The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1876-11-18

oi tts Oidcefs IS 10 Tie manner III
which they shall perform ministerial
or Judicial duties imposed on them by
its laws, and should we, being s,rang-
ers and without official functions, st
tempt this, we should be condemned
by the people of every State In the
Union for an improper Interference
with local administration.
The following extract from the laws
of Louisiana shows that the capvassinp
board is expressly required in certain
cases TO exercise Judicial rs well a.
ministerial functions:
Section 8. That in such canvass ami
compilation the returning officers
shall observe the following order
they shall compile first the statements
frcm all the polls or voting places si
which there shall have been fair. free
and peaceaoie registration and elec-
ton.
Whenever from any poll or voting
place there shall he received the state.
uient of any supervisor of registration
or comm issioDer of election In form
as required 10y section % of this act, on
thiuaNit WI tuEct Ut tDoTt tttALtuct Vt
any rist, tumult, sets OF violence, in
tiinidatiou. armed disturbance, bribery
or corrupt Influences, which prevented,
or tended TO prevent a fair, free ana
peaceable vote of all qualified electors
entitled to vote at such poll or voting
place. such returning officers shall not
canvass, count or compile the state
/ ments OF Votes from such poll or voting
place until the statements from all
other polls or voting places shall have
been caDvassed and complied. The re-
| turning officers shall then proceed to
investigate the statements of riot, tn
mutt, acts of violence, Intimidation.
armed disturbance, bribing or corrupt
/ Influences al any such poll or voting
| place; aud II from the evidence of
such statement they shall he con-
WINGED that such riot, tumult, acts OF
violence, Intimidation, armed disturb
ances, bribery or corrupt influences aii
/ not materially interfere with the pa
| rity and freedom OF the election az such
| poll or voting place, OF did not prevent
a sufficient Number of qualified voters
/ thereat from registering or voting
TO materially change the result
of the election, then and rot
otherwise said returning officer
shall not be fully katissie,i Il
shall Sc their duty TO examine further
tessinIory in regard thereto, and 10 this
end tnsy shalt have power To sead iar
/ persons ami papers. III, after suasI an
examination, the said returning ETH
GERS shall be convinced that said riot,
iumult, acts of violence, iniimifsii IA,
armed disturbances. bribery, or cor.
rupt Influences, did materially interfere
with the purity and freedom of the
election of such poll or voting place, or
did prevent a sufficient number of the
qualified electors thereof from regis
tering and voting to,materiaily change
the result of the election, then the said
returning officers shall not canvass oI
compile the statement of the votes OF
such poll or voting place, but shall eX-
einde IL from their returns; provided
shst any person interested in said
election by reason of being a candi
ate for office shall lie allowed a hear
ing before said returning officer.
| upon making application within the
time allowed for the forwarding of the
returns of said election.
Hence, if there are any facts 'whicl
require the judgment of the boarC
upon the validity of any election tfa
is returned, as affected by such fraud,
4 or violence, it would be mapifes
| interference with State rights ant
local seii-governmeDt for persons like
ourselves, without official right, to
| attempt To influence OF control its ia.
| dicial action. Had a CORES pondinl
/ board in the State of New York in ls6s
been authorized 10 pass upon the fraud
uleDt returns of votes of the CITY o.
| New York for that year, and had q
delegation OF citizens of Louisiana
however respectable, attempted To in.
huence its judicial action upon the
facts presented 10 IL, under the laws oil
that State, such attempt would have
been universally condemned II
/ the duties of the canyassiDe
board of Louisiana were merely min
isterial or clerical, as in The case of al
officer charged by law with the duty
| of verifying and declaring the result
| OF an election and invested with ne
disci elton, a. where the President o.
the Senate counts and declares the
votes OF the electors Of the several
States in the election of a President
and Vice President, under the coustitu
ton of the United States, different
case would be presented. This IL, in ouI
Judgment, vital TO the preservation OF
constitutional liberty; that the habit
4 0f 0hefianGR tho nd L. nj.
should be zealously ineeicated and
cultivated, and that the resort to extra
constitutional modes of redress fol-
even actual grievances, should be
avoided and condemned as revolu.
tionary and tending To disorder and
anarchy. To reduce the whole question
therefore, to the mere clerical duty 81
counting tie votes actually cast, rs
| proposed Icy You, in distinction from
che votes legally east and returned, in
respective of the question whether
they are frRGGulentiy and vinieut
| Is cast or otherwise violated.
Involves a notification oftiss provisions
Of the laws 81 L"uisi4na, which have
already been a5judiesttd as valid hY
the Supreme court, ana would be
| wholly upjustifiabie here, as well SIS Is.
any other Stale of the Union, which
has provided laws to protect the rights
of the voters aud purity of the ballot
We cannot therefore, concur in your
proposition for a conference on tina,
basis. Very respectfully,
ohio-John Sherman Stanley Matthews
J. !. Stevens, " r. Noyts, j. A. Garrield'
lea. -
Iaryiaod-c Irving Ditty.
PensS ivania--D. ksiley. Ii. =. Quay
Maine-Eagene ii ale.
iAniana-- Vim. Cumback, John Coburn
Iowa-H. ". Mc6rsw, ]. a. X assop. j. W.
Chapman, W. X. Smith
Iiiihnis-R. Heyen. Aooer Taylor.
Missorri-e. b. Taryeil.
kansss-sidney Clarke, ]. c. Wilson.
To the Hon. J. D.. Palmer, Lewis V. Rory
l.y maa Trumbcii, James Rroadhead n,
Il Morrison and others. present at the re
guest OF the Chairman of the democrats.
National Committee.
Note filed at . o'clock p. m con
eluded at 2 p m.
THE PROGRAMME IN DETAIL
The Republican plan is now Through
the returning board, to throw out the
votes OF the following parishes which
give the following State majorities for
TiIdeD East Feliciana. ], 74s; West
E.st,.fe,,a 4GS n...ah,.. 49,