The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-12-13

to count the woes, = provided,n session
: thIrtaon n thu. acey md after hey hall
have - (Oan>cd tn Veeoo a. me
list T. tn nafafs OF III Tt Den ms NDtco
/, tori Id Re Ullces Ibr VIII 0ey Vert
SUer3 10 and the numbse o. votes r.
ceived BY each, the number Of ballots
contained In the box, and the humber
rejected, and the reasons theretorsu duplir
cstes Of such lists shall Be made out,
signed, and sworn to BY the commts-
sioners OF election Of each poll, and such
the SUPERVISE Of registration Of the rar-
ish. and one TO the clerk Of the district
court of the parish, and In the parish Of
Orleans to the secretary Of state, by one
or all of said commissioners In person
within twentv.four hours Alter the clos
ing OF the polls. It shall be the duty of
the supervisors Of repatriation, within
tweuty.four hours after the receipt Of all
the returns for the different polling
| plsces. to consolidate such returns to be
| certified a. correct by the clerk OF the
district court and forward the consoli.
dated returns with the originals received
by him to the returning Officers provided
| for In section two Of this act, the said re-
port and returns to be lncloeei in an en-
velope Of strong paper or cloth, securely
sealed and forwarded by mail. He shall
forward copy Of any statement as to
violence or disturbance, bribery or cor
ruption. or other offences specified In
section twenty-six Of this act, il any
| there be, together with all memoranda
and tally.lists used in making the count
| and statement of the votes.
Section 2 declares that Within ten
| days after the closing OF the election said
returning officers shall meet in New Or
leans to canvass and compile the state.
ments OF votes made by the commission
ers OF election, and make returns of the
election to the secretary Of state. They
| shall continue in session until such re-
turns have been compiled. The presid-
| ing officer shall at such meeting open in
| the presence of the said returning off,
| GERS the statements of the commissioners
of election, and the said returning off,
GERS shall. from said statements canvass
and compile the returns of the election in
duplicate the copy Of such returns they
shall file in the Office Of tile secretary OF
| public proclamation by printing in the
| official journal and such other newspa-
pers as they may deem proper, declaring
the names Of all persons voted for, the
number of votes for each person, and the
names Of the persons who have been duly
and lawfully elected. The returns OF the
| elections thus made and promulgated
shall be p,ima tacie evidence IN all courts
| of justice and before all civil officers, UNI
\ til set aside after contest according to
law, OF the right of any person named
therein to hold and exercise the Office to
which he shall by such return be declared
elected. The governor shall, within
thirty days thereafter, issue commissions
| to oil officers thus declared elected who
are required by law to be commissioned.
Sec. 8. Be II further enacted, ETC.,
That in such canvass and compilation
the returning officers shall observe the
following order: They shall compile
first the statements from all polls or vOt-
ing places at which there shall have been
q fair, free. and peaceable registration
and election. Whenever, from any poll
or voting place, there shall be received
the statement Of any supervisor of regis
tratiOn or commissioner of election, in
form as required by section 20 Of this act,
| on affidavit of three or more citizens, OF
any riot, tumult, acts of violence, intimi-
dalton. armed disturbance, bribery, or
corrupt influences, which pre-
vented, or tended to prevent, . fair
free, and peaceable vote OF all quail
fed electors entitled to vote at such poll
or yoing-place, such returning officers
shall not canvass, count, or compile the
statements of votes from such poll or
voting-place until the statements from all
other polls or voting-places shall have
been canvassed and compiled. The re.
turning officers shall then proceed to In.
vestigate the statements Of riot. tumult,
acts of violence, intimidation, armed dis
turbance. bribery, or corrupt influences
at any such poll or voting place and il
from the evidence Of such statement they
shall be convinced that such riot, tumulf,
acts of violence, Intimidation, armed dis
turbance, bribery, or corrupt influences
did not materially interfere with the pu-
rity and freedom OF the election at such
poll or voting place. or did not prevent q
sufficient number Of qualified voters from
registering or voting TO materially change
the result of the election, then, and not
otherwise, said returning officers shall
canvass or compile the vote Of such poll
or voting place with those previously can.
vassed and compiled but II said return
ing officers 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
tor persons and papers. II any such ex.
animation, the said returning officers
shall be convinced that said riot, tumult,
or act OF violence, intimidation, armed
disturbance, bribery, or corrupt influ.
ences did materially interfere with the
purity and freedom OF the election q;
such poll or voting place, or did prevent
sufficient number of the qualified cleo
tors thereat from registering and voting
to materially change the result Of TIN
election, then the said returning officer
shall not canvass or compile the state
ment Of the votes Of such poll or voting
place but shall exclude 1t from their re
turns Provided, that any person inter
ested in said election by reason Of beini
candidate tor Office shall be allowed I
hearing before said returning officeri
upon making application within the tim'
allowed for the forwarding Of the returnl
Of said election.
Under section Of the foregoing pro
visions, it will be seen that the duty o.
the board of returning officers Is similar
TO that OF state canvassing boards il
most of the other states OF the Union
simply "to canvass and compile the state
ments of the commissioners Of election
, and proclaim the result; and this Is the
whole duty Of the returning board. un
less the commissioners OF election, or tn,
supervisor Of some parish imposes upor
! 1t further duty, as provided In sector
~ and As. In commenting upon the
powers Of the returning board, we avail
ourselves OF the able argument Of Judge
,, Spofiord made before 1t.
NO ONE HAS TIE RIGHT
, TO attack the returns from any poll