Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1876-12-23

NO. 279
There is no more dangerous form @
self-delusion than that which induce
men in high places OF public trust to vi
olate law, to redress or prevent wha
they deem public wrongs.
| These references to the report of tn
congressional committee upon the actor
OF this same returning board III 1874, AN,
its construction Of the statute, are mad
that the public may know how thi
board and its rulings were regarded b,
prominent gentlemen. one OF them :
candidate for vice-president at the recen
election, at time when its decision di.
not affect presidential election.
WE REGARD IT AS 1ND1spUrABLE
that the returning board has no juris
diction to inquire into and reject the re
turns from any voting place in the state
on account of Intimidation, acts of vic
lence. or other cause mentioned In tn,
statute, unless the foundation for sucl
inquiry and rejection is laid at the tim.
and in the manner provided by til,
statute.
In no case did the supervisor of regis
tration deliver to the clerk of the cour
OF his parish, as required by section 2G
duplicate statement made and sworr
to by the of election, an,
corroborated by three citizens, of an,
riot, tumults, acts OF violence, intimida
ton and disturbance, bribery or corrupt
influences, and OF the facts relating
thereto. occurring on the day of election
nor any like statement of his own that
any such acts occurred during the time ol
registration or the revision of reyistra
ton. When the returns were opened by
the returning board such statements
were found among the papers in few
instances. but not in relation to the par
ishes of Ouachita. Morehouse, EastBaton
Rouge. East or West Feliciana, and such
were tho manifest efforts on the part OF
the officers OF election to conceal their
acts and confuse and mislead persons
interested in proper investigate OF
the facts relating to the election that it
was impossible to determine whether
any such statements had been made by
tho commissioners of election or the su-
pervisor Of registration and attached to
the returns of the supervisor in any
parish in the state at the time and in
the manner required by sections 26 and
43.
This fact leaves the returning board
without jurisdiction to inquire into acts
OF violence. ETC., at the election or DUR
n 4
ty to perform except to canvass and
compile the votes returned, as the re-
turning officers of any other state would
do; and as The returns opened by them
show Il majority for the Tilden electors.
it ought to be an end OF all controversy
on the subject. But as the board, in the
face of these facts. has come to.
THE EXTRAORDINARY CONCLUSION
to declare that the Hayes electors have
a majority, it is proper to look further
into its action.
The first meeting OF the board attend
ed by us was held November 20, at which
an application in behalf of the candi-
dates on the cratic-conseryative
ticket that I'll the proceedings of the
board should be public, and the inter-
ested candidates should have leave to be
present, by themselves or counsel, at
the opening Of the returns, with the
right to inspect the same, was refused,
and certain rules were adopted, against
several OF which protests were filled,
and particularly against rule nine, which
declared that,
"9. No ex-parte affidavi.s or state
ments shall be received in evidence ex-
cept as basis TO show that such fraud
intimidation, or other illcgai practice
had at some poll. requires investigation:
but the returns and affidavits authorized
by law. made by officers of election, or
in veritication OF statements as required
by law. shall be received in evidence as
prima .tacie."
Under this rule several hundred ex-
parte afidsvits preparing and sworn to
in New Orleans, charging intimidation
and other illegal acts in distant parishes,
were then put into the envelopes inclos-
ing the supervisors consolidated re-
turns, which had been brought to the
city OF New Orleans and kept open for
the purpose. This was done to support
statements of intimidation or other llle-
gal acts interpolated by supervisors,
long after their consolidated returns had
been made out, and sworn to as correct
and been filed with the proper district
clerk without any protest or allegation
OF intimidation or other acts OF violence.
The proceeding of the board in ex-
ecutlve session. to which we were ad-
mitted, consisted in opening the returns
from each parish and examining the
vnkoQ mi. =
protest OF objections appeared among
The papers and there was no outside
protest from any one. the returns were
sent to a private room to be tabtilatej
BY the clerks, all of whom were repub-
leans, who
KEPT THEIR ACTIONS SECRET.
II any protest was found among the
papers, or from outside parties, the re-
,urns were laid aside, to be afterwards
considered by the board in secret In
he few cases in which there were char.
yes OF fraud, intimidation or otner ille-
,al acts, the candidates or their attorneys
we're permitted to take copies of the
charges and testimony taken on written
which were submitted in
'egard to such parishes.
December 2. after all the returns had
'een opened, the board went into secret
ession. and We were not permitted to
zee the compilation Of returns already
made, nor to know what rules the board |
'depted in passing upon contested
ases, nor the processes by which It ar
lved at results.
We have been furnished triplicate.
II certified copy OF the duplicate state
nent of the commissioners OF electioa at
ach voting place in the state, from
which has been compiled consolidated
tatement of the entire vote OF the state
Or presidential electors
From this statement. which we be-
leve to be accurate, the majority tor
he highest Tilden electors over the
owest Hayes electors is 1857, and the
aajority for the lowest Tilden elector
yer the highest Hayes elector is $500.
The returns in our possession Cores
ond precisely in most cases with
hose opened by the returning board.
he difference in the aggregate arises
lainly from the fact that the board did
OF have all the returns before it, The
upervisors, all of whom were republi-
ans. many of them employees in the
ustom-house in New Orleans, some
on-residents of the state, and one of
lem