The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1876-11-25

ment 0fany Supervisor Of Regis-
trati0n or Commissioner Of Elcc-
tion, in form as required by Sec
tion 26 Of this Act, an affidavit Of
three or more citizens, OF any riot
tumult, acts of violence, intimida-
tion, armed disturbance, bribery
or corrupt influence, which pre-
vented or inteLded to prevent u
fair, free and peaceable vote Of all
qualified electors entitled to vote
at such poll, or voting place, such
Returning officers shall not canvass
count, or compile the statements
Of votes from such poll or voting
place, until the statements from
all other polls or voting places
shall have been canvasseds and
compiled. The Returning officers
shall then proceed to investigate
the statements Of riot. tumult,
acts OF violence intimidation, arm
ed disturbance, bribery or corrupt
influences ut any such poll or vot-
ing place, and ii from the evidence
of such statement they shall be
convinced that such riot, tumult,
acts of violence, etc.. and did not
materially interfere with the puri-
ty aud freedom of the election at
such poll or voting place, or did
not prevent q sufficient number Of
qualified votes thercat from regis
tering or voting to materially
change the result Of the election,
then and not otherwise said Re-
turning officers shall canvass and
compile the vote OF such poll or
voting place with those previous
ly canvassed and compiled; but If
the said Returning officers shall
not be fully satisfied thereof, II
shall be their duty to examine
further testimony In regard there.
to, and to this end they shall have
power to send for persons and pa
pers. II after such examination
the said Returning officers shall be
convinced that said riot, tumult,
acts Of violence, ETC., ETC., did ma
terially interfere with purity and
freedom of the election at such
poll or voting place, or did pre-
vent a sufficient number Of the
qualified electors thereat from
registering and voting to material
ly change the result ofthe election,
then the said Returning officers
shall not canvass or compile the
statement Of the votes Of such poll
or voting place, but shall exclude
1t from their returns; Provided,
That any person interested IN said
election, by reason of being q can
didate for Office, shall be allowed
Q hearing before said Returning
Officers, upon making application
within the time allowed for the
forwarding of the returns Of said
election
Hence, If there arise any facts
requiring the judgment Of the
Board upon the validity OF any
election or return as affected by
such frauds or violence, it would
be q manifest interference with
State rights and local self-govern.
ment for persons like oursclvcs
without official right. to attemp,
to influence or control its judicia
action.
Had o corresponding Board II
the State of New York, in 1868
been authorized TO pass upon th'
frandulet returns of votes Of Iii,
city Of New York that year, an,
had a delegation Of citizens o
Louisiana, however respectable
attempted to influence its judicia
action upon the facts presented &
II under the laws Of that State
such attempt would have been uni
versally condemned.
If the dutics Of the Canvassin
Board Of Louisiana were mcrcl
ministerial or clerical, as in case q
an officer charged by law the dut
of verifying and declaring the rt
suit Of an election and invcste
with no discretion, as where N
President Of the Senate court
and declares the votes Of the Ele,
tors Of the several State IN III
election of President and Vic,
1 n l.