New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-22
THE RETURNING BOARD
SECOND DAYS SESSION.

Parishes of Calcasieu, Cameron, Pointe
Coupee, St. Bernard. St. James
and St. John Canvassed.
President Wells called the board to order
ut 1880 A. M. There were present of the
board Messrs. Wells, Anderson, Casanave
and Kenner.
The minutes of the preceding meeting.
excepting the report on rules and the pro-
tests. were read and approved.
There were present on the part OF the
Republican delegation Messrs. StoughtOn
Hale, Parker, Van Aien and Beardsley; on
the part of the Democratic delegation the
same gentlemen were present as on the pre-
yious day, including also the Hon. George
w. Julian.
Mr.. Ksnner moved that the board 60 into
executive session.
General Ander con stated that there we're
NO petitions or motions to come before the
board.
President Wells stated that the board
would wait few minutes, and that if there
was nothing presented to the board they
would then 60 into executive session.
Colonel Zacharie asked permission to file
two protests.
President Wells stated that the protests
would be taken under consideration, and
then announced that the board would go
into executive session, and take up the
parishes.
The following papers were handed in by
Mr. Zacharie:
To the President and Members Of the Returning
Board Of the State Of louisiana:
GENrLEMEN-The undersigned, of coun
sci for Democratic Conservative candidates,
hereby formally object, protest and except
to the rulings made this day, November 20.
1876, on the following points, and for the
reasons hereinafter specified:
l. They object, except and protest to the
ruling Of the board by which they are ex-
cluded from stte nding the sessions OF the
board on the opening of the returns, and
prevented from examining the returns in
order to ascertain by comparison with the
official duplicates in their possession If such
returns are the originals returned by the
officers ef election, or whether the same
have been altered or frsudulently changed
in any respect; that by said ruling the can
didstes, represented by counsel, are pre-
vented from challenging or objecting to
any returns which may be fraudulent in
their character, vitiating them as official
returns, all Of which ruling and its effects
are contrary to law and in direct Opposi-
ton to the rulings and practice OF the
present board In 1874.
3 They especially object protest and ex-
cept to the ruling Of the board by which the
said board is proceeding to count and COM
pile the returns when the board is incom
plete, having a vacancy because section two,
act No. %, 1872, under which the said board
Ia organized and now assuming to act
provides that: "In case of any vacancy bv
death, resignation OF otherwise by either OF
the board, then the vacancy shall be piled
BY the residue of the board OF returning
officer" thus making it manda sory upon said
ruh hynh fvnv
time to time occur, wherefore they OBJECT
protest, ana except that said action in not
filling said vacancy and proceeding without
so doing is illegal, informed and the proceed
in gs OF said board null and of no effect until
said formality is complied with.
3. That they further protest, except and
object to the rules this day adopted by said
board, because said rules conflict with the
Interpretation and practice OF said board in
similar cases during it's session OF 1874, and
counsel further especially object. protest
and except to rule seven, this day adopted,
whereby secret sessions may at any time be
ordered, as contrary to and not provided
for by law, and contrary to the construction
and practice Of said board during it's ses-
~ F. C. zACHARIE.
E. A. BURKE,
CHARLES CAVANAC,
F. MGGLOIN,
j.. ALCEE GAUTHREAUX,
H. C.. BROWN,
Of Counsel.
To the President and Members of the Returning
Board OF the State OF Louisiana:
GENTLEMEN-Ehe undersigned, counsel
for Democl attic United States supervisors
of election, duly appointed and qualified
- such, do hereby, except, protest and ex-
cept TO any ruling made this twentieth day
OF November, 1876 or that hereafter may
be made, whereby they are deprived or
may be deprived of the right OF being
present during the entire canvass and COM
pilation of the results of the election lately
held in the State of Louisiana, wherein
Electors for President and Vice President
and members of the F0rty-ffth Congress
were balloted for, and the results Of which
said board is now canvassing.
That under the fifth section of the
United States act of February q, 1871, they
boxes are kept ut all times after the polls
are open until each and every vote cast at
said time and place shall be counted, and
the canvass OF all votes pOlled be wholly
completed and the proper and requisite c6r-
titcate or return made whether said Ger
tifcate or return be required under any
law of the United States or any State, ter
ritOrial or municipal law"
That under said law United States Dis
trict Attorney j r Beck with, under date
OF October 80. 1872, gave his written fiicial
opinion for the instruction and guidance OF
persons holding the offices now held by
nrOtestants wherein said United States dis
trict attorney said, "It can not be doubted
that the duty OF the supervisors extends to
the inspection Of the entire election, from its
CONNIE ncement until the decision OF Its re-
aults. If the United States Statutes were
Teas explicit there still could be no doubt Of
the duty and authority Of the supervisor to
inspect and canvass every vote cast tor
each and every candidate, State, parochial
and Federal, as the law of the State neither
provides NOR allows any separation OF me
election for representatives In Congress,
etc, from the election of State and parochlal
officers The election is in law a single
election, and the power Of inspection vested
by law in the supervisors appOinte led by the
court extends 70 the entIre election, fulI
knowledge of which may become neces-
sary to defeat fraud" Ia which opinion
the Attorney General OF the State Of Louis
lana cOincided.
Wherefore, prOtestants claim admlttance
to all sessions Of the Returning Board. and
nrotest against their exclusion as anwar
ranted bv law, as informed by their attOr-
news has been done and is contemplated to
be done hereafter in said proceedings OF
'"'0 '' F. z,CHARIE,
T.. A BURKE.
CHARLES CAVANAC,
+ + r noGLG!s' ahcEE 'eAurHREAux,
H. c. BROWN,
Of Counsel.
The esergeantat-arms was then orderou "
clear the room of all excerpt the invited
onests and their reporters, and the business
6f executive session was proceeded with.
President Wells informed Judge Trum-