The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1876-11-24
CoUNrING TILE VOTE.
Continuation Of the InVesGI-

mp to the 10th, of the sending d
government troops to Louisiana
and Florida, and the visit to those
states of prominent dem ocrats and
republicans from northern states t.
see how their votes were canVassed
Our account then closed with let
ter from the democrats to the re
publican visitors in New Orleans
inviting the latter to joint confer
ence to decide upon q plan of in
specting the actions of the return
ing board which is to count thu
votes and decide the result. The
republicans replied as follows:
New ORLEANS, La, Nov: 16. '76
GENTLEMEN The majority Of
the undersigned, TO whom your
note of the 14th inst. was address
ed, only arrived in this city yester-
day evening. We have therefore
been unable to reply until this morn
ing, and can only regret that your
communication should have been
given TO the press immediately up.
on its delivery and without the pos
sibility of an answer accompanying
it. You remark that you are in
formed that we came at the request
Of the President to see that the
Board of CanvasserS make a fair
count of the votes actually cast, and
ask that we meet and confer in or
der. that such an influence as we
possess may be exerted on behalf OF
such canvass of the votes actually
cast as by its fairness and impartial
ity shall command the respect and
pie of ali parties. We join heartily
with you in counseis of peace and
in the expression of an earnest de-
sire for perfectly honest and just
declaration of the results of the re-
cent election in Louisiana by lite
lawfully constituted authorities,
and we may add that we know of
no reason to doubt that such a dec
laration will be made, but we do
not see the propriety or utility of a
conference on the basis and subject
to the limitations you propose, for
we have no such duty imposed on
us, and, as suggested by the clause
of your note frat quoted, we arc at
most requested to be
WITNESSES OF WHAT SHALL OCCUR
in the canvass of the votes, without
power or legal influence over the
result, or over the means by which,
under the laws of Louisiana, the re-
suit is to be determined. We can
MT dnnhf that ASSnnfInFH
will concur with US. We are here
as private citizens, with no official
powers. We, therefore, cannot su-
percede or modify any laws of that
State, nor have we any right to con-
troll or influence any of it's officers
as to the manner in which they
shall perform the ministerial or ju-
diciaI duties Imposed upon them by
it's law, and should we, being strang-
ers and without official functions,
attempt this we should be condemn
ed by the people of every State IN
the Union for an improper inter
ference with the local administra-
ton. The following extract from
the laws of Louisiana show
that the Canvassing Board is
required in GER
tain cases to exercise judicial as
well as ministerial functions:
"Section 8. That IN such canvass and
compilation thu returning officers shall
observe the following order: They shall
compile first the statements Fl ON all polls
or voting places at which there shall have
been a fair, tree, and reasonable registra-
ton and election. Whenever from any
poll or voting place there shall be receiv-
cd the statement of any supervisor of reg
istration or commissioner of election, in
an affidavit OF three or more citizens OF
any riot, tumult, acts Of violence, intimi-
dalton, armed disturbance, bribery, or
corrupt influences which prevented or
tended to prevent fair, free, and peace
able vote of ali qualified electors entitled
to vote at such polls or voting place, such
returning officers shall not canvass, count,
or compile the statements from such poll
or voting place until the statements from
all other polls or voting places shall have
been canVassed and compiled. The re-
turning officers
SHALL THEN PROCEED TO INVESTIGATE
the statements of riot, acts OF violence,
armed disturbances, bribery,
or corrupt influence, at any such poll or
voting place, and il from the evidence of
such statement they shall be convinced
that Euch riot, tumult, acts of violence,
armed disturbance, bribery,
or corrupt influence did net materially in
terfere with the purity and freedom of
the election at such poll or voting place,
or did not prevent sufficient number of
qualified voters thereat from registering
or voting to materially change the result
of election, then, and not otherwise, said
officers shall canvass and COM
pile the vote of such poll or voting place
with those previously eanvassed and COM
piled. But if the said returning officers
shall not be fully satisfied thereof, it shall
be their duty to examine further testlmo-
ny in regard thereto, and to this end they
shall have power TO send for persons and
papers. II, after such, examination, the
said returning officers shall be convinced
that said riot, tumuit, acts of violence,
intimid All IN, armed disturbance, bribery,
or corrupt influences, did mate rally in
terferc with the election at such poll or
voting place, or did prevent q sufficient
number of the qualifIed electors threat
from registering and voting to materially
change the result OF the election, then the
said returning officers shall not canvass
or compile the statement of the votes of
such poll or voting place. but shall ex-
clude them from these returns: Provided,
that any person interested in said election
by reason of being candidate for office
shall be allowed a hearing before said re-
BURNING officers. upon making application
ing Of returns OF said election"
Hence, if there are any facts re-
luiriDg the judgment of the board
upon the validity of any election or
returns, as affected by such frauds
Or violence, it would be a manifest
WITH STATE RIGHTS
and local self-government for per-
sons like ourselves, without official
right to attempt to influence or con-
lest its judicial election. Had 9
corresponding board in the State of
New Y0rk In 1868 been authorized
to pass upon the fraudulent returns
IF the votes of the city of New
York that year, and a delegation of
citizens of Louisiana, however res
pectable, attempted to influence its
Judicial action upon the facts pre-
sented to it under the laws of that
State, such attempt would have
been universally condemned. Ifl
The duties of the canvassiDg board
Of Louisiana were merely minists-
rial or clerical, as in case of an off,
;er charged by law with the duty of