The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-15
THE LAW
BY Which the Returning Board is Bound
to be Governed.
Col. Zacharie Makes 1t Clear.

Col. Zacharie Makes 1t Clear.
We herewith give an argument prepared by
Col Zacharie, setting forth reasons why the
Returning Board should not canvass the re-
turns in the manner that has been followed.
The argument has not been submitted, but
he gave the text of it yesterday before the
board, reserving the right of introducing 1t,
that said body might not hereafter say that
objections were not made in the proper form
and at the required time:
l. Because in those parishes the protests
filed are not in conformity with sections Sand
26 of the statutes creating the board, under
which alone the board has power to investi-
gate beyond the returns, and there being no
legal condensation, the returns are legally I'M
contested and as such should be promulgated,
and even if those returns were contested in
legal form, the law imperatively orders that
such returning officers '.shall not canvass,
count or compile the statement Of votes
from such poll or voting place until
the statement from al other polls
| or voting places shall have been canvassed and
compiled" THAT the returning officers shall
| then proceed to investigate the statements Of
riots, tumult, etc., and If from the evidence of
such statements they shall be convinced that
such riots, etc, did not materially interfere
with the freedom and parity, ETC., then, and
not otherwise, said returning officers shall
| canvass and compile the votes of such poll, :"
but that on satisfaction of the truth Of the facts
alleged the board must decide finally, but ''shall
not canvass or compile the state of votes OF
such polls or voting place, but shall exclude
it from the returns.
| 2 As IL matter of undisputed fact, the
board has the cases Of all the parishes
of the State, except DeSoto, already ac-
tualy canvassed and compiled the state
ments of votes, which the law provides it
shall not do, ii there be a proper protest,
before investigations and satisfaction that
the protest is not we'll founded; all the
| p ,rishes having been canvassed and COM
piled as if the protests were disregarded,
according to law, the Board must promulgate
the result the wise provision of the law,
prohibiting the compiling and canvassing in
advance of passing upon the protests, for the
evident reason that party exigencies should
not be allowed to control in deciding them,
which it presumes would be the case if the
vote OF the parish were compiled and can
yassed and the result thus known in advance
of the decision, so that the knowledge how
the parish had gone would influence the de-
termination Of the protest. The process
of deciding on the protests in all
the parishes contested in a lump after they
had all been canvassed and compiled, as the
board has decided to do, is in direct opposi-
ton to the spirit and letter of the law, and
defeats the evident intention of the statute,
by furnishing to the board the knowledge OF
how all the parishes had gone in advance Of
the decision of any one case thus the re-
I ucA fhn ind vn,n11 III
control each case, instead of each pro-
test standing on its own merits, irrespective of
the vote of the other parishes BY the Sec
ond clause Of the oath which each member
| of the board has taken on assuming his seat,
he swore "that will carefully and honestly
canvass and compile the statement Of votes,
and make true and correct return of the
election. So help me God So that the
board is bound by cath to make the return OF
the canvassing and compiling. A clause OF
the same section says the board shall con-
tinue in session until such returns have been
compiled" and after fling one copy Of
the computation with the Secretary of
State, "and OF one copy they shall make
public proclamation by printing in the
official journal and such other newspapers as
they may deem proper" The duty of can
vassing and compiling according to oath has
been performed. The sworn obligation re-
mains to 'tmake true and correct return of the
election and to ''make public proclamation y
thereof according to the requirements OF the
law. All of these duties are required under
the sanctity of an oath, and the obligation to
promulgate is as binding and sacremental as
any other, and the board cannot evade Its re-
sponsibility.
By these returns already canvassed and
compiled by the board and verified by this
committee, the result is indisputable that
John C. Moncure and Antoine Dubuclet have
received as candidates for Treasurer 70, 409
and SO, 4S3 respectively, excluding the parishes
of Carroll and DeSoto, while Messrs. Ellis.
Gibson, Spencer, Levy, Democrats, and
Messrs Nash and Darrall, Republicans, Con.
gressiOnal candidates, 10 Democrats and
Republican candidates for the State Senate,
6S Democrats and 80 Republicans for the
House of Representatives have been elected
and compiled, ETC., and only remains for this
board to perform their sworn duty under the
law, and promulgate the result.
g. There is no warrant in law for this Re-
turning Board to evade the duty of passing
upon the returns for the members OF the
Senate, House Of Representatives. or any
State or parish officers, other than those for
Governor and Lieutenant Governor; nor has
any returning board, or pretended returning
board, IN this State, ever acted In sucn man
ner Even in 1872. with all the irregularities
connected with their proceedings, each board
decided on the returns for members OF the
Legislature, rejecting, excluding or admit
ting the votes of parishes as they thought
proper, and only referring the decision Of
contested cases for Governor or Lieutenant
Governor to the General Assembly, where the
power to decide resides by articles 4S of the
constitution of the State, by which the Gen
eral Assembly is made Returning Board fol-
those officers
The office Of Governor and Lieutenant Gov
ernor not being in question in the present
election, there is no valid excuse for sucl
reference Of any parish in the State by thu
board. The action of this board, therefore
in SO referring contested cases, is unwarrantet
by law, and unprecedented even in tn
shameful and disgraceful proceeding Of tn
Lynch Board.
The law is not complied with, nor has thi
board performed its duty unless it shall have
decided finally to accent or reject the vote O