New-York tribune., 1873-02-21

JUDGE DURELLS DECISION USURPAIION OF
AUTHORITY-THE STATE GOVERNMENT
LEGAL ONE-RELATIOS OF A STATE TO THE
GENERAL GOvERNMENI-NO INTERFERENCE
WARRANTED.
GENERAL PRESS DISPATCHl
WASHINGTON, Feb. Ex-senator MOrtOn's
minority report Louisiana matters states briefly the
method provided by the Constitution and laws of Louis
ana for elections attending the election OF
November last the contest that arose between the an
fereDt Returning Boards the Of suits in the State
and Federal courts, including Judge DUePs ORDER
which is condemned usurpaton Of authority. The
decisions Of the Supreme Court Of louisiana to which
the case in the lower carried, affirming the
legality Of the Lynch Board and recognizing
the Kellogg Legislature are then discussed
as an authoritative settlement OF the dispute
by the highest tribunal of the State. He reviews the
proceedings in the organization Of the Legislature the
impeachment Of GOV. Wtrmoh, the session Of six sena-
tors and eleven members Of the Lower House, and the
attempted organization Of new Legislature, which he
regards as irregular and without sembanco Of author
ty and resting entirely upon the unauthorized aud un-
Official declarations that It's members were elected The
Legislature after organizing, had exclusive and final
power to determine the returns and qualifications Of its
members and If some had been returned who were not
legally elected their be decided by contest
il the Legislature its;f, and that decision is hua
SCOPE Ot STATE GOVERNMENT.
The theory of system that every state Govern
wrongs and frauds within itself practced under color Of
OF in open violation of its laws, and that the dec
sion Of its own tribunals created by its constitution and
laws such purpose must be received as final When
the Constitution OF state provides that each
house of its Legislature shall be the judge OF its election
and qualification OF It's members fun faith and credit
must le given their action; and should the Govern
action TO inquire whether the members
have been lawfully elected 10 the Legislature,
Their independence would be wholly destroyed and The
validity OF then action made TO appear upon the roll Of
Congress. 50 when the lawson astae have constitutions
ally created "a Returning Board 10 ascertain VINO
elected state officers and members OF the legislature II
Congress go behind the decision Of that Board and
inquire whether tney had the returns before them aud
whether they acting In accordance with the laws
the State the election OF state officers and members OF
The Legislature would be placed absolutely under the
control OF Congress-
No INTERFERENCE WARRANTED
The report deprecate resort 10 the powers vested in
the General Government, except for the grayest
sons. Local sergovernmcnt must be preserved The
States should be left TO work out their relief and
reformation long there is any hope. 1t declares
that there is government in Louisiana, in all outward
aspects legal and normal and there Is nothing otherwise
The conduct of Judge Duro s reviewed and severely
censured. But 1t is claimed that that does not affect
rights OF the Kellogg government which has been re-
turned by the Lynch Returning Board the latter having
been declared legal by the Supreme Court of the state
OF Louisiana. a title which the highest legal tribunal
has declared TO be good Is not impaired by unlawful in
reference even by violence in its support The Kel
logg government II fact, ana It's legality is sustained
by the judicial tribunals OF the state, ana IL is in active
operation In all its departments without actual
sistance anywhere. The McEnery government exists
only paper, and all those claiming Office under it
been returned elected by any person hay
ing authority under the laws OF Louisiana.
Every Ofense complained OF on either side in this
against the constitution and laws OF louisiana and
the question presented broadly is whether the Con-
Of the United states shall interfere 10 correct viola
OF the laws Of the State and to redress wrongs for
which redress provided by the State tribunals In the
report OF the majority OF the Committee is alleged that
the election on Nov, was so grossly fraudulent TO
make void tnat If II had been far Kellogg and the
other candidates on the Republican ticket would have
been elected by large majority without cOncurTng In
the opinion that the election void entertain no
doubt that 1t organized fraud OF the largest
dimensions, and that decided majority OF the people OF
Louisiana sympatlZe with the Kellogg Government ana
earnestly desire 20 see II maintained Should Congress
declare that Louisiana has legal state Government
aud provide by law for new one, II would establish
precedent for Overturnng State Governments and Het
ting up under which the Government OF every
would be at the of Congress controlled
the passion eXigcncy OF parties Depllng this
dltlOn OF things in Louisiana, and earnestly hoping
that the people will take warning and with accord
INSIST upon honest elections and the faithful observance
Of the laws It my deliberate judgment that IL Is better
for bear the Ills they have and seek reformation
relief under their laws and tribunals, than 20
invoke the National Government 10 the assertion Of
power under which State governments would exist here
after only by su1rance.