The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-31
ARGUMENT
As to the Powers of the Returning Board
Under the Election Laws Of the
State Of Lou siana.

8. The powers Of the returning officers are We
r. strictly defined and limited by the law creatir
them, viz: Act No. SO Of 1878.
q. The second section Of said act, after providir
mr. for the constitution of the board, and for IL
oath to be taken by its members, proceeds to d
clare that "within ten days after the close Of Il
election, said returning officers shall meet
:, New Orleans to canvass and compile the stat,
=. ments of votes made by the Commissioners {
Election and make returns Of the election to til
Secretary OF State. The presiding officer
at such meeting, shall open in the presence Of til
said turning Officers the statements Of tn
Commissioners of Election, and the sal
Returning Officers shall, from said statements
canvass and compile the returns Of election i
Il duplicate; one copy Of such returns they shall fl
in the office Of the Secretary OF State, and Of on
copy they shall make public proclamation de
clarlHg the names Of all persons and officers vote
for, the number of votes for each person, and tn
names OF the persons who have been duly an,
lawfully elected"
If the law had ended here there could be n,
doubt in any mind that the duties Of the return
ing officers were purely ministerial, to canvass
and compile the atements of the commission
ers. and that they would have no right to con
slider anything, whatever, outside of those state
} ments. We shall show, conclusively that under
the law they have, in fact, no right to take
, original coSnizance of anything outside of these
statements.
Let us look therefore, at what these state
ments are.
Section 40 of the act requires tie commission
ers, after the close OF the polls and counting OF
the votes to make duplicate lists of 'spersons
voted for, number OF votes received by each
ETC., signed and sworn to- and to deliver one to
the Supervisor of Registration of the parish and
one to the Clerk OF the District Court of the
parish. -,
Section 26 provides that if "riot. tumult. acts
OF violence, intimidation, bribery or corrupt
influences occur son the dav of election" the
commissioners shall make in duplicate, and
under oath, clear and full statement of all the
facts relating thereto, ETC., which statement
shall also be corroborated under oath by three
respectable citizens" which shall be forwarded
IN duplicate to the Supervisor of Registration of
the parish.
The same section requires the Supervisor of
| Registration himself to make similar state
ment when the acts of violence, intimidation or
bribery above referred to have occurred not on
the day OF election, but during the time of reg
lstratlon or revision OF registration So that ii
will be seen that the commissioners returns of
election, their statement of any circumstances
lmpalrlnS the fairness of the election and the
| Supervisors own statement Of any such circum-
stances lmpalrlpg the fairness of the registration
all pass into the hands Of the Supervisor of Reg
lstration. Section 26 requires the Supervisor to
annex these statements ''to his returns of
election by paste, wax or some adhesive SUBJ
stance that the same may be kept together :"
and section 46 requires him to forward these re-
turns and statements to the Returning Board.
within twenty-four hours after their receipt by
him. Thus il will be seen that the staten ents
referred to in the second and third sections of the
act, are these returns forwarded to the Returning
Board by the Supervisors of Registration and
comprise l, the original returns of the Commits. |
sloners OF Election; 2, the Supervisors own con-
solldatlon Of those returns B. such statements if
ANY,, as may be annexed thereto touching illegal
influences operating on the Registration or
Election.
These are the Statements" which the Re-
turning Board is to canvass and compile" and
from which it is to make its returns.
Now Section 3 provides: THAT in making
such canvass and compilation. the Returning
Officers shall observe the following order: they
shall compile first the statements from all polls
OF voting places al which there shall have been a
fair, free and peaceable registration and cleo
ton" which clearly means those statements
which do not contain any aflidavts or complaints
from Supervisors or Commissioners as provided .
IN Section 26 because the following clause pro-
vdes that whenever from anv poll or VOTING ,
place. there shall be received the statement of ,
any Supervisor or Commissioner in form as re- I
CURED by Section 26 of this Act, x such 7
Officers shall not canvass, count or t
compile the statement from such poll until the 7
statements from all other polls shall have been /
;anvassed and compiled. The Returning Board j
shall then proceed to investigate the statements t
u riot, intimidation, ETC., and if from the ev.
lence OF such statement they shall be convinced d
hat such riot ETC., did not materially interfere
,tc., then, and not otherwise, said Returning t.
officers shall canvass and compile the vote OF e
uch poll with those previously cgnvassed and n
compiled; but if said Returning Officers shall not il
70 fully satisfied thereof it shall be their duty TO 81
Examine further testimony in regard thereto, and a
this end they shall have power to send for per
ons and papers. Il
We challenge the citation Of any other clause al
I the law under which the Returning Board is W
to receive or consider any evidence c,
Inside Of the election returns and accompanying
f1cial statements. IL
Dizziness itself cannot avoid the conclusion fl
nat the powers of the Returning Board are a
mited by the law to the following, viz: 0,
!. To canvass and compile all returns made in fo
ompllance with law, and not accompanied by d.
ny OF the official statements provided for in So
ection twenty-six, which is merely ministerial
uty. tn
2. In cases where the returns are accompanied l.
such Official statements to consider said state OF
tents, and if they do not on their face, present W
state OF facts materially affecting the purity or tn
eedom OF registration or election, then their al
lty becomes again ministerial, and they are to Of
,mpie these returns like the former. re
3. Ii, on the contrary, such statements do, on of
elr face, present such a state of facts, then, co
I'd in that case only, they have power, and 1t is
eir duty to examine testimony in regard there
), and in that case only are they vested with a
dlcial functions. he
Here you have statement of their powers in ~
riot accord with the letter and spirit of the ~. a..
W, far exceeding in extent, the powers ordina- i!
y conferred upon returning officers in other CT
9 purposes which, opposing counsel assert I'll
IRE held in view when the law was passed; that as
to counterfeit the effect of intimidation and dr.
,lence IN influence or preventing citizens from hi
ting. For ask the Hon. Committee this Ia
estion: When, with Section 26 of this law be- ?.
re- them, Commissioners of Election, repre- Pc
nting both parties, have made their returns we
thout any charge of intimidation, violence or
her improper influence on the election: and ao
len the Republican Supervisor of Registration ey
9 failed to make any charge of such influence "
the registrations; and when three respect ~
lie citizens of either party have been found to ~
esent such charges either to the Commission ne
or Supervisor; and when the returns are III
arefore forwarded without being acc jmpanied be
N any such stat sments; does it not afford a ju:
werful presumption that such influences fat
Grated on the registration and election? And no
es 1t not furnish excellent reason for the pro- :,
ion of the law which imperatively commands ~
J Returning Officers, in such cases, to canvass yo
d compile the returns: For, it must be re- bel
mbered that the law does not merely confer sta
10 o,,I(N