The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-12-13
LOUISIANA.
Meesrs. Pslmsr. rrumbun, w.
ulan - ofkers - the
Lealslsna Returning ~
opard 0utrsge. ~
"nottom raekss q 70 the stipend
ous Fraud By the Board.

A Lawfully Obtained Democratic
Majority Wiped Out on
Trumped-Up Charges
Of 1ntimldAtion. sFsRl
TIE Comnisaes's Depers.
10 the Hon. Abram S. Hewitt Chairman Dem
ocratic National Committee:
The returning board of Louisiana hav-
ing tins day promulga ted as tho result, OF
the recent election In that state, that the
Hayes and Wheeler candidates for cleo
tors received q majority of the votes, we,
who, BY Invitation, watched the proceed
ings OF the board In opening and canvass
ing the returns till it went into secret ses-
sion, deem It our duty to lay before You
and the public such facts connected with
the election and the returns as will, we
think csary sfrT that The sr,, the cleo.
ton Of the Hayes electors is arbitrary,
unfair, and without warrant of law, and
we adopt ~ applicable to this canvass the
language Of report made to the United
States house Of representatives in 1876,
by George F. HOar, w. A. Wheeler, and
William r. Fry. In regard to the canvass
of 1917, in which they say 1.-The. so
called canvass made by the returning
board In the interest Of Kellogg seems to
US to have no validity, and is entitled TO
no respect whatever" We also adopt
the language OF this same report upon
the condition OF Louisiana In 1876: ''In
the State OF Louisiana there Is q COVER
nor In Office who owes his seat to the in
reference Of the national power, which
has recognized his title to his office, not
by reason Of any ascertainment of the
facts BY legal process. but has based its
action
SOLELY on THE ILLEGAL ORDER
OF q judge.
''ln the same state there Is legisla-
ture, one branch of which derives its au-
thority partly from the same order, the
other being organized by majority who
have been established in power ~ an
other interference of the national gov
eminent, and which majority derives its
title, not from any legal ascertainment
OF tho facts, hut from the certificates of q
returning board which has misconceived
and exceeded its legal authority"
Nov. Is, 1875, before the returning
board commenced the canvass of the
electoral vote, the candidates for electors
on the Democratic ticket presented pro-
test against Its Jurisdiction over the sub
feet, or its canvass Of the votes relating
to the same. This protest was sum.
marily overruled by the board without
affording an opportunity for argument.
No legal proposition, in our opinion, is
clearer than that the board was mistaken
as to Its powers, and that 1t had nothing
whatever to do with the electoral vote.
akaH CHI int TO-
ner a. the legislature thereof may direct
number OF senator's and representatives
10 which the state may be entitled in the
congress, but no senator or representa-
tive, or person holding IN ofllce Of trust
or profit under the United States. shall
be appointed an elector.''
The legislature Of Louisiana has either
directed the manner in which electors
in that state shall be appointed
or il has not. The election law of
lss2 and amendments under which the
returning board il created and acts makes
no provision o. TO the manner OF appoint
ing electors OF president and vice.presi-
dent, whether by the Legislature or by q
vote Of the people, nor whether by the
state at large or by congressional dis.
tricts, nor does II contain any provisions
Is to the qualification Of electors, the
place where they are to meet, nor for I'll.
ling vacancies. Section II Of that act de-
claros as follows: "That this act shall
take effect from and after its passage, and
that all others ON the subject of election
laws be and the same are hereby re
pcaled." This II not an implied but
a DIRECT REPEAL OF ALL ELECTION LAWS
To which II refers. and II It repeals thu
previous act OF 1865, revised In 1870, pro
viding for the appointment OF presiden
tial electors, Il repeats the whole Of 1t anl
all its provisions, aud there is no law Of
the state on that eubject, and of courst
the board would have no Jurisdiction Il
canvass votes cast for such officers. L
on the other hand the act of 1872 does no
repeal the law OF 1870, then presidential
electors must be appointed, and the can
yass OF the votes thereof must be made
in accordance with the law OF 1870, an(
the returning board has no jurisdiction
over the subject. as will be seen by refer
ence TO some Of the provisions Of the &C
Of 1870. which are as follows:
Sec. 2,824. Every qualified voter Ia tn
state shall vote Tor electors rs follows
Two persons shall be selected from tb,
state at large and one person shall b
chosen from each congressional distric
in the state and In case any ticket shall
contain two or more names OF person
residing In the same district Except tn
two chosen from the state at large, tn
first OF such names only shall be censic
cred as duly voted for.
Sec. z. S25. No person shall be consid
cred quaiified elector who Is not Qual
med voter In the district for which he
CHOSEN, or In case OF being selected 70
the state at large, then Of some parish @
the state.
Sec. 2,Sl6. Immediately after the n
ceipt OF return from each parish. or o.
the fourth Monday Of November, II th
returns should not sooner arrive, the 90,
ernor In presence OF the secretary
state, the attorney general, q distri,
Judge OF the district in which the seat
government may be established, or an
two OF them, shall examine the return
and ascertain therefr0m the persons VII
have been duly elected electors.
Bee. 2,62S. The electors shall meet
the seat OF government on the day q
pointed for their meeting, by the act
congress, and shall then and there Or
coed to execute the duties and seryic
enlolned upon them by the constitute
therein prescribed.
Sec. 2.830. II any one or more of Il
electors chosen BY the people shall fro
any cause whatever TO attend at the q
pointed place Ut the hour Of 4 pm,
the day prescribed fer their meeting
shall be the duty OF the other elcctl
lwmedlAtely to proceed by ballot TO
such vacancy or vacancies.
IL y MINISTERIAL. % far a. affects [