New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-12-06
The Returning Board.

the minutes OF the previous DAY were READ
and adopted.
Mr.. Arroyo arose to make a correction.
He said
NV attention has been called TO the report
of the proceedings OF the board III the
REPUBLICAN of this morning. and although
/ am satisfied that the reporter entertains
the kindliqsc feelings toward me, he has
done NE an Injustice Ill his report OF my re
marks in allusion to the Bulletin. have
been 1lade to say something that ulu not
give expression 20.
What meant to say, if I did not, was
that whether or not the Bulletin was the
exponent of the Democratic party, l was
nor, hy praise or condemnation or any thing
il said, to be deferred in my course on the
board. l never meant any disrespact TO
the Bulletin or any other paper, Democratic
or Republican, and l have been misiepre-
sented, am confident, unintcntionally.
The board was about to proceed with the
canvass Of the returns from the parish Of
NatchitOches, when Governor Wells asked
to have the following opinion Of the acting
Attorney General read:
New ORLEANS, December .. 1874.
Hon j. Madison Wells, Chairman Board of Return
ing officers:
Ihaye the honor to acknowledge the re-
cent Of your communication Of yesterday
1.-THE first instant). asking my opinion upon
| the matter of the returns OF an election tor
! Judge and district attorney for the Seventh
! Judicial District, com! Osed OF the parishes
| Of Natchitoches, Sabine, De Soto and Red
| River. You call my attention to the fact
| tha, the Governor in his proclamation for
| the general election did not order an cleo
| tion for these offices.
! There is authority for the cpiuion that
| where the constitution fixes the year for
| election OF judicial officers, say every fourth
| year. no Judge can be voted for except at
that time. Ipresume the Governor, acting
| upon this opinion, omitted advisediy to in
| ciude in his call the election for judge and
district attorney aforesaid.
1t would seem to me, however, that the
board should canvass the votes cast for the
officers SO voted for, with the view of trans
mitting such record to the executive.
No official PRONUNCIATION, however, should
be made. unless upon Judicial authority.
Acting Attorney General.
It was ordered to be flied.
Colonel Lowell handed il portion Of
the testimony sustaining the validity OF the
| returns from the parish of Carroll and de.
! Tending Mr. Benham against the charges Of
| QdVll 'uUClOTtu tAO thCHA GU 40
to defeat Gla and return himself member
of the Senate from the seventeenth senate
rial district. In handing in this testimony
Colonel Low ell called the attention of re-
porters to it, in order that they might have
an opportunity of presenting both sides of
the Carroll case. As the testimony pre-
sented against Mr.. BeDham and his claims
to a sea. in the Senate had been given by
! the newspapers and extensively commented
upon ne thought it but just that the othel
side should be heard.
Ten atfidavits were submitted by Colonel
Lowell. and are Of the following import:
+. A Woolfley certties to the personnel o
the supervisor Of election in Carroll parish
Mrs F. Pidert testities that T. S. BoutoI
called at No. $50 jackson street on the eve
ming Of November 10; that Mr.. Benham wal
a. the time in the front room with Mr.
Riley, of Morehouse; that this was the only
time Mr.. Benham was engaged with any
gentleman writing At her house.
s. Austin testities 10 the vote Of the parish
for Senator.
Nelson Blackwell test;hes to the vote il
the third war,..
Richard Fowler tes:laes to tine vote IL tn
first ware.
Joseph Carter testitieA to the vote in th'
second ward
S. T. Austin, Jr, ,estities that 4. NJ. Bag
ley signed the returns in dark ink.
d. NJ. Benham tes:ifes that all the data
w. A. Blount had of the election in Carol
was the votes cast for Moncure and Spencer
Carrie r Benham testifes that Mr. Rilt y
OF Moreho use, was the only caller Mr.. Ben
ham had at No. l59 jackson street on th'
evening Of November 10, and that no elec
tion returns of Carroll parish had ever beer
in that house.
+. Schultz testiiies that Mr.. Riley, o
Morehouse. and Mr.. Benham. of Carroll
called at the auditors office November !
and left bundle Of paper to be deposited
in the vault, and it was tU1ced over on tn
twentieth.
Colonel Lowell asked if it was the under
standing Of the board that all testimony il
the Carroll case was to be handed in to-da.
lSaturd ayl. and upon Governor Wells an
swering ives" Counselor Chester inter
{ posed an obj elton. saying it might b
neces sary for Mr. Gias counsel to offer re
butting testimony.
Governor Wells expressed the opinion
, that the board would give all parties
! hearing in the case.
The return. from Natchi,oches werethe,
/ 81. r;,1
that in free and fair election, such as tn
law guarantees, the Republicans voul'
poll at | east 1000 majority; but the reign o
terror inaugurated throughout Northerl
Louisiana last spring. and kept up unit
/ after the election has cut down this major
, ity 70 about tw enty six. While This is sui
iicient to prevent defeat of the Republca,
. ticket in that parish. SO far as parish off
GERS and members Of the Legislature ar
J concerned, yet il must be remembered tha
this reduction "f the Republican majorit.
in that parish. by means OF intimidation
seriously acts against Ms. George l.. Smith
the Repu blican candidate for re election {
| Congress from the the fourth congres>iona
district. and Mr. Duhuclet. the RepUb;ca
candidate for State Treasurer.
I The canvass OF The returns of this paris
disclosed many irregularities. making
very appa rent that the board viii have I
give much careful attention and time
enable IL to arrive at q just canvass an
= complement Of the same
In canvas-ing the returns Of poll ont
ward five. Mr.. Cavanac called the atteniio
| nf Ahf. hoard IN 1hs 1nnf that Mr. i EcnaI