The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1876-12-21

:, votes of whole cities and parishes by un-
o official persons, even though they are
s. candidates, is startling and lawless in
Y novation.
IS No outside protest can be entertained;
/, because even a Supervisors statement"
o can receive no consideration by The
Il Board, but must be wholly disreRarded,
n unless made at time and in manner
# which no outside party could possibly
e comply with. His statement Tor that of
!. his subordinate Commissioner)must form
g an integral part of his return and official
!. report it can not be made up at a differ
b ent time and place from the return, to
o which the law requires it to be attached
g "by paste, wax or some other adhesive
i substances" and duplicate thereto to be
=. lodged by him with the Clerk of the
}, Court of his parish; it must be made un-
a der oath; it must be clear and full state
r ment of all the facts and of the effect
e produced thereby.
Such statement so annexed and sent
t by mail is the only kind of statement
2 the Board can notice at all so as to insti'
: tute an inquiry into intimidation. The
> intent of the law is plain and indisputa-
: BILE that all the Supervisors should be en-
gagged simultaneously, in their several
; parishes, in completing their returns and
statements on the spot where the eleC-
ton was held, without communication
with each other or with persons beyond
the parish, and before they can obtain
/ information of what has been done in
other parishes or of the general result.
And the reason for these minute, man
datory and imperative provisions is
equally obvions. 1t was precisely to shut
out from consideration by the Returning
Board all such er post ftctO complaints as
have been trumped up and illegally cast
in he e at the last moment by Mr. Kel-
logg, Mr.. Packard Mr.. Brewster, and |
even by some of the Supervisors them
selves. The law has not been complied |
with; most of the Supervisors who have
put in complaints have not written them
at the proper time and in the proper
parish they have not annexed them to
their returns sealed and sent by mail;
they have brought down their returns to
this city with no statement SO annexed,
but have patched up statements here at
an improper time and place. They could
| by finishing their returns, attached state
ments and all, and mailing them, sealed
in one envelope. at one Of the parish
post-otiices within the time required by
law
1t is appalling to think that statements
thus ma lie contrary to law, after the re-
suit of the election throughout the State
was known with approximate accuracy,
made as an aiterthought by disappointed
candidates and their friends, with an ev-
ident view to cast a dragn of suspicion
over parishes enough to reverse the
emphatic verdict of the people, made, (
too, at so late a day and so great dis
tance from many Of the parishes struck {
investigation, should receive considera- {
ton.
Commenting upon the foregoing pro. t
vision Of the Louisiana statute, Messrs.
Geo. +. Hoar, Wm. A. Wheeler and w. I
P Frye, in their report made February
%, 1875, said: t
Upon this statute we are all clearly of c
the opinion that the Returning Board t
has no right to do anything except can j
vass and compile the returns made them
by local officers except in cases where 8
they were accompanied by the Certih- i
Gates of the Supervisor or Commissioner il
provided in the third section. In such q
cases the last sentence of that section ii
shows that it was expected that they 3
would ordinarily exercise the grave and a
delicate duty of investigating charges of a
riot, tnmult, bribery or corruption on a.
hearing of the parties interested in the e
office. it never could have been meant n
that this Board, of its own motion, sit ol
ing in New Orleans, at a distance from il
jhe place of voting and without notice, d
could decide the right of persons claim tt
ng to be elected" a
"There is no more dangerous form of W
ef delusion than that which induces m
nen in high places of public trust to vio- ell
ate law, to redress or prevent what they pl
leem pubic wrongs" in
These references to the report of the re
Committees upon the &C. al
ion Of this same Returning Board in la
S74, and its construction of the statute, tn
re made that the public may know how liz
his Board and its rulings were regarded ca
y prominent gentlemen, one of them a M
for Vice President at the re- er
ent election, at time when its decision jet
id not affect Presi ential election. OF
We regard it as indisputable that the tic
returning Board has no jurisdiction to tn
1quire into and reject the returns from clt
ny voting place in the State on account an
intimidation, acts of violence, or other de
ause ment oned in the statute, unless SUI
ne foundation for such inquiry and re- re-
,ction is laid at the time and in the pc
lanner provided by the statute. la'
In no case did the Supervisor of Regis pu
alton deliver to the Clerk of the Court ex
his parish, as required by section 26 a Or
lplicate statement made and sworn to WI
Y the Commissioners of Election, and
by three citizens, of any tu- far
ult, riot. acts of violence, intimidation, ses
sturbanCe, bribery or corrupt influence, lst
I'D of the facts relating thereto, occur thC
ng on the day of election, nor any like Tn
atement of his own that any such acts Gle
,curred during the time of registration err
: the revision of registration. When pal
le returns were opened by the Return Fe
g Board such statements were found res
nong the papers in a few instances, dis
1t not ia relation to the parishes of Ell VIII
er Ouachita, Morehouse, East Baton Su,
Ouge, East or West Feliciana, and such ed
ere the manifest efforts on the part of sta
70 officers of election to conceal their
It's and confuse and mislead persons in att
rested in proper investigation of the ty
cts relating to the election, that it was ,.rt
lpossible to determine whether any q
ch statements had been made by the BET
,mmissioners of Election or the Super ly
sor of Registration, and attached to the rae
turns of the Supervisor in any parish haV
the State at the time and in the man "A
n required by sections 26 and 43. not
This fact leaves the Returning Board wit
thout jurisdiction to inquire into acts cur
violence, &C., at the election or during the
and with no other duty to eleI
rform except to canvass and compile ed
a votes returned. as the retilruinv off; con