South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1876-12-22
From the New York Herald. Dec ls,h
The Louisiana Returning Board,
ITS POWERS AND USURPATIONS.

H. smith. George w. Julian ami Il. IL
Watson. on the proceedings DC ore the
Louisiana Returning Board, has just
been published.
1t shonld be read by every citizen,
and no summary can do il Justice.
II establishes concluslveiy the follow.
Ing facts:
lst. The Returning Board threw on.
1880 Democratic votes to accomplish
the result they pretended to arrive at.
An idea OF the Wholesale disfranchisc.
rnent thus attempted can perhaps be
better realized by considering that in a
large State like New York TIE same
percentage or votes thrown ont. would
amount to about 100000.
I'd. Tho Returning Board had not the
slightest warrant OF law for such action.
under the laws Of Louisiana. Under no
possible construction Of those Statutes,
can the action taken he considered 9th.
erwisc than absolutely void, and. this
being the case. it is not entitled TO any
respec. anywhere. or from anybody.
The facts leave no possible escape
from this proposition.
AL the laws bearing on this question
are set out in full in the report, bht are
too long TO be given in any detail within
eur present limits.
These laws show in the first place,
that either there is no Law at present in
existence in Louisiana authorizing any
election for Presidential Electors, or il
there is such law, the duty of counting
such vote is directly derolved on anoth.
er authority than the Returning Board,
and that such other authority has no
power TO throw out any vote cast.
The laws of 1868 and 1870, provide
ell deliberately for the manner of choosing
Presidential Electors specifying how
many shall he chosen at large and how
many from districts; tie qualifications
for Electors he filling OF vacancies; &
providing also for y simple count of the
votes cast, at q specified time by The
Governor, IN presence of the Secretary
Of State. The Attorney. G. eneral. and
District Judge of the district in which
the seas Of Government may be estab.
!ishc, or any two OF them.
The law Of 1872 and is amendments
under which the Returning Board pre-
tends TO count tho vote for Presidential
Electors, makes no provision whatever
SIS to tie manner OF appointing Electors
Of President and President, their
qualifications, the place where they arc
10 meet. nor Tor filling vacancies but
one section of it is rs follows That th.
Act SHALL take effect from and after it's
passage, AMI that all others on the sub.
jcct of election laws be. and the same
arc hereby repealed"
1t IS on the strength Of this clause that
tho Returning Board claim 10 take away
the power of counting from the body on
which the law OF 1868 devolvcd il and
TO get the right to count and throw out
votes.
1t will DC seen, however, that the claim
ia self-destructiya
II cannot be held that the portion of
the law Of 1868, providing for tho count.
Is repealed, unless il is admitted that
the whole law is repealed. for the repeal,
III tho law above quoted is not implied
but explicit, and involves all other laws
on the subject reflections. and Tie whole
Of them.
If, then, this law of 1872 establishing
the board. has any effect at all on any
portion of the law of 1868, It's sweeps
away the whole of it, and "a IL makes
no provision for any Presidential cleo
ton itself il follows inevitably that
nono can he held by law in Louisiana.
and that the Returning Board has no
Jurisdiction TO count the votes or take
any step in reference to them.
IT, on the other hand. the law Of 1872
has no effect on tic law OF 1868. then Of
course the votes cast at fs,tch election.
must be counted by the body therein
provided, and the Returning Board has
nothing to do with them. and the body
TO whom the duty of counting is in.
trusted mas no power % throw out any
votes for any cause.
The Returning Board can impalc
themselves on either horn OF this diem
ma which they may prefer.
The report before us. however. is not
content with proving that the Return
ing Board cannot possibly have any
right TO count tho vote for Presidential
Electors, under any circumstances, but
proceeds to show with equal clcarnCss.
that even if the Board possessed the
same power with reference 20 the count
OF this vote, that j. possesses in refer.
encc 10 any other officers. vet IL did not
have the slightest power 20 throw ont
the vote, under the undisputed circum-
. stances of this particular case.
In the fr-t place tho Returning Board
was not legally constituted.
Tic law is "a follows: THAT five
persons 20 be elected hy the Senate from
all political parties. shall I've tic return.
ing officers for all elections i'm the State.
a majority Of whom shall constitute q
quorum, and have power 10 make the
return Of all elections. In case Of any
vacancy by death resignation or other.
wise by either Of the board. then the
vacancy shoH nc filled. 10y the residue Of
/ the board Of returning officers"
IL will I've observed that Tic duty Of
7 the board TO elect q successor in case Of
the resignation OF any member is abso.