New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-12-11
THE RETURNING BOsRD-ITS DUTIES
lHn POWERS

power to form an opinion on the validlt
of any returns based on testimony d!iuna
or outside of the affidavits. To this MI
4 Ray makes the conclusive reply publishe'
4 yesterdays~This Retaining Board IS Al
= inquest, committee of inquiry, and ha
tie same power to. send for persons AM
papers essentialto Sorlninga just report
as any s;inilaf1 BODY. For it is to -be re
membered that this is By no means ma
i or appellate tribunal. Like the bodie
mentioned, the duty Of the Returning
Board is merely to make finding as tn
initial step toward final decision oy IN
Legislature upon the returns and qnailh
cations of its own members, and to the end
also. that State officers chosen may receive
their proper official commissions. Hence
theilist Of members furnished to the Clerl
Of the House and Secretary of the Senate
is Int proformal, and ell contests and ex.
ceptions will proceed as if it had not been
acted on by the board. No Representa-
tive can be deprived of any right to sea.
or contest by any preliminary inquiry
We make this statement to remind those
who seem disposed to regard the report OF
the Returning Board as conclusive Of the
! rights of members or officers, that it is
but an initial and preliminary proceeding 6,
intended to save the time OF the Legisla-
ture, and insure the attendance of quo
run on prima facie credentials. We APP
prehend, however, that the White League
attorneys have difficult proposition
to encounter. The Bulletin has contended
that the report Of the board should
be made as the returns were caDvassed
and decided on. It is upon this theory
that the credentials of the City Council
were examined and their commissions
awarded. The Picayune, however, seems
to fear that the Returning Board may have
some difficulty in adjudicating the COM
peting claims Of some candidates; and in
deciding the fo,mal legality of certain par
ishes, that it may report those parishes for
q more exact examination by the Legisla-
ture than can possibly be accorded by the
board. This, we may presume, will in
volve no injustice, since, as We have ex-
planned, the board can make no final de-
cisicn upon the rights of any member. It
will, by an early adjournment, relieve
itself from the White League charge Of
conspiring to manipulate the returns, and
having assured formal quorum will have
done all that the law contemplates. But
the dilemma Of the Picaytne is to find
what is to prevent the board from ad-
journing re- i,fecta, and by possibly
leaving a Republican quorum to organize
the Legislature. Without knowing that
such will be the result, we can not see
how the board can be required to ignore
its duties under the law. There has
been White League member put on the
board, White League counsel have been
admitted to superintend the proceedings
of the board, but it would certainly be a |
very steep attitude to insist that the |
board shall abdicate its own sworn sense |
of duty, and sign in blank whatever the
White League attorneys may prescribe |
We believe these attorneys by no means
the law of the land, but con-
slider that New Orleans is still governed |
by the customs Of Paris; but if they re-
spected the statutes they would find that
the returning officers shall have power
ito make the return Of all elections.
They are required "to canvass and COM
pile the statements Of voters, and make
.eturns to the Secretary of State" They
hall continue in session until the whole
,ote shall have been compiled"
OF course something depends upon the
meaning of the term Compile" We need
lot 60 into the pbilology Of this term,
which would DO found to have its origin
n O very dishonest Latin word, but will
i've its American understanding. 1t is
. collect arrange, and consolidate a
tatement from materials, miscel laneous
r homogeneous. but relating to the sub
.ct Of compilation. This, Of course, i'm
lies the discarding or emission Of such
Material as may be inapplica BILE to the
accinct and authentic publication Of all
1e verified facts. A compilation of the
[oly Scriptures could not include the
pcchrypha. So the Returning Board
Jay canvass, or scrutinize and compile,
prepare schedule of the officers and S
embers elected, and may return
~ material question in their opin-
n not verified. for the examina-
On and decision Of the ultimate {
shorty On elections and returns-the
legislature. II, however, We turn to prac- L
,e and precedent, we shall find in the &C 9
IN Of a Returning Board of which Messrs t
r. Forman and Archibald Mitchell, at 5
esent we believe acting with the White Il
authority and example for with p
'lding imperfect and unsatisfactory re- p
rms. This board reports: Il
There being no returns from the parishes q
st. Tamlnany and Terrebsnne, and only Il
'ng,e and informal returns from, The par.
cs Of IberuiUc and ST. James. IRE do not I"
'c tie responsibility to declare the result of n
election IN, the same. but postpone action | el
drait the determination Of the General
'semLky. "f Vi
We presume the Returning Board will !"
We authority to construe their duties Cd
themselves. and to report such cleo y
rs as have been verified, and "await ai
} determination Of the General Assem- y