The New York herald., 1876-12-12
Report Of the Democratic Visitors
from the North,
CHARACTER OF THR RETURNING BOARD
No Authority Under the Law to Canvass
the Electoral Vote.
Arbitrary, Unreasoning and IL
legal Action.

:
witness the canvassng OF the by the Louisiana
Returning Board--
The Returning Board OF Louisiana, having this day
promulgated as the result Of the recent election IN
that State that the Hayes and Wheeler candidates for
electors received majority OF the votes We Who by
invisation wachod tho proceedings OF the Board IN
cret session, deem IL duty TO lay before you
the public such facts connected with tho election and
the returns as WILL we think, clearly show tina. the ac
tion Of the RETURN Board IN procaimng the election
Of the Hayes electors is arbitrary unfair aud without
warrant Of law, and ADOPT applicable to this
vass the language OF report 10 the United States
House OF Representatives In 1875, by George f. Hoar,
w. A. Wheeler and William l.. Fry IN regard TO the
Of 1872, in which they say--.The called
OF kellogg seems TO us 10 have no validity. and
the language OF this report upon the condition OF
Louisiana in lS75:"In tho state OF Louisiana there
Governor in Office who owes his seat TO the inter-
terence OF the national power which has rccog nized
his title to his Office not by reason OF any ascertain
mcnt OF The acts by legal process but has based It's
action solely on the illegal order OF a Judge.
Sin the State there is a Legislature one branch
OF which derives its authority partly IRON the
have been established powerb another interference
OF tho national government, and which majority de-
rivcs It's title not irem any legal asccrlnnment Of tho
facts, but from the certificates oi returning board
which has misconcelved and exceeded It's legal au-
thorty"
PROTEST AGAINST JURISDICTION
November 1S 1876 before the Returning Board COM
menced the canvass Of the electoral VOTE tho candi
dates Tor electors he democratic ticket presented
Of The votes relating to tho samo This pro-
summariy overrucd by tho Board without
aifordng an opportunity icr argument Noicga prop
oson, IN our OPINION, is clearer than that the Board
mistaken TO its powers, and that it had nothing
whatever TO do with the electoral vote.
THE LOUISIANA ELECTION Law.
fThe report here reviews the question as TO whether
the Louisiana Election law Of 1870 repealed by
existing law of 1872 arguing that IL so repealed tho
law of 1872 gives power to the Returning Board 10
canv tha vOt nj an od
the provisions oil tho law OF 1870 sl in and
the authority to vests others than the Re-
turning Board.l
Other objections were made to the Jurisdiction Of tho
Returning Board; that IL was ant-repubcan; that II
conflict with the constitution oil tho state,
that undertook to judicial and
that. with only iour members. 1t was NOT legally
stitutcd.
The election law declares that nvo persons. to bo
elected by the Senate from all political parties, shall be
the returning officers for all elections in the State
majority 0i whom shall constitute quorum and have
power to make the returns OF all elections In Of
any vacancy by death. resignation or otherwise, by
either Of the Board then the vacancy shall DO filed by
the residue OF the Board Of Returning Officers.
CHARACTER THE
The present Board consists OF only four members. to
witt. Madison Wells, T. {. Anderson, G. Casanave
AMI LOUIS NJ. kenner, one OF whom I G. Anderson,
was candidate for the State Senate at the recent cleo
tion on the republican ticket All are members or tho
republican party. They nre the same persons who
constituted the Returning Board in 1874 canvasscd
the election returns oi thai year. and OF whom COM
mittee Of the House OF Representatives OF the United
States composed OF Messrs. Hoar, Wheeler. Fry Fos-
ter, Phelps. Marshall Potter, after invests.
CATION its action, said - tWe constrained de-
clare that the action OF the Returning Board. the
whole, was arbitrary unjust and, IN our opnon ilc-
gal"
The vacancy in the Board occasioncd by the resig-
nation OF Oscar Arroyo IN December 1874, has never
been lled although repeated applications by the rep
resentatves OF the party of
tho State aud its candidates have been made TO the
Board to I'LL the The foregoing committee OF the
House OF Representatives. commenting on tho failure
OF the Board 10 fill the vacancy in 1874 when II
red SAID --"Your committee think the law as 10 the
constitution OF tho Board was not complied with. =
II tins view be correct the Board is not constituted
us to have authority TO act at all
The entire clerical force appointed by the Board at
Its present session to compile tho votes cast Is also
republican, ana the Board refused application TO
appoint any clerk or TO allow any person OF tho oppo
party be to witness the and
cxc!aded tho United States Supcrv isors Of Eec
tion under the act Of Congress.
