New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-08


elections; that in case Of any vacancy by
death, resignation or otherwise, by either
Of the board, then the vacancy should be
filled by the residue Of the board OF return
ing officers; that said law further provides
that within ten days after the closing OF
the election said returning officers shall
meet in New Orleans to canvass aud COM
pile the statement Of votes made by the
supervisors of registration and make re.
turns of the election to the Secretary OF
State, ana they shall continue in session
until such returns shall have been coui-
pleted; that the Governor shall at 9"CH
meeting, open, in the presence Oh saiu =; ="
turning officers, the statements u tio
supervisors Of registration, anu th"l CIo
returning officers shall, from Huch 7OdCI
lneryts. canvass and compile the returns %
the election in duplicate; that one copy o.
such return shall be filed III the office OF the
Secretary of the State of said State, and OF
one roDV they shall make public procla-
tnation. by printing in the official journal
and such other newspapers as they may
deem proper, declaring the names OF an
persons and officers voted tor, the numoer
of votes for each person, and the names OF
he persons who have been lawfully elected;
the returns Of the elections thus made and
promulgated are by said State law declared
TO be Drlma facie evidence, in all courts OF
iustice and before all civil officers, OF the
right OF any person named therein, to hold
and exercise the Office to which he shall by
such returns be declared elected.
And your orator further shows that, by
the law Of said State, the said board OF re-
turning officers are vested with full and
competent authority and jurisdiction to ex-
anime into the truthfuIness of any such
statement, certificate or return; TO hear
testimony require the production Of papers,
and to investigate into the fairness OF the
election in any of the several parishes,
polls or election precincts in said State, and
to determine whether persons who were by
law lawfully entitled to vote at such cleo
ton were deprived of or refused the right
Of franchise by reason Of race, color or pre-
vious condition, or otherwise; and if it APP
pear that sufficient number of the qualified
electors entitled to vote at any poll or vot-
ing place were refused the right of franchise
unlawfulIy, so as materially to change the
result of the election, said returning officers
are prohibited from canvassing or compll-
ing the statement of votes of such poll
or voting place in their return, but are
required to exclude it theretorm.
Your orator, further complaining, shows
unto your hOnUrs that ten days after said
election, and at the time when said return
ing board was by law required to meet, the
same did so meet; that the defendant,
State, was present at such meeting; that p.
B. S. Pinchback, Lieutenant Governor,
Francis J. Heron, Secretary of State, and
John Lynch were also present, constituting
a majority of said board; that it was then
and there determined that said 2. 3. S.
Pinchback and T. c. Anderson, being can
didates for Office at said election and in
terested therein, were disqualified from act
ing on said board, thereby reducing the
To tal cold
defendant, WarmOth. the said Francis j.
Heron and the said John Lynch, who still
constituted majority Of said board: the
said board then proceeded by authority OF
law to fill said vacancies in said board, aud
filled the same by the election of Jacob
Hawkins and James LOngstreet; that said
board was tbereupGn properly organized to
proceed to said canvass, and We're duly
sworn according to law,
And your orator further shows that said
defendant, Henry G. Warmoth, pretending
to be IN possession of the returns OF large
number of supervisors of registration, re-
fused to open said statements OF the super.
visors of registration in the presence of
said returning officers, being influenced in
such refusal, as your orator verify DeHeVeS,
by the fear that said returning board would
make due and proper investigation OF the
truthfulness of said returns and statements,
and that said scheme for excluding lawful
ballots would be defeated, or that evidence
of the frauds that had been so committed,
and Of the fact that large number Of per
sons had at such election offered to vote
and had been denied the right to vote, con
trary to the constitution and acts Of Con
gress, would be discovered and preserved
III such form that the same could be used
and of avail in any action or proceeding in
stituted by your orator to determine his
right to the office of Governor OF said State,
but the said Henry c. Wdrmoth made trivo-
ious excuses for not dIsCharglng his SAID
duty, and said board of returning officers adj
iourned until the next day without any fur
Their action, when, in order to cover up and
conceal said frauds and to prevent the
proper legal canvass of said votes, the said
defendant Henry G.. WaTmOth, without any
legal authority or color of law, pretended
to eject the said Francis j. Heron from the
office of Secretary of State, and with force
and arms attempted to take fOrcible pos
session of the records and archives OF the
Office of Secretary Of State into his custody,
and without warrant or color Ut law pre-
tended to appoint the said defendant, Jack
Wharton, to the Office OF Secretary Of State,
and that the SAID Jack Wharton. willing TO
aid in the said unlawful scheme, pretended
to be Secretary Of State, and. as such,
member of said returning board; that said
defendant, Henry G. NarmOth. thereuDon
pretending that he had conferred the office
of Secretary Of State on said Wharton,
combined with said Wharton, and they to-
gether pretend TO have elected as members
of said returning board, the said defend
ants Frank IL. Hatch and Durant DaPOnte,
and that although they and all VI them
were well aware that all said actings and
doings were in all respects fraudulent and
in violation of law, and that none OF the