Knoxville journal. [volume] (Knoxville, Iowa) 1874-1986, 1876-11-22
louisiana Election Law.

uSPSHueHE paper. publishes the ioi-
lowing concise statement touching
the situation in Louisiana and the
election laws OF the State, prepared
by an eminent jurist Of New Or
leans:
There seems 10 be q misapprehen-
sion in some quarters in relation to
the law in force in Louisiana regula-
ting the verification of returns. A
statute of 1869, long since repealed,
constituting the Governor, Attorney
General, aud a Judge OF theSupreme
Court a Board of Canvassers has been
republished by some papers at the
North as still In force. The statute
now actually in force refers to all
elections, including that of Presiden-
tiaI Electors. 1t provides for board
Of Ave persons to be elected by the
Senate as returning officers, major.
ity Of whom shall constitute a quo
rum, and with powers to fill all
vacancies in their body occurring by
death, resignation, or otherwise.
The Board is required TO meet in
New Orleans within ten days after
the closing Of the election, to canvass
and compile the statements of votes
made by the Commissioners of cleo
ton, and shall continue in session
until their returns shall have been
compiled. Their returns, duly made
and promulgated, are final and con-
elusive, except in cases of contest.
When the law provides for a contest,
the return is prima facie evidence Of
the fact Of election. The Supreme
Court Of Louisiana, upon law en-
tirely similar previously in force,
have decided ii 10 be constitutional,
and that the return Of this Board was
a necessary foundation of the tenure
OF an Office. I'm making their canvass
ard computation the Returning
Board are required, first, TO compile
the statements from all polls or vo-
ting places at which there shall have
been fair, free and peaceable regis
tration and election, but whenever
from any poll or voting place there
shall be received q statement OF any
Supervisor Of Registration or Com
missioner Of Election, an affidavit Of
three or more citizens, Of any riot,
tumult, acts OF violence, intimida-
ton, armed disturbance, bribery or
corrupt influence which prevented
or tended to prevent fair, free and
peaceable vote Of all the qualified
electors entitled to vote at such vo-
ting place, the returning officers are
required to investigate their state
ments, and If, from the evidence
they shall be convinced that the acts
complained Of did materially inter
fere with the purity and freedom Of
the election, and did prevent q suf-
ilcient number Of the qualified cleo
tors from registering and voting to
materially change tho result Of the
election, then the returning officers
shalt not canvass or compile the
statement Of votes Of such voting
place, bat shall exclude IL from their
returns. In making this eXamina-
ton into the facts, when alleged, OF
intimidation, etc, the returning
officers are authorized to send for
persons and papers. Tho present
Board consists Of four persons, there
being one vacancy. The members
are Gen. Thomas q. Anderson, Of st.
Landry Parish, formerly and always
heretofore a Democratic State 5ena-
tor; ex-Gov. Madison Walls, native
Of Louisiana, and Republican; and
two col0red men, g. Casanova aud
Lewis M. Kenner. It il claimed by
some that Gen. Anderson Is di5qual-
fled from acting because he Is can
didate for the State Senate Mt the
recent election, bat the law contem-
plates no such disability, and, on
general principles, IL would not dis.
qualify him, except 10 sit in his own
ease. 1T Ii also said that Coy. Wells
is disqualified because ne is a federal
oiiice-hoider, being Supervisor Of
this Port, but the law Of the State
docs not make this q disqualification.
The right and duty Of this Board to
examine into and decide every ques-
ton Of intimidation and, If satisfied
OF the fact, to reject the return Of the
polling place whore it occurred, are
clear, and are not disputed. Some
partisans claim that the statute Is
unconstitutional, but the Supreme
Court Of the State has decided other
wise, and its authority Is iinal. The
real objection, however, made by
democrats, to tire Board Is that ii il
partisan, and that its conclusions are
entitled to no confidence. Bnt IL "
the only existing tribunal known 70
the law competent to decide the
question involved, and its decision
and declaration or the result are lc-
galy binding on alI persons. II il
also purely question Of state law.
The Constitution Of tho United
states provides that Presidential