New-York tribune., 1873-01-29
THE LOUISIANA INVESTIGATION.

TION OF THE TWO OBSERVATION-DISCLOSURES
ADMITTED TO EACH WHO WE'RE NOT IN
FACT ELECTED.
WASHINGTON, Jan. 28.-The Senate Commit
tee Privileges and Elections to-day, resumed the
Louisiana Investigation Mr. Morton asked for list of the
members OF the Legislature OF Louisiana at the time OF
the recent Senatorial election Mr.. Ray, in answer TO
the question put him during his examination, read
sections @ sc and 81 OF Act Of the Louisiana Legisla
ure, known the Election Law OF March l6, 1870. as
showing the powers and duties OF the Returning Board
There being no member OF the De Ferret Board pres
cnt, Mr.. Morton directed that they bo summoned by
telegraph
TESTIMONY OF GEN. NJ MILAN.
In reply TO questions by Mr.. Morton. Gen. Mcmillan
said that he member OF the State Senate, elected
1870. There admitted into the Legislature by
which he elected TO the United States Senate two or
three persons not returned by the DeFerret Board :
thinks parties dd not into the Kellogg Legisla
ture.
Gen. Mcmillan directed to take list Of the leg is
ators returned by the DeFerret Board and tell how
many of them went into the Kellogg Legislature Toe
Fusion there were absent from this list the two mem
bers from Iberyile, two from Everye. and one each
from st. Martin, ST. James and 81, Tdnmany "A
majority of the whole number constituted q quorum
there Sc members Of the Senate OF which - eons
tute quorum. or those returned Dy te Defelret
Board, Is were In the Fusion and four in the Kellogg
Legislature All OF the hodingOver Senator'S went to
the Kellogg Legislature on the day OF It's ORGANIZATION
but of thom entered protests against what they
considered the illegal manner organization,
drew. Four OF them withdrew Immediately after the
organization: two, who had not arrived at that tne
subsequently, withdrew and aiter that, TWO OF those
who originally withdrew returned and acted with the
Kcogg party during the remainder OF the extra sessions
thereafter Withdrew with four others and united
with the Fusion Senate In the regular senate three OF
the new Senators went into the Kellogg Legislature AT
drew. The Kellogg Legislature was ORGANIZED on the
18th Of December in the CITY Council Cham
ber beers Of the Fusion legislature have at some
time acted with the Kellogg body The Fusion Senate
II was the Generals belief that neither House of Repre-
sentatyes has ever had quorum OF legally elected
memhcIs, but could not say now many tue fusioh
THE TWO LEGIsIATUREs.
BY Mr. Tmmbull-The Legislature that met on the 9th
Of December called in extra session by Gov. War
MOTH who was then tho admitted Governor. Those OF
the new members who did not assemble on that day had
been enoined dong by the United States Court
and by the United States Marshal and troops under him.
who stood the doors of the Courthouse lnd forbade
them TO enter There were two companies OF arllery
guard at the State House. Those who assembled on
the 9th Of December were only such as were permitted
TO assemble by United States Marshal acting under
orders OF the United States Court The members who
assembled IN the Fusion Legislature had primo
facie right their seats. HIS answer
10 Mr. Morton meant that as a
the of assembling; the Supreme Court bad not de
tba time that The De Ferret Board was the legal Board
and therefore the Fusion members had at the time they
first assembled prma iaCie Tlght 10 their seats th
DE Ferret Board Was never ei9o%cu me- ro iy hc Te
Dibbe; thinks the Lynch Board injunction never went
to the Supreme Court, and hds never been annuiled
VOTES OF THE STATE PROM 1868 TO 1872.
