Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1876-12-15

have been especially rejected for tho perpe-
tratlon Of such violence and intimidation as
should be necessary TO prevent the Republic
ans from casting any considerable vote In
either.
In each and all OF these there is a largo
Republican majority. In all OF them the
white voters registered for this year mum.
bered 5,l34, the c0lOred 13,244-a majority
Of S,110. II, by intimidation and violence,
the Democrats could secure in each OF these
parlshes q majority, an immense gain would
thus be achieved; for II the board should,
upon canvass, reject the vote OF all, II would
be powerlcss 70 administer that complete
justice which would consist only In declaring
for the Republicans such q majority In each
parish az, but for intimidation and violence,
would have been cast for their candidates.
The law, therefore, In this but provides for
partial and inadequate remedy for the
grave wrongs from which the colored people
and white Republicans OF Louisiana have
long suffered, and when the proof taken by
the board Is examined and weighed 1t will
be found, ms we believe that the returns by
II excluded for causes mentioned are gen
orally from the polling places which, but for
intimidation, violence, outrage and murder,
would have given Republican majorities,
thereby greatly increasing that declared by
the board. In considering its powers and
duties this important feature of the law
should be borne constantly In mind, for
while that tribunal may, upon proof and In
the exercise ofjudicial discretion, reject votes
for the causes mentioned, 1t cannot upon so
doing return any hut the vote actually cast
II will therefore readily occur TO anyone that
careful selection of political managers OF
certain parishes, known to have large Repub-
lican majoritics, for scenes Of intimidation
and violence, In the belief that other parishes
within the State would enable them to carry
1t for their party, even should their majori-
ties in the parishes thus selected be rejected,
might well be favorite method for achev
ing success, aud, as we proceed, II will be
apparent that such was the mode adopted to
carry Louisiana for the Democratic party,
whilst from the very nature of the mischief
to be remedied the law could but partially
repair It,
The statute under which the Board acts is
so framed as to prohibit the rejection OF
votes cast at any poll or voting places un-
less certain solemn formalities are hrst COM
piled with, which must be supplemented by
the testimony of witnesses. The statute
organizing the board declared in substance
that whenever from any poll or voting place
there shall be received by the board the
statement OF any Supervisors of Registra-
ton or Commissioners of Election, con-
firmed by afidavlts OF three or more clti.
zens, of any riot, tumult, acts of violence,
intimidation, armed disturbance, bribery or
corrupt influences, which prevent or tend to
prevent fair, free or peaceable vote OF all
the qualified electors entitled TO vote at such
polls, the board shall proceed to investigate
the facts, and IL from such statements and
affidavits they shall be convinced that such
causes did not materially interfere with the
purity and freedom Of such election, orprc.
vent a sufficient number of qualified voters
from voting to materially change the result
of the election, then such vote shall be can
vassed and compiled. But II they are not
thus fully convinced 1t snail be their duty
to examine further testimony in regard
thereto; to that end, shall have power to
send for persons and papers; and II, after
examination, the board shall be convinced
that such acts Of violence, intimidation, etc,
did materially interfere with the purity and
freedom OF the election at such poll, or did
prevent sufficient number of qualified vot
ers from registering or voting to materially
change the result of the election, then the
board shall not canvass and compile the
votes of such poll, but shall exclude them
from their returns, Nothing can be more
simple, more just, than these provisions.
| They are, for reasons before stated, made
| quate to secure the administration of a com
pIete remedy, for 1t may be fairly said that
| IL, by reason of violence and intimidation
committed in the interest of one political
party, the adherents of another are restrained
from voting through fear, an equitable rem
| edy, IL practicable, for the outrage would be
| to count in favor Of the injured every vote
they lost. The ascertainment of this being,
however, difficult, the statute of Louisiana
has provided only for the rejection of votes,
and 1t is worthy of remark that the most
fragrant cases submitted to the board have
as proven, occurred in the parishes where
the Republican registered vote, which
would undoubtedly have been cast but fol
intimidation and violence, largely exceeded
the registered vote of the Democratic party
We have thus alluded to some of thu
causes which led to the creation of thiI
board, and have also called attention to iti
duties and the proof upon which 1t is au
thorizcd to act. II Is a tribunal established
by the laws Of Louisiana, entirely independ
ent of the laws Of any other State or of the
United States. 1t is empowered, among
other things, to canvass and finally deter
mine the number of votes legally cast fol
electors of the President and Vice e-Presiden
of the United States, but in the discharge o.
that duty 1t acts exclusively under the au
thority of the laws of that State. The Con
stitution Of the United States having de
clared that {" Each State shall appoint, ir
such manner as the Legislature thereof may
direct, a number of electors equal to the
whole number of Senators and Representa-
tives to which the State may be entitled IL
the Congress" /" not only Is the action of this
other than those of Louisiana, but its deter
mination as to the votes cast and the caRdi
dates elected Is final and substantially con
elusive, as appears from decision of tn,
Supreme Court of that State, reported in tht
twenty. fifth volume of Louisiana annual re
ports, where the court, at page 26S says
No statute comforting upon the courts thu
power to try cases of contested elections, OF
title to office, authorizes them to revise tn,
action Of the Returning Board. II we were t.
assume that prerogative we should have tt
go still further and revise the returns of Su
pervisors of Elections, examine the right OF
voters to vote, and, in short, the cour
would become, in regard to such cases, mere
officers for counting, compiling and report
ing election returns. The Legislature hal
seen proper to lodge the power to decid,
who has or who has not been elected in tn,
Returning Board. 1t might have conferred
that power on the courts, but 1t did not
whether the law be good or bad, 1t Is ou
duty to obey its provisions, and not to legis
late"
1t became our duty, Immediately on arriv
ing in New Orleans, to thoroughly under
stand the constitution, powers and duties OF
this board, and to examine with care tht
statutes under which IL was bound to act
and enough has been written to show tri
bunal charged with such duties and invested
with such powers, the members OF which
were originally appointed by the Senate, II
entitled to the respect of all citizens until II
shall be forfeited by a violation OF its judi
cial or ministerial obligations. The great
national importance Of the duties performed
by the board invested each member with
mucn interest, ana, as many reports had been
circulated concerning them, we were led tc
make some inquiry as to their individual
history. Two of them, Hon. James NJ. Wells
President of the board, and Gen. Thomas q.
Anderson, next senior member, are Southern
born, and of old and highly respectable fam.
lilies. The father of the former was Hon,
Levi Wells, OF the parish Of Rapides, who in
1912 represented 1t in the convention called
TO frame the Constitution of the State OF
Louisiana. The son received liberal edu-
cation and was early engaged in the care OF
planting and other interests OF his father
He was Union man from the time the war
broke out, and although he suffered greatly
by IT, In loss of property, he never faltered
in his devotion to the Union cause. Under
Banks reconstruction scheme he was chosen
Lieutenant Governor, on the ticket with Hon.
Michael Hahn, who was elected Governor,
and upon the election of the latter to the Sen
ate, year after, Mr.. Wells became Governor
OF the State, TO which Office he was almost
unanimously reelected under the recon.
struction plan Of President johnson. His
experience in public life has been great and