Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1876-12-23

S76.
Messrs. Hoar, Wheeler, Frye, Foster
Phelps, Marshall and Potter, after care
full investigation OF its action, said
1--WE are constrained to declare that tn
action of the returning board. on th'
whole, was
ARBITRARY, UNJUST,
and in our opinion illegal"
The vacancy in the board. occasionet
by the resignation of Oscar Arroyo. il
December, 1864, has never been filled
although repeated applications by tn,
representatives of the democratic-con
servative party Of the state, and its can
didates have been made to the board tt
fill the same. The foregoing committee
OF the house of representatives., com
menting on the failure of the board tc
fill the vacancy in 1874. when it occur
red, said: "Your committee think the
law as to the constitution of the boarG
was not complied witf.n,. IF this view
be correct, the board is not 80 constitu
ted rs to have authority to act ut all.
The entire clerical. force appointed by
the board at its present session, to COM
pile the votes cast is als0yepublican and
the board refused an application to ap
point any clerk or to allow any person
of the opposite party to be present
to witness the compilation, and even
excluded the United States supervisors
of election Under the act of congress.
The laws of Louisiana require reg.
istration of voters every two years BY
officers appointed by the governor of the
state-the registration to commence the
last Monday of August, pending the
general election in November. The
election law Of the state contains the
following provisions for conducting the
elections, making returns ETC., to-wit:
Here the committee made copIous
quotations from the law.
Under section 2, OF the foregoing pro.
visions, the duty of the board OF
returning officers is similar to that OF
state canvassing boards IN most OF tho
other states of the Union-simply to
canvass and compile the statements of
the commissioners Of election" and pro-
claim the result; and this is the whole
duty ot the returning board, unless tho
OF election, or the super
visor Of some parish imposes upon it a
further duty, as provided in sections 26
and 43. In commenting upon the pow
ers OF the returning board, we avail
ourselves of the able argument of Judge
Spofford made before it.
NO ONE HAS THE RIGHT
to attack the returns from any poll, ward
or parish in the state on account of un-
due influence, intimidation or other acts
of violence, unless the foundation there
for be first laid by the statement of the
of election ut the partic-
ular poll. if the acts occurred on election
day, or of the supervisor OF registration
of the parish if they occurred during reg
as provided in sections 26 and
43. The board has no legal authority to
receive or give effect to statements OF
outside parties till the proper commits
sioners of election and supervisors have
spoken.
Nor has the board been invested with
The power to institute complaints against
any poll, eu-oDicio or of its own motion.
1t cannot blot out or fail to count a soli-
tary vote returned, unless legal foun-
lation has been laid for inquiry by the
supervisor of the parish achere the
vote aOas cast, or by one of the COM
missioners Of election reporting
such supervisor ; and then they
the supervisor and commissioner-can
only lay foundation or inquiry in the
board by making and forwarding in the
prescribed manner their official "state-
nents" contemporaneously with their
returns, and in the very form set forth
oy section 26 of the act in question.
the votes of whole cities
ind parishes, by unofficial persons even
'hough they are candidates,is startling
md lawless innovation.
No outside protest can be entertained;
because even 4 supervisor statement
IAN receive no consideration by the board
'ut must be wholly disregarded, unless
made at time and in manner which
10 outside party could possibly comply
With. His statement, or that of his SUBJ
ordinate commissioner, must form an
integral part OF his return and official
eport; it cannot be made up at differ
mt time and place from the return. to
which the law requires it to be attached
by paste, wax, or some other adhesive
ubstance," and Il duplicate thereto must
'e lodged by him with the clerk of the
ourt Of his parish; it must be made
lnder oath; it must be clear and full
tatement
OF ALL THE FACTS
nd of the effect produced thereby.
fnfn
y mail is the only kind of statement
he board can notice at all, SO as to in
titute an inquiry into intimidation, etc.
he intent OF the law is plain and indis-
utable. that all the supervisors should
e engaged simultaneously. in their
everal parishes is completing their re-
lrns and statements on the spot where
le election was held, without communi-
alton with each other, or with persons
eyond the parish, and before they can
btain information of what has been
one IN other parishes, or OF the general
esuit
And the reason for these minute man.
atory, and imperative provisions is
lually obvious. 1t was precisely to
nut out from consideration bv the re-
,rning board all such er post fucto |
as have been
Up AND ILLEGALLY THRUST IN |
ere at the last moment by Mr.. Kel-
'gg, Mr.. Packard, MIR. Brewster, and
yen by some OF the supervisors them
,lves. The law has not been complied !
18th f; most OF the supervisors who have
ut in complaints have not written them
the proper time and IN the proper
irish; they have not annexed them to
eir returns sealed and sent them by
all ) they have brought down their re.
rms 10 this city with no statement SO
lnexed, but have patched up state
ents here at an improper time and in
! improper place. They could only
lfill their duties according to law by
lishing their returns, attaching state
ents and all, and mailing them sealed
, in one envelope, 1T one of their parish
'st-olhces. within the time required by
W.
1t is appalling TO think that statements
us made contrary to law. after the re-
lit OF the election through the state
AS known with approximate accuracy,
ade as an atterthought by disappointed
.ndidates and their friends, with an
'ident view to cast drag-net of sus-
cion over parishes enou gh to reverse
e emphatic verdict of the people,
l.,k 4 |