The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-11-22

tipe party uere deprived by the unjust, iueod
and az bitrary action Of the returning beard
CHAs. FOSTER, WILLIAM WALTER PHELPS
Republicans.
Proceedings Of Ihe Returning Board
New ORLEANS November, 2l.-A'
at ll:l5 the doors were thrown opon tC
the press About twenty persons only
were in the room including the Board re
representatives. Of the two Committee
stenographers, Clerks sc, Messrs Wells
Casauvat, and Kenney were already
present. Mr.. Anderson arrived q few
minutes after, at about ll:35, when the
Board was called to order. Gov. Wells
was anxious to open the doors and ad'
init the crowd outside. This was done
and the Democratic Committee on
Elections were admitted behind the bar,
followed by fifteen persons who hap.
pened to be in attendance, but not hopin
for such u concession.
Mr.. Zschsrie then filed protest that
he had given notice of on Monday, on be-
half of the Democratic candidates for
Congress.
The Board then conferred some five
or ten minutes, when Mr.. Wells moved
that the Board now 90 into executive
session. This was at once done and the
hall cleared.
The committee of Northern Repuoli-
cans to attend the sessions has been
changed since Mondays meeting, and
now consists OF Besrdsley, OF Illinois;
Hale, of Maine; Van Allen and Slough
ton, of New York, and Garfield, OF Ohio.
The board sits on all parish returns in
executive session. During this session
the only persons present are the two COM
mittees of gentlemen from the North.
Action during this session is as follows:
The returns OF parish are taken up and
placed on q table, where the chairmen
of the two committees, Democratic and
Republican are seated by the side of the
members. The gentlemen are then invited
to examine them and see whether they
have been disturbed or tsmpered with
The returns are then opened and the
consolidated vote Of the parish for each
elector called of. The returns are then
handed to the clerks, who verify the ad-
ditions made by the commissioners OF
election. If these prove correct, the
members of the board sign and approve
them.
Judge II. NJ. Spatford, counsel for
certain Democratic canuidates, 6led
protest Egainst -oefng sxeaddeddsfoni the
room during the canvass OF the returns,
and against executive and secret sessions
of the board The counsel for the United
States supervisors of election filed pro-
test against the exclusion of the super
visors during the canvass and cOmpila-
tiOr of the vote. The following is
the ground OF the protest: "That under
the fifth sectio1 of the United States
act of February 2s, 1871, they are to be
and remain where the ballot boxes are
kept at all times after polls are open till
each and every vote cast At said time and
place shall be counted, and the canvass
of al votes polled to be wholly complete
and the proper and requisite certificate
on returns msde, whether said certificate
or returns be required under any
law of the United States or any State,
territorial or municipal law; that undsr
said law the United States District At
torney j. K. Beckwith. under date Of
October 80, 1872, gave his written official
opinion for the instruction and guidance
of persons hOlGing the office now held by
p rotestants, wherein said United States
District Attorney said: 1t cannot be
doubted that the duty of the Supervisors
extend to the inspection of the
entire election from its commence
ment until the decision of its
results. If the United States statutes
were less explicit there still could be no
doubt of the Guty and authority OF the
supervisors 10 inspect and canvass every
vote cast for each and every candidate
State. parochsl ard federal, and the Isw
of the State neither provides nor allows
any separation Of the election
for Representatives in Congress, etc,
from the election Of State and
parish officers. The election Is in law h
single election, and the power Of rrsprc-
ton vested, by law. in the supervisors
appointed by the court extends TO the en-
tire election, full knowledge Of which
vii! become necessary 10 defeat fraud in
which opinion the sttorney.general Of
the State of Louisiana coincides Where
upon the pcotestants claim admittance 70
all sessions of the Returning Board,
and protes. against their exclusion as
unwarranted by law, AZ informed
by their attorneys, as has been done, and
is contemplated To bs done hereafter, in
the proceedings Of sad Board. Protests
were also filed by the counsel o. toe
candidates TOR Office against the secret
sessions, &c. The counsel for the Demo
cratic candidates al.o protested on behalf
Of the Democratic electors, against tie
counting IN of the five Republican
electors not nsmed on the tickets used
IN the Fourteenth Senatorial district.
The tickets contained the names Of w g.
P. Kellogg. J. II. Burch and Oscar Jstfri-
one The counsel protested against, fret
the counting OF said ballots which had
not been cast IN favor OF said Joseph and
others named for any other electors eI-
cept those specially named upon said
tickets or ballots Second, the permit
ting of returns from said pari.hes 70
stand, especially Of Iberia and St. Mar
tins. showing all such ballots 70 have
been cast for said Joseph sud other,
they being i aid respect false and rraudu d.
lent. or 10 be considered before this body,
and said votes n be counted for
snv electors, except, said Kellogg. Burch
and Jaffroine, whose names only are on
said ballot. The protest is based on
groun Is as follows: That the title 10 the
Dos itlon Of e!rctOr can BE- derived only
from the vote OF the p:ople, and 40 vote
can be given or counted except when
placed IN the ballot box; that electors
were chosen under the election laws OF
the State, which required that the
name. OF tie per;ons voted for and
the office shall De accurately specified en
the tickets. The committee asked an il
vestigstion Of the facts A similar pro.