The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1876-12-15

| poll or voting places, unless certain solemn
IOrmalities are first complied viii, Whlcn
must be supplemented with the testimony OF
witnesses.
The statute organizing the Board declares
| in substance that when from any poll OF vot.
the stafement OF any, supervisors Of Regis
\ ration o. Commissioner of Election, con-
| irned by affidavits of three or more citizs Ms.
OF any riot, tumult, acts of violence, lntm-
idatioD. armed disturbance. bribery, or cor
| rupt inffue noes which prevent or tend 70
| prevent a fair. free and peaceab.e vote Of all
qualified electors entitled to vote al such
the facts. and If. from such statements and
| affidavits, they shall be convinced that such
causes did not interfere with the purity -=
AND FREEDOM OF SUCH ELECTION,
| or prevent q sufficient number of qualified
voters from voting to materially change
shall be canvassed and compiled; but II they
are not TINS fully convinced, II shall be their
duty to examine further testimony in regard
thereto-shall have power to send for per-
sops and If after the examiEattoD, the Board
shall be convinced that such acts of vio-
lence, intimidation, & did materially inter-
fere with the purity aud freedom OF election
at such poll, and did prevent a sufficient
number of qualified voters from registering
or voting, to materially change the results
of the election. then the Board shall not can
vass or compile the vote of such poll, but
shall exclude IL from their returns.
Nothing can be more simple-more Just
than these provisions. They are, for the
reason before stated, inadequate to secure
the administration of a complete remedy;
for iJ n ay be fairy said that II, by reason OF
violence aud intimidation, committed in the
al other are restrained from voting through
fear, an equitable remedy, if practicable. for
the outrage, would be to count in favor OF
the injured, every vote they lost.
The ascertainment of this being however
difficult, and though the statute of Louisiana
has provided only for the rejection of votes,
it is worthy of remark that
THE MOST FLAGRANT CASES
submitted to the Board have. as proven. oc-
CURED in parishes where the Republican reg
istered vote, which would, undoubtedly have
been cast but for intimidation and violence
largely exceeded the registered vote of the
We have thus alluded to some of the causes
which led to tne creation of this Board. ard
have also called attention TO its duties and
the proof upon which Ii is authorized to ACT.
IL is a tribunal established by the laws of
Louisiana, entirely Independent of the laws
of any other State of the United States. 1t
vsss, and finally determine the number OF
votes legally cast for Electors OF President
and Vice-P -Presidet OF the United States. But
in the di charge of that duty 1t acts exclu-
sively under the authority of the laws OF
that state, the Constitution of the United
States having declared that each State shall
appoint in such manner as the Legislature
thereof may direct, a number Of Electors
equal to the whole number OF Senators and
Representatives to which the State may be
entitled in Congress. Not only in the action
OF this Board Independent of State or ma
uonal lava, other than those of Louisiana,
but its determination as 10 votes cast and
candidates elected is final, and
SUBSTANTIALLY CONCLUSIVE,
as appears from q decision of the supreme
Court of that State, reported in the 18th vols
uIne of Louisiana Annual Reports, where
the Court, at page 2tS, says mo statute, cons
ferring upon the Courts power 10 try cases
of contested elections or title OF office, au-
thorizes them to revise the action OF the Re-
turning Borad. We should have to go still
further and revise the returns of the super
visors of the Elections, examine the right of
voters TO vote, and In short, the courts would
become, in regard to such cases, mere officers
for the counting, compilation. and report of
election returns The Legislature has cen
proper to ledge the power 10 decide who has
not been elected in the Returning Board. 1t
might have conferred that power on the
Courts, but 1t did not, Whether the law be
good or bad, 1t is our duty to obey 1t, and not
to legislate."
1t became our duty, Immediately on alriv-
ing in New Orleans to thoroughly under.
stand the CO -structive powers and duties of
this Board, and to examine with care the
Statues under which II was bound to act, and
enough has been written to show that a
tribunal charged with such duties, and In
vested with such powers, the members of
ate, is entitled 10 the respect of all citizens,
until IL shall be forfeited by violation of its
jucicial or ministerial obligations
John Sherman, E.W. Stoughfon,
]. II. Van Allen. Eugene Hale.
A. Garfield, Cortland Parker,
W. ID. Kelley, Sidney Clark,
J.C. Wilson.