The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1876-12-14

could be effected in the nature and purposes d
those who had been their owners, and who re
pudiated the idea Of being placed upon term
of civil equality with them. It was eviden
that a fair election could not be held in parishe
containing any considerable maiorityaof coloret
votes, and hence the act of 1870, acquiesced il
by both political parties and amended in 1872
was passed creating returning board, author
lied to sit in New Orleans, having suprem.
authority to canvass the votes cast throughou
the entire State, and authorized, il convinces
that riot tumult, acts of violence, intimi
dalton, armed disturbance, bribery, or cor
rupt influences had prevented voters
from registering or had materially
interfered with the purity or freedom of cleo
ton al any polls or voting places, or had
materially changed the result of the
election, to exclude the votes cast at such
polls or voting places from the final count.
This law, with some amendments not materi-
ally changing it's nature, is that under which
the present Returning Board Of Louisiana is
now organized and sits. Tha some such
independent tribunal was necessary for the
protection OF the legal voter, and as check
upon the violence and intimidation which had
before prevailed throughout the State no one
can deny. 1t will be seen when the statute
organizing this board and defining it's duties is
examined how inadequate are it's provisions to
afford full relief against the wrongs it was de.
signed to prevent. Thus the powers Of the
board are limited to the rejection of votes
polled for the causes stated, while it cannot in
any case add to the returns votes which would
have been polled but for the intimidation,
violence, etc., mentioned. To illustrate,
! will refer to the five parishes of East and
West Feliciana, East Baton Rouge, Morehoure
and Ouachita, which appear, as the evidence
disclosed, to have been especially selected for
the preparation of such violence and inSimi-
dation as should be necessary to prevent Re-
publicans from casting any considerable vote
in either, In each and all OF these there is q
large Republican majority. In all of them the
white voters registered for this year numbered
5, 1884, ald the colored 1924, majority of
8, Ito. If, by intimidation and violence, the
Democrats could secure in each of these par
lshes majority, an immense gain would thus
be achieved, for if the board should, upon the
canvass, reject the vote Of all, it would be
powerless to administer that complete justice
which would consist only in declaring for the
Republicans such majority in each parish as,
but for intimidation and violence would have
been cast for their candidates. helaw, there
fore, in this but provides a partial and made
quate 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 exam
med and weighed, it will be found, as
we believe, that the returns by it excluded
for the causes mentioned are generally
from polling places which, but for intimida-
ton, violence, outrage and murder, would have
given Republican majorities, thereby greatly
increasing that declared by the board. In con-
fidering it's 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 of judicial discre-
ton, reject votes for the causes mentioned,
it cannot upon so doing return any not
actually cast. 1t will therefore, readily occur
to any one that careful selection by political
managers, of certain parishes known to have
large Republican msjorities for scenes of in
timidation and violence, in the belief that the
other parishes within the State would enable
them to carry it for their party even
should their majorities in the parishes thus
selected be rejected, might we'll be favorite
method for achieving success, and as we pro-
coed it will be apparent that sucn WAS the mode
adopted to carry Louisiana for the Democratic
party, while from the very nature of the mis-
chief to be remedied the law could but par
TALLY repair it. The statute under which the
board acts is so framed as to prohibit the re-
lection OF votes cast at any poll or voting
places unless certain solemn formalities are
first complied with, which must be supple
mented by the testimony Of witnesses. The
statute organizing the board declared in sub
stance that whenever, from any poll or voting
place, there shall be received by the board the
statement OF any Supervisor Of Registration or
Commissioner of Election, confirmed by the aft
davts of three or more citizens, of any riot, tu-
multi acts Of violence, intimidation. armed dis
turbance, bribery or corrupt influence, which
prevent or tend to prevent fair and peaceful
vote of all the qualified voters entitled to vote
at such polls, the board shall proceed to in
vestigate the facts, and If, from such state
ments and affidavits, they shall be convinced
that such causes did not materially interfere
with the purity and freedom of such election,
or prevent a sufficient number OF qualified
voters from voting to materially change the
result OF the election, then such vote shall be
canvsssed and compiled, but if they are not
fully convinced it shall be their duty to examine
further testimony in regard thereto, and to that
end shall have power to send for persons and
papers, and it, 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 voters from registering or voting
to materially change the result OF the election
then the board shall not canvass or compile
the votes of such poll but shall exclude it
from their returns. Nothing could be more
simple or more just than these provisions.
They are, for the reason before stated, made
quate TO secure the administration o. COM
plete remedy, for it may be fairly said that il by
reason Of violence and intimidation committed
in the interest Of one political party the adher-
ents of another are restrained from voting
through fear, an equitable remedy il practica-
BILE, for the outrage would be to count in favor
Of the injured every vote they lost. The as
certainment of this being however difficult the
statute Of Louisiana has provided only for the
rejection OF votes and it is worthy Of remark
that the most fragrant cases submitted to the
board have, as proven, occurred in parishes
where the Republican registered vote would
have been cast but for intimidation and vio-
lence largely exceeding the registered vote OF
the Democratic party. Il. n.4l .ltId
We nave thus alluded 70 some Of the causes
which led to the creation of this board, and
have also called attention to it's duties, and
the proof upon which it is authorized to act.
1t is tribunal established by the laws of
louisiana and entirely independent OF the
laws OF any other State or of the United
States. It is empowered, among other things,
to canvass and finally determine the number
of votes legally cast for electors of President
and Vice President OF the United States but
in the discharge Of that duty it acts exclusively
.Io-, ~