The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1876-12-21

III IL lUlUlhJSTldl, 30 ldI db unoCto WV
jurisdiction of the Returning Board
whether the act of 1870, relating to the
appointment of Presidential Electors, IL
repealed or not. If repealed, there is nc
law in Louisiana for the appointment o
Presidential Electors; if not repealed
then the canvass of the returns cast fol
such Electors must be- made by the Gov
ernor, in the presence of the Secretary o
State, Attorney General, a Judge of the
district in which the seat of Government
may be established, or any two of them
as required by the act of 1870, and in
making such canvass they would be con-
fined to an ascertainment of the persons
elected, according to the returns, without
AUTHORITY to reject votes. In no event
can the Returning Board have jurisdic-
tion of the returns Of Electors of Pfesi-
dent and Vice President and their can
vass of the same is therefore nullity and
entitled to no respect from any one. In
another aspect it may be important to de-
termine whether the act of 1870 is re-
pealed, Orifit is. the statutes Of the State
provide no mode of Hing vacanciesin the
Electoral College, and it is understood
that two of the Electoral candidates on
the Republican ticket held Offices oftrust
or profit under the United States at the
time of the election. and could not there
fore he appointed Electors.
Other objections were made to the ju.
risdicton Of the Returning Board. That
it was Anti. Republican; that it was in
conflict with the Constitution ofthe State,
in that it undertook to exercise judicial
functions, and in that with only four
members it was not legally constituted
The election law declares THAT five
pesons, to be elected by he Senate from
all political parties, shall be the Return
ing Officers for all elections in the State,
a majority of whom shall constitute
quorum, and have power to make the
returns of all elections. In case of any
vacancy by death, resignation or other
wise, by either of the Board, then the
va ,ancv shall be filed by the residue of
the Board of Returning Offices"
The present Board consists Of on ly four
members to.wIt j. Madison Wells, 7.
C. Anderson, G. Casanave and Louis
Kenner, one of whom T. G. Anderson, |
was candidate for State Senate at the
recent election on the Republican ticket
All are members of the Republican party. |
They are the same persons who consti-
tute / the Returning Board in 1874, and |
canvassed the election returns of that
wear, and of whom a Committee of the
House of Representatives of the United
States, composed of Messrs Hoar Wheel
er, Fry. Foster, Phelps, Marshal and tot.
ter, after careful investigation of its ac
ton, said: "We are constrained to de-
clare that the action Of the Returning
Board, on the whole, was arbitrary, un-
lust. and in our opinion illegal"
The vacancy in the Board, occasioned
by the resignation of Oscar Arroyo, in
December 1874, has never been filed,
although repeated applications by the
representatives of the Democratic Con
servative party of the State and its can.
didates have been made to the Board to
fill the same. The foregoing Committee
of the House of Representatives, com {
ment n on the ftilnre o'the 30 r to fill
the vacancy in 1874, when it occur d,
said: "YOur Committee think the law /
as to the constitution of the Board as I
not complied with" If this view be cor i
rect, the Board is not so constituted as to :
have authority to act at dll. a
The entire clerical force appointed by f
the Board at its present session to com. Il
pile the votes cast is also Republican, and il
the Board r. fused an application to APP $
point any clerk or to allow any person of ii
The opposite party to be present to wit a
ness the compilation, and even excluded a.
The United States Supe visOrs of Election .
under the act ofCongress. II
The laws of Louisiana require a regis q
ration ofvoters every two years by Of tt
icers appointed by the Governor of the al
State, the registration to commence the t.
asst Monday of August preceding the gem R
,ral election in November The election C
aw of the State contains the following fir
provisions for conducting The election, bC
making returns, &c, to wit: tu
"Sec. 26 Be it further enacted. &C., vt
hat in any parish. precinct, ward, city az
# town in which, during the time of re- TIL
iStratiOn, or revision of registration, or at
ny day of election, there shall be any FRI
lot tumult, acts of violence. intimi lation sh
nd disturbance, bribery or corrupt in, ac
uences at any place within said parish, tn
r at or near any pool or voting pl@ce, or di
lace of registration or revision of regis pu
ration, which riot tumult, acts of vio- Pc
,nce, intimidation and disturbance, br-
cry or corrupt influences shall prevent tn
r tend to prevent fair, free, peaceabIe Iy
nd full vote of the qualified electors of an
lid parish, precinct, ware, city or town. sh
shall be the duty the Commissioners po
Election, if such riot, tumult, acts of "
olenCe, Intimidation and disturbance, Re
ribery or corrupt influences occur on tie
le day of election, or of the super an
sors of registration ofthe pari n, ,ifthey to,
cur during the time of registration or to
vision of registration, to make in dup sut
cate and under oath, clear and full off
atement of all the facts relating thereto, tut
I'd of the effect produced by such riot, arr
mutt, acts of violence, intimidation and flu
sturbance, bribery or corrupt inhu- pu
ices in preventing fair, free, peace. SUI
,le and full registration or election, and s
the number Of qualified electors de. ors
rred by such riots, tummult, acts of to
olence, intimidation and disturbance, ele
'bery or corrupt influences, from re- she
stering or voting; which statement me
all also be corroborated under oath by pla
rec respectable citizens, qualified cleo tur
rs of the parish. When such statement est
made by Commissioner of Election, C,
Supervisor of Registration, he shall hes
rward it in duplicate to the Supervisor upC
Registration of the parish; if in the allc
" of New Orleans, to the Secretary of ing
ate, one copy of which, if made to the |
pervisor of Registration shall be for Wis
lrded by him to the returning officers Boz
divided for in section two of this act, tina
len he makes the returns of election in of t
) parish. His copy of said statement TO
all be so annexed to his returns of cleo of t
IN by paste, wax or some adhesive sub. pro
lnce, that the same car be kept to- dut
ther, and the other copy the Super Coz
jor Of Registration shall deliver to the visC
ERIK of the Court Of his parish for the furt
, of the District Attorney. and
Sec. 49, Be it further enacted, &C., ers
at it shall be the duty of the Commits selS
ners of Election at each poll or voting fore