The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-11-14
THE RETURNING BOARD.
A PROTEST.

called to order yesterday morning, with all the
members and Messrs. Zacharie, Whitaker and
Fusilier, representing the Democratic State
central Committee, present, and the usual
number of the curious in attendance in the
hall
There seems to be some misunderstanding
in reference to the attendance of the citizens
committee ct the proceedings Of the board;
and for the benefit Of everybody in general,
and the candidates in particular, the state
ment is made that the action of the State
Central Committee in appointing representa-
tives does not interfere with or prejudice the
right of candidates, under the law, to have
their counsel present at the canvass of the
votes.
After the approval of the minutes Of the
meeting Of Thursday, several Of number OF
communications received by the board were
read.
They were from number Of the candi-
dates on the Democratic and Conservative
ticket, claiming the right to be represented by
counsel at the canvass Of the returns from
their respective districts, and requesting mott
cation Of the day and hour when such can
vass would be made.
Further reading was dispensed with until
the Democratic committee could be heard
from.
Mr.. Zacharie said that in pursuance Of the
suggestion of the board, the Democratic Con-
co-uok:~o Cfo%n Norfro1 Comm iftao had on.
pointed committee to be present at the pro-
ceedings Of the board. The committee had ap-
pointed five gentlemen, but claimed as
right under the agreement, the admission of
but three at one time.
It was the understanding that the can
didates would acquiesce in the action of
the committee, but they took advantage Of
their right to make application for the privilege
Of being represented, at the count of the
votes, 50 that in case the communication be-
tween the committee and the board should
be interrupted, their rights would not be
passed by without a hearing
He said further that the Committee desired
to have spread on the minutes protest
against the Board proceeding with the count
of the votes. The protest had not been for
mally drawn up, but it was made on the fol-
lowing grounds:
l. That the act is unconstitutional, in that
it confers powers on the board that be long
solely to the judiciary.
2. Admitting the constitutionallty of the
act, its provisions have not been complied
with in the organization of the board, on
which the Democratic party is not repre-
sented The law provides that ali parties
shall be represented.
Mr.. Wells said that SO far as the question
Of the constitutionality OF the act was con-
cerned, it was one for the courts to decide.
Mr.. Zacharie replied, admitting the fact,
but said that the committee desired to be
placed on record as having objected, SO that,
in case Of proceedings hereafter, acquiescerce
in the organization and constitutionality Of
the Board could not be urged against those
appearing in such proceedings.
The Board decided to allow time until to-
morrow morning for the protest to be formally
drawn up and presented for action.
Gen. Anderson said that on the question
Of organization it should be remembered that
at the time the board was composed, all
parties at that time in the field were repre-
sented. He did not wish canvass to be
made that the people would not consider fair,
and he was willing to resign if his resignation
could be made use Of to satisfy the people.
Messrs. Wells and Cassanave both expressed
themselves to the same end, and Mr. Wells
suggested that the matter Of resigning was
ono to be considered at the proper time, and
suggested that the Board proceed.
All communications from candidates were
received and filed.
A motion to admit a committee of the Re-
publican Executive Committee to the proceed
ings Of the board, was adopted.
The returns were sent for, but on their arri-
val Gen. Anderson stated, on the information
of Mr.. Zacharie, that the Democratic Com
mittee was not ready to proceed with the
count and moved that time until tomorrow
morning be granted. The motion prevailed.
There was some little discussion as to the
propriety of opening the returns in proper
order, so that the canvass could begin imme-
diately when the Board next assembled
It was decided not to disturb the packages
until everything was ready for the count
Mr. Zacharis suggested that the board in
the canvass should proceed by parishes, TAX
ing them up alphabetically.
Mr.. Wells said that there was considerable
excitement over the vote in this parish, and a
very evident desire that the candidates claim
ing to be elected should be installed as early
as possible.
MI. Zacharie submitted resolution adopted
by the Democratic. Conservative candidates
agreeing not to qualify until the whole vote OF
the State had been canvassed.
After some discussion the board decided to
commence on the parish Of Orleans.
On motion Of Gen. Anderson, an adjourn
ment until 1890 o'clock this morning was