National Republican. (Washington City (D.C.)) 1872-1888, 1874-12-28

which the canvass shall be made and the
duty of the board in cases of Irregularities
! 1t reads: "That in such canvass and COM
"pilation the returning officers shall OBJ
"serve the following orIer: They shall
"compile first the statement from all plols
"'o voting places at which there shall have
"'been a fair, free, and peaceable registra.
I" ton and election. Whenever from any
"'poll or voting place there shall be received
"'the statement of any supervisor Of regis
co tration or commissioner of election, in
"'form as required by section twenty-six
"'of this act on affidavit of three or more
"'citizens, of any riot, tumult, acts of vio-
"'lence, intimidation, armed disturbance,
"bribery or corrupt influences, which
"fprevented, or tended to prevent, fair,
"' free, and peaceable vote of all qualified
"e,ectors entitled to vote at such poll or
"'voting place, such returning officers
"' shall not canvass, count or compile the
"statement of votes from such poll or
"'voting place until the statements from
call other polls or voting places shall
"'have been canvassed and compiled.
"'The returning officers shall then pro-
"'ceed to investigate the statements of riot,
{" tumult, acts of violence, intimidation,
EARNED disturbance, bribery, or corruptin-
'fiuences at any such poll or voting place,
"'and if, from the evidence of such state
"'ment they shall be convinced that such
riot, tumult, acts of violence, intimida-
"' ton, armed disturbance, bribery or cor
"rupt influences did not materially inter
"'fere with the purity and freedom of the
detection at such poll or voting place, or
"'did not prevent a sufficient number of
"'qualified voters thereat from registering
cor voting 10 materially change the result
"'of the election, then, and not other
"'wise, said returning officers shall can
'''vass and compile the vote of such poll
"'or voting place with those previously
"' canvassed and compiled; but if said re-
turning officers shall not be fully suits
"'f fed thereof it shall be their duty to ex-
famine further testimony in regard
"Fthereto, and to this end they shall have
"'power 10 send for persons and papers.
"'If, after such examination, the said re-
"' turning officer shall be convinced that
60" said riot, tumult, acts ofviolence, bribery
cor corrupt influences did not materially
interfere with the purity and freedom of
" the election at such poll or voting place,
"' or did prevent sufficient number ofthe
"'qualifed electors thereat from register
"'ing and voting to materially change the
result of the election, then the said re-
{" turning officers shall not canvass or COM
"'pile the statement of the votes of such
"'poll or voting place, but shall exclude it
"' from their returns: Pro0ided, That any
"fperson interested in said election by rea-
20 son of being a candidate for such Office
shall be allowed a hearing before said
returning officers upon making applica-
ton within the time allowed for forward
ing of the returns of said election"
1t will appear by reference to these sec
tions Of the law that in any parish in which
questionable return is made, whether on
the score of fraud or intimidation or other
specified cause, that the board must hold
the canvass of said parish in allegiance until
all the other parishes and precincts in
which no alleged irregularities have &C.
CURED, have been canvassed and passed
upon. 1t will appear further, under the
sections referred to, that the board in case
the alleged frauds, intimidations, &C., were
of sufficient force to have materially af-
fected the result of the election, then, in
that event, the board were authorized to
throw out said poll or precinct, and in
structed to refuse to count the same. 1t
will further appear by reference to the
third section of the law that the board in
reaching a satisfactory conclusion, and
especially at the instance of interested can
didates, was empowered to call for testi- |
mony and to examine persons and papers. |
This method, pursued in the instance of |
sixty or a hundred parishes, would make |
the proceedings of the board extended and |
slow in reaching results, especially in case
the contests were multiplied and numerous. |
To add further to the delays necessary |
under the provisions of this act, for the |
first time in the action of the returning |
boards of Louisiana, counsel, Republican |
ard Democratic, representing not only in |
dividual claimants, but party interest, were |
permitted to appear before the board, and |
as a matter of fact two thirds of the par
ishes in the State furnished cases of con-
test and by one or the other party pro- |
tests were entered relative to the recep- |
ton of one or more of the polls in each of |
these parishes. The board permitting |
counsel received protests, the validity of |
which depended in many instances upon |
the testimony of witnesses who were not |
present, and whose convenience had to be |
consulted, acting under the sanctities of |
their oaths ('to make true return Of the |
votes cast )-all the circumstances con-
sidered under which the board exercised
semi judicial function, delay was a neces-
sity, not only in carrying out the purposes
of the law, but for the ends of individual |
justice. For the first time in the operations
of the returning board in Louisiana coun
sci from the several contestants and the |
respective parties have been permitted |
to appear, and this departure from
ordinary methods of canvass was
made not only in response to |
the public opinion of the State, but |
that no injustice might be done to the |
Opposition. Not only have counsel been
heard on either side, protests received, tes-
timony admitted, investigation conceded,
but lengthy briefs and arguments have
been submitted and patiently considered by |
the board, that justice might be secured to
all. In reviewing this question it appears
the State returning board have not only, |
following the precedent established bytheir
,,radacacsoru tho GGFuu;on board Of /
1872, transcribed their powers, but have,
in a spirit of fairness, recognizing the spirit |
rather than the letter of the law, furnished |
the Opposition every ACKNOWLEDGEMENTS
ty to make good their claims, and the time
consumed, and the delay incident to this
liberal r,nlicr 81 far frnrn rnrnir1dininn The