The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-01
TIE LOUISIANA RETURNING RoARDs,
10 THE EDITOR OF THE HERALD:-

TIE LOUISIANA RETURNING RCGRDs.
10 THE EDITOR OF TIKI HERALD:-
In reading the fragmentary accounts of the pro-
ceedings in louisiana which eliminated In the
overthrow of the state government and the sue
cesNiOn thereto Of the Pnchback regtne prepare
toryto the installation Of the eliogg organiza-
ton. under the decision Of Judge Duren the public
are perplexed and, to some extent, bafled by ref
erentes TO four different sets Of persons claiming
at different times to be the returning officers of the
State. propose to remove this difficulty by show
ing the origin Of these various boards and the au-
thority under which they claimed Official
existence and recognition. The circumstances
which led to the original division
are sufficiently well known; but 1t will
not be inappropriate to recapituiate the facts as
they appear In evidence The three members of
he original Board who were competent to act
we're the Governor, Senator Lynch and r. J. Her
ON, then discharging the duties Of Secretary Of
State In place OF Boyee removed by the Governor.
After these three members had met and organized
itbecanAe necessary to al the two vacancies since
the law required the Board to be composed OF Ave
members, and authorized the remaining members,
In case OF the disqualification OF any OF the num-
Der, to choose substitutes. At this point Colonel
Wharton claimed to act In virtue of commission
from the Governor appointing him to discharge the
euties Of Sfe,otsry OF State, Utce Heron re-
~ ~ vote ~ TIC Governor and
Joi aa 81 IA. Messrs ~ f.s,,,, .-ara
'ae,. oe3n q, fill the yael ~
nat beam Lynch and He,tpa sRtal .aat shse
voted " 8 motion to appoins 1gstreet and
Hawkins belOre leaving the room; but their testi-
mOny l. not c0rrObOrated, and they are contra
dlcted on this point by seven different witnesses.
Nevertheless assuming still to act as Secretary OF
State and pretending that the election of Long
street and Hawkins had really been made, Heron
met at another place with Lynch, Longstreet and
Hawkins, organized separate board without the
presence of the Governor and asked for an njunc-
ton from the Eighth District Court Judge DID,
ble's) restraining Aessrs. Hatch, Wharton
under the ni Intrusion act. Tne inuncsion
was granted, and ON the subsequent trial OF the
fSs Se pDns made 1t on the
that Heron remained de Jact0 Secretary OF State
In spite OF the appointment Of Wharton. He ex.
pressly declined to consider the testimony ON the
point of the election, although he assumed the cleo
ton as the basis of his decision recognizing Long
remained in the possession Of the Governor to
whom the law requires that they shall be transmit
Of Returning ofncers. It may be proper to state
that the Eighth District Court had exclusive jurs-
diction in cases Of Injunction mandamus and con-
tested election, and that Judge Dibble, then pre-
siding In that Court, was candidate at the cleo
ton and was known to have been defeated by
more than ten thousand votes. 1t Is also charged
that on the day on which he gave his decision he
was in caucus with Kellogg and Packard at the
custom House, However this may be, he assumed
to sit in judgment in case In which he was per-
s0nally Interested; to issue an order preventing
the canyassng Of the votes except by his own
friends and, in default OF such canvass, perpetual
ing his own tenure of office by attempting to pre-
vent the installation Of his elected successor.
tempt-what they subsequently efected-a sham
canvass and count. without returns, the Governor
ae s
suit and the original suit were subsequently dis
missed by Judge Gilmore, Judge Dibbe's successor,
Gilmore, having obtained from MI. Blanchard, Su-
pervisor OF Registration for the city Of New Or
cast Tor him at the election, according to the off,
cial count, was commissioned Judge Of the Eighth
res s to the ns
and other Judges ana Clerks Of Court whose cleo
ton was matter OF public notoriety.
United States Court, before Judge Durell, prepara-
tory as he alleges In his blu! to suit which he in
test test . his right tS sas Sse Of SUIT
which he declared it to be preparatory-was de-
scribed by Judge Durel in his decision as a we'll
ksss seS
the returns showed his election, and asked the
Court to restrain the Governor, Wnarton Hatch
and Da POnte from canvasslng them, on the ground
that those persons would nutilate, iasify and de-
stroy them. He also alleged that Lynch ct al. con-
nude other allegations which are irrelevant to the
case as ale presenting it. The Injunction asked
the position was this:-The Board com
posed Of Governor warmoth and Messrs.
the and Snt
restrained from canvassing them and pro:
Claiming the result The Board COMPOSED Of
could make no canvass-frst, because they were
not IN possession Of the returns, and, next: be-
cause the law required that the returns should be
sia sse;s 81 s SSS ss s:e4s sHa e Ss
clined to recognize Lynch ct a.. as such officers
last session. had passed new election law, which
law abolished the Board as then constituted and
provided for new Board Of five members, to be
bill, promulgated 1t, and thus made 1t q law, in
accordance with the constitution Of the state.
Judge Emore then dismissed the pending suit,
and the cross-lnjunctiOn founded upon 1t, for the
sufficient reason that neither Of the litgating
mitigation of an act, not only vacating the offices
but abOlishing them. Concurrently with the pro-
mitigation Of this act the Governor called session
OF the Legislature the body just eectedl. to meet
on the 9th Of December, in order that the Senate
might elect the returning officers, as provided by
the new law. In the mean time, under. the
authority Of an article in the constitution, which
gives the Governor power to I'LL vacancies he ap-
pointed Ave well.known citizens of the state to
act as returning officers until the Senate should
elect. This was known as the De Ferret Board.
The gentlemen composing 1t were not restrained
by any Injunction or other process issued by the
United States Court. They met, organized and
canvassed and compiled the returns to members
OF the Legislature, and their canvass and compila-
ton were duly promulgated. The persons thus
designated as elected to the Legislature or quo
rum of them subsequently met and organized, and
the Senate In discharge OF the duty prescribed by
the new election law, chose board of returning
officers, composed OF Senators Todd Hunsacker and
Thomas. and Messrs. Archibald Mitchell and b. X.
Forman. These gentlemen received the returns
from their predecessors or the De Ferret Board,
compiled the returns for Governor Lieutenant Gov,
ernor and members OF the General Assembly, and
promulgated the result
1t Is remarkable that Judge Durell, in his deci.
sion, while recognizing the validity of the new
election law, totally ignored the existence Of the