The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-01-27
From the Nation.J
The Louisiana Returning BOard-Its
pouerS.

The Returning Board. after two months
examination, made out q list of persons
elected members Of the General Assembly.
Our belief is that the list was fraudulent, but
for the purposes Of this discussion we are
willing to admit that it was honest and cor
rect. We would warn the reader who has
accompanied US thus far, however, against
the suppostion that there is anything novel
or mysterious about this Board, or that
there is anything in its functions which
makes the organization of the Legislature in
Louisiana process in any way peculiar, or
takes from it under the ordinary rules of par
lamentarv law. The Returning Board diff.
iers in no essential point from the Board of
State Cauvassers in this State, except that ii
has the power of inquiry into the regularity
Of the election. 1t simply "canvasses and
complies" the statements of votes sent in by
the commissioners Of election, decides prima
fdcie who have been lawfully elected to the
/ General Assembly, and makes out a list OF
them. At this point the Louisiana statute of
1872 does differ somewhat from our law.
! 1t provides that the Secretary Of State
shall transmit to the clerk of the House of
Representatives of the last Legislature the
| list of persons so declared duly elected by
the Board, and directs the clerk to place the
names of the persons so returned as elected
| on the roll OF the House, and declares that
:" the representatives whose names have thus
been placed on this roll, and none others,
shall be competent to organize the House of
Representatives" But a similar arrange.
meDt exists in Massachusetts, as well as in
other States. In Massachusetts the Secretary
of State delivers a similar list to the SER
geant.at-arms, who admits the persons named
on il 80 the House, of course excluding all
others, and they, and they only, are compe.
tent TO organize the House, under the presi-
dency Of the senior member present.
Now, what rights usually enjoyed by Le-
cislatures in this country and in England
under parliamentary law did this provision
of the Louisiana statute take away from the
Louisiana House Of Representatives :?
None absolutely none. Article 81 of the
State Constitution of 1868 provides in the
usual form that "each house of the General
Assembly shall judge of the qualification,
election, and return Of its members, but
contested elections shall be determined in
such manner as may be prescribed by law"
Section 80 authorizes the House "to deter
mine its rules of procedure, and punish
members guilty of disOrderly conduct In
other words, the Constitution simply con-
firms the immemoriai usage of parliamentary
bodies in according to the Legislature the
power absolutely necessary, as the expe-
rience of 1000 years has proved, to its dig
nifty, its independence, and the proper dis
charge of its duties.
Perhaps, however, somebody will say this
power has been curtailed bs the law above
indicated prescribing " the manner of deter
mining contested elections" Nothing of the
kind. This law is to be found in section
1,4l7 of the Revised Statutes Of 1870, which
provides +" that in all contested elections OF
the General Assembly the power rests with
each House to determine which of the par.
ties is entitled to the seat, and to award it ac-
cordingly." To make assurance doubly sure,
and to guard against all mistake, section
1,3S6, prescribing the manner of contestlng
elections to administrative offices :. before
the district courts, declares "that nothing
in the act contained shall be construed so as
to take aught from the power given to each
house Of the General Assembly to be judges
of the qualifications Of its own members"
Nor does the act of 1872, creating the Re.
turning Board, in any manner impair this
right. Section A, which defines the duty OF
the Board as to the list OF members, ex-
pressly provides "that nothing 10 this act
shall be construed TO conflict with article 81
of the Constitution"
1t is therefore clear that the Louisiana
Legislature stood on the day of its meeting
In the position of Congress and all other
Legislatures in the country. Itwas i'll full
possession OF the "ancient, natural, and I'M
doubted privilege" Of organizing itself in
its own fashion, and deciding for this and
allother purposes who were its members
and who were not. The law ordained that
only the persons paned on the lists of the
Returning Board should take part in the
organization bot the execution OF the law
lay with me Legislature itself. Nc
power on earth was competent to super.
intend, revise, or check its proceed
ings, If, as the Radica! members assert