The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-16

|such violence, intimidation or corruption
or near either poll, either during registration
or election, preventinga fair, peaceable ant
full vote, the Commissioners of Election, j
the occurrence was on election day, the Su
Ipervisors of Registration, if on day of reg
|istration, should make a full verified state
ment of the occurrence, forward the sam,
with and annexed to the returns; and furthe
provided that when the Returning Board, il
anvassing the returns, should come to any
poll where the returns were accompanied by
such protest, they should not canvass,
count or compile the statement of votes from
such poll until the statement from all othe1
polls had been canvassed and compiled.
| The Conservative counsel objected that the
board on reaching the returns from such pro.
tested polls read and became informed OF
those returns before laying them aside to take
up the other polls. They insisted that the
purpose of the law was to prevent the COM
missioners from knowing what the result at
the polls protested against were in order that
when they came to examine the poll protested
against they might do so without being biased
by knowing what was the result returned,
and they objected that in these cases of pro-
test the board had proceeded to read the
returns, add up and compile them, and then
defer their determination of the case after
having acquired knowledge of how the re-
turns protested against would affect the cleo
ton.
On the other hand the Republican counsel
insisted that such course was impracticable;
that the object of the law in deferring any
determination of the results of the polls pro-
tested against until the returns from the other
polls were canvassed, was merely to enable
the board to ascertain whether the result of
the disputed returns would affect the cleo
ton, however decided, SO that if they would
not, the board might be spared the labor of
considering this protest
Your committee have not found it necessary
to come to any determination upon that ques-
ton. The election embraced but one State
officer. The chief struggle was over the cleo
ton of members Of the State Legislature and
parish officers, and in these elections local
and personal considerations, as we'll as national
or State politics. entered. The returns by the
Commissioners of Election, compiled and for
warded by the Supervisors of Registration,
gave the Conservatives majority of 20 mem
bers, out of total of Ill members.
In only three instances were there any pro-
tests accompanying the returns. The Re-
turning Board was in session for many weeks.
AS finally announced their findings gave, as
Gov. Kellogg reckoned it, ffty-three members
to the Republicans and fifty to the Democrats,
of whom, however, one was regarded as not a
"staying Democrat" The board made no
decision as to the remaining five seats.
The public sittings Of the Returning Board
were attended by the counsel OF the Repub-
lican and Conservative State Committees.
Objections were received from the counsel of
the respective parties to the returns from
different polls. The Directing party was
generally allowed to produce afidavits to sup
port the objection and the other party to re-
ply by afidavits. A day was fixed when these
proofs were to be closed. After these public
sessions the board went into private, or, as
they were called, executive sessions, where
the proofs and matters in dispute were dis
cussed, and decision arrived at.
The minutes of the board are very meagre.
They contain little more than a record of its
meeting, going into executive session, and its
adjourning, and some formal public orders.
They contain no minutes whatever of the pro-
ceedings in executive session, and furnished,
therefore, little light upon the findings of the
board.
The parish of Rapides chose three members
to the Legislature. The returns elected all
three Conservatives when the proofs closed
the only paper filed with the Returning
Board was the affidavit of the United States
Supervisos hat the election was in all respects
full, fair and free.
It was not known in the parish that any
contest existed against these members. They
left their homes and proceeded to New Or
leans to be present at the opening Of the
Legislature-nO intimation of contesting
their seats or Directing to their election
having been given by their opponents. At
one Of their last sessions the Returning
Board declared all the Republican members
elected from that parish.
When the papers of the Returning Board
were produced before your committee, there
was found among them an affidavit by Mr..
Wells, the President OF the board, declaring
that intimidation had existed at certain polls
in that parish, and that the returns from these
polls should therefore be rejected. The coun-
sci for the Democratic Committee testified
that they had no opportunity to contradict the
statements Of this paper; that they had never
seen or known of it before, and that upon an
examination of the papers before the board
when the proofs closed, it Was not among
hem.
The counsel for the Republican committee
the right to make an explanation |
upon this point, but offered none. The afd-
lavit was dated the blank day of December, |
1874. It appeared that Gov. Wells was n OF |
himself in the parish on the day of the |
election, and though at the opening of their |
irst session your committee declar ed their |
Intention to examine into the action of the |
Returning Board, Gov. Wells never came for |
ward as witness. At the close of our pro-
seedlings, leave was asked that his deposition |
night bs given in. This was declined and |
Or. Wells was invited to appear before the |
but he never came.
Leave was also given for taking his testi-
nony by commissioner if he declined, but
vas not availed of. Your committee are,
therefore,, constrained to declare that the
ction of the Returning Board in rejecting
hese returns in the parish of Rapides and
living the seats for that parish to the Republic
an candidates was arbitrary, unfair and
Without warrant of law. If the committee
we're to go behind the papers before the
BOARD and consider the alleged charge of in
upon the proofs before the COM
nittee their finding would necessarily be the
anne.
1t was asserted in Governor Weiss afida-
it that the McEnery officials had usurped
he Offices of the narish and therehY intimi-