New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-01-24
THE LOUISIANA INVESTIGA7ION
MoRToN's COMMITTEE MAKE GOOD BEGNNiNG
| GEN. BUTLER's PLAN FOR DECIDING THE

IBY TELEGRAPH TO THE rtiBufhI

| WASHINGTON Jan Ex-senator MOrtOn'S Com
mitee began its investigation into the LOUISIANA
to-day. Before opening the doors and beginning e eA
animation OF witnesses the Committee spent about two
hours in arranging the work before them, ana de'er
ing the extent to which they would carry the inquiry
Mr. Morton who seems TO have given more attention To
the matter than any other member OF the Committee,
spoke nearly hour explaining hs views as 70 tue
scope OF the investigation. The manner IN when the
inquiry started off gives promise OF thorough ana
searching investigation the Committee acting larseyph
the capacity Of judges the examination OF witnesses
being principally conducted by representatives OF the
rival parties The report, which will be made at as
early day as possible will under these circumstances
carry with 1t great weight, ana it Is hoped eqnitaDy
| settle the Louisiana middle.
The question will be considered by the House Judiciary
Committee tomorrow. Gen. Butler who appears to be
the actual Chairman of the Committee. si adheros to
his plan for declaring the election void and sending
Government commission down 10 Louisiana to hold a
new election and run tie State Government until new
officers can be chosen.
THE POINTS TO BE EMBRACED IN THE INQUIRY
THE EXAMINATION OF DA PONTE AND RAY
HOW RETURNS ARE COUNTED AND ELEC-
TION CERTIFICATES ISSUED.
GENERAL PRESS DISPATCH
WAsuJNGroN, Jan. 23.-This morning, at
1OI5 clock the Committee Privileges and Elections
commenced the investigation of the Louisiana political
complications All the members were present After
lengthy preliminary consultation, the doors were opened
and Mr. Morton announced that the Committee had ar
rived at the following conclusion concerning the manner
of conducting the investigation: The inquiry viii
embrace three points: First, as TO the electoral vote
second, whether the election in Louisiana was held on
the day fixed by law whether 10 was held IN accordance
with the laws Of the State whether the Supervisors
were appointed ia each parish; did tho Supervisors
inspect the votes to make returns whether there was
legal election board, and if the returns made to il were
Of haf oarI .pUba
eeved certificates of election from Warmoth and who
from Pinchback third whether there is legal state
Government in Louisiana. The Committee had resolved
to allow gentleman each side 10 appear and make
suggestions and witnesses, but thought 1t
hardly fair listen any argument upon the evidence
Mr. Ray who was elected Senator by the Kellogg Legs
lature and Mr.. Mcmillan, elected by the Warmoth
Legislature, said that they had not consulted their
friends, but would be able to name their respective
representatives MriRay was one of the Grant
electors No present knew whether any OF tho Gree
ley electors were in town. Mr.. Warmoth Mr.. Lynch
and others are the way and are expected to arrive
soon. Mr. DcloDg the present Secretary OF State Is here
TESTIMONY OF DA PONTE AND RAY.
Mr. Da Ponte, one of the Returning Board appointed
on the 2Ob OF November, was sworn and examined: lie
il a Journalist by profession he acted Returning
Officer but very short time when no restrained by
order OF the court; che Wharton Board counted
the votes they had not CDed all the returnswhen the
restraining order issuedi thinks there are 81
parishes in the state 1t is his impression
that the returns from al the polls In one
parish put the package and;so returned to
the Governor tho Supervisors of Election appoint
many polls they think proper in each parish; all the
boxes brought TO given point in the parish 10 be
counted the Supervisors sgn the returns including the
tally lists and condensed statement from each poll;
understands that they make no declaration OF tie re-
suit, but simply transmit the papers
,1,tIf Mo
the candidates and make q note OF the number OF votes
received by each their returns are signed aud sentto
the Supervisor
To Mr.. McbIllan-The Supervisors make certified
statement Of the votes counted ont of each box. and
certifying that A. b. and have received many votes.
MI Ray, one OF the Grant electors, testified that ne
met lis colleagues on the 4th OF December cast the
vote Of the State for President and NicePlesdent the
evidence Of his election was certificate OF Mr. Bovee,
Secretary Of state. Mr. Ray could not remember tho
names OF all the electors, and directed to furnish
list az the next session. The electors met formally, kept
regular journal of their proceedings, and made certih
cate in trpcate Of what done One copy gwen
dent Of the sena'" second was sent 10 him through The
mails and tbo tnira wss delivered to the Judge OF the
D rjet Court The electors met on the day fixed by law
and adjourned from day day for four or five days TIL
their abors were concluded the vote was east on the
first day on which the electors met had no certificate OF
election with him. IT was sent with the returns OF the
electoral vote; don't know of his own knowledge by
whom the votes cast for him were couned il was done
by the Lynch Board OF which Warmoth, Lynch, and
Heron were members till the Court decided that Boyec
was Secretary OF state when he took Horrons place
this decision was made before Dec. A think That the
result of the election for State officials and members OF
the Legislature was returned at the same time.
CRoss-ExAMINArION OF RAY.
Mr. McMillan-Was Mr.. BOvee in actual possession OF
the office and archives OF the secretary vi state on the
Ath OF Decemberl
Mr. Ray--I think not I think they were In possession
OF the police don't know that he had access TO the
election returns when he signed the certificate OF my
election; he did not have actual possession till five or
days after the decision Of the Supreme Court that he
entitled TO the Office according to the laws OF the
State, when the Supreme Court decides case its man.
date is sent to the court below, instructions issue
decree desiring said court to enforce the decision; th
decision in question made on the 81 0l December,
and sent TO the lower court the next day with request
that writ be issued put Boyee in possession OF the
Office the Judge below refused To obey the mandate and
punished for contempt OF court by sentence OF 10
days' Imprisonment and $50 fine, but Gov. WarmOtl
pardOned him before he was committed TO Jail
Mr.. Carpenter-Can the Governor pardon for con-
tempt OF COURT
NJ. Ray-It has been SO decided by our Supreme
Court
Mr.. Carpenter-Then court may punish for con-
tempt, the Governor willing.
Mr.. MeMilan-why did the judge refuse to issue
Mr. Ray-Under our law, the mandate of the Supreme
Court IA not nnal until SIX DAYS aItr us issue, during
which interval the party against whom IL is issued nay
for trial. but both Heron and Boyee waived
this right by written agreement
RAYS certificate Of election was signed by Bovee as
Secretary OF state and bore the seal OF the state The
seal not affixed at the time the certificate issued
for the seal not 10 Bovees pOssessiOn
The electors adjourned from day TO day because the seal
could not be Affixed 10 the certificates.
By Mr. McMillan--IIad any returns been made aud
published by the Bovee Board the day you .met Mr..
RAY A. 1 not prepared 10 answer that question.
10 Mr. MOrtonThe Constitution of Louisiana requires
the OF elections 10 be made to the Secretary of
State.
10 Mr. McMan-I do not recollect whether such