Gov. Warmoth questioned the witness at some length
concerning tho the state in 1885, 1862 1870 and
1872 respectively the object being to prove that the abo
ton of the disfranchising clause OF State Const
ton would more than for the large increase OF
the opposition In the latter year. The whites took
uch more general interest and part in the election
1872 than In any previous since the reconstruction
The vote for McEnery was, the witness thought less
an Nnfn nf hn
publican united in 1870 this was not the case In
1872 In 1871 there was division In the Republican ranks
which resulted in distinct and fully organized Re-
publican organizations one representing the state and
the other the Federal Administration. Thotwo orSanza-
tions fought each other determnedy than the Re
publican and Democratic parties had eyer done These
we're IN full existence during the canvass and election OF
1872. Believes that the falling OF OF 400 votes IN
the Republican party In 1872 Is IN part accounted Tor Dy
dissension never knew that Kellogg was popular
man among the Republicans OF the state.
BY Mr.. Ray-Thinks the organization or the Legisa-
ture 9th of December not IN accordance with
law the organization differed from the provisions OF
law the Senators holding over nave tne power OF
determnIng who shall be sworn in AZ members an OBJ
lection from of these Senators would prevent the
swearing in of any member elect until quorum should
nave been admitted and should have passed upon the
questions the organization was not III accordance with
the of that the members were not sworn py
the President OF the Senate; they were sworn by Mr..
Pinchback; the law OF 1870 variance with the
State Constitution in the particulars above mentioned
ana other respects knows OF the exclusion OF mem
hers OF the legislature from Mechanics Institute by the
United States Marshal only by the assertions OF mem
bers who we're excluded; there was not q quorum OF
old Senators present the 9th the Senate In the ab
sence of a quorum, can only adjourn ana compel the
attendance OF absentees.
MIR. LYNCH RECALLED.
Mr. Lynch recalled and examined by Mr. Norton
Recognized the addenda the Presidents message
fair abstract OF the evidence before his Board
Cen Mcmillan recalled and examined by Mr. Carpen-
ter-Nether Legislature had any returns from the
ishes only evidence OF membership was tue list OF
members sent by the Secretary OF state
EXAMINATION OF p. b. s. PINCHBACK.
PBs Pinchback was sworn and examined by Mr..
Norton IN connection with Mr. Lynch, 10 ascertain no
many OF the Members OF the Legislature returned
by the Lynch Returning Board, also by the DeFerot
BOARD The list Of members was called, and 1t was
shown that So OF the House returned by
bO boards OF which n did and 20 dd not appear la the
Kellogg Legislature ON the day OF organization On the
secon1 day four more appeared. The whole number in
the House the first day was 65 and ON The second 68
Eight Senators returned by both boards OF whom
ali were present the organization Fourteen OF the
boding-over senators present also. Lynch be-
eved that, according to the best evidence before his
the PERSONS returned by them were elected Pinch
hack testified in answer TO questions by MT Morton that
Messrs Mcmillan Ioda t anu t ss on me
ground that they were participating III anOtner DOdy
be were expelled during the session; does not
cp wnether any Others were expelled after that time
and before the witness elected TO the United States
snuate' Unnsacker and Todd were reinstated during
be cyir. session. Mr. Pinchbaok then corrected his
statement and said that the vote upon e expulsion OF
,hree otbers including Hunsacker and Todd, went of
again, and expelled after Witness was elected
Nv cen McAfillan-was elected President OF the
Senate Dee 1871 after his election as Pfetldent ne
aced a. a member Of the Senate did 40 because Nc
MILAN and then acting with him said that his vote
was absolutely necessary while they ana not consider II
exactly constitutional. Mr.. P1nchback thought ms
term as Senator expired Nov Il he exercised the rune
ons of President the Senate after that time, but TOOK
no other part In Legislation. ., =, ,
MIR Carpenter asked Gen. Mcmillan whether he ad,
yised Mr. Pinchback vote, and the General replied
that he advised Pinchback that he not Lieutenant
GovernOr but erOctO Lieutenant and thlt ne
should sign bills such, and that member Oi the
senate he had IA right 10 vote.
TESTIMONY OF G. j. PARIS.
George ]. Paris sworn and examined by Mr. MORTON
- member OF the Pinchback Legislature; declared
| .,..,oo hv rho Lynch Roard members OF the