The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-05-18


subject of which he had no knowledge
had not only counted out members 70
" intimidation" but had also counted il
members not elected, on supposition tina
without intimidation they would have bee1
chosen. What power they possessed to lool
into the hearts of electors, and ascertain wha
unexpressed purpose lay hidden there, v,
know not; but we venture to say there is no
another State in the Union in which genera
charge that intimidation has existed at q pol
would be held to warrant an election board in
counting in candidates on no other evidences
than that q majority of the votes was cast
| against them" But when board is to act
upon the sole evidence of its presiding officer
and leading spirit, which he, at least, knows
is base!ess, it must be exceedingly difficult to
set limit to its discretion.
With clerk of their own party to call the
roll, and half the members of the same
| affiliations, the board had reasonable ground
for believing that the organization OF
the House was in their own hands,
especially as one member returned as a
conservative was counted as unreliable. With
the lower house organized in the Kellogg in
terest, the Judicial-military governme nt would
be fastened upon the people for another two
years. And why not permanently? If two
elections may be manipulated in disregard of
the Constitution and laws, what necessity that
the people of the State should ever again be
permitted to exercise the rights of free gov
eminent?
One circumstance overlooked by the Re-
turning Board would be of the highest impor.
lance, If a contest should ever come to q de-
cision by the rules of law. That was that the
board had expressly abstained from making
any decision in the case of five members who
were duly returned by the local boards as
chosen. All Of these were Conservatives, and
with the Conservatives who received certif-
Gates from the board, constituted clear ma
jority. It was assumed that the failure to
certify IN their cases would preclude their
taking their seats until the House should
so decide. But this was palpable
error. They had in the returns Of the
local boards prin'a facie evidence Of their cleo
ton, which, in any case, would prevail until
set aside by competent authority Assuming
the board to be such competent authority, It
had not acted, but had referred the cases to
he House. Those members would conse.
luently, go to the House. taking the prima
acie evidences of their right with them, and
would be as competent to act in all stages as |
my other members of that body. The board, |
tself, must be understood to have recognized |
heir primd facie right by declining to decide |
lpon it could exclude them from the House
Until that body should decide in their favor
not to be entertained for moment. That
vould be giving to the boards on.action all |
he effect OF an adverse adjudication, which
7ould be preposterous.
When, therefore, the members declared bv
be Returning Board to have been chosen
nd these five members, who had the proper
peal evidence of their election, appeared in
be Hall OF Representatives on the fourth dav
t January, 1875, for the organization of the
louise, the Conservatives had a clear ma
'rlty OF members holding the evidences of
heir right to participate in the Legis-
tive proceedings. All of them, together
18th contestants of seats, were admitted to
10 hall through files of soldiers who excluded
10 genera! public. What followed is long
'ory II full particulars are given, but the SUBJ
ance may be stated as follows: The clerk
the last House proceeded to call the roll.
Inch embraced the names of those only who
ad been declared elected by the Returning
GARD. Immediately on his concluding, Mr..
olleau, member, rose and nominated Mr..
'lltz for temporary chairman. Amid con-
deraole excitement he put the VOTE and de- =
AIRED it carried. Mr.. Wilt Immediately
epped forward, took from the old Clerk the
vel and called the House to order. The
hclal oath was at once administered to him !
magistrate who was present, and MIR. +
lltz then administered the oath to the other t
embers, who rose for the purpose. A mem =
r nominated Mr.. Trezevant for Clerk; the
otlon was put and declared carried Mr. Q
'ezevant came forward and took his seat !
the same manner Mr.. Flood was chosen g
rgeant-at-Arms. Assistant Sergeants-at- a
ms were then appointed, and motion to IL
1t the members whose cases had been re- b
red to the Legislature was put and car It
"a. During all these proceedings, Republi- Il
members were protesting, but the pro- II
It's were not regarded. The five members o.
re sworn IN, and the House then proceeded d
the election of Speaker. On that cleo al
n fifty-eight members voted, of whom fifty cl
voted for Mr.. Wilt. During the roll IL
when MIR: Hahn's name was called, he de- m
90 to make an explanation, and was per- &C
TED to DO so. He spoke at some length, III
'ylng the validity Of the proceedings which W
70 being taken. All this time outside the to
:, were large number of police, supported tn
Federal troops. Mr.. Wilt maintained w
trol Tor some time after his election as au
'aker, and when at length the Republican be
mDers attempted to withdraw from the II
|, ne instructed the Sergeant-at-Arms to So
vent them. This led to disturbance, and ev
tolls were displayed, when q Conservative de
nber moved that Gen. DeTrobriand be re- %
sted to preserve order The General was ha
in the room, though his soldiers were, an
he was sent for, and seems to have trs
eted the disorder by a word. and tic
4 retired. The Congressional COM d.
tee say: "The action OF the House pro- ba
led for an hour or so without interruption. III
ing which time a committee on contested GU
s was appointed, minor officers elected. an
debate had, bat no message was sent to wa
Senate or to the Governor, notifying them ter
the House was organized and ready to Pa
iced to business, when at length Col. De LII
BRAND returned and stated he had orders PR
smove the five members sworn in who to
not been returned by the Returning CIR
3D." The subsequent proceedings are 9th
n in the words of Speaker Wilt. en- l
ed IN memorial to Congress: lze
While the proceedings of the House were y. gu
tiy progressing, about the hour of 3 ~ ~
OK 2. M, Gen. P. R. De Trobriand. Hu,
handing the United States troops in and aeo y
nd the State House, entered the hall in a.,
orm, his sword at his side, accompanied s.o'
Vo OF his staff and Mr.. Vigers, the former sl oa
OF the House, and addressed Speaker o oou
y hi