New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-02-18
NEW ORLEANS REPUBLICAN, WEDNESDAY FEBRUARY IL 1s74

n
out Governor elected by fraud and put
one in who, but for that fraud, would hav
l been elected, his conduct may have beer
wholly illegal, but was, in another way
giving representation to the voice of tn,
people.
The Senator from Wisconsin said that m,
present position was inconsistent with ml
action last winter, in not at that time NOV
ing to seat Mr.. Ray on a prima facie case
The resolution passed by the Senate, in
structing the Committee on Privileges ant
Elections to inquire whether there was
legal State government in Louisiana. wa!
passed some days before the credentials il
the Ray case were presented to the Senate
and the investigation had already com
menced. That investigation resulted in q
division of the committee. reported thai
| the Kellogg government was the legal gov
eminent, and my position has been sus
tanned by the President ID by the House
| OF Representatives,: and for more than 8
year the Kellogg government has been the
sole government in Louisiana. It was also
sustained by the Senate by the rejection Of
the bill to set aside the Kellogg govern
ment and provide for new election
The case from Rhode Island, decided by
the Senate in 1924. of Potter vs. Robbins, is
directly in point. There were in that case two
claimants, each holding under an election
from distinct Legislature, the second Leg
lslature denying the legality of the first:
and the claimant elected by the first Legis.
lature was seated on prima tacie case.
The fact that the two Legislatures did not
SIT a: the same time makes no difference, so
long as the legality of the existence of the
one was incompatible with that of the
other.
The position of the Senator tina: the Leg
a II Ii La al cI, a &
shown to be a competent body DESTROYS the
very idea of prima facie case, if that tact
Is to be shown by any evidence beyond the
certificate of the Governor and the facts of
which the Senate can take judicial knowI.
edge. prima facie ease arising upon the
credentials implies a case established upon
sufficient though no: conclusive evidence.
Assuming the certificate Of Pinchback to be
the certificate of the Governor OF the State.
the statement in that certificate that he was
elected by the Legislature of Louisiana,
must be taken 30 be true unit, over.
thrown by an investigation which. ac.
cording TO She usage Of this Senate
from its first existence, could only
be made after P!nchhacf had taken his
scat. The statement made by the com.
mittee in the case Of Potter vs.. Robbins.
that il there were two Legislatures. each
claiming to be the lawful Legislature, the
Senate might inquire which was the lawful
Legislature was undoubtedly correct: but
bear in mind. that statement was made in
the final report OF the committee after Pot
ter had taken bis seat, and no reference to
an inquiry to DC made before Potter had
AIKEN his seat. And | say distinctly in this
case tina. after Pinchback has taken his
sea: it is competent for this Senate to in.
quire whether he was elected by the Legis-
lature OF Louisiana. But in answering that
inquiry. the Senate would undoubtedly be
by the other doctrine laid down
IN the case OF Potter IS. Robbins. that in
which was the Legislature of
Louisiana they would los k to III. decisions
If the courts. and also III the case OF Luther
vs.. Borden tina: they would Took to the |
action OF The presiden: OF the United States
lad in pursuance OF law Of Congress. F!
In answer to the allegation of the Sana. |
or. that there was 10 legally organized |
BOARD os canvassevs in Louisiana. it ia |
enough TO say that the Supreme Court of |
louisiana have decided shat the Lynch |
,oard was the lega! returning board. The
LEGGED inconsistency between that de-
ision and the Witrgens:ein case is intereu.
ial and tine-spun. 1t is enough that the |
curt have decided in this identical case
hat five persons. four of whom made this
auvass upon which tie Kellogg govern.
lent wa. esti blisLed. did constitute the
ga oc'''.' Aao 'oH.U IN hlSei'eS Hleu
u" a'iS"sle. lEe scGGt Slioh 'hao bo'ee
az '.e icfi secretary OF STATE. ana HERON
ny lie iac'" Secretary: ana ihat answer
ile q" ,hofitat.Ve "Sres!tffn OK .he
:" ;" louisiana "toa I'M. point.
'. he,HeI ,!-e supreme ecuf' o. Lou
'i&h' ha' jurisdiction ia sha' case
IL, Il, ~ ~ Gases AZ "HieI' .afs nelu
nav the he,i'e: SoFerhinenG was the gov
70 nsh' o! LOUISIANA ana ,har the L,glsla,
Ire 'htt eiee'ad i!acHcack was me lawful
e9is i',Nrr. was question whlrh tne:' had
il4h' 20 I"c'!c. ana Were required 10 de'
ae: ahu 'he!f "ec!sioE !. As 'ihuihs upon
ic question 9: .!"rlsc1c'lon - upon anv
"eF point. Ane assume may their de-