New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-12-11
THE LOUISIANA BOARD.
RESTRICTIONS ON IT'S POWERS.


ING OF RETURNS.
,Rpo,, STAFF CORRESPONDENT OF THE TRIBUNE.l
Nrw-ORLEANs. Dec. blow ought the vote Of
uis STAT, to be returned THAT is the vital ques-
tion in the Louisiana just now, aud the report
Of the Returning Board, which will be published
before this letter reaches NewlOrk VIII not settle
II. Legally there is appeal from the decision
which Ex-Gov Wells and his associates are about TO
announce, but practically the work OF the board Is
10 be tried by Congressional committees and before
the tribunal of public opinion, and the verdict IN
that trial is one for which the country VIII
wait with the greatest anxiety. What that
verdict will be l shall not attempt to
anticipate, but / shall in this letter group
together some Of the points of law bearing ON the
question and attempt to show on which of them the
nroof must be clear before the rctHrns from any
parish or precinct can legally be tackled Inc
Importance of a clear understand OF the law ana
strict adherence to its pro .ons cannot DO over
estimated. 1t may be a bad sw and il may be that
il ought TO be repealed, but it is the law never
theless, and it is as binding upon the people OF
this State and the whole country, as far as
they are affected by it, though it was the best
election law ever framed. This is the only SAFE
ground to hold.
On the face of the returns Gov. Tilden has carleu
this State by a majority of about nine thousand
fined limitations is not only allowed to throw OUT
fine vote of precincts and of whole parishes, but it Is
absolutely forbidden to count them. Whenever us
proved that riot tumuts, acts of violence, inti-
dation, armed disturbance, or corrupt Influences,
occurring in any parish, precinct, ward clty, OF
town during the time Of registration or revision Oh
registration, OF ON any day of election, nave pre-
vented fair free, peaceable and full vote OF al
the qualified electors" then, by the theory OF the
law no valid election has been held IN that PARISH
precinct ward, city, town, and the returns rom
1t must not be counted. Now the Republicans have
introduced more than one thousand afiidavits to
,rove intimidation and violence in certain parishes
of this State and they have undoubtedly eStab-
Hsbed the fact that numerous murders and lesser
outraoes were committed i'll them prior to the elec-
tion All of this great mass OF testimony
is very important for its bearing on the
condition of society in the parishes al
fected: but after careful examination OF
much of it, am convinced that the greater part OF
If cannot legally be considered by the board Here
orc the reasops Supervisors of Registration in this
State are required keep their books open for the
entry of the names of electors for go days prior to
every election, closing them for revision 10 days be-
Gore the election. The time of registration and
revision of registration" therefore, referred to in
the law began 20 days before the election, or on
tbe 2sth of August and ended on the 9TH of Novem-
her ANY of the illegal acts enumerated which oc-
Cured during those 20 days may be investigated Dy
The board when brought to its attention In legal
manner Int any acts of violence which occurred
prior to that time cannot be legally considered at
all. think speak entirely within bounds when
say that at least twO-thrds probably threefourths,
of the Republican testimony relates to events which
occurred prior to the 2Sth of August
This provision of the law is very proper one. l
=. ind
acts of violence perpetrated last Spring may have
affected the vote in this State last month; but
limit must be set somewhere, and believe that If
profound peace regned in parish during the whole
Of the 70 DAYS before the election, and no case OF
Intimidation or other illegal act by which the vote
vould he affected could be found during that time,
the power to reject its vote account OF something
which had occurred months before would be a very
dangerous one TO give to any body OF men. 1
assume, therefore. that when the action or the he
turning Board comes to be reviewed by a Congress
siona committee all evidence OF every kind relating
10 events which occurred prior to Aug. %, 1876, II
il bases its action any such, will be thrown out IN
a lump and not examined at all. For instance, l
mentioned in a letter few days ago the affidavit
of coroner in East Baton Rouge Parish,
who appended TO his deposition the oihclai
records of IL inquests held by him during the last
year. have no copy of that paper before me now,
but think am not mistaken when say that only
two of the nduests ont Of the IL were held during
August or since In Ouachita Parish the cases which
have attracted the most attention do come within
the limit fixed by the law. DR.. Dinkgrave, whose
assassination l have previously referred to, was
murdered on the Goth or 30th of August The Island
troubles followed Immediately after and then came
the murder of Primus johnson and the wounding
of Eaton LogWOod. The Pnkston murder oc-
cured on the Sunday morning before the
election. and the shooting of Ben. James while
going to polling place with ballot-box TOOK place
on the very morning Of the election In both of the
Felicianas, and in Morehouse some of the intimda-
ton reported occurred during September and Octo-
her but the greater number of the of murders
enumerated happened before August. believe that
even this testimony, which does not come within the
limit fixed by the law ought all TO be carefully
sifted to the bottom by some competent authority,
either Congressional committee, or the State Gov
srlment and if its truth is sustained then remedy
ought TO be applied at once, but in determining now
this election has gone il viii not do to 60 outside OF
the limit laid down by the law.
The manner in which instances of intimidation OF
violence must be brought before the Returning
Board in order for that tribunal to have jurisdiction
or to make an investigation Of them is very plainly
set forth in the law. Whenever any riots, tumult,
acts Of violence, intimidation, and disturbance"
&C., have occurred in any precinct or parish, 1t is
the duty of the supervisor to make full and clear
statement Of all the facts have it cOrroborated by
three respectable citizens under oath. and forward
A. TO the Returning Board with his returns attached
10 them by means Of paste, wax, or other adj
hesive substance. AS the supervisor is required
20 compile, consolidate, and forward his returns
bv mail 10 the board within 81 hours after receiving
f.o,, 4Ia cnn,rui election Of cource