Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-01-09
THE RUTLAND HERALD.
MONDAY, JANUARY 6, 1878.
Louisiana Once More.


BY the election laws of Louisiana it is
provided that when it is made to appear,
by competent proof, that the vote of any
legal voter has been refused, or that such
voter has been improperly refused regis
tration. his vote shall be counted at the
final official canvass to the same effect
as if he had actually voted at such cleo
ton. To insure this counting of his
vote, the voter must make affidavit that
he was refused registration, or not al
lowed to vote and, also, specify for
whom he offered to vote. This may all
be very bad law in our opinion. 1t may
tend to corruption in politics. 1t may
change the result of an election after the
close Of the polls and its powers and
privileges may be invoked corruptly for
that purpose. No such law, in our
opinion, should ever have been enacted,
and having become a law should be re-
pealed at the earliest possible moment.
But so far as the present political status
of Louisiana is concerned, our opinion
upon the propriety of such law, or the
opinion of any one else, is of no practical
importance. 1t is the law of Louisiana,
and until it is repealed or pronounced
unconstitutional by some competent au-
thority, it must be obeyed and respected
rs such. 1t is an important element to
be considered in connection with the
Louisiana case. This then is the law.
Again it is claimed, by what has been
called the Warmoth party, that the votes
of several thousand negroes were al
lowed to and counted for the Republican
ticket, headed by William Pitt Kellogg,
for Governor, upon such proof. We do
not know that this is denied. We pre-
sumo it is true. Taking this fact as true,
and with the law of Louisiana staring us
in the face, why does not the Springfield
RcpujAcan admit away the whole case
and controversy, when it says, in speak
ing of the returning board, it was
composed Of Gov Warmoth, Lieut..
Gov. TinchbacE. Acting Secretary of
5 ate Heron, John Lynch and T. c.
Anderson. OF these, Pinchback and
Anderson had been candidates in the
canvass and under the State laws were
disqualified to serve, Their places were
declared vacant. With regard to what
followed there areconflicting statements.
All that is certainly known is, that War
moth removed or undertook to remove
Heron, from his Office Us Secretary of
State, and appointed Col. Wharton his
successor: that Heron denied his au-
thority to do anything of tie kind that
Lynch sided with Heron and withdrew
with him; that the Governor and Whar-
ton proceeded to fill vacancies; that
Heron and Lynch, claiming to be the
legal majority of the board, followed
suit; that each board found a State
JUDGE TO administer the Oaths; that Her
ron obtained an Injunction from state
Court, whereupon Warmoth removed the
magistrate who granted it that War
moth also removed the old Attorney
General of the State and appointed
new one; and that proceedings were
then begun in the United States Court,
with the results known to the country.
Warmoth's action was certainly high
handed; quite possibly it was Illegal as
well, and win I've so pronounced present
ly V the Supreme Court Of the State
This is not "a .'motter by itself as the
ReDutLican goes on to claim, but is an
important and fundamental point in the
controversy There are three important
particulars in every election. First, the
day on which it is held. Second, the
actual, and perhaps under the laws of
louisiana co1lstructjre, casting of votes.
Third. a legal canvass of the votes by q
legal board of canyasscrs, or, as it is
called in Louisiana legal returning
board There is no controversy but that
the election was held on the proper day,
and the Republican admits the legality
of the Kellogg returning board and the
illegality of the Warmoth board. Then
if we take the election law of Louisiana
as we find it, and we must so take it, it
was the right and duty of the legnI board
TO add to the votes regularly returned the
votes improperly rejected, and count
them the same as if they had been ac-
tually policd. This is, as we understand
it, the whole case as claimed by the op-
position, and these being the admitted
facts and known laws, can there be any
question as to which party acted within
the law. This controversy certainly had
one good result in that it has shelved
Warmoth, and in this all good citizens
ought to rejoce. If it shall, also result
in repeating this absurd law, the con-
test, taking both results together, will
not have been utterly in vain.