Knoxville journal. [volume] (Knoxville, Iowa) 1874-1986, 1876-11-22
r.otass.ana Election Ea,y.


the situation in Louisiana and the
election laws Of the State, prepared
by an eminent jurist of New Or
leans:
"There seems to be nlisapprehen-
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statute of 1869, long since repealed,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-
tial Electors. 1t provides fora board
OF Ave persons 10 be elected by the
Senate as returning officers, n 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
complied. Their returns, duly made
and promulgated, are final and con-
elusive, except in cases of contest.
When the law provides for q contest,
the return is prima lacie evidence Of
the fact Of election. The Supreme
Court Of Louisiana, upon law en-
tirely similar previously in force,
have decided If to be constitutional,
and that the return Of this Board was
Il necessary foundation of the tenure
Of an Office. In making their canvass
and computation the Returning
Board are required, first, to compile
the statements from all polls or vo-
ting places at which there shall have
been a fair, free and peaccable regis
trati0n 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 aud
peaceabIe vote Of all the qualified
electors entitled to vote at such vo-
ting place, the returning officers are
required to investigate their state
dlents, aud If, from the evidence
they shall be convinced that the acts
complained Of did materially inter
fprc with the purity and freedom OF
tho election, and did prevent a suf-
f!cient number Of the qualified elec-
tors from registering and voting to
materially change the result Of the
election, then the returning officers
shall not canvass or compile the
statement of votes of such voting
place, but shall exclude it 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 ono vacancy. The members
are Gen. Thomas &. Anderson, Of st.
Landry Parish, formerly and always
heretofore n Democratic State SeDa-
tor; ex-Gov. Madison Walls, native
Of Louisiana, aud Republican,; and
two colored men, &c. Casanova and
Lewis NJ. .Kenner. tits claimed by
some that Gen. Anderson is disqual-
fled from acting because Inc i5 can
didate for the State Senate at the
recent election, but the law contem-
plates no such disability, and, on
general principles, Il would not dis.
qualify him, except to SIT in his own
case. It's also said that Gov. Wells
Is disqualified because he Is federal
oiiice-holder, being Supervisor Of
this Port, but the law Of the State
does not make this disqualification.
The right and duty Of this Board to
examine into and decide every ques-
tiOn Of intimidation and, IL satisfied
Of the fact, 10 reject the return Of the
polling place where 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 It's authority IS final. The
real objection, however, made by
democrats, TO the Board il that 1t h
partisan, aud that it's conclusions are
entitled 10 no confidence. But IL is
the only existing tribunal known TO
the law competent to decide the
question involved, and its decision
and declaration Of the result are le-
galiy binding on all persons. 1t Is
| also purely question Of state law.
The Constitution of the United
/ States provides that Presidential