Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1876-11-22
the LAW OF Collections land
ThE SITUATION IN LOUISIANA.

THE SITUATION IN LOUISIANA.
An cmihcht jurist of New Orleans
has furnished the Cincinnati Com
mercial Gan Independent paper) the
the following conclusive statement
touching the situation and the cleo
ton laws of Louisiana:
"There seems to be a misappre-
hcnsion in some quarters in relation
to the law in force in Louisiana reg
ulating the veritication of returns. A
statute of 1869, long since repealed.
constituting the Governor. ATTORNEY
General. and a Judge OF the Supreme
Court Board of Convassers has been
rcpublished by some papers ut the
North rs still in force. The statute
now actually in force refers Ito all
elections, including that of Presiden-
tial Electors. 1t provides for board
of five persons to be elected by the
Senate as returning officers, major
itv of whom shall constitute a QUO
rum, and with powers to fill all
vacancies in their body occurring by
death, resignation, OF. otherwise. The
Board is required to meet in New
Orleans within ten days after the
closing of the election. to canvass and
compile the statements of votes made
by the Commissioners of election, and
shall continue in session until their
returns shall have been compiled.
Their returns, duly made and pro-
mulgated, are final and conclusive,
except in eases of contest. When the
law provides for a contest. the return
is prima facie evidence of the fact of
election. The Supreme Court OF
Louisiana, upon law entirely SINH
lar previously in force, have decided
it to be CONSTITUTIONAL, and that the
return of this Board was necessary
foundation of the tenure of an Office.
In making their canvass and compu-
tation the Returning Board are re-
CURED, first, to compile the statements
from all polls or voting places at
which there shall have been a fair,
free and peaceable registration and
election, but whenever from any poll
or voting place there shall be received
a statement of any Supervisor of Reg
istration or Commissioner of Flee
ton, an affidavit of three or more
citizens, of any riot. tnmult, acts of
violence, intimidation, armed dis
turbance. bribery or corrupt influence
which prevented or tended to pre-
vent a fair, free and peaccable vote of
all the qualified electors entitled to
vote at such voting place, the return
ing officers arc required to investigate
their statements, and if, from the
evidence they shall be convinced that
the acts complained Of did materially
interfere with the purity and freedom
of the election, and did prevent a sui.
iicient number Of the qualified elcc.
tors from registering and voting tc
materially change the result of the
election, then the returning officers
shall not canvass orcompile the state
ment of votes of such voting place
but shall exclude it, from, their re
turns. In making this examination
into the facts, when alleged, of intim
idation, ETC., the returning-ofiice ar,
authorized to send for persons ant
papers. The present Board consist
of four persons. there being one va
caney. The members are Gen. Thorn
Us c. Anderson, of St. Landry Parish
formerly and always heretofore
democratic State Senator; ex-Go,
Madison Wells, native of Louisian.
and a Republican; and two colore
mcn.-G. Casanova and Lewis n
kenner. 1t is claimed by some ths
: Gen. Anderson is disqualified frol
acting because he is candidate fc
the State Senate at the recent clcctio
but the law contemplates no such di
ability, and, on general principle
it would not disqualify him. exec
to sit in his own case. NIt is also sa
: that Gov. Wells is disqualified b
cause he is Federal office-holder, b
ing Supervisor Of this Port, but Il
c law of the State does not make this
: disqualification. The right and dn
g of this Board to examine into al
: decide every question of intimidatit
!, and, if satisfied of the fact, to rcjc
8 the return of the polling place whe
1 it occurred, are clear, and are not d
pnted. Some partisans claim that 4
statute is unconstitutional, but 4
Supreme Court Of the State has d
cided otherwise, and its authority
+, final. The real objection, howeve
made by democrats, to the Board
: that ii is partisan. and that its conel
; sions are entitled TO no confidenc
n But it Is the only existing tribun
. known to the law competent to deci,
= the question involved, and its dec
n ion and declaration of the result a
o legally binding on all persons. Tt
II also purely n question of State la
= The Constitution of the United Stat
: provides that Presidential Electo
l. shall be appointed in such manner
: shall be directed by the Legislature
# each State, aud the State authoriti'
= according to the law prescribed
= each State, have the exclusive rig
9 and jurisdiction to determine wi
G shall cast its vote for President al
, Vice President, and where, in case
any dispute, the legally constitute
authorities OF the State have decid
!, and certified the result, that concl
1 sion ought to be. accepted by eve
lover of peace, and of law and ord
and Constitutional Government"