The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-11-17

voting place till the statements
from all other polls or voting places shall
have been canvassed and compiled. The
returning officers shall then proceed TO
investigate the statements Of riot, tumult,
acts Of violence, intimidation, armed dis.
turbances, bribery or corrupting inau.
ence at any such poll or voting place, and
il from the evidence Of such statement
they shall be convinced that such riot
tumult or acts Of violence, bribery or cor.
rupting influence did not materially In.
teriere with the purity and freedom Of
the election at such poll or voting place,
or did not present sufficient number Of
qualified voters thereat from registering
or voting to materially change the result
Of the election, then and not otherwise
said returning officers shall canvass
and compile the vote Of such poll
or voting place with those pre-
yiously canyassed and compiled, but
II the said returning officers shall not be
fully satisfied thereof, Il shall be their
duty TO examine further testimony In
regard thereto, and they shall have
power 10 send for persons and papers.
II after such examination the said re-
turning officers shall be convinced said
riot, tumults, acts OF violence, intimida-
ton, armed disturbances, bribery or cor.
rupt influences, did materially interfere
with the purity and freedom Of the elee.
ton at such poll or voting place, or did
prevent sufficient number oil qualified
electors .thereat from registering and
voting TO materially change the
result Of the election, then said
returning officers shall not canvass or
compile statement the votes at the polls
or voting places, but shall exclude them
from their returns, provided any person
interested in said election by reason OF
being 4 candidate for Office shall be al
lowed 6 hearing before said returning
officers by making application within the
time allowed for the forwarding OF the
returns OF said election thence. II there
are any facts requiring the judgment
OF the Board on any election or returns
affected by such frauds or violence, it
would pc manifest interference with
State rights or local self.government for |
persons like ourselves, without official
right, to attempt to influence or control It's |
judicial action. Had Q corresponding |
board in the State Of New York in 1858 |
been authorized to pass upon the frAudu-
lent returns OF the votes OF the city Of
New York that year, and delegation OF
the citizens Of Louisiana, however respec.
table, attempted to influence It's judicial
action under the facts presented to 1t un-
der the laws Of that State, such attemptI
would have been universally condemned.
If the duties OF the Canyassing Board Of
Louisiana were merely ministerial or
clerical, as in the case Of any officer charg-
ed by law with the duty Of verifying and
declaring the result OF any election and
investigation, with no discretion, as when
the President OF the Senate counts and
declares the votes Of the electors Of the
several States in the election Of President
and Vice President, under the Constitu.
tion OF the United States, different
question would be presented. tis in our
judgment vital 70 the preservation Of
constitutional liberty that the habit Of
obedience to the forms Of law should be
sedulously inculcated and cultivated, and
that the resort to extra.constitutional
modes Of redress for even actual grew.
ances should be avoided and condemned
as revolutionary, disorganizing and tend.
ing to disorder and anarchy.
To reduce the whole question, there |
fore, to the mere clerical duty Of counting
the votes actually cast, as proposed
by you, in distinction from the
votes legally cast and returned, ir-
respective OF the question whether
they are iraudplently or violently cast
or the law otherwise violated, in
wolves . notification Of the pro-
visions which have already been ad-
Indicated as valid by the Supreme Court
and would be wholly unjustiiable here as
we'll as in any other State Of the Union |
which had provided laws to protect the |
rights Of voters and the purity OF the bal.
LOT. We cannot therefore concur in your
proposition for aconference on that basis.
Very respectfully,