New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-30

in his own possession.
"SEC. 81 Be it further enacted, etc, That
the Governor, the Lieutenant Governor
the Secretary OF State, and John Lynch
and L. 4. Anderson, or q majority of them,
shall be the returning officers for all cleo
tons in the State, a majority of whom shall
constitute quorum and have power t.
make the returns OF all elections. In case
of any vacancy by death, resignation OF
otherwise by either of the board, then the
vacancy shall be filed by the residue Of the
board Of returning officers,
"The returning officers shall after EACH
election, before entering upon their duties,
take and subscribe to the following cath be-
fore Judge Of the Supreme or any dIStfict
court:
/. "A B., do .aolemnIY swear Tor AFFIRM
| that | will faithfully and diligently perform
the duties of q returning officer "a pre-
scribed by law; that 1 will carefully aud
honestly canvass and compile the state
ments of the votes, and make true and
correct return of the election. So help me
God.
"Within two days after the closing Of the
election said returning officers shall meet
Ia New Orleans to canvass aud compile the
statements Of votes made by the supervisors
| of registration, and make returns Of the
election to the Secretary of State. They
shall continue in session until ouch returns
nave DbSu bOII piCbCu' AhC NOFClHUi Hud1i
| at such meeting open, in the presence of
the said returning officers, the statements
| of the supervisors of registration, and the
said returning officers shall, from said
| statements, canvass and compile the re-
| turns of the election in duplicate. One
| copy Of such returns they shall file in the
office OF the Secretary of State, and Of one
| copy they skall make public proclamation
| by printing III the official journal and such
other newspapers as they may deem proper,
| declaring tbs names of all persons and Off
| GERS voted for, the number of votes for
| each person, and the names Of the persons
| who have been duly and lawfully elected.
| The returns of the elections thus made and
| promulgated shall be prima facie evidence
| In all courts of justice and before oil civil
| officers until set aside, after contest ac-
cording to law Of the tight Of any person
named therein 20 hold and exercise the Of
| fec to which BIO shah By such return be do
| elared elected.
"The Governor shall, within shirty days
after, issue commissions to all officers thus
declared elected who are required BY lazy
to be commissioned"
Here tho duties of the supervisor Of reg
stration and those of the returning officers
of the election are pointed out in language
too clear to be misunderstood. Until d re-
turn Of the election has been made in che
manner here directed, the successful candi-
daJes can ROt claim the ofi0es TO which they
have been elected.
Even after the TetBrb OF the election has
been made in legal form, the officers elected
can not enter on the discharge Of the duties
of their Offices until they nave been COLL
missiUned by the Governor.
By the tWentB 6igheh section it is provided
"that the Governor shalt commission aIi
officers elect, except members Of the General
Assembly and the Governor"
Pt can not be said that this section refers
to State oficers alone, for the first section
OF the act provides, in express terms, "that
all elections for State, parish and Judicial
officers, members of the General Assembly,
and for members Of Congress shall be held
on the first Monday in November, and said
elections shall be styled tho general elee-
Sions.
form and subject to the TegulatiO9S dege-
matter prescribed, and no other
commission issued by the Gove2nos be-
fore the returns OF She election nave been
made in legal form is q mere nuti.ty, and
can produce no legal effect whatever But
in this instance ao commission has been
issued
Fbe ace passed b. tho last Legislature,
entitled GAN act to regulate the conduct
and maintain the freedom and purity of
elections" ETC., vas not in force when the
SltGLlGh JOCh pldJ6- dHN Gu6ISLOEb ntsS no
application 90 1t. The idea chat part of
an election may be regulated by one lay,
and another part by law approved subSe
quently, iRs ia my OPINION entirely $nad
INVISIBLE,
Besides, do zoe thinf che Governor has
the power to- approve 81 law passed by q
Legislature which has ceased 60 exist; he
could certainly nOS return such law with
his objections to the Dew Legislature,s and
She approval by the Governor on the twen-
teth OF November. 1879, could not revive
il. The Supreme Court went qUi'@ ia&
enough when ig decided that the Governor
had the eight TO approve a law after she sd
journment 0t an existing Legislature. Bnt
| do not thinks that that high and anlight-
ened tribunal will eser hold that the ap-
provel By the Governor can give life e. a
law which has ceased 80 exist before such
approval.
But # che acs eouHd Dc considered n
force, and applicable 20 this election, the
objections 90 the certificate Of Mr.. Slan-
chaFd would be equally fatal. BY
the forty third section OF that act
il is provided. "'Ebat Immediately upon
the close St the polls on the day OF
election, She commissioners OF The election |
at each poll or voting place ehali proceed 10 !
count the VOtea> as provided il section thI. !
teen of this act, and after they shall have |
so Gounted ths votes ana made 9 iiss OF the |
names OF Glf the persons voted for. and the |
offices for which they were voted foP and the |
humber IL votes received by each, the Buus-
beg OF ballots contained in the boz. and the |
number rejected, and the reasons therefor. |
duplicates of such lists shall be made out. |
signed and sworn 20 by the commissioners |
Of election Of each poll. and 4ueh duplicate !
lists shall be delivered, one to the super
visor oG registration of fhe parish, and one
To- the clerk OF Che district court of the mar /