The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1875-01-16
Letter of. 3. Elan to Hon. W.
w. Phelps.
NEw ORLEANS, Jan. Z, 1875.

NEW ORLEANS jan. 4, IC'''
Hon. W. ". Phelps, Washington, D. c.:
S,r-I find in this mornings edition
of the Picayune, ofthis city, a state
meut made by yourself TO the cores
pondpnt of the New York Tribune,
that you are 0: opiaion that the or
ganization Of the House OF Reprcscn-
tatives of this State, effected on the
9TH inst. by the Conservatives, is II.
legal, because of the participation OF
the five members elected from par
;shes not canvassed By the Return
lin. Board, but referred to tho res
prctive houses Of the General Assem-
| Div for decision. In support OF this
positieu you rely upon the following
paragraph from the 4th section Of the
statute of this State creating the re-
turning Board, passed in 1872, which
is in these words "IiIat Represen'
tatives whose naHaes are on this roll,
and they only, shall take part III the
organization of the House,
It seems that you consider the glst
s of the whole question as to Legality
or the action of the Conservatives IN
}orcaniziug the Witt House OF Repre-
sentatives to depend upon whether
members elected frcm the four refer.
red parishes had q right to take part
in tile organization, they not having
been returned by the board.
: Nv impression is that you have fall
lien into an error, by not taking int'
consideration the fact that the retur,
Of the members from those parishe
was not made by the board OF can
yassers but referred to the Legis'a
lture. The effect of the omission or re
fusa, of the board to declare VIII" wer
elected to the House of Representa-
tiyes from the parishes just referee
to, was, in my Judgment, to re''eI
them from the legal effect OF an al
verse return of the board, and tina
the House was competent to decld
for itself, even IN the preliminary OF
canization, who were elected frot
tl,ose parishes. beg leave to ca
your attention to Art. "a Of the Con
stjtution of the State, which say
each House Of the General Assem-
III; is the Judge of the qualification
election aud returns Of its members
- etc. This duty was imperative, an
was rishtfully performed during til
temporary organization, and immt
djately after tho ro|! or list Of tho r.
tnrued members had been called /
ess the clerk, because the representative
ion from the four parishes referred t"
|,y the Board, whoever they wei
had the right to participate in Il
permanent organization.
The thirty-third article of the Co
stitution provides ''t!'at not less TIL
= majority of the me'ubers "f ca
Aousc of the General Assembly sh
form quorum to transact b"s.nes
- Int a smaller number may adJou
sg .rHl from day to day, aud shall have +
an power to compel attendance OF a
3ll sent members" A minority, thcl
Al fore, has the power to pass upon
q. election aud return Of their coleag,
l'S'' who are brcoght into the House
pursuance to this article Of the Ct
stitution.
The relative strength of parties
the House on the 4th inst, at
time of the organization after the t
mem ers were received from the
e, ferred parishes, was SO close as
give the Conservatives the majori
THE election returns from the par
of BienviI'e without opposition.
hing maintain, however, that that part
the statute Of 1872, to which You
La ter. is unconstitutional, because
takes from the respective houses
the General Assembly the right
mass upon the election and returns
49, its members, for all purposes and
79' all stages Of their proceedings, vii
d al is conferred by the organic law vi
Oh. ont exception or limitation. Such
o. the constitutional provision on
subject, but the statute in effect 5
. that tho Houses shall only exer'
that right after the organization
perfected, but that tho Return
Board shall have tho power Of
( termining the status Of those mi
bers who alone shall have the ri
to take part in the organization.
the right to Judge of the elections
y. returns of it's own members in
State has been taken away from
~ House of Representatives. until a
Il the organization, the effect Of the
tute is to PIT it in tho power o
81 unscrupulous Returning Board
4 change the political, complexion
= the body and defeat the will Of
H.. people. To iliustrate: Suppose
He. House of one hundred members
Democrats, or Republicans, as the
~ might he, had elected sixty mem
and their adversaries forty, but
Returning Board returned as ele'
all the minority and hut twenty
Id. Of the majority, these added VI
. constitute quorum, and il the OF
not returned, but referred, hay
Acx. authority to take part in the or