The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-02-06
Addressed to the Congressional Committee
on Louisiana Affairs.

We beg to call the attention of the Com.
mittee to the following legislation, which
carries upon its face the patent purpose OF
accomplishing the above object:
l. The Registration and Election Laus-It is
not necessary to elaborate the infamous fea-
lures of these laws; or to show how complete.
ly they place the whole machinery of regis
tration and election under the control of par
tisan officials, who, by corrupt exercise Of the
extraordinary powers conferred upon them,
may shape or pervert the results to suit thei I
WILL headherents|oft the Kellogg Government
are estopped from denying this, because they
base their title to Office upon the very perver-
sion and abuse Of these powers, which they
charge upon Gov. Wormoth in the election OF
1872; and the laws. though changed in some
unimportant particulars, remain substantially
the same.
2. The Returning Board" Lnw.-If the
construction placed upon this law by the Re-
publican counsel be correct, the powers CEN
ferred on this board are alone sufficient to
perpetuate the domination of the party for
ever For the Republican counsel contend that
the Returning Board has the power, Of its own
motion, to entertain protests from any unofi-
cial source against the fairness of the election
or registration at any poll to receive ear parte
ton without appeal. and to throw out the vote
of any poll at its pleasure. We have contend
ed that the law is not quite so bad as this; that
the power Of the board to investigate charges
M to the conduct of the registration and cleo
ton is confined to cases where the charges
rest upon the official statements Of the super
visors of registration or commissioners of cleo
ton, based on the af1idavits Of three respecta-
BILE citizens and accompanying the returns
tn emselves.
But when it is considered how easily such
official statements may be made and for
warded by partisan supervisors or commits
sioners, it will be seen that the power is
dangerous enough. In the election Of 1874
these official statements were omitted from
the programmes; and that fact may, and
should, defeat this step in the conspiracy;
because we think this committee can hardly
avoid holding that, in their absence, the Re-
turning Board WAS absolutely without power
to throw out polls on unofficial charges of in
timidation or other improper influences.
This, however, Will be but temporary check,
and, the law remaining the same, rely upon
it, at the next election official statements ac-
companying returns from Democratic polls
will be as plentiful as blackbe~ ries."
3. The "Eiytdh District Court Of Ne,o Or
leans" (Act No. 2, 1S70) Article % OF the
Constitution provides that "the judicial
power shall be vested in a Supreme Court, in
District Courts, in Parish Courts, and in JUS
tees of the Peace" Article SO provides that
the Judges of the District Courts "shall be
elected, for each district, by plurality Of the
qualified electors thereof.
It was necessary in the conspiracy, how
ever, to have in the District of New Orleans a
safe court to dispose Of all political suits.
Accordingly, in addition to the seven District
Courts then existing in this city, and ample
in number to dispose of all business, this act
was passed, establishing an Eighth District
Court" and vesting it with Exclusive juris-
diction, in and for the parish Of Orleans, to
issue writs of injunction, mandamus, quo
warranto, and to entertain all proceedings
suits or CONVERSATIONS, in which the right to
any Office, State parish or municipal. is in
any way involved"
This act was passed March IL, 1870. in
view of the election which was to follow in
November of that year. It was necessary to
have a reliable judge of this court for the
emergencies which might arise out Ct that
election, and it was known that none but q
Conservative judge could be elected in the
city of New Orleans. Accordingly, the act
provided that 1.-the Governor shall appoint
An eligible person as Judge Of the Eighth Dis
trict Court, and clerk for said court who
shall hold their offices until the same shall
be filled by election" and then provides that
at the election "to be held in 1872 judge
and clerk shall be elected-thus accomplish
ing a nefarious purpose by fragrant viola
ton of the Constitut on.
4. Tile Superior District Court for the Parish
Of Orleans-Act NJ. 2, Dec. II. 1S72-The Gov.
errors appointee having held the Judgeship of
the Eighth District Court until the election OF
1872, at that election q Conservative of high |
standing at the bar, VIM. A. Gilmore, was |
chosen by so decided a majority that his cleo
ton was disputed by nobody, and he was re-
turned by both the conflicting Returning
Boards. What then? The Pincback Legisla.
ture at It's extra session after the election,
passed this act abolishing the
Eighth District Court. and establishing a new
court, having the same land even greatar) ex-
elusive jurisdiction, not only of all contests
for office, but "also over all cares or proceed
ings in which the State Of Louisiana, the city of
New Orleans, the Board of Metropolitan
Police the Board of School Directors,
Or any corporation established by act Of the
General Assembly and domiciled in the par
sh of Orleans, shall be party"
And it was provided that the judge and
clerk Of this cosrt should be appointed by
The Governor, and hold their Offices until the
general election of 1876; thus safely provid-
ing for all contingencies arising out OF the
wo elections of 1872 and 1874. In order
more effectually to settle the titles Of the
officials who held under the finding Of the
Board, Jacob Hawkins, member
# that Board, was forthwith appointed to the
udgeship, and he has affirmed, as judge, all
he DEGREES which he pronounced as Return
ng officer. When, at the election OF 1876,
he Conservatives shall elect judge OF the
superior District Court with what certainty
may be anticipated that this court will be
polished; new one created with the same
v greater powers, under q new name, with
mother appointed judged And thus the pro-
'ision of the Constitution requiring District
Judges to be elected BY the people viii be for
.ver defeated.
5. The "act regulating proceedings in contesta-
ions bet,ceen persons claiming Judicial office y
his act provides that the commission by the
Governor Of certain person as judge of any
curt in this State, "shall be prima facie proof