New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-19

piece Of work thatresulted in seating some
| eight or ten of my Democratic friends.
need scarcely recall the circumstances
to your minds. These gentlemen were seated
| by vote Of this House, no examination
being made in their cases. 1t has become
20 common of late to contest the seats OF
| parties elected and returned to this General
Assembly that it becomes incumbent upon
US to note one fact which more than any
other contributes to keep this evil alive by
| furnishing the food it feeds on. allude to
| the custom of paying mileage and per diem
7 to the defeated candidate. By cause of his
! defeat, he becomes contestant, and with
out cause or reason eontests the seat Of a
| legally elected member. At the beginning
of the last session resolution was adopted
| by this House declaring that no contestant
| should receive mileage and per diem unless
he was successful in obtaining his seat.
But this wise means, for some cause or
I other (probably a political necessity, was
rescinded and the old evil custom still con-
| tinued in force.
/ have said that defeated candidate
becomes, because of his defeat, con-
teetant, and l think that you will agree
| with me that I am justified in saying SO.
You are all aware that no one can be
candidate for any office, any elective office,
without being put to some expense. SO
that the defeated candidate, immediately
after the election, realizing the sums that
he has expended in vain, consoles himself
by instituting suit contesting the seat OF
his successful opponent. Well aware in
his own mind that if impartial justice is
done he has not the shadow Of a chance to
obtain decision in his favor, he is, how
ever, very positive if he can only delay the
case long enough that he will be the re-
cipient Of q considerable sum of money in
the way of mileage and per diem. This
he rokn he
and abides with patience until the next
election will enable him to again enact the
role of contestant at the States expense.
Mr.. Speaker, during the last session of
the Legislature, it was my most ardent wish
and desire that the Committee on Elec-
tons and Qualifications would take my case
under consideration. l wished to bring the
doubted the result. At my request, several
gentlemen, prominent and Of high consid-
Grafton, men of wealth and standing
in the community where they reside, came
to the city to testify before the committee.
Among these we're the supervisor OF regis
tration and three commissioners OF election
These gentlemen remained here during the
entire session of the Legislature, and for
some time after its adjournment. in fact,
until they were well satisfied that the Com
mittee on Elections and Qualifications
would take no immediate steps in the mat
ter. l need scarcely state, Mr. Speaker,
that during their protracted stay in the city,
my witnesses were put to no iDconsiderable
expense, and that they were also subjected
to great personal Inconvenience IN having
to neglect their affairs at home. But the
committee took no action in the premises.
Your honorable body, however, in q resolu-
ton directing the mileage and per diem Of
the contestants to be paid, generously
granted them until the first day Of the pres
ent session to obtain testimony.
A year has passed and what do we see
A committee that newer summoned wit
ness in the premises; that never even ad-
vised my honorable colleague or myself that
they would take the the case under investi-
cation, on the second day Of the session at
tempt to gag report dOwn-our thrOats that
for the mere downright. stupidity that
stamps it, leads me to suppose that, con-
cocted on the spur of the moment, it was
signed without due examination and retlec
ton. That l was duly, truly and legally
elected by the voters Of the parish of st.
Martin to represent them in this legislative
body. admits of no doubt, notwithstanding
all the bribery, trickery and other nefarious
schemes the contestants and their friends
have resorted to to throw doubt on my case.
l am we'll aware, Mr.. Speaker, that accord
ing to our constitution each house Of the
General Assembly is the Judge Of the quail
fcations of Its members. In this connection
l wish to introduce a fact which l doubt
not will be appreciated by your honorable
body.
Already, sir, high tribunal has, in a
measure. pissed upon this case. No, l err
in saying in a measure, for it has passed
upon and decided it, and am proud to say,
sir, that its decision was favorable to the
cause / advocate.
The Senate of Louisiana, through its
Committee on Elections, in the case Of
Merrill and Baker VS.. holland and Gallup,
examined particularly the manner in which
the election had been conducted in the par
ishes of the fourteenth senatorial district,
but they examined far more infinitely how
it had been conducted in the parish Of st.
Martin, where Mr.. Baker. one Of the con-
testing Senators, resided.
The gentleman who did me the honor to
contest my seat was a witness before that
committee, was examined at length, told
all he knew and great deal that he did
not know: the most vOluminOus evidence
was brought forward, the case occupied
weeks, the committee sifted everything;
and what was the result!
The committee reported that the holland
ticket was legally elected in the parish Of
st. Martin, and that the contestants had
most signally failed to make out case;
and, Mr.. Speaker, the Senate of Louisiana,
ton Of its committee. That's the ticket /
ran on-thst's the bark that bore me and
my fortunes safely here. / don't suppose
that any gentleman Of the Election Com
mittee now in the Gem Saloon will tell me
that the Senate committee was not fully
equal to the task imposed upon it. No
bribery there. no coercion, no threats or in
ducements could prevail with such men as
sat and passed upon that case Were the
facts not siftedf To that l answer that
Colonel Lowell and Mr.. r. N. Ogden rep
resented one side, and Colonel Field and
Judge Lynch the other
l believe l am thoroughly understood by
your honorable body. The parish of ST.
Martin, whose legally elected representative
l am, is one of four forming the fourteenth
senatorial district, and the Senate's honor
able committee, as l previously stated, ex-
amined thoroughly and particularly how
the election had been conducted there, the
grounds OF contest being precisely the same
as in the present case that is, that Messrs.
Merrill and Baker contested the seats of
Senators holland and Gallup on precisely
the same grounds that Messrs. Castillo and
Neven contested the seats of Major McFar-
land and myself. The Senate committee
was no party committee. There were Demo-
Gratis upon 1t two of the most eminent
Democrats in the Senate-Messrs. Blackman
and Futch-men who are known to carefully
weigh such matters before deciding upon
them.
Well, sir, this committee after mature de-
liberation decreed by their verdict that
st. Martin had been carried by the holland
ticket, headed by Darran and ending
with La Saliniere. l have never adj
dressed you on this subject before, for
felt satisfied that when the proper time
would come justice would be rendered me,
for in a case so personal, l would have
scorned to appeal to your feelings. your