The Portland daily press., 1876-11-17

Gen. Sheridan has taken rooms in the house
adjoining Gov. Kellogg's residence. He has
expressed his determination to have nothing
to do whatever with political affairs his visit
being solely in his official capacity. for the
preservation of peace. Since his arrival he
has spent much of his time in consultation
with Gen. Anger.
The returning board will meet at thel State
House. For their protection Gen. Sheridan,
with Gen. Pennypacker as second in command,
has decided to post two companies at Mechanic
Institute, six at the Custom House, and five
back of the State House on Charles street.
Gen. Beforehand will command at the Gus
tom House, Gen. Pennypacker at Mechanic
Institute and Gen. Brooke at the State House.
All are ordered to report directly to Gen. Sher-
dan The total number of troops is $50 men.
The city is perfectly quiet.
Powers of the Returning Board.
Senator Stevenson and ex Gov. Bigler have
arrived at the opinion that the returning board
has no right to act upon the Presidential cleo
ton. The law gives the board power to act in
all elections not otherwise provided for, and the
Presidential election is otherwise provided for.
Mr.. Trumbull also assents to this vie Y and
strong fight will be made on it.
Messrs. Matthews and Noyes have also pre-
pared lengthy opinions ms .ructing the board on
their legal rights and responsibilities.
Eight or ten of the Democratic visitors
called upon Gov. Kellogg and had long in
terview. The Governor confined himself to
exhibiting and explaining the law, and said
that he had no control over the personnel or
organization of the board.
Bob IngersoIrs Way of Putting 1t.
Gov. Kellogg has received the following des-
patch from Il. G. IngersOll:
In the Presidential game the Democratic
party has hand filled with stolen cards, Mis-
sissippi,, Alabama, Georgia, New York and
over the tops of these stolen cards, with one
hand on revolver, the old political bloat
thief and bulldozer shouts to the Repu blicans:
SDon't you touch louisiana; don't you steal
card on me; don't you touch it; the people
demand reform"
Re 1y OF the Republicans to the Demo.
cratic Pr0nunciamento.
The following is the reply of the Republic
cans to the communication from the Demo-
Gratis inviting conference:
Ne,u Orleans, N0u 16-Gentlemen,-Th
majority Of the undersigned, to whom your
note OF the 18th inst was addressed, only ar
rived in this city yesterday evening. We have,
therefore, been unable to reply until this morn
ing and can only regret that your communica-
ton should have been given to the press imme-
diately upon its delivery and without the pos
sibility of an answer accompanying it, You
remark that you are informed that we came
at the request of the President to see that the
board of canvassers make fair count of the
votes actually cast, and ask that we meet and
confer in order that such influence as we pos
sess may be exerted in behalf of such can
vass of the votes actually cast as by its fair
ness and impartaity shall command the re-
spect and acquiesceuce OF the American peo-
pie of all parties, We join heartily with you
in couIsels of peace and in the expression of
an earnest desire for perfectly honest and
Just declaration of the results of the recent
election in Louisiana by its lawfully consti-
tuted authorities, and we may add that we
know of no reason to doubt that such declar-
alton will be made. But we do not see the
propriety or utility of conference on the ba-
sis and subject to the limitations you propose,
for we have no such duty imposed on US as
suggested sby the clause of your note just
quoted.
We are at most requested to be witnesses of
what shall occur in the canvass of the votes,
without power or legal influence over the re-
suit or over the means by which, under the
laws of Louisiana, the event is to be deter
mined, We cannot doubt that in this you, up
on reflection, will concur with us. We are
here as private citizens with no official posi-
ton. We therefore, cannot superscribe or
modify any laws of this state nor have we any
right to control or influence its officers as to
the manner in which they shall discharge min
isterial or Judicial duties imposed upon them
by its laws, and if we should, being strangers
and without official position, attempt 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 Louis
lana shows that the canvassing board is ex-
pressly required in certain cases to exercise ju-
dicial as well as ministerial functions:
Section 3. That in such canvass and compila-
ton the returning officer shall observe the fol-
lowing order: They shall compile first, the
statements from all the polls or voting places
at which there shall have been a fair, free and
peaceable registration and election. Whenever
from any poll or voting place there shall be re-
ceived the statement of any supervisor of regis
tration or commissioner of election in the form
as required by section 26 of this act an affida-
Wit OF three or more citizens of any riot, tumult
acts of violence, intimidation, armed disturb
ance or corrupt Influence which prevented or
tended to prevent a fair and peaceable vote of |
all qualified electors qualified to vote at such |
polls or voting places, such returning officers |
shall not canvass, count or compile the state |
ments from such poll or voting place until the |
statements from all other polls or voting places
shall have been canvassed or compiled. The |
officers shall then proceed to nyesti-
gate the statements of riot, tumult acts of vio-
lence, intimidation, armed disturbance, bribery |
or corrupt influences at any such poll or vot- |
ing place, and If, from the evidence of such |
statement they shall be convinced that such !
riot, tumult acts of violence, intimidation, arm
cd disturbance, bribery or corrupt influences |
did not materially interfere with the purity and |
freedom OF the election at such poll or voting
plaCe, or did not prevent sufficient number of |
quaIhed voters thereat from registering or yot-
ing 10 materially change the result of the cleo
ton, then, and not otherwise said returning
officers shall canvass and compile the vote
OF such pole or voting places with
But if said returning officers shall not be fnIiv
satisfied thereof it shall be their duty to exam
ine further testimony in regard thereto. and To
this end they shall have the power to send for
persons and papers. If after such examination
the said returning officers shall be convinced |
that said riot, tumult, acts of violence, bribery
Or corrupt influence did materially interfere
with the purity and freedom of the election at
such polls or voting places, or did prevent
'uficiect number of qualified electors thereat
from registering and voting to materially
change the result of the election, then said re-
turning officers shall not canvass or complete
the statement of the votes of such poll or vot-
ing place, but shall exclude them from their re-
turns. Provided that any person interest in