The Board then rcctcs tho law OF Louisiana In refer
ence TO elections and contnu ucs-
POWERS OF THE BOARD
Under section OF the foregoing provisions II Will
DO that the auty of The Board OF Returning on
most oi the other states OF the unon-simpy ITO
aud compile the statements OF the comm
election" and proclaim the result. and this
whole duty OF tho Returning Board, unless the CON-
missioncrs OF election or The supervisor U par
ish imposes upon It further duty provided in Sec
tons rs and l3. In commenting upon the powers Of
tho Returning Board we avail ourselves OF the ablo
argument Of Judge spoiord made before 1t.
now INTIMIDATION MUST d. SHOWN.
No one has the light TO attack tho returns from airy
poll, ward parish in the State oil undue
influence, intimidation other acts OF violence un-
less the foundation therefor be nrst laid by the
statement oil the commissioners OF Election at the
particular poll # tho acts secured on election day
or of the Supervisor OF Registration OF the parish
II they occurred during registration, as pro
vidcd in sections 2d and 3. The Board has
statements OF outside parties TIL the proper Com
oi Election and supervisor have spoken. Nor
has the Board been invested with tho power 10 inst-
tute complain against any poll, cx oico or OF its
own motion. II cannot blot out or ial TO count a
solitary vote returned, unless legal foundation has
been laid Tor inquiry by the supervisor oi tho parish
where the vote was cast, or by one Of the Commis-
sloners OF Election reporting through such super
visor; aud even they-tne supervisor aud com
mssioDer-caL only lay foundation for in
curry in the Board by making ana forward
ing in tho prescribed manner their official
statements y contc m porancously with their returns
tho very form set forth section 20 of the act
IN question. Cha'enghg the votes OF whole ci,,es
and parishes. by unofficial persons cyen though they
are candidates, is startling and awiess innovation
OUTSIDE PROTESTS
No outside protest can be entcrtaned because even
atupcrvis0rs statement can receive dcration
by the Board but must be wholly s.egaraed, unless
made time and in manner sSvh ich no OUTSIDE
party could possibly comply WITH HIS ''s,atemenrt Tor
thai OF his subordinate commissioner must form
integral part OF his return and Official report u can
be made at different. time and place IRON tho
return TO which tho law requires u TO be attached
'by paste, wax or some other adhesive substance y
anu duplicate thereto must be lodged by him with
tho clerk Of the court OF his parisn; 1t must be made
under oath; IL must be a clear and iu statement Of
all the facts andoi the elect produced thereby
Sucn o statement, so annexed, and sent by mail Is
only kind OF statement the Board notice al all
10 institute an inquiry into Intimidation, &c. Tho
intent OF the law Is plain and indspuabe that all the
Supervisors should be engaged simultaneously Ia their
several parishes. in completing thor returns and
statements the spot where the election held,
without comrunc cation with each other with per-
sons beyond the parish, and before they can obtain
INFO rmation OF what has been done IN other parishes
or Of the general result
REASONS THE LAW.
And the reason these MINUTE mandatory and I'm.
pcrauvo PROVISIONS Is equally obvious 1t precisely
shut out from consideration by the Returning Boafd
all such post fdco complaints lave been truinpcd
up illegally thrust In here at the last by
Mr. Kellogg, Mr. Packard. Mr. Brewster, and even by
some the supervisor themselves Tho law has not
been Piled with; most OF tho supervisors who have
put in complaints have not written them nj
the proper time and the proper parish; they
have moi annexed them TO their returns and
them by NAL they have brought down their returns
70 tins city with no statement SO annexed, but have
patched up statements here ut improper and
an Improper place. They could only fulfil their duties
hr nnlsh Ihnir nIfa cIcd