The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-03-24
JEW ORLEANS BULLETIN
THE LOUISIANA PROBLEM.
[Chicago Times. Goth inst. ]

Wheeler and several other eX-member 0
Congress- sitting in the city Of New York a
4 sort Of tribunal of arbitration, number 0
Republicans who have been declared member
of the Louisiana Legislature by the Return
ing Board Of that State must step down ant
out to make room for equal number 0
Conservatives" It is also understood tina
when the Legislature is convened in specia
session on the 18th inst. the Republicans IL
question will take their seats, and refuse tc
step down and out La this case, tho quea-
ton viii arise, as remarked by the Times the
other day, How can the Conservatives be
seated:
The Erea,nq Journni, OF this city. thinks
This is a perfectly simple question 1t ad.
mits tina. q the situation j. peculiar. and
yet not peculiar that 4" the spectacle - truly
remarkable Of few men at New York, not
citizens OF Louisiana, or officially entitled to
voice in its internal affairs, exercising the
highest prafog4tive Of the Legislature, which
mas no l-ga meeting place outside Of New
Orleans. Nevertheless .'the way is perfectly
plain from beginning to end And the way
j, clearly pointed out in the following words:
"Bat both factions have agreed to the ar
raugement. 1t is simply new application of
an old remedy arbitration. There is no
ilegllity about il, because it is mutual
ching. Rival claimants to political Office
have the same privilege OF umplrage as rival
claimants TO a piece OF property. 1t il the
plain duty Of Gov. Kellogg to conform to the
Ending OF the board OF arbitration in his
recognition Of the Legislature and dealings
Herewith. If he needed any help III so doing.
ne and a ma ority Of the ref rm Legl 5lature
could apply to the President for aid, and he
would have no alt rnatiye but to grant it, or
violate provision Of the Constitution.
So that is the way Of it. The magic word
arbitration" settles the whole matter. 1t is
now the plain duty of Gov. Kellogg to con
form to the decision of number OF persons
who are not citizens of Louisiana. and who
have no legal authority to exercise the highest
prerogatiye of the Legislature in deciding who
are, and who are not, entitled to seats III that
body. And ii he needs any help in conform
ing to that decision, the President has no alter
native but to grant it, on tho application of
Kellogg, and majority OF tho reformed
Legislature.
Is that so ? Look at it for a moment What
was the question submitted to arbitration
Was it which OF two political factions, or par
ties was successful at the election held last
fall? Not at all. Political factions, or p.rties,
are not recognized as having any legal ex-
lstence. question AZ TO the success of a
party, or faction, at an election can never
properly arise in legislative body or a court
The question which was submitted 20 arbi-
.ration, and the only question which could
be so submitted was, what persons wera elect
ed to the Legislature 1t was not, and could
not be, What party was successful at the
election
The next question that presents itself is,
who submitted this matter to arbitration
Was it the parties Interested? Was it the
persons who claimed to have been elected,
and who were contesting for seats No. Ii !
a al pf II
pie of bodies having no legal existence, and
no claim to recognition either by the contes-
tlnts, or by the Governor or by the President |
or by any legally constituted tribunal Of any |
KIND. 1t follows that the arbitration was Nos |
~ mutual thing. 1t may or may not be |
true that rival claimants to political Office |
have the same privilege Of umpirage as rival
claimants to piece OF property.
Prob IDLY it is not true OF rival claimants to |
seats in legislative body which is the sole |
Iud ge of the elections returns, and qualifca- |
lions Of its own members But granting it |
10 be true for the sake of the argument, there |
IS not a particle of evidence in the present
case that the rival claimants ever sought or
nc oepted privilege OF umpirage. On the CON
trary, there is reason to believe that arbitra-
ton was thrust upon them, or ut least such of
them as were already seated by number of
men assembled in party caucuses, who had
no more authority in the premises than an
equal number of John Cinnamon.
II Jack Robinson should claim to be owner
IF The Eueninq ,jo,rnal, and Charley Wilson
should resist the claim, and couple OF Chi
,ago ward caucuses should submit tho matter,
without Mr.. Wilson's consent to number of
respectable gentlemen in San Francisco, prob
.bly he would not consider himself bound by
heir decision. No more are the Repubi cans
whom the Wheeler board have declared not
o be entitled to seats in the Louisiana Legis-
ature bound by that decision. Unless they
submitted their claims to arbitra-
ion, they may take their seats exactly as
hough such u thing rs the Wheeler {" board
lad never existed.
How, then, can they be ousted? 1t cannot
,e done leg lily, except by the action of the |
louise, which is sole Judge Of election Of its
members. If that body chooses to accept the
Wheeler decision as It's own, it can do 50. 1t
AN admit the Conservative claimants and |
Just the Republicans, and that would end the
natter Ii can also Ignore or reject the
Wheeler decision, and nobody has any right
0 prevent. Kellogg would have no more
light to seat or unseat members than he had
n the 18th of January. Grant would have
ven less right to interfere on kellogg's APP
ication than he had then, because the Legis-
ature would unquestionably be organized
, respond to an application by a Governor
hen the Legislature is in session. or even
hen it can be convened.
In short, neither Kellogg nor Grant. nor
9th of them together, can possibly carry the
ecison of the arbitrator into effect without
grosser acts of usurpation than
ley did last January, unless the lower
louise of the Legislature accepts the decision
, its own; and in that case neither Kellogg
Or Grant will have anything to do in the
romises All that either of them can pro-
erly do, ii any event is to exert his influence
it'll the House. Ii that body (Which. be il
bseryed, is not committed to anything,)
looses to retain the Republicans who have
cen ruled out by the arbitrators there is no
clip for it, except through some Illegal and
procedure as was adopted on
he 18th OF January. Grant may yet find an
her knotty problem to solve.
GOod Advice 10 Northern Capitalists.
The New York pay Booh says: "Unlcss New
,rt STRIVES "a bnild m fhp Sputh flroucL |