrATH oP LouiuATA,)
Office Of State Registrar Of Voters
New Orleans, November 81 l672.)
Hon, l. a. Witt:
DEAR SIR-In reply to your request of
this date. have the honor to inform you
that, from the most reliable sources of in
formation accessible to this office, the vote
for the office of Mayor OF the city OF New
Orleans, cast il this parish at the general
election of the fourth instant, was as fol-
lows:
L. A. Wilt received %, 1896 votes.
w. & Fish received II 984 votes.
am sir, very respectfully your obedient
servant. B. P, BLANCHARD,
State Registrar of Voters and Supervisor Of
Registration, Parish of Orlesns.
Now, supposing Mr. WiItz to be elected
by triumphant majority, fully as great as
Mr.. Blanchard says, is there NOS an entire
want Of official character Elm the above doc
ument' It does not certify. is not eerti-
6cate, 4ot the sort Of an instrument which
makes certain II is merely i friendly los
ter Of information.
To be % certificate under the fsv, ie must
be such as is provided for in the law. What
is the lawf 1t is either act No. %, approved
November %, 1872, or act No. 100. approved
March Is. l870o
Under the latter named ace &he sGpeq
visor Of registration can give no certificate
Of election. nor anything approaching it,
except the abatement in duplicate Jointly
with the poii commissioners, provided for
in section ffty Of the act. two copies
20 be sent tQ the Governor in different Waya,
! and one retsinedo
21nder the former 29Bme3 ac: 2c& saii go
be in toroe. he in4fte> 2 consolidation Of the
| returns, as provided for in section forty
,hyee, and forwards them with originals 10
the newly provided State returning @slicSSso
set to be elected by the Senate.
s., tho letter Of Mr. Blanchard IS aOS
| certificate known 10 She iawo and 30 certiii-
| cate from any 0thes man IN the State wpgl9
! do just ae well.
The candidates presenting :hemsnfses
show nc commissions saying that section
six Of Act No. :. extra session Of I87oo only
mention rs Certificates of election and quail
| tieations' Certificates js plural and
means all tho requirements OF Che Jaws 60
''nake sure" the election and qualifications.
! IL includes the certificate Of the giving, ap-
| proval, and recording of the bond, and
| it will be shown that it includes the COM
| mission OF the Governor, whose duty il is
to see that ne has the certificate of the re-
turning board, if under the act OF 1870, or
| the returning officers if under the act of
1872: and perhaps to be assured Of HE eIigi-
bilitv. snd aling of necessary Oaths wheSe
J required by law, etc
! Now 3et us examine whether city officers
do NOS .have 70 be commissioned by the
Governor. First, take i5 under ?he ace Of
1870. That act Go. l0O) clearly applies to
all elections. State. parochiai and municipal,
regular and special. See sections twenty
sa and tvency-scyep 0fthe act. Then look
| at section twentyeighC. which provides that
The Governor shal! commission all officers.
But il acs No. 100 of 1870 is not the saw,
then sot No. 9S of 1872 is. !Iet 0s ioob
into thst. Sections fvey sis, seven. nine
teen. eweuty.fouv and thirty-tWo show
clearly that the act applies 80 all inapioipal
and local, fnslUdin2 special elections. and
section twenty five provides expressly shat
She Governor shall commission all the Off
GERS elect, except members OF the Ssegis(a-
ture. police .juEors ana rhe new %ovoSnos.
see also section seventy two d: she CON
stitg.oU of 1858.
/ IF i. be said that the Governor dis 9lot
cal; an election for city. but only sos parish
officers. Shop So muef. the worse for the
candidates, tor they were Cioctes 60
nothing at al. The election lacked NO
ceseary formaiity, being held without ojt5-
ciai cal! oe notice by the State oE cisyo
Uut without shat they come Qnao0onp
panied By tho fornaiity Of being Seturned
by any competent returning auth0"ity. Gr
Blanchard Is not in any sense permitted TO
decide % count; he cOnsolidates and foe
wards the data. with she materials From
which be obtains it. The canyassing, eount-
ing and deciding is only done anthoriSa
lively under she returning bOar3 Us $ne
Law or the other.
Under neither the ace OF 1879 nog 1879
can the elected city officer hold, without q
commission of tn. Governors nor gaH the
Governor lawfully commission without the
certificate c! the returning board
There IL something peculiar about thB zee
pealine clause OF the act OF 1872. which
seems (sectIon seventy oncl To do away with
all other aots on the subject OF election
Laws. 1t would take no forced interpreta
ton of this 70 end the registration act. with
Mr.. Blanchard's Office, certificates and all,
1t does not merely repeal laws on the same
subject matter as its text, but ''a.I Others
on the subject of election laws"