The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-16


Of the act Of 1872 TO provide for Presitlen
tial electors leaves vitality in that part OF
the repealed law Of 1870 which relates tc
the subject, II must also be held that the
canvass OF votes for Presidential electors
must bo made in accordance with the law
oil 1870. But the law of 1870 provides that
returns for electors shall be nvassed not
hya returning Board, but by the Gov
"rnor In the presence OF the Secretary Of
state. the Attorney G eneral, and a Dis
trict Judge. Neither under the law of 1872
nor under the law Of 1870 has the Return
ing Board jurisdiction over the vote for
electors Not only is its assumption Of jul
diciaI powers over that vote anti-rcpubl-
can and unconstitutional, but its assump /.
ton OF even the right TO count il without
warrant in the laws Of the State.
| WELLS CAsENAvE, ANDERSON, and KIN
Srn had no more jurisdiction over the
electoral returns than had any four citi-
| lehs oil LOUISIANA Therefore their canvass
Is u nudity, aud entitled to no respect.
liz The present Board is illegally consti-
tuted' ana its acts are therefore void The
law which creates n Returning Board is
~ the following language:
"tivo persons to be elected nv the senate from N,
pnI'M Lar,its snall be- the returning officers for eli
n ,p, ms "a tnc ate msl1uly Of whom shall cousl
al elections IN Of any vacancy py death resgna
vacancy be ET % csS S " % H. BSard on
| Returning Onicere." "
A vacancy was caused in the Board
just two years ago, by the resignation of
OSCAR ARRoYo. Since that time, in spite
VI the imperative language OF the statute.
ana IN spite of repeated applications by
representative Democrats, the present
members Of the Board have refused to All
the vacancy. So clearly did this failure TO
obey the law appear TO Mr.. WHEELER
committee in 1874 that they said in their
report " Your committee think that the
law as TO the constitution of the Board was
not complied with" IL Mr.. WHEELER was
right in 1874, the body which has now
counted him In. has acted when it had no
authority to act Mt all.
III. Even If the Returning Board had
jurisdiction over the electoral vote. and
even If II were legally constituted. il VIC.
lated the law when it declared for the
HAYES electors. This WIS accomplished bv
distranchising 1880 Democratic and 2,042
Republican voters.
BY the law OF Louisiana, the duty of the
Board Is restricted TO compiling the votes
and declaring the result, except in certain
cases, clearly and explicitly defined i'm the
statutes. The Board can only 20 behind
the returns in instances where the Com
missioners OF Elections or Supervisors of
Registration have laid the foundation for
"A Judicial inquiry. No protest from an
outsider be he "a United States Marshal or
Tie Governor of the State, no motion of n
member OF the Board itself. no q lallenge
from an unsuccessful candidate, can pave
the way Tor the blottng out Of n single
vote, or the failure to count single vote.
on any pretence whatever. Charges of
fraud or Of intimidation can only be cousid-
cred when "a Commissioner or Supervisor
within twenty-fouT hours after the re-
ceipt Of his returns, has made complaint of
such fraud or intimidation in sworn and
attested statement. attached to, and for |
warded by mail with the returns of the mar. |
ish; aud duplicate copy of the complaint |
must be delivered TO the clerk of the court
OF that parish.
Inc necessity OF such n provision is obvi-
Gus. The law intends that all the SUPER, isors
should he engaged simultaneously in mnk-
ing up their returns, without communica-
tion with each other aud before they can
know the general result. The law intends
that there shall he no opportunity for err
post fdcto complaints and outrages, trlmp-
ed up nj the last moment to change the re-
suit of the vote. Even "A Supervisors pro-
test can be entertained only when II il
made III the proper form and at the proper
time
Now. was the law complied WITH Asa
matter OF fact most Of the protests which
were made by Supervisors were made i'm
New Orleans. and long after the time had
elapsed when they could be legally made.
The complaint. and the returns were NOT
forwarded by mall rs required by law. but
were brought TO New Orleans in the pock-
Its of the Supervisors and retained until IL
'ould be determined how many votes must
20 thrown out in order TO defeat TILDFN.
The complaints OF violence and intimida-
ION were patched mp IN New Orleans af-
er the result in the state was known with
accuracy. In not a single in
tance did n Supervise deliver to the clerk
II his parish court copy of the protest
he proof required by law that the law had
ieen complied with Several hundred er
'dHc afiidaylts, charging intimidation.
we're prepared and sworn to in New Or
cans and then put into the envclopes en-
losing the Supervisors returns, which had
'een kept open for the purpose On such
protests. and on challenges put forward by
'AcKARD and KELLOGG aud other outside
'hrues tho Board proceeded in secret SEES
ION to throw out the votes OF whole par
hes II refused AT the time TO make pub
&c the process by which II illegally ar
wed at the result declared, Just rs now,
Win consummate insolence, it denies the
lght Of Congress To investigate its pro- ,
eeding-
In not single known instance did the
returning Board have authority, even by
: own Interpretation of its own powers.
ID 20 behind the returns. BY the law of
louisiana 1t was obliged 70 declare the re- {
llt upon the face of those returns.
The report Of the Democratic commit 9
re has completely demolished the pre-
Inoe that there was a shadow of legality t
bout the action Of the Louisiana Board. I
shows that the Republican party has c
s.l.A "a