New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-21

| places here with the reporters. They will
remain with us during the whole OF our ses-
sion. They will see and examine for them
selves the opening of all papers, and we
have laid our rules down for the purpose of
facilitating our count or our action in the
matter. We have but short space of time
allowed us-oniy up to the sixth of next
month-and We apprehend if we we're sur
rounded with q multitude of people We
| shall be disturbed, and our proceedings
will be extended beyond that time. We
] therefore can not accept the Gentleman q
| amendment to our rules.
In reply to the protest filed with us at our
last session, we have examined it, and we
| answer your protest.
The board has considered the protest or
| objections filed by counsel, and has arrived
at the following conclusions:
To the first objection, that the act Great
| ing the board has the effect of "creating q
government not republican in form or char
acter" seems to us to be political ques-
| tiou that can only he decided by the Con
| gress OF the United States.
] To the second objection, that this board
is vested with judicial power, which is in
violation Of the constitution, this board is
not court, but commission appointed by
| the Legislature with special and limited
powers; it has no Jurisdiction to decide con
stitutional questions, such as is presented
in this protest. 1T this board be an uncOn-
| stitutional body, the courts having juris-
| Giction to pass on this question are open to
| any pc rson having the right to contest it.
| TO the third objection. hat this board Is
| not legally constituted: The act creating
| this board provides for the original organ
zation, and it was originally organized as
| the law directed; all polite al parties at that
| time organized or recognized were repre-
l sented on the board: at that time there was
| no party known as the Democratic Corser-
| vative party; there was no provision in the
| law for reorganization of the board; SO it
| could not have been contemplated that the
board should be changed to suit shifting
| political organizations that might subse-
| quently be made.
| To the fourth objection, that this board
| should not canvass or count the votes for
| Presidential electors as there is no law
giving this board Jurisdiction. The law
creating this board says:
| SEC , That this board shall be the re-
turning officers for all elections held in the
| State"
! This seems to US to cover that for the
| ia no room for doubt; the objection as to
whether the ELECTORS" are State or Federal
| officers. is not material.
| To the fifth objection, that this board
| can not canvass or count the votes cast TOR
/, Brewster or Lsvi5ee as candidate for
! Presidential electors. for the reason that on
| the day of the election they we're holders Of
office of trust or profit of the United States,
| and were consequently ineligible to the po-
| sition of electors. This point will be re-
served until the evidence shall be produced,
| merely suggesting that We have doubts as
| to whether this board can question the eli
| giblity of candidates, our powers being
| confined to the canvass or compilation OF
| the votes.
! rolo,,, y ,oL.r;,- ,-VV;ll ro,, perp,;t mn N
| file an additional protest in the case Of
| members of Congress. whose protest was
| unnten tionaily omitted the other day; II
| covers the same ground!
President Wells-There is DO objection to
it.
Judge SpotiUri-NilI you allow me to in
! qure if the board has been filed or is full?
President Wells-The board has not been
| filed.
! further, perhaps, should say that we de-
President Wells-Let us have no discu,
sion.
Colonel Zacharie-I desire no discussion;
l give notice of desire to file prOtest to
your ruling.
President Wells-Wheu you get that
ruling, bring it forward.
Colonel Zacharie-A protest against the
adoption OF the rules which have been read;
will you see that We are supplied with
copy OF them!
President Wells-You shall be supplied.
President Wells-The name of MIR. Hu.
Kennedy has been submitted to the board
to ill ona OF the vacancies in the board;
now We know of but one vacancy, this i'm
plies there must be more, and We would be
glad to have some information in regard to
the question whether the gentlemen con-
template insisting upon another appoint
ment after the appointment to till this va
cancy.
General Anderson-I call for the prodrc-
ton of the letter of Louis Bush, vice pres
ident and chairman of the Democratic Ex-
ecutive Committee, in which the question
was raised.
The letter was read.
President Weils-We have taken no ac-
tion upon it as yet; it will go over subject to
call.
Mr.. Kenner-I move that it lie over.
Seconded by General Anderson. Carried.
President Wells-If there is nothing fur
ther we will proceed to take uD some of the
parishes.
Colonel Zacharie-I would like to make
protest on the ground that the board is in
competent.
President Wells-Write cut your pro
test.
Colonel Zacharie-l simply ask now that
L may reserve Lno point.
President Welis-I say that the board
will proceed to business 1t will not be fet-
tered in its transactions by counsel. Ii you
have any motions or any protests, write
them our and bring them forward.
Colonel Zacharie-Will the board delay
proceedings until can put in the protest.
President Wells--We can not delay.
Colonel Zacharie-I wish to say that l
consider the board Incompetent.
Draai1apf Wa1la-That ia eutficippt We
will take notice of it.
Mr Kenner-I move that We take up the
canvass OF the returns according to rule
four.
Colonel Zacharie-I have aprotest on an
other point. 1t Is desired that counsel for
the United States supervisors, with the su-
peryisors, be allowed to be present, as the
United States law so authorizes them.
President Wells-Whenever it is neces-
cary to have them present we will call Tor
them.
Colonel Zacharie-l have an opinion of
Mr. Baker on that subject and will file it
with the board.
President Well s-FiIe it with the board.
Colonel Zacharie-I understand that the
board refuses to admit them.
President Wells--You understand me to
say 60. You understand me to say that when
ever the supervisor Of any polling place or
parish is required before the board that su-
peryisOr will be brought forward; or the
supervisor asks me.
Colonel Zacharie-I am counsel for some
of them, and make my request as such.
President Wells-What parish
Colonel Zacharie- Orleans.
President Wells-That parish is not under
consideration.
Colonel Observation-Disclosures the parish
20 oa,Iad will the privilege of appearing bo-