New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-12-17
The Returning Board.

The Returning Board.
Mr.. Arroyo yesterday morning, imme'
iiately after the board had been called to
order, presented the following protest IN
behalf of Democratic Conservative counsel:
To the Honorable the Board Of Returning Oheers
The undersigned, counsel for the COnser-
vative Democratic party Ut the o5ate OF
Louisian beg to present this their respect
tuI protes. to the PRONUNCIATION OF the vote
Of peli four Fort Jessnp) parish OF SABINE,
as now canvassed and compiled by youc
honorable board, for this: That the state
ment OF votes and tally sheets are Iaise
and the signatures thereto forgerias; that
the original returns for this poll have not |
been laid before the board, but that fraudu,
lent and false RETAINS have been SUBSTITUTED
therefor, except as to the consolidated
return for the parish, which has
been altered; that at poi! four OF SABINE |
parish there were thirty-tour votes cast for +,
Smith as candidate for Representative TO |
the General Assembly, and torty-four votes
for Self, as candidate tor the S anne position,
but that the aforementioned fraudulent
substituted ard altered returns show the
vote foc such Representative to nave ave-, Deen;
at said poll. forty four votes for smith ana
thirty four for Self; that this wrongful! ana
fraudulent tampering with said election
returns affects the result of the vote OF SAID
parish as to Representative to the GENERA,
Assembly aud may wrOngfully deprive sain
Self of his lawful election and give illegally
the election to said Smith.
And appe arers are prepared 10 make due
proct OF these aver,nents.
+. c. ZACHARIE.
WILLIAM K WHITAKER.
CHARLES CAVANAC.
The prs.es: was read and ordered to be
filed. .
President Wells notified counsel that by
a decision of the board made on previous
dav. the Introduction Of further testimony
was inadmissabie. He did not object to the
fling of the protest just read. but he deslr'
ed to call the attention OF counsel to the
action of the board in regard to the further
Introduction of testimony.
President Wells submitted the following
reasons for his eu.iug in regard to De Soto
parish:
The Hon. Oscar Arroyo, one Of the re-
Turning officers OF election. having nieu q
protest against the decision OF the BOARD
refusing to receive the papers said to De
dupljcare original returns OF the cOMmls-
s;oners OF e. stion for the parish OF De Soto,
/ which he presented, and desired the boaru
! tn canvass and compile as the vote CT that
narish. it is but lust to the other members
| of the board to state the grounds ON whlc
| thew declined to receive those papers as
! the legal returns of election from that par
| ish, which they proceed to do.
/ Thi. board Is not court vested with law
| and euuity Jurisdiction as are the courts IN
| this State, but is commission created by
| law for particular purpose. and can NOT
travel out of the limits preset by the
F! law creating 1t.
fha election law "tO canvass and compile
| the statements of votes made ny the c0ci'
m;ssioners of election which shall be for
Warded to it by the supervisor of registra.
ton. Section forty-three provides that 1T
| shall be the duty of the supervisor Ot
registration, within twenty -four hours after
the recent OF all the returns for the differ
| emf polling places, to consolidate sucl
returns, to be certified as correct ny the
clerk of the district cOu:t. and forward tne
consolidated returns with the Originals
received Ly him to the returning officers
! provided for in section two OF tins
act. the said report and returns 70
| be inclosed in an envelope. OF strong
naoer or cloth, securely sealed
and forwarded by mail. He shall forward
COPY Of any statement as to violence oi
disturbance. bribery or corruption, or othel
! otfense specified iu section tweaty-slx OF th''
act. if any there be. together with al !he
memoranda and tally lists used III MAKING
| the count and statement OF YOtes." The
| supervisor of registration is the only cflsel
! authorized bv law to make returns to ihls
hoard. No other officer is authorized to dG
| 40. and it Is only on the returns made by
| them this board is authorized to act. IAeil
I official report to this board 10 the evidence
that the persons who acted as commission
| ecs of election were legally appointed ant
4 o,.i ,r do fbajP return 9S the Law
required. Besides. they are required t
furnish this board with the list OF voters
and tally sheets made by the commissioners
Neither the original nor copies OF any
! these Documents. except the statement o
votes. are required t. bs furnished to th'
clerk. Now. if any other person than tn
supervisor of registration furnishes th''
hoard with any of these documents. they d.
not carry with them that lesa! verify a.
made by the supervisor.
The clerk of court is not returning OF
tice:; his producing supposed ELECTION re
turns carries with it no greater evmence
their -enuiueness than it made by any othe
person. and this board IS not court vestet
with jurisdiction to take evidence and de
eide in regard to the genulneness OF sus'
! Documents. W her the law has provided th'
} evidence on which It acts, rrin'a 5ac'e. T.
vii: the return Of the supervisor OF regis
tra.;on. Section two Of said act provide
tba, 1.-THE returns CT the elections thus mad
and promulgated shall be prima facie evi
dence in all courts Of justice and before al
civil officers until Get aside after 4 contes
according to law So it was not insende'
nv the law tha. the action of this boar
sIo,,li interfere with the authority ant
;nr;sdict;ou Of the cour:s in making the!
! returns. a.,
mn returns OF election from De Soto parish
made by the supervisor of registration Q
that parish. tina only person from whon
they can legally receive them. lhis; no"
ever, does not deprive the persons eiecte'
in that parish, if there be any, from clam
. ing the offices to which they may have bee
elected, The courts are open to them; or
they claim seats in the Senate or aiouse Q
, REPRESENTATIVES, each of those bodies az
the Judges of the election. qualification an,
returns of Its members, and is not bound
after the organization OF their respectlv
bodies. by the decision of this board. 3
. the great stress laid by Mr.. Arroyo IN hi
protest on the supposed deprivation OF u
people of that parish Of the benefits Of In
p election franchise. and the supposed WrOn
, to the people from the failure Of an execu
tive appointee not doing his duty, Is WIFE
. out auy solid foundation, as the courts nav
! annie jurisdiction over the matter as to al
,, the officers. except Senators and Repre-
seutatives, and their respective houses haV
: ample jurisdiction as to thems
Mr.. Arroyo is in error IN eupposlns tha
, this decision Of the board reverses the oec,i
ion made by this board in regard TO u
ttnnW a.