New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-11-24
tion now. and possibly forever, and ends
republicanism in Louisiana.
All Of which il respectfully submitted,
f. G. ZACHARIE.
FERGUS FUSELIER,
WILLIAM Il. WHITAKER.

| FERGUS FUSELlER.
WILLIAM Il. WHITAKER.
OF Counsel.
In answer to which Republican counsel
submitted the following:
Bret Of the counsel of the Republican
| party to the Returning Board Stain. the
tine reasons and argument tor rejecting
the returns FROM the city.
The disregard Of the fcrmalties required
by law in conducting and making return Ot
! the election by the commissioners and as
| si,tanf supervisors OF election in the city of
! New Orleans, is SO general, that 3 strict com.
pliance. if there be any, is the exception,
| and the non compliance tho general rule.
There are lis polling places in the city.
The lists of ''1hc names Of the persons
voting" as required to be kept under section
| thirteen OF the clecson law of 1873, WAS only
returned to the Returning Board from four
polling places. Under section thirteen OF
! the election law Of 1873 this list is required
to be kept. and to no ''signed and sworn to
! a. correct by the commissioners immediate.
ly on closing She polls. and before leaving
! ;he place, and before opening the box"
! The lists returned were not sworn to. nor do
! they certify to :he above requisites. We
| regard these lists as. essential requisites
| to "a lega! election. 1t is demanded by the
! law which says. eection thirteen: THAT it
election q: eaci, poll or voting place to keen
| "a li,t OF the names Of tine persons voting"
! etc, and sec'ion fourteen re0uress that
| IN Il! cases the commissioners of election
| shall appoint one OF their number to keep
u record OF the votes during the election,
! an! whenever q vote il received the com.
| missioner OF election keeping the record
shall call the name Of the voter aloud. and
| mark the letter opposite the name on the
record" No other person than a cominis-
sioner can legally keep this record. This
! list of voters lies at the very foundation OF
a legal election. 1t is by it. the returning
! boa;d are to know how many votes were
| cast at each poll. II is to be sworn to as
correct Immediately on closing the polls
| and before opening the box; and to iacili.
| tate this. if no Judge or justice Of the peace
! il present. the oath may b. administered
by any voter. Section l3. This is to avoid
baiiot-box stuffng, and to prevent greater
number OF Votes being counted from the
! box than WAS east. 1t is to avoid fraud.
and Is essential.
But the Democratic counsel in attendance
! on the board say there ia no law requiring
this list OF voters to DO returned to the Re-
turning Board. We suhmi. that under sec.
tions thirteen and forty. three of the election
law OF 1873. and particularly the last clause.
ot section forty-threc, requires these lists to
be returned as part o; the 'lnemoranda aud
tally lists used in making the count and
statement OF votes." by the supervisors; hut
but it there be no express provision ut the
election law OF 1873 requiring these lists Of
voters to he returned to the Returning
Board, ya: it is in the very nature Of things
they should be so returned. to enable the
board to make proper returns OF the cleo.
ton.
If the position taken bv the Democratic
counsel in their brief. published in the Pc.
aynnc OF the nineteenth instant. he correct,
that the election law of 1870 is still ia force,
except in so far as il does not conflict with
the act of 1913. this question is settled, for
the act Of 1870. sections eleven and tifty.
three. expressly proviie.-the former. that
the list OF voters is TO be delivered by the
commissioners TO tn. supervisor, and the
latter, tnat the supervisor shall nclose Zone
copy OF the list of persons voting at each
poll' to the Returning Board.
The election law Of 1873. section forty.
three, requires THAT Immediately upon the |
closing OF the polls on the day Of election. J
tie co,1mis iOnevc OF election at each poll |
OK voting place shall proceed to coun. the |
votes. as provided in section thirteen of this !
act. and after they shalt have so counted !
the votes, and made a list of all the persons |
voted for: AID tie offices for which they |
were voted fer. and the number of votes |
received b. each. the number Of ballots !!
couI ted in the box, and the number rejected !
aff the reasons therefor. Duplicates OF |
such Asts fhau be made out. s,gneG and !
SWORD TO by the commissioners q; election |
OF eacn poll, ana sucn Grpllcate lists shat. |;
be delivered. one to the supervisor Of regis
tratlOn OF tho parish and ono 70 the Secre.
tary OF State, by one or all such commits.
erS III person, within twenty.fOur hours
after the closing OF the polls" Section
thirteen provides that ''the votes ehali be
counted by the commissioners at each vct.
ing place immediately after closing the |
election, without moving the boxes from
the place where the votes we're received,
ana the count must be done in the presence
OF any bystanders or citizens who NAV be !
present" There is no evidence in any of I
the city returns that these last fOrmalities
were observed. The above are the formal.
ties required by law to bs observed by the
of election. How Tar have
they been complied withs
FiIst-For three polls the Ills. OF names |
OF persons voted for, and the Offices for !
which they were voted for. and the number
OF votes received by each" ETC., were not
signed oy the commissioners and the list of
votes is not produced. This certainly is a
fatal defect. There is no evidence the com.
missloners not slgnln: the statement of
votes, thai the election at these polls was
legally or fairly conducted, and the failure
to sign and swear TO the statement Of votes |
is strong presumption of fraud.
SecOnd-The list of names of persons !
voted for. etc, for five polls were swern |
70 more than tWeEty-four hours after the !
election and after the law required them to !
be delivered to the supervisors of election
MS IL an important formalitv TO avoid
alse or manipulated returns. They should !
nave oeen sworn to at tho time the votes !
we're counted.
Third-1he Ellis: OF persons voted for"
tc., Tor thirty-tive polls purport TO have ,
'een sworn to before assistant supervisors !
II election. or United States supervisors, or
,oters, none of whom are by anv law au- !
horized to administer Oaths in such cases
nose returns then stand before the Board
Il Returning Ohcers tue same Is not being !
worn to at all.
This is certainly fatal defeat. as the Oh .
oct OF the law, which was to secure fair .
nd impartial count under the sanction Of :
n oath, which would subject the commits. ! .
toner's to the penalties of perjury if untrue. | !
; entirely defeated by the failure to comply \
nth this requisite. How can che board say
lat thle was accidental when the law is so ! 7
lear ana the failure to comply with it 50 I
Third-For five polls there was no ''list Of
ne names OF persons voted for ETC., pro- | &
uced. nothing produced but tally sheets 7
OF signed or sworn TO.
Such evidence. when the law is 30 ex- 7
hcit as 70 the forms required, ia entirely ! 4
.aI IhlssSDie or insufficient on which to u
'ake return: no argument on this point
IN 'nake tbe position any stronger; If the
tfe :aily sheet is all that is returned to D.
as ooara. without showing the other in
'h"t,a papers were lost, certainly this q,
oar9 can not deem 1t suiicien, evidence Of =
ie election on which to base a return. 81
fonrth-ErOm thirteen noIls the Iise Of