Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1876-12-13

Ing any considerable majority OF colored votes.
political parties and amended in 1872 was passed
creating Returning Board, authorized to sit In
New orleans, having supreme authority TO
tire State and authorized. If convinced
that riot. tumult, acts OF violence, intimi-
dation. armed disturbance bribery or corrupt
influences had prevented voters fr IN regis erin
or had materially inieriered with the purity or
freedom OF the election at any poll or voting place.
or had materially changed the result Of the cleo
ton. 10 exclude the votes cast at sufh polls or
voting plTes from the final count This law, with
some amendments not materially chang NJ its
nature, is that under which the present Returning
Board OF Louisiana is now organized and sits
That some such independent tribunal was neces-
sary for the pro ectlon OF legal voters. and as a
check upon the violence and int midation which
had before prevailed throughout the state, no one
can deny. 1t will be seen when the statu o gan
izing this Board and defining its duties Is ex-
amned, how inadequate are its provisions to
afford full relief againrt the wrongs il was de
signed to prevent. Thus the powers of the Board
are limited to the rejection Of votes poled for the
causes stated. whilst it cannot in any case add
to the returns 70 es which would have been
polled but for intimidation. violence, etc. mem
toned. To illustrate the undersigned will
refer to the five Parishes OF East and West
Felicana, East Baton Rouge, Morehouse and
Ouachita, which appear, as the evidence di closes,
to have been especially selected for the perpetra-
ton of such violence and intimidation us should
be necessary to prevent the Republicans from
casting any considerable vote in either. In each
ana ali OF these there Is n large kepuDlilNn ma
iority. In all of them the white voters registered
for this wear numbered 5134. the coored 324i,
majority of S,110. IT, by intimidation and vio-
lence, the Democrats could secure in each Of
these Parishes majority. an immense gain
would thus be achieved. for If the Board should,
upon the canvass reject the vote of all. it would
be powerless to administer that complete justice
which would consist only in de ,aring for the Re
pIbiicans such majority in each Parish as, but
for intimidation and violence, would have been
cast for their candidates. The law, therefore, in
this bat provides a partial and inadequate remedy
for grave wrongs from whichthe colored people and
white Republicans OF Louisiana have long suffered,
and when the proof taken by the Board is exam
ined and weighed 1t will be found, as we be-
heye. that the returns by il excluded for the
causes mentioned are generally from polling
places which but for intimidation, violence out
rage and murder, would have given Republican
majorities; thereby greatly increasing that de-
clared by the Board.
In considering its powers and duties this impor-
tan feature of the law should be borne constant
ly in mind. for whilst that tribunal may, upon
proof and In the exercise of judicial discre ion,
reject the votes for the causes mentioned, it can
not. upon doing. return any not actually cast.
II will, therefore, reaaily occur o any one that
careful selection of the political managers OF
certain Parishes known to have large Republican
majories for scenes of intimidation and violence,
in the belief that other Parishes within the State
would enable them to carry it for their party eveh
should their majories in the Parishes thus selected
be rejected might we'll be favorite me nod for
achieving success, and as we proceed 1t will be APP
parent that such was the mode adopted to carry
Louisiana for the Democr tic par y, whilst from
the very nature of the mischief to b remedied the
law could but partially repair it. The statute un-
der which the Board acts is so framed rs to pro
hib the rejection of the votes cast at any poll
voting place unless certain solemn formalites are
first complied with which must be supple
mented by the testimony of tnesses. TIE
statute organizing the Board declared. in sub
stance. thai whenever from any poll or voting
place there shall be received by the Board the state
ment of Supervisor of Registration or Commits
sioner of Election, confirmed by atlldayits Of
three more citizens. of any riot. tumut act of
violence, intimidati n, armed disturbance, brb-
cry or corrupt influence which prevent or tend to
prevent a lair and peaceful vote OF all the quail
fed voters entitled to vote at such polls, the
Board shall proceed to investigate the facts, and
If. from such TIA ements and arid wits they hall
be convinced that such causes did not mat rally
interfere with the purity and freedom of such
election, or prevent sufficient number of quail
fed voters from voting to materially change the
result Of the election, then such vote shall he
vassed and compiled; but if they are not thus
fully convinced. it shall be their duty TO examine
further testimony IN regard thereto, and To that
end shall have power 10 send Tor persons and
papers, and If, af er examination. the Board
shall be convinced that such acts OF Woe zee in
tmd tion etc. did materially interfere with the
purity and freedom Of election AT said pol, or did
prevent n sufficient number OF qualified voters
from re2s ering or voting to materially change
the result OF the election, then the Board shall
not canvass or compile the votes of such poll, but
shall exclude it from their returns.
olhing can be more simple, more just than
these provisions They are. Tor the reason before
stated inadequate to secure the admins ration of
n complete remedy, for il may be fairly said that
it, by reason of violence and intimidation conf
mitted in he inter SITS Of one political party, the
adherents of another are restrained from voting
through fear an equitable remedy, il practicable.
for the outrage would be to count IN favor Of the
injured every vote they lost. The entertainment
OF ibis being, however difficult, the statute of
Louisiana has provided only for the rejection Of
votes. and il is worthy of remark that the most
fragrant cases subm tied to the Board have, a.
proven. occurred in Parishes where the Republi-
can registered vote, which would have undoubt-
eddy been east but for intimidation and violence,
largely exceeded the registered vote OF the Demo
cratic party.
Ne have thus alluded to some of the causes
which led to the creation of this Board, and have
also called attention to its duties and the proof
upon which it il authorized To act 1t is trbu-
mai established By the avs OF Louisiana, entirely
Independent Of any other state or of the United
States. 1t il empowered. among other things, tn
canvass and fin lily determine the number of
votes legally cast for Electors of President AID
Vice President of the United States, but in the
discharge of that duty IL acts exclusively under
the authority of the laws of that State the Con
stitution OF the United States having declared
that each State shall appoint, in such manner A.
the Legislature thereof may direct, a number Of
Electors equal to the whole number OF Sen
ators and Repr scntatiyes to which the State
may be entitled in the Congress Not only If the
action OF this Board independent of state or
National laws other than those Of Louisiana, but
its determination a. 70 the votes cast and candi
dates elected Is final and substantially conclusive.
appears from decision of the Supreme Court of
that State az reported in the twenty fifth volume
of Louisiana annual reports, where the Court, at
page 2iS, says: +" No statute con'erripg upon the
courts the power TO try of contested elections
title 10 office authorizes them 10 reverse the Gc
tion OF the Returning Board II we to
same that prerOgatite, we should have to 90 still
further and revise the returns of Supervisors Of
Elections. examine the right Of voters to vote,
and. in short. the Court would become in regard
10 such mere office for the count
ing COMP alton. and reporting election re-
turns. The Legislature has seen proper
To lodge the power 10 decide who has or who ha-
not been elected in the Returning Board II
might have confer ed that power the courts,
but 1t did not. Whether the law. be good or bad
il Is our duty to obey It's provisions, and not to
viola il.
h.car % nar dntv nlrnadint.lv arriu In.