New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-05-30
LOUISIANA AFFAIRS.

DECISIONS OF THE STATE SUPREME COURT IN CON-
TESTED ELECTION CAsEs-rHEY DO NOT AFFECT
TILE STATUS OF THE KELLOGG GOVERNMENT.
.. tBT TELEGRAPH TO THE TRIBUsK
NFW-ORLEANs MAY 29.-Northern journals
Of May u.s. received here this morning. contain an Asso
ciated Press dispatch from Washington announcing that
the Supreme Court OF Louisiana has Just decided
two cases of office under the Intrusion act
and that IN both the legality OF the officers holding under
the Kellogg Government sustained. Although this
statement is substantially correct the inference almost
everywhere drawn from it that the Supreme Court has
thus sustained the Kellogg Government is erroneous
The opinion in the of Bonner ag Lynch states fully
the grounds on which the decisions were rendered
John NJ Bonner received majority OF all the votes cast
for Judge OF the Fourth District Court OF HewOreans
at the November election, returned as elected
commissioned by Gov. WarmOth. aud took mis-
seat on the bench Subsequently b. L. Lynch
another candidate, was returned as elected by
the Lynch Board and commissioned by Acting Gov
Pinehback. He then ousted Mr. Bonner by force and
took the bench himself. Mr. Bonner sued Mr.. Lynch
under the Intrusion act and the case was taken to the
Supreme Court This tribunal holds that IL having been
already decided that the Lynch Returning Board was
the legal one and Mr. Lynch returned as elected
nv thai Board and commissioned by the acting Gov
eruor he cannot said have inruded into the office
The Court further says
The oueson however as the election Of officers is
a noicaI nnestion and courts Of Justice have iuris
dictiOn over only far the political department
may have authorized them 70 exercise jurisdiction.
the were authorizing the trial OF contested
election cases before courts, they would De Without
authority TO do 10. No statute comforting upon TIDE
courts power 10 try cases OF contested eleeons or
rifle 10 Office authorizes them TO reverse the action VI
the Returning Board. II were TO assume that pre-
rOgatiye we should have 10 sti urther ana revise
the returns OF the supervisors OF elections examine the
right of voters vote and IN short the courts would
become in regard 20 such cases officers for count
ing compiling and reporting election returns.
Further on the Court says:
The only mower the courts have under the intrusion
into office law decide IL one or neither OF the con
testaps mas legal title 20 the Offce and the commits
son of each Is the evidence OF tDat Ihe Court there
fore decides that the Lynch Board. having returned
Lynch and Acting Gov Pinehoack having commissioned
him t mas no right behind that evidence 70 ascer
tain whefher he received majority on the votes cast or
NOT or even 70 examine the returns 70 see the Board
IN adding aid not make an arlthmeuca nj e.ke by
whic n he was made appear TO have mOoAty, put
did not .-a
II will thus be seen that these late decisions Of the
Court do not affect the status Of the Kellogg Govern
ment They are based former recognition of thu
Lynch Board. That recognition, Senator Carpenter
showed in his report was null and void first because
the Court had no testimony before IT and second be-
cause the Court had no Jurisdiction.
INDICTMENTS FOR EMBEZZLEMENTs IN THE POST
OFFICE.
NEW ORLEANS, May 29.-The Grand Jury OF
the United States Circuit Court have found true
bills Of Indictment against c. w. lowell, the last
Postmaster az New-Oresns; T. f.. Monroe. late As
sstant Postmaster and j. Douglass late cashier In the
Post-oHce, for embezzlng money order funds 70 the
amount OF about $4,000.