Weekly Trinity journal., 1876-12-09
THE LAW GOVERNING THE
RETURNING BOARDS.

| canvass OF the vote Tor President before
the Returning Boards of South Carolina,
Florida and Louisiana, is our apology, If
any were needed for giving our readers
an insight into the powers and duties of
the officers of which these Boards are
composed. The condition of society in
the extreme Southern States is such that
II seems to have occurred to the Republi-
cans of those three States to throw safe
guards around the exercise of the elective
franchise, such as are not held necessary
in States where such conditions do not
exist. 1t would seem from the text of
the law we herewith publish that the
duties of the Boards are not solely OF a
ministerial character, (eor our impress
ions are the Florida and South Carolina
laws are similar in their provisions,) but
chat the proceedings Of the Boards par
take of a judicial character. 1t would be
well for all to know their powers and du-
ties, before raising cry OF fraud, or i'm
pugning the motives Of the returning of
ticers in their action. 1t may be that the
Republicans of those States are guilty of
lighting the devil with fire." but Of this
we have no proof but the charges of their
bitter political opponents, who, if guilty
Of tithe Of the high handed proceedings
Of which they are accused, will hardly
scruple to add lying and perjury to the
crimes already committed In the pres
ent excited state of public feeling, asser-
tions should be received with due allow
ance for the prejudice OF the side from
which they emauate.
SECTION 3-That in such canvass and
compilation the returning officers shall
observe the following order: They shall
compile, first, the statements from ali
polls or voting places Mt which there
shall have been II fair free, and peacea
BILE registration and election. Whenever
from any poll or voting place there shall
be received the statement Of any supervi
sor of registration or commissioner of
election in form, as required by Section
26 Of this Act, on the affidavit Of three or
more citizens. Of any riot, tumult, acts of
violence, intimidation, armed distur-
bance, bribery or corrupt influence which
prevented or rendered to prevent fair,
free and peaceable vote Of all qualified
electors entitled to vote at such polls or
voting places such returning officers
shall not canvass, count or compile the
statements from such poll or voting place
until the statements a.1rn a. other polls
or voting places shall have canvassed and
compiled. The returning officers shall
then proceed to investigate the statements
Of riot, tumult, acts of violence, intimi-
dation, armed disturbance, bribery or
corrupt influences at any such poll or
voting place, and if, from the evidence Of
such statement, they shall be convinced
that such riot, tumult, acts of violence,
intimidation, armed 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
qualified voters thereat from registering
or voting to materially change the result
OF the election. then. and net otherwise,
said returning officers shall canvass and
compile the vote of such poll or voting
place with those previously canvassed and
compiled but if the said returning of
fcers shall not be fully satisfied thereof
it 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. Ifafter sucn exam
ination the said returning officers shall be
convinced that said riot, tumult, acts of
violence, intimidation, armed disturb
ance, bribery or corrupt influences did
materially interfere with the purity and
freedom of the election at such poll or
voting place, or did prevent sufficient
number of the qualified electors thereat
toni
change the result of the election, then
said returning officers shall not canvass
or compile the statement Of the votes Of
such poll or voting plsce, but shall ex-
cIude it from their returns provided that
any person interested in said election by
reason Of being candidate for office shall
he allowed IA hearing before said return
ing officers upon making application
within the time allowed for the forward
ing of the returns of said election.
We do not propose TO discuss now
either the wisdom or policy OF this law.
IL stands upon the statute books of Louis
lana, and until repealed is a guide to gov
ern the action of the Returning officers
That such law should ever be enacted
is, of itself proof of the charges of intim-
idation and outrages with which the po-
litical atmosphere of that unhappy State
has been rife. The remedy was suggest
ed by the situation-the law was held up
as n menace to the White Liners, that
their acts of lawlessness should avail
them nothing. TO sit in impartial
judgment may be a hard thing for Re
turning Officers to do, but the remedy for
the evils of the law if there be evils, does
not lie SO much il the repeal of the laws
as in bringing society to such state that
such law will be wholly unnecessary.