The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-12-13

any such polI or voting place: and If from
the evidence Of such statement they snail %
convinced that such riot. tuTnult, acts or Nlo-
ieIIce. intimidation armed disturbance brib
cry or corrupt influences did not materially
Interfere with the purity and freedom OF the
election al such poll or voting place, or dld not
prevent = sufficient number of qualified voters
thsreat from registering or pilnS 20 ma
then, and not otherwise, said returnlns ON
GERS shall canvass and compile the vote
of such poll or voting place with
those previously canvassed and compiled;
bus. ii said returning officers sinai.
not be fully satisfied thereof, il shall be their
duty To examine further testimony in regard
thereto, and TO this end they shall have power
To send for persons and papers. II after such
be convinced that said riot, tumult, acts of
violence, intimidation. armed disturbance,
bribery corrupt influences did materially
interfere with the purity and freedom 81 the
election at such poll voting place, or did
prevent q sufficient number OF the qualified
electors tlereaf from registering and voting 10
materially change the result OF the election,
then the said returning officers shall not can
VasS or compile the statement OF the votes OF
such poll or voting place, but shall exclude IL
from their returns; provided, that any person
interested in said election by reason Of being
n candidate for Office shall be allowed hear
ing before said returning officers upon max
ing application within the time allowed
for the forwarding Of the returns OF said elec-
ton"
THE DUTY Or THE BOARD.
Under section two of the foregoing prOvis-
ions, IL will be seen that the duty OF the board
OF returning officers Is similar 70 that OF state
canvassing boards ia most of the other states
of the iInion-Simply sto canvass and compile
the Stafements of tile commissioners OF cicc-
ston" and proclaim the result; and this is the
whole duty of the returning board, unless the
commissioners of election or the supervisors
of some parish impose upon II a further duty,
as provided in sections ~ and -. In comment
ing upon the powers of the returning board we
avail ourselves of the able argument OF Judge
SpOfiOrd made before IL.
No one has the right to attack the returns
from any poll, ward or parish in the state
account OF undue influence, Intimidation, or
other acts of violence, unless the foundation
therefor be flrSts laid by the statement OF the
commissioners of election at the particular
poll, if the acts occurred on elecson day, or of
the supervisor of registration OF the parish II
they occurred during registration, as provided
in Sections % and IS. The board has no legal
authority to receive or give effect to state
ments of outside parties TIL the proper COM
miSsioners of election and supervisor have
spoken.
power to institute complaints against any poll
sr c6icio or of its own motion. ltcan not blot
out or fail 10 count a solitary vote returned,
unless a legal foundation has been laid for in
-quiry by the supervisor Of the parish where
the vote was east, OF by one OF the commits
SiOnerS OF election reporting through cach SUI
pervisOr; and they-the supervisor and cCnn-
missioner-can Onk lay q foundation of in
quiry i'm the board by making and forwarding
ia the prescribed manner their official = state
ments" cOntempOraneously with their returns
and i'm the very form sci forth by section y OF
the act in question. Challenging the votes of
whole cities and parishes by unofficial persons,
even though they are candidates, is "a startling
. No outside protest can be entertained: be-
cause even a supervisors statement can
ceiYe no consideration by the board, but must
b. wholly diSregarded, unless made al n time
and in a manner which no outside party could
possible comply with. His statement (or
that of his subordinate commissioner must
form an integral part of his return and official
report; IL can not b. made up at different
time and place from the return to which the
law rs,,1ifeS n =, he afface.i .,f'1- ,,sste ,Sa,
some other adhesive substance, and q du-
plicate thereto must be lodged by him with the
I~s.f fhgl ffl.l nVfLl
made under oath; il must be ~ clear and full
statement of all the facts and of the effect
produced thereby.
Such a statement so annexed and sent by
mail is the only kind of statement the board
can notice at all 50 "a to institute an inquiry
into intimidation, etc. The intent of the law
Il plain and indiSputable that all the super
visors should be engaged simultaneously, in
their several parishes, in completing their re-
turns and statements on the spot where the
election was held, without communication
with each other or with persons beyond the
parish. and before they can obtain informa-
lion OF what has been done in other parishes
OF the general result
And the reason for these minute, mandatory
and impressive provisions is equally obvious.
Ii was precisely to shut out from consideration
by the returning board all such post JdcfO
complaints as have been trunped up and lie
gally thrust in here at the last moment by Mr..
Kellogg Mr.. Packard, Mr.. Brewster and even
by some of the supervisors themselves. The
law has not been complied with; most of the
supervisors who have put in complaintS have
not written them at the proper time ana III
the proper parish; they have not annexed
them to their returns sealed and sent by mail;
they have brought down their returns to this
city with no statement so annexed, but have
patched up statements herc at an improper
lime and place. They could only fulfill their
duties according to law by finishing their re-
turns, attached statements and all, ana mail
ing them, sealed up in one envelope, at one OF
their parish postofhces within the time re-
1t is appalling to think that statements thus
made contrary TO law, after the result of the
election throughout the state was known With
approximate accuracy. made after
thought by disappointed candidates and their
friends, with an evident view 10 cast drag
net of suspicion over parishes enough to re-
verse the emphatic verdict of the people,
made too at so late a day and so great a dis
lance from many of the parishes struck ut,
that il is impossible 10 have any fair inyesti-
CATION, should receive consideration
JURISDICTION IN TIE CASE.
Commenting upon the foregoing provision of
the Louisiana statute, Messrs. George +. H,Oar,
W. A. Wheeler and W. L. Frye, i'm their report
made February q, 1870 said:
Upon this statute we are all clearly of the
opinion that the returning board has no right
70 do anything except TO canvass and compile
the returns which were lawfully made 10 them
by local officers, except in cases where they
were accompanied by the certificates of the
supervisor commissioner provided i'm the
third section In such cases the last sentence
OF that section shows that IL was expected that
they would ordinarily exercise the grave and
delicate duty of investigating charges of riot,
tumult, bribery or corruption, on a hearing of
the parties interested in the office. 1t never
could have been meant that this board, OF lis
own motion, sitting in New Orleans, at a dis
lance from the place of voting and without
notice. could decide the right of persons claim
ing TO be elected"
'.There il no more dangerous form Of self
delusion than that which induces men in
high places of public trust TO violate law. TO
redress or prevent what they deem public
WRONGS.
These references to the report of the congress
siOnal committee upon the action of this same
returning board in 1874, and its construction
of the statute are made that the public may
know how this board and its rulings were re
gartled by prOminens gentlemen, one of them
O. candidate for vice president nj the recent
election. Al a time when its decision did moi