The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1876-12-28
The Louisiana Rascality.
Report of the Democratic Commit,ee,

/
Governor Palmer, Judge .Trumbnl
Ex-Governor Bigler, George W.Julia,
George 3. Smith, and P. II. Watson
who attended the sittings of theLouis
lana Returning Board, at the reques
of Mr., Hewitt, Chairman of the Der
ocratic National Committee, prepare,
and published their report severa
days ago. The exceeding great lengtl
of the document has precluded ou
publishing it. But we find the follow
ing full and fair summary of the re
port in the New York Herald, an.
commend it to the careful perusal O
all our readers:
1t establishes conclusively the fol
lowing fucts:
1st. The Returning Board threw ou
1880 Democratic votes to accomplish
the result they pretended to arrive at
An idea of the wholesale disfran
chisement thus attempted can perhap.
be better realized by considering tha
in large state like New York the
same per centage of votes thrown out
would amount to about 100000. ''''4
I'd. The Returning Board had not
the slightest warrant of law for such
action, under the laws OF Louisiana
Under no possible construction Of
those statutes, can the action taken be
considered otherwise than absolutely
void, and, this being the case, it is moi
entitled to any respect nywhere, OF
from anybody.
The facts leave no possible escape
from this proposition. @ '.A
All the laws bearing on this ques.
tion are set out in full in the report
but are too long to be given in any de-
tail within our present limita.
These laws show in the first place
that either there is no law at present
In existence in Louisiana authorizing
any election for presidential electors,
or it there Is such law, the duty of
such vote is directly devolv-
ed on another authority than the Re-
turning Board, and that such other
has no power to throw out
any vote cast. -ii1
The laws of 1868 and 1870, provide
for the manner of choosing
electors; specifying how
many shall be chosen at large and how
many from Districts the qualifications
for electors the filling of vacancies !:
and providing also for simple count
of the votes cast, at a specified time by
the governor, in the presence OF the
secretary of state. the attorney gener-
al, and district judge of the district
in which the seat of government may
be established or any two of them.
The law of 1872 and it's amendments.
under which the Returning Board
pretends to count the vote for presi.
Dental electors, makes no provision
whatever as to the manner Of appoint
ng electors of ofpresident or vice presi.
lent, their qualifications, the place
where they are to meet, nor for filling
7acances-but one section Of it is rs
ollows: "Sfhat this Act shall take eff
'ect from and after its passage, and
hat all others on the subject of cleo
ion laws be, and the same are hereby
'epealed.
1t is on the strength Of this clause
hat the Returning Board claim to take
way the power of counting from the
,ody Oh which the law of 1865 devolv-
d it and to get the right to count and
hrow out votes.
1t will be seen, however, that the
lain is self-destructive.
1t cannot be held that the portion of
he law of 1868, providing for the
'ount, is repealed. it is admitted that
he whole law is repealed, for the re-
zeal, in the law aboye quoted is not
implied but explicit, and involves all
ther laws on the subject of elections,
nd the whole of them.
If, then, this law of 1872 establishing
he board, has any effect at all on any |
ortion of the law Of 1868, it sweeps
way the whole of it, and makes no |
revision for any presidential election
self, it follows inevitably that none
An be held by law in Louisiana and
nat the Returning Board has no iuris.
iction to count the votes or take any
tep in reference to them.
Ii, on the other hand, the law of 1872
rs no effect on the law of 1868, then
T course the votes cast at such elec-
on, must be counted by the body
herein provided, aud the Returning
oard has nothing to do with them,
nd the body 10 whom the duty of
is intrusted has no power to
row out any votes for any cause.
The Returning Board can impale
lemselves on either horn of this di-
NINA which they ulay prefer,
The report before US, however, is
ot content with proving that the Re-
Irning Board cannot possibly have
~ right to count the vote for presi-
entail electors, under any circum- d
ances, but proceeds to show with
lual clearness, that even if the board
assessed the same power with refer
ice to the count of this vote, that it
assesses in reference to any other
Ulcers. yet it did not have the slight
t power to throw out the vote, under
e undisputed circumstances of this
Irticular case.
In the first place the Returning
Dard was nat legally constituted.
The law is as follows: ssThat five
'rsons be elected by the Senate from
political parties shall be the return.
g officers for all elections in the state, +,
of whom shall constitute a
forum, and have power to make the
turn of all elections. In case of anv