The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-31

questions, ana after the lnveStigatlOn OF 1t ha
4 proceeded without objection for several days.
But if this committee has right to "arragn
anybody, or to Investigate anything, it shoul
seem to be this Returning Board As we under
stand the case, the President of the Unite
States, in the absence of Congressional n.truc
tons, has assumed certain positions and exercise
certain powers with reference to political ques
tons in the State of Louisiana, ON which he ad
mlts the Congress to be the proper and final al
bitter. He has reported his action to Congress
and has requested that body to decide thes
questions, and to adopt some conclusion, b,
winch his future action, as we'll as the prophet,
OF his past action, may be determined. And it i.
to guide Its action on these questions, that Con
gress has sent this committee here to investigate
} the facts.
Suppose the Returning Board had chosen no,
to make any returns at all Would that have
prevented the members of the Legislature elect
ed at the recent election, and returned elected by
the Commissioners and Supervisors from dis.
charging their constitutional duty of meeting on
the first Monday of January? Or would the Fed
eral authority have found any justification for
interfering to dispense them? And yet the Fed
eral authority did interfere and remove by mill
| tary force, from the House, five members. On
what ground? On the ground that they were
not elected? No! On the ground, even that
they were returned not elected? No! But on the
ground that the Returning Board had failed to
make any return at all of the election at which
| they were chosen? If such action can be main.
| tanned as to five MEMBERS why could it not as to
| all, under similar circumstances? Aud why could
not the Returning Board, by simply falling to
make returns, deprive the State of a I.eoslature
forever and day?
But further than this, if We have shown that
the action of the Returning Board was clearly
| and patiently ultra rirps, such action is stricken
with absolute nullity; the returns based on such
action can have no force or effect whatever: and
the case stands, SO far as such returns are CON
cerned, precisely as If none had been made We
know OF no principle OF law on which this posi-
ton can be controverted. Nothing is better set
tied than the doctrine that the validity of the acts
OF all officers of Government, or of public or
private corporations, as well as Of agents gene
rally, depends on the question whether such acts
were within the scope Of the authority conferred
on them. Ii the controversy before the commit
tee were one which could be submitted to the
courts, there would be no question that any
court would uphold this doctrine and would an
null and declare of none effect, the proceedings
OF this Returning Board, so far as they exceeded
the powers conferred on them by the law
But 30 far as members of the Legislature
are concerned, and so far as the claims of
conflicting governments are concerned no court |
has CT can have any jurisdiction whatever Of such
controversies. There Is no superior power which |
can entertain or decide these questions except |
the Congress Of the United States, in the exercise
OF the power and duty Of determining which. OF
State authorities, it will recognize:
and also in the exercise of the unquestionable |
power and duty of undoing whatever has been |
eminent. Thus no one disputes the power of
Congress to determine which government it will |
that known as the Kellogg govern
ment, or that known as the Nc tnery COVE rnmert.
But entirely Independent of this question, an
other presents itself, which is this: even if the
recognition OF the Kellogg government by the
President be maintained, yet if Congress shall
determine, on examination of the laws and facts
hat the interference OF the Executive Power in
he organization of the Legislature on the 4th
January, 1875, was illegal or even improvident, it
las the tight, and 1t IS Its duty TO undo this action
md to restore the status quo, which was disturbed
~ such illegal or improvldent interference.
Ii this committee snail find that the RETURNING
5oard has not only abused, but so far erceeded,
he powers conferred upon it by law: that it's
ction is absolutely null and void so far as it re-
ersed the election of all members who were re- |
urned elected by the commissioners and SUPER {
lsors in conformity to law, and where those ,
eturns were not accompanied by statements as
equred by section twenty-siX of the act that "
o such statements accompanied the returns in l.
ne cases OF sundry Conservative members, who 5
ere elected by the popular vote, but rejected
y the Returning Board; that, particularly, no
lch statements accompanied the returns in the
Uses OF the five members elected by the military
over of the United States that those members
ere elected according to the returns of the COM
ssloners and supervisors, and could not be de-
lived of the right to their seats by the mere u
llure OF the board to make any returns for their
irishes; that several Republican men,
RS participated IN the proceedings of 4th
Inuary, 1873, who were not lawfully entitled
participate therein and that several Con- R
rvatlve members, who were so entitled were
prived of said right by the illegal, null and
I'D action OF the board we think the commit
e could not avoid the conclusion that the Fed
al interference on the 4th of January was, not
erely technically illegal, but inequltable and sr
provldent, and that it would report to Congress na
me sufficient plan of relief from the conse- ce
ences OF said interferen e. And this might
en- be done without any necessary censure of =
Executive, who had, not the opportunity of
certaining the facts and law of the case which
Il be afforded to Congress by the report of this
nmittee. The five members were removed bv
e force, on the representation of Gov. Kellogg
1t they We're usnpeis. If this committee shall
4 that this representation was false. |
d that they were rightfuly and legally
,upying their seats as MEMBERS then the
Oh which the interference rested is
stroyed, and they should be restored by the
ne power which removed them.
indeed, this question of the power of the Re-
ming Board lies at the basis of the whole
it's proceedings form the sole foundation on mn
ich the kellogg government rests and now 49,
Vt we have been able to bring the subject in Jat
its bearings, before an intelligent Committee de
Congress, we cannot doubt that We shall soon by
CHI conclusion which will restore the people n,
Louisiana to their rights and satisfy the IL
sciencc of the whole country.
Ten THOUSAND DOLLAR DAuGHTER.-On IN
ertain day, on Pennsylvania railroad, a n 49,
lie of thriving Pennsylvania town, the r !.
lighter OF wealthy lumber merchant, was us
Yelling in the same car with shrewd old his
zen OF her native town and an agreeable da
ltleman from the West, who tells the story. srt
e latter had been talking to the belle but is