New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-12-01

return We must take NO more than is in th'
consolidated statement and acceps it.
Mr.. McGloin-But tho Almighty has giver
you eyes with which to sec it.
President Wells-The board will not ad.
NIT it. We are not here to be charged with
improper action.
Mr.. McGloin-We are all free. sh!
President Wells-Thank God, l am AZ
free e. you are.
Mr.. McGloiH-We will see that, sir.
Mr.. Gauthresux--Then the board has
ruled that this prima facie case has not
been made out. We come now with the
ballot boxes which contain the statement
of votes provided in this section of the law
just quoted, and We offer them as evidence
to prove our case under the ruling of the
board. The law does not say that you may
compile the evidence from the statement OF
the supervisor, but it says that You shall,
st such meeting. open, in the presence OF
the returning officers, the statement of the
commissioners Of election, and it again says
that you shall compile from said statement
of votes. II does not say anything about
the consolidated statement in this connec-
ton.
Precedent Wells-Read that section, and
you will SEQ that it requires that the com
missiOners shall make their returns to the
supervisor of registration, and ths super
visor makes his return to the returnin 6
officers.
Mr.. Gauthrsaux-But in the history of
this board you have sent for ths ballot
boxes-you have taken out the returns, and
we ask you now to do that same thing
which you did before in a similar case. We
don't
President Wells-We must adhere to the
ruling of the board.
Mr.. Gauthreaux-We don't say that you
shall count them, but you get the returns
before you and consider them. We don't
pretend to dictate what you shall do after
they are before you, but in order that you
may have az opportunity of deciding the
question we present to You.
Mr.. Ray-I think this difficulty has been
settled before; the question raised here
was raised before the board two years ago
in the case of De Soto parish, when no re-
turns were made out at all; the parties in
:erested brought the duplicates fled with
the clerk; the board declined to receive
them, because they did not come through
the proper channel; then they took q man
damus from the court to compel the board
clerk; and the court decided that the board
could only receive them through the chan
mel provided by law. and refused to compel
the board to receive these duplicates; in
the Lafayette case, ss you will recollect,
it seems that the case was like
this, where the papers had been put
in the ballot boxes which the supervisor
returned to the board. Then the parties
asked the court to compel the parties to
open them and send them up, and then
when they were sent up this board could re-
two years ago it was done by the parties
interested. don't see any objection to it.
All of the parties are interested. Bat the
question has been settled by the courts and
by this board in the case of De Soto parish,
where no returns were made.
Mr.. McGloin-D0es your party make any
objection now?
Mr.. Ray am merely stating what the
law is. am representing the board here,
and am merely stating what has been de-
cided, and what the precedents are tor the
action of the board. am not arguing on
behalf of any outside party, but merely
stating what the law is to sustain the presi-
dent OF the board.
Mr.. McGlOin-How do you know there is
no objectiOps
Mr.. Ray-The board will recollect that in
the De Soto case, they brought the returns
and laid them on the table before the
board. The board said, we can not receive
them except from the supervisor; that they
Obtained q mandamus to compel the board
to receive the returnp, and the court said
that the board had no authority to receive
them except through the regular chsnne
Therefore the case is settled. The board
can act upon nothing except it is
channel provided by law. If there are re-
turns forwarded to this board by the super.
visor. then it is the duty of the board to ex.
anime the returns made by the supervisor
or the commissioner of election, and if any
infOrmality exists, then the board has the
right TO reject them; but they must come
from the supervisor before this board can
act on them at all.
President Weils-That will be the ruli ng
of the board, and it will adhere to it.
Mr. McGlOiu-In what capacity do you
make this argument, Mr.. Ray? l would like
to know.
Mr.. Ray-It is not q matter for me to ex-
plain to you.
Mr.. McGlOin-I would like to know in
what capacity you are here's
President Wells-lt is not the place for
you to discuss that question.
Mr.. McGloin--I am not going into dis
cusslon OF the question.
President Wells-Will the gentleman sit
down and stop this discussion!
Mr.. McGloin-If the Republican candi-
dates have filed protest against your pnr-
suing the same course in the parish of Or
leans as was done in 1872 that is different
matter. otherwise you have no right to
cav it is not by mutual consent.
Governor Wickliffe-The same case arose
in Tangipahoa when the tenth ward and
eighth ward returns wera locked up in the
boxes, and the boxes directed to be sent
wherever you will prescribe they may be
sent.
President Wells-I will consider the
matter.
General Herron-I don't understand tina,
the board mas decided the question.
President Wells-The board has decided
to be governed entirely by the returns o.
the supervisor of registration, and that al
reports from the commissioners of election
must come to this board from the super
visor.
General Herron-I desire permission o
the board to submit question not touched
upon.
Mr.. Ray--In alluding to the previous de
CisiOns of the court, and OF this body,
think did not state the case, with tn,
facts, as they appeared before the board;
understand the supervisor has mad
his report, and has accompanied i
with the reports made by the com
missioners OF election to him; som
of these reports he considered wer
in proper shape and form, and has con
solidated them. There were others he di'
not consider, and he did not put them OF
his const lidated report, but at the SAM
time lie sent these statements Of votes
such as they were, improper though the.
were, to this board, to exercise it's revie
ing powers over his action. Now, you vii
find that iu the fifth ward, where the defec
was that the tally sheets had not beel
made out strictly according to law, bu
made out from informal tally sheets, tina
the defect reported by him, as shown b.
the papers, was that one OF the commie
eioners, after the boxes had been handed t
the clerk, refused to give the tally sheet
| that had been sworn to at the polls to tn
| other commissioner in order that they Nigh