The New York herald., 1876-12-22

that any republican poll In the state WAS rejected; did
not state Mr. Frcret In 1874 that the republi-
had the machinery of the government and had
claim against the government that my action on Tho
Returning Board must be governed accordingly, al
though claims Of the members oil my family against
the government amount IN tho aggregate 70 about
100000; was not influenced thereby in my
action; the clause in Tilden's letter say
ing that he would veto such clam
as mine did not influence my course am Surveyor OF
the port and President OF the State Board OF Returning
Officers, but do not think holding both positions Is in
conlrayenlon 10 President Grants order that no fed
era officer shall hold State Office; do not receive any
nxcd compensation as member OF the Returning
Board but receive per diem aud mileage; expect tho
bcrs Of the Returning Board; some Of my
relatives we're appointed TO Office In 1874
have receipt book TO show when the returns were re-
ceivcd whether by mail or Otherwise, believe the law
says that the returns shall be made by mail, but did
not cons,rue that way; kept minute book OF all the
proceedings of the Board; minutes were taken in
secret session, they made atterward II stated
to the committee IN letter Of the Board refusing TO
give up all papers, that being State oaicer, could
rot part with the records did IL under wrong con
struction OF the law; the Board filled a vacancy
in 1874, caused BY the RESIGNATION Of Gen
erai Iougsireet, but did Lot fill the va
csncy in 1876, canscd by the resignation
OF Mr. Arroyo in 1875; believe the law says there
duty Of the Board I'LL vacancies but did not ill the
vacancy In 1916 because the Board could not agree
vacant position on the Board. is gentleman OF high
standing rreproachable character and friend OF
NINE, but the Board could not agree on his appoint
lnent, and no other namc was presented; did not
vote on the question, and do not think any member
the Board was much opposed to Dir. Kennedy, but In
taking over the question we found that we could not
agree
WHAT THE MINUTE BOOK SAYS
The witness ordered 10 send for the minute book
showing the proceedings OF tho Board and the receipt
book showing tho date OF reception Of returns and how
they were received whether by mail or otherwise The
law says tho must DO sealed and forwarded by
supervisors OF registration by mail. II was found
when the minute book arrived that 1t did not contain
the proceedings or the secret session, and the
witness stated that 1t was tho wrong book
The witness took tho receipt book and said
others. Mr.. jerks, OF the committee, read
from STUBS the other portion OF tho being
Of tho returns from the parishes. In seven eight
instances the entries showed the returns had been
ccivcd part by mail and part by hand Two or three
were marked received by express and tho greater
portion were not marked as being received either by
mail express or hand. When the book had been
through the witness stated that since he heard its
tents read he did not bocvc the Board had any other
receipt book.
THE EVENING SESSION
At the evening session Charles s. Abcl assistant
secretary of tho Returning Board, was called to the
stand and testified Resides on Robinson street. New
Orleans been there 1874 from Shreveport
have been in the State 1869; hativo oil Rhode
Island has been acting as assistant secretary of tho
uaIly during tho sessions of the Board; during tho
open sessions, when tho committee from tho
time, but only occasionally when ia cxccu.
tive session; received the returns when they
came to hand and receiptcd for them to the super
visors were amended returns received; the
papers presented by the democratic committee were
received by me; IN the case Of the Baton Rouge box,
IT was received from the Clerk OF the Court, also the
one from Concorda; did not know how these returns
affected the original returns; they werc asked for by
the democratic COUNSEL simply recciptcd for tho box
from Concordia from the person styling himself the
clerk OF the court here had record 0f the date Of
IL; gave no Official receipt for Il; the custom OF the
supervisors TO establish poll in each justce's
ward; could not state whether returns were received
from all The polls in the State; only knew from com
mon report whether any polls were not returned; his
duties as assistant secretary gave him control OF the
clerks, but examined the tabuated statement;
that duty left to the ehicf clerk only knew that the
Board canvassed all returns returned to II; cannot
state what the result for tho different electors
10 the witness and he asked TO the accuracy
regard to the whole number, which was sxty-niDe;
on being asked the total number, the witness stated
that he had not footed them up, and wns directed
10 furnish the additions TO morrowi did not know
that any polls in the parish OF Orleans
knowledge Of anything not returned by the Supervis-
ors, and could not act op polls not before them wit
Board IN number OF instances which no had no rc-
mcmbrance; am member Of the Flour Board, also
appointed by Governor Antoine last August am paid
by the fees IRON the Office which run from $500 TO
sioo per month; in 1874 inspector the Custom
House at So or $4 per day; was then
witness stated that he had real estate but
refused TO state where II was located, stating IL
of questions relative to his business and income in an
emphatic manner; heard no talk about counting Til
den out by the Board; tho vote tor Presidential elect
ors was delivered 10 the Secretary OF Stale at Ave
O'Clock on December ).
Tho minute book Of the Returning Board shown
the Witness and he was asked whether tho Board did
refuse TO any further testimony Friday,
December l. He replied that he did not know, as he
could find no record OF IT.
RKruRNISG BOARD IN CONTEMPT
Tho House committee, in executive session to-day,
instructed Mr. Morrison, chairman, to report the mem.
bers OF the Returning Board 10 the House Tor contempt
IN refusing TO produce the records called Tor
INDIANA.
VIEWS OF ATTORNEY GENERAL BUsKIRK AND
COLONEL A. T. wHTTLEsEY ON THE PREsI-
DENTAL COMPLICATIONS.
[BY TELEGRAPH TO THE HERALD
INDIANAPOLIS, Dec. II, 1876.
Hon. Clarence A. Buskrk is the Attorney General
Of Indiana He is young OF acknowledged abil-
ity, elected by the democracy two years ago.
and reelected TO the position in October last His
residence is in the Packet tho myegnable stronghold
OF Indiana democracy the region from which Governor
Blue Jeans Williams emanatcs.
attorney General Buskrk has given me his views on
tho Presidential complication far the great aud
important and perhaps decisive work OF Congress In
February concerned He said that tho duty OF the
President OF tho Senate in tho matter Of opening
and counting the electoral votes for President and
Vice Presdcnt is purely ministerial II any questions
arise Of judicial nature they must be settled by tho
House and Senate acting concurrently. This 10 the
construction Of the constitutional provision tho
subject, for tho following rcason:-
II well settled in the Interpretation and con-
structon oil statutory and constitutional provisions
that the construction must be reasonable and DO
interpreted to lead TO absurd and mischevous
results, but rather to results reasonable and
benenccnt o. course ho referred ambig-
uous provisions concerning whose meaning thero
Is doubt and whero tho language used is
not plain and imperative. $40 construc tho provision
In question | have ndicatcc - said the Attorney
General, s'would be reasonable, safe and just-the
great and responsible power being lodged in tho rep
rcsentatives OF the people in their highest capacity
and consistent with the spirit OF free Institutions
tho contrary say that the great lodged
solely in tho presiding officer OF the Senate
Is TO open the way 10 absurd and dangerous conse-
qucnces in this that u makes our government auto
cratic. rather than representative IN the most solemn
event OF tho nationthc election OF its Chief Mags
tratc--and this aulocracy would bo contrary the
whole spirit OF the constitution
WHAT COLONEL wnlTrLEsEY
Colonel A. T. Whiitlesey is chief OF IN executive de-
pariment ofihe State and holds conldcntal perEonai
and official relations 10 Governor Hendricks Ho was
for years leading journalist IN southern Indiana and
N var manared