New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-25
Communicated
The Legal Questions Arising in the Lou.
tsiana Situation.

Communicated
The Legal Questions Arising In the Lou.
tsiana Situation.
EDITOR REPUBLICAN,:
With your permission propose to discuss
in q series of papers the following PROPOSE
tiOns:
l. That the Returning Board of this State
il an equitable commission justified by the
peculiar circumstances of our case, clothed
with ample powers under the law to de-
termine and declare the result of an cleo
ton, without violating any provision OF the
constitution, or disregardlng any principle
of civil liberty or usage of our institutions.
>. That whenever an election occurs n
this State, in which Federal officers are to
be chosen. the enfOrceme Mt act Of Congress
of Nav, 1871. in regard to elections affected
bv fraud or intimidation on account OF race
or color, becomes q part OF and supple
mental to the statutes of the State in re-
gard to elections, and may be applied and
enforced by the State Returning Board in
determining the result OF the whole election
as we'll az by the United States Circuit
Court, in the cases not exclusively confined
to that tribunal That accordingly the
State Board has not only the right to reject
the returns from polls affected by any OF
the causes mentioned in the State law, but
has also the right to count as cast such
votes as were prevented, whenever the
proper evidence is presented to the board
az required by the provisions Of said en-
force ment act Of Congress.
3 That in passing upon any question OF
fraud or intimidation, or undue means OF
any kind as justifying the re election of any
poll or parish under the State law. the Re-
turning Board is clothed with full power
and discretion to determine all such ques-
tons in making q prima facie case for any
candidate, without any power OF appeal
or review In any State or Federal court.
4. That electors of President and Vice
President are not officers within the mean
ing of State or Federal lave, but mere
agencies Or instrumentalities by which the
majority Of the people OF State express
their choice for President and Vice Prest
dent Of the United States; 30 that really
the election of such presidential electors II
such an election as makes the enforcement
act OF 1871 part Of the State law for eli
the purposes OF the election. 1t this were
not 30, the election of members of Con
gress is clearly within the purposes of the
! set.
5. That if in any parish or parishes thu
names of the electors on any ticket or tick
cts have been omitted for any reason what
ever, and the intention of the voter can 81
made to appear in any manner to the salts
I6CClOn OF Cuo NetuEAIuE DodTu, eucu SoIo
should not be thrown out, but considered a
cast by the voters and counted accordingly
6 That in determining the result of tn
election as between opposing parties q
Candidates by the application OF the law G
!; Congress, the Rsturning Board nas tn
| right to apply the same meth1ds and ev
dence "a may be applied IN the Unite
! States Courts in the case of cult to n
cover an csfce by the defeated caEdidst.
under the twenty-second section of tina
law.
/ Isee that public attentio ie now cal
pestly directed to the solution Of the que
lions involved in the Louisiana election
| and my only purpose OF desire is to Col
tribute to fair, legal end just conclusion
| II.