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

Indeed, the Heron board must finish the
canvass Of the votes, or a new Legislature
can not be legally organized so as to create
boafd OF canvassers in accordance with
sections two and forty-four of the law of
the twentieth of November, 1872:
SEC. 2. Be it further enacted, etc, That
| hYe persons, to be elected by the Senate
from all political parties shall be the re-
turning officers Tor all elections in the State,
a majority of whom shall constitute a 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 he
| 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 affirm}
| that will faithfully and diligently perform
| the duties OF returning officer as pre-
| scribed by law; that | 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 cOmmls-
siOners OF election, and make returns of the
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
oI 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 CODY of such
returns they shall file in the Office of the Sec
Rotary OF State, and of one copy they shall
11,,I- vN,1hl
the official journal and such other
newspapers as they may deem proper, de-
clarlDg 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. Al 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 be the duty of the said Clerk
aud 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 forego-
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-f0ur of the constitution of the State
L 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
lt the State, or IN any degree to interfere
with the voice of the people expressed
through the ballot box. What it does is
% aid IL making known the voice of the
people in accordance with sections three
and twcnty-three of the act of Congress
md with section fifteen of the amendment
hereto, and in its action is only clearly
lecded adjunct of the legal returning board. |
iany propositions were discussed during
he argument which it is not necessary for
ne to now pass uDOn. 1t is enough that I
ind the statute constitutional, that the
curt has Jurisdiction, and that the board !
f returning officers. composed of H. G.. /
Earmoth and Mesrrs Hawkins, Lynch.
4ongstrett aud Heron, are the legal board, !
nd as such entitled to the protection of
his court.
AS to the question Of the ineIigibility of
he complainant in the bill to the office of
Governor, this question can not arise under :
he bill, and could only come before this
curt in direct action at law to test the title
o the office. 1t is not. therefore, neces-
airy or proper for me 20 decide it now;
lft were it otherwise, would say
hat the reason OF the thing seems to
avor his eligibility, the object of the pro- |
ision Of the constitution being to prevent
man serving two masters and having {
divided allegiance. And the fact
hat contempOraneously with the adoption l
f the constitution, which first contained {
MS provision, the then territorial Governor
vas by the then constitutional convention
lade Governor of the State professionally,
nd at the ensuing election, made by the
eople. the first Governor of the State,
rould seem to Indicate that the meaning of
he inhibition was understood to be as |
bove stated.
1t only remains for me now to make the 4
blowing orders:
That the said defendant Henry c. War I
10th, during the tendency of this cause, a
e, and he hereby is, until the further or !
er of this court eDjoined inhibited and
from in any manner, either di- r
ectIy or indirectly, considering or pretend
lg TO consider or canvass any statement,
ertlticate or return Of any supervisor or
Sslstant supervisor of registration, or any
fhcer having any duties to perform about
r concerning an election held on the fourth
ay of November, A d, 1872, in the State of
oulSIaDa, or relating to any votes or bal
It's cast ato sad election, except in the
resence of John Lynch, Jacob Hawkins.
lmcs LOngsreet and George E. Bovee, g.
board of returning officers for 81
I'D election; and that he do fur
Ter desist and refrain from submitting
allowing to be submitted, or from aiding q
assisting in the submission to the defend
its, Frank Hatch Jack Wharton. Durant C
aPDnte, or amy other person or persons {
hatsoeveT, other than the said Hawkins, d.
ayee, Lynch and Longstrect, any paper "
'cunent, AFFIDAVIT, statement OF votes, re Il
IN OF officers OF election, or other proof IN
any manner relating TO said election, and u
ON allowing any other person or persons
hats0cvcr other than those in this order
.cepted, whether pretending to act as re-
rnln9 officers, or in any other capacity, to
spect, consider. have access to, canvass
tamper with any paper document, aft
wit statement OF votes, returns or writ
4 proof relating to .aid election or TO the
lturS5 and correctness thereof that NAV
We heretofore or may hereafter come into
; hands or possession, and which. !
law. should properly be laid be-
re. submitted to or considered by :
I'll returning officers Of election in