New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-08
THE RETURNING OFFICERS.

THE RETURNING OFFICERS.
It has been shown that some scrutiny
Of the popular vote is necessary. It il
provided for in the constitutions Of tn
several States. This necessity is recog
nized by both parties in this State On
proposes the nomination Of five persons
to be confirmed by the Senate, who shall
constitute q commission to compile tnt
votes cast for all the officers. The othel
party proposes that the same duty shall
be performed by the clerks of the district
courts.
Let us compare these agencies for per-
forming the same act. The first will be
composed of men chosen for their char
acter and capacity to perform this high
judicial act. They will sit at the State
Capitol, in the presence of all parties
whose rights may be involved in theil
decision. Counsel learned in the law will
be present, and we may infer that since q
majority of this commission decides all
questions that arise, these decisions will
be uniform. None of these men will be
candidates for Office.
The other agency consists of from twelve
to twenty persons, separated from each
other by distance and by duties. Each OF
them shall, in the presence of witnesses,
compile the returns sent in by the COM
missioners Of election.
To know the meaning of the term "com-
pile" we have but to cite the compiled
returns of an election held in the State OF
Louisiana on the fourth day of November,
1872" 1t is signed by Returning Board
| composed o: Archibald Mitchell, B. r.
Forman, S. NJ. Thomas, o. F. Hunsaker
and s. NJ. Todd, and declares that the
following persons 'were duly and lawfully
elected to the offices set against their
Names" Then follow the names of John
McEnery and his ticket This Returning
Board reviewed the statement of votes as
made by the supervisors and commits
threw out such polls as they deemed in
valid. This involved shifting and alb
stracting ballots by violence and intimida-
ton, the possession of boxes by armed
men, intimidation by United States troops
and armed bodies of colored men.
This, then, is compilation. Upon a
similar compilation by the Witt and De-
Ferret board Governor Warmoth pro-
claimed the election of Senators and Rep
resentatives. Under the House bill each
clerk is, then, to compile, personally, or, if
candidate, by deputy, the vote cast
within his judicial district. He is to say
whether the ballot box has been stuffed or
robbed; whether the voters have been IN
Inundated, or whether other frauds have
been committed Let US see over what
offices this power extends. They are the
parish judge and clerk of his court, the
sheriff, recorder, coroners, attorney, police
jurors, constables and justices of the
peace. Every fourth year the judge and
clerk of the district courts are elected.
The clerk, then, must be the judge of
elections in the judicial districts to which
he officially belongs. Some Of these dis
tricts are comprised of four or five parishes.
Suppose We assign to each of these
parishes ten officers; then the clerk would
sit in judgment over forty or fifty offices,
including that of his own competitor, if
the clerk be candidate Some of these
districts can cast in the aggregate about
ten thousand votes upon the State ticket.
The House bill enables this clerk, if
candidate, to devolve upon deputy this
high duty of compiling these returns.
Does not the reader see that this SUBJ
of deputy would place it in
the power OF clerk to do by the hands
and over the signature Of another, pre-
cisely that which he wishes to have done7
The question of the clerkship is involved
in this compilation. Is it reasonable to
suppose the candidate would appoint
deputy who would compile" him out Of
of the Office?
We have only to suppose that the clerk
candidate has been nominated by a party
to show that be will aid his own party
ticket as far as he legally may. 1t will be
seen that when these compilations
come in from the various districts, they
are liable to represent the party interests
Of the Republican or Democratic clerks
who seal and transmit them to the Secre-
tary of State We ask any impartial per-
son whether this is satisfactory system?
The decision upon the Legality of an cleo
ton is left to one man in each district
The same right of suffrage which has been
on principle by one clerk may
be set up by another clerk, and the re-
suits may be contradictory, and, there
fore, in one way or the other, unjust.
Thus will stand the State election under
the House bill: /. The registrar shall
furnish the commissioners with the regis
try of voters. 2. The police jurors shall
commissioners of election, and
these shall deliver the polls to the clerk
of the district court. The clerk, having
compiled the returns sent in by the CON-
shall deposit one copy in his
office and forward one to the Secretary OF
State. The Secretary of State shall con-
solidate these returns and make official
report of the same to the Governor, who
,Lon ,,,ol,o nrocIa m fion of tho rac,11f