New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-11-18
TIE FIRST RETURNING B0AED---1T COM
NIssIONED MR. MENERY GOVEANOk
AND NIB. SHERIDAN REPRESENTA-
TyVE IN CONGRESS.

formation Of public op'nfon "tH "'scohi
and justice. should prostitute itself TO
excite the passions and obscure the intel
ligence Of the people. Treating OF the
Returning Board, the Piccy'lns says:
The practical operations 0! this coa'd
demonstrate its unconstitutlcnail'S d"
gross inconsistency with republican '!si.'
and reason.
After an argu,nen: 20 show that the
duties Of the board are extra judicial IN
tina. they take FROM the proper political
Jurisdiction OF the Legislature the power
".o determine judicially the validity ana
e.fec. Of votes" it adds:
II would be a hideous anomaly 20 allow
an irresponsible, unjudicIal. temporary oeaS
like that now in session ~ thc Of. LUIS ~
ATTEMPT TO ad Indicate such questions.
The cor,ollary to this proposition may
be found in the avowed purpose OF some
violent people and journals 70 disregard
the terms of law. and upon the judicial
rulings Of the newspapers. and the eHecu-
tive order Of the Contra! Club. 70 install
whoever may be desired by the Demo
cratic party. Would the reader learn
the history o: this Returning Board:
Until 1870 the law OF Louisiana COM
m;..ed the conduct Of elections 70 toe
commissioners. and gave the decisions OF
contested cases to the courts and Leg
isiature respectively. IN case OF violence
a. the polls, the Governor had the power,
mon a sworn statement 0: the facts.
to notify the Judge Of the distr'c; court
within whose jurisdiction the alleged
violence may have been committed. who
shall examine whether the alleged VIC
lence has decided the election ''con'
trary TO the real will Of the people, and
the Governor may. upon such decision Q:
the judge, disregard "all returns made
from such invalida.ed parish, ward. etc.
Such was the law in 1870. A partisan
executive with convenient judge might
have awarded the return % any candidate
whom they desired. This law was viola.
ton Of the principle laid down by the
Picay,ne. but it was small affair." It
related only 20 particulars. 1t could not
have carried an entire State contrary to
the real will Of the people" A: the ses'
sion of 1901 the executive power was
extended still further. We find a Return.
ing Board enacted to be composed OF the
executive incumbents, the Secretary Of
State and two persons appointed by name.
The frs. three members wese ex.oficio.
The two persons appointed were accord
ing 10 the act, perpetual. The three off,
cial members having a majority could I'll!
all future vacancies in this close corpora
ton. They thus held in their fingers the
vote Of any opponents. and might. If s"
disposed, have exercised an undue In
fluence over the future elections Of the
State. This law vas the ayowed basis OF
the celebrated fusion Of 1872. whereby. IN
consideration Of digital power esti-
mated TO be equal to 10000 votes. TIE
Democracy took up Republican willing
TO 90 their bidding.
OF course no Legislature. wa.cLful over
the boundaries Of the constitution. could
have allowed SO fragrant ar invsion OF
one department. by another. At the ses.
sion Of lS71-72 bill passed both houses
recognizing the mode Of election and re-
turns. 1ttook from the executive powers
so subject to abrse, and attempted to
place then, where they could be more
Justly exercised. TWAS very thorough
bill. 4. provided 70, the election OF a
board by tie Senate, chosen from all
parties, whose duty it should he ''to make
the returns Q: al! elections" ltmoreoves
directs this board TO make these returns
directly to the Secretary Of State. whose
duty il was 20 place the names SO returned
UPON the rolls Of the two houses. and the
members SO certified. and 70 others. are
authorized to organize each Of the two
houses. The bill thus passed was in efec:
an attempt to limit executive influence:
then and now greater than is, in our
opinion, consistent with the theory OF a
republican government. Governor War
moth SO far disapproved this bill that he
held it during many months, and. in fact.
made that reak-neck ruin from New York
to prevent its being signed by Pinckback
in the interest Of the people.
When the returns came in after the cleo
ton Of 1872, Governor Warmoth called
together the executive Returning Board.
He removed the Secretary Of State lHer-
ronl and appointed successor. aad the
board proceeded to canvass and repor: the
returns when its action w.s arrested by The
courts. which, taking the side o; the peo'
pie against the executive, enjoiIed and
inhibited its further proceedings. It was
then that the executive signed the peoples
bill, and assuming tina: a vacancy existed
in the Office created by the act, and neves
filled by incumbents, proceeded to appoint
The first Returning Board. Il was conf
posed Of three Democrats, Nessrs. !archi.
bald Mitchell, 3. +. Torman aud S. N.
Thomas. and two Republicans. Ness's.
Hunsaker ard Todd
!: will be seen, therefore. tia: tie Ee'
turning Board now SO much decried by
the Democrats was formed in The Demo.
cratic interest. 1t was accepted. and III.
der its seal the commissions o: Messrs.
McEnery. Penn, Ogden. Graham! and
Lusher, with that Of Mr.. Sheridan. are
now held and maintained before Coz.