The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-23
TIE LOUISIANA INVESTIGATION.
The Political Emeute in New Orleans-The
Senatorial Inquiry Commenced bye the
Congressional Committee on Privi-
leges and Elections Evidence Of
Messrs Duponte and Kay.

H&0ssAS' 0uPo0uo 0dy'
WASHINGTON, Jan. %, 1878.
This morning, at quarter to eleven O'Clock, the
Committee ON Privileges and Elections commenceu
". investigation of the Louisiana political compI-
cations An the members were present. After
lengthy preliminary consultation the doors were
opened, and Mr.. Morton announced that the COM
ittee had arrived at the following conclusion con-
corning the manner OF conducting the invest1ga-
ton. The inquiry viii embrace three points,
Fyrst--As TO the electoral vote.
Second--Whether the election in Louisiana was
held on the day fixed by law; whether 1t was held
in accordance with the laws OF the state; whether
the supervisors were appointed in each parish dld
whether there was legal election board, and ii
the returns made to it were legal; what were the
findings of that board who received certificates OF
election from Warmoth and who rom Pinchback.
Thfrd-Whether there Is legal State govern
ment in Louisiana.
The committee had resolved to allow one gentle
man on each side to appear and make suggestions
and cross-examne Witnesses but thought it hardly
fair to listen to any argument upon the evidence.
Messrs. Ray and Mcmillan said that they had not
consulted their friends, but would be able name
their respective representatives tomorrow. Mr..
Ray was one of the Grant electors. No one present
knew whether any Of the Greeley electors were in
town. Mr.. Warmoth, Mr.. Lynch and others are on
the way, and are expected to arrive soon. Mr..
De Long, the present Secretary OF State, is here.
MR.. DUPoNTE's TESTIMONY.
Mr. Duponte, one OF the Returning Board ap-
pointed on the Goth of November was sworn and
examined-He is Journalist by profession; he
acted as returning officer but very short time
when he was restrained by order OF the Court; the
| Wharton boards never counted the votes; they
| had not opened all the returns when the restrain
| ing order was issued thinks there flty-seven
parishes in the State it is his impression that the
returns from all the polls in one parish are put into
| a on IN thnn tynrtno
| the Supervisors OF Election appoint as many polls
as they think proper in each parish !;
parish to be counted the Supervisors sign the
| returns, including the tally lists and condensed
| statement from each poll understands that they
make no declaration of the result, but simply
| transmit the papers,
To Mr.. Turnbull-The Commissioners make list
| OF the candidates and make note OF the number
of votes recorded by each. Their returns are
| signed and sent to the Supervisor.
TO Mr.. McMillen-Tne Supervisors make certl
box, and certifying that A. b. and G. have received
| TESTIMONY OF MR.. RAY.
Mr. Ray, one OF the Grant electors, testified that
he met his colleagues on the 14th of December to
Presidents; the evidence of his election was a GER
tifcate OF Mr.. Bovee, Secretary of State; Mr.. Ray
coulo not remember the names of all the electors,
and was directed to furnish list at the next
sion; the electors met formally, kept a regular
journal of their proceedings and made certificate
in triplicate OF what done; one copy was given
to member OF the college, to be delivered to the
President OF the Senate; second was sent to him
through the mails, and the third was deliv-
the electors met on the day fixed by
law and adjourned from day to day for
Tor or five days till their labors were concluded.
The vote was cast on the first day on which the
electors met; had no certificate OF election with
him. 1t was sent with the returns of the electoral
vote; don't know OF his own knowledge 10y whom
the votes cast for him were counted; it was done
by the Lynch Board, of which Warmoth. Lynch and
Heron were members till the Court decided that
BOvce was Secretary OF state when he took Her.
ron's place: This decision was made before De-
State officials and members OF the Legislature was
returned at the same time.
Mr.. McMllan-Was Mr.. Bovee in actual possession
of the Office and archives OF the Secretary OF State
on the 4th December?
n Mr.. Ray-l think not think they were in pos
access to the election returns when he signed the
certificate of his (witnesso election; he did not
have actual possession till five SIX days after the
DECISION OF THE SUPREME COURT
that he was entitled to the ofice; according to
the laws of the State when the Supreme Court de-
cides case its mandate is sent TO the Court be-
low, with instructions to issue decree desiring
said Court to enforce the decision; the decision In
question was maze on the I'd OF December, and
sent to the lower court the next day, with re-
quest that writ be issued to put Bovee in posses
sion OF the ONCE; the Judge below refused to obey
the mandate, ana was punished Tor contempt of
Court by sentence OF ten days Imprisonment
and $50 fine, but Governor Warmoth pardoned him
before he was committed to Jail
Mr. Carpenter-Can the Governor pardon for
contempt OF Court?
MI. hAy-lt mas pccu 80 ueClueu Dy our supreme
Court.
Mr.. Carpenter-Then Court may punish for
contempt, the Governor willing.
Mr.. McMillan-Why did the Judge refuse to issue
the WRIT
Mr.. Ray-Under our law the mandate of the Su-
preme Court is not final until six days after Its
issue, during which interval the party against
whom 1t is issued may move for new trial, but
bath Heron and Bovee waved this right by writ
ten agreement.
Rays certificate OF election was signed by Bovee
as Secretary OF State, and bore the seal OF the
State The seal was not affixed at the time the
certificate was issued for the reason the seal was
not in Bovee's possession. The electors adjourned
from day to day because the seal could not be
affixed to the certificates.
BY Mr. McMillan-Ilad any returns been made
and published by the Bovee Board on the day you
met Mr.. Ray A. am not prepared to answer
that question.
To Mr.. Morton-The constitution OF Louisiana re-
quires the returns OF elections to be made to the
Secretary of State.
To Mr.. McMlllan-I do not recollect whether such
returns had been made on the day the electors
met
To Mr.. Trumbull--If the returns had been sent to
the Office OF the Secretary of State BOvee could
not have received them; could not say whether
the returns were sent TO the office or to Bovee.
The examination was continued at some length
but no new points of special interest were brought
out.
The committee then adjourned till eleven A. NJ.
tomorrow