The New Orleans Democrat., 1876-06-22

Its infamy. Pilloried in the execration
and contempt Of the wise and the good,
1t must ever be the judges shame, the
lawyers blush. And when the glad day
Of our deliverance shall come, and 1T re-
uuires no prophets eye to see even now
the flushing OF it's kindling splendors,
the people of Louisiana shall draw
around that courts history and its vol
umed reports the black lines OF their
and let them forever re-
main the apocrypha OF our jurispru-
dence, never to be referred to as prece-
dent or authority in any court or case.
And yet it Is but just to say that the ire.
quent and able dissenting opinions OF
Wyly and Morgan show that they were
true to their judicial duties. and that
their brains and heart were never in all
the record Of this sad betrayal OF law
and right. take it, therefore, that but
little weight will be given to the parti..
san decree OF the Supreme Court OF
Louisiana in the case OF Burton vs..
Hicks, cited by the gentleman from Mis-
sissippi. In that case there was dis
senting opinion by Judges Morgan and
WHY, in which they characterize these
provisions OF law regulating the count
ing and care Of the ballots as manda-
tory, S0s salso aheld 1vdge Hough, the
District Judge, who tried the case IN
the court, "a qua.
Court. Ia their opinion in the case of Burton VS..
Hicks (aee records, 1881, well say: The votes
are to be counted by the commissioners at each
voting place immedlately after closing the oece te
place where the votes were received and the
counting must be done in the presenc of any
bystander or citizen who may be present. These
provisions of the law are not only directory, they
are peremtory, and they. were enacted. think
in order that the people should be assured laif
ballot, fair count. and an honest RETURN"
McCrary tLaw of Elections. section 39,j says
One of the most i'm portant and Imperative re-
quirements of the law OF election is that the bal
lots. from the time they. are cast until they are
canvassed, must be safely and securely Kept
Frau ds upon the ballot-box are very frequently
perpetrated by tampering with the bal lots aftel
they are cast and before they are counted. 1t IL
are statutes requiring that the ballots be publiell
canyassed imnediatey upon % the closing oi th n,
polls ~ H. is hsl,t clear IN tha. M where an, I'M
securely kept until canvassed and the result an
nounced has been so grossly violated as to hav,
afforded opportunity for fraud and and tamperin'
Turning then to sections 1, Is and 4
OF the election law of Louisiana, th'
very sections declared by the majorit.
OF the Supreme Court in the case citet
by the gentleman from Mississippi (Mr
Wells), we find that they relate partic
uiarly to the count of the vote and tn,
time and place OF the election and tn
count. Let us see:
SECTION |. Be 1t enacted by. the Senate an
House OF representatives Of the State Of Lou
isiana in General Assembly convened. That a
elections for State. parish and judicial officers
members Of the General Assembly. and 10
members OF Congress shall be held on the frs
Monday in November. and said election shall
styled the general elections. They shall be hel
| in the manner and form and subject to the regu
| lations hereinafter prescribed and no other.
| The Supreme Court OF Louisiana de
cides this section merely directory. Ye
| it fixes the time OF holding the election
Cooley's Constitutional Limitations
page 619, declares 'Time and place ar
failure to comply with the law in thes
particulars is not to be treated as q mer
| irregularity."
But / call the attention OF the Hous
to the unusual language OF this sectio
which declares that ''all elections, etc
'shall be held In the manner and forI
and subject to the regulations hereina
ter prescribed, and no other" No di:
cretion is left to the officers Of the elet
ton as to conduct
The section is clearly mandatory
its character, Notwithstanding the dt
cree of the Supreme Court, relied on b
the sitting member.
But again, section thirteen is declare
in that same decree to be merely dire
tory" Let us see what 1t is
SEC. 49, Be il further enacted ETC., That 1t sha
be the duty of the commissioners Of election
each poll or voting place to keep list oi II
names Of the persons voting at SUCH POI
one to the end: and said list of voters. with the
names and numbers rs aforesaid. shall
signed and sworn to as correct by the commi
sioners Immediately On closing the poiis: q Il
box. II no Judge, or justice OF the peace.
other person authorized to administer SUI
oath be present to do So It may be administer, ST. +
after closing the election and without movir
the boxes from the place where the tn vote votes we
Bs'IHe Be- present. Tally lists shall be kept Of u
count, and after the couat the ballots count'
shall be put back into the box and preserv,
until after the next term OF the criminal or Oil
trict court. as the case may be; and In the pa
ishes. except Orleans. the commissioners !,
purpose shall carry the box and deliver It to q
clerk Of the district court, who. shall preser
the same as above required and In In tne 81 palr ar
Of the First District Court for the parish Of Y
leans, and be kept by him as above directed.
It Is seen at glance that this sectic
provides the method OF countir
the vote. Inc count OF Jno VO
is the second essential element
an election. The section declares no
and when and where the vote shall
counted, thus going to and directly 9
fecting this important essential, No
turn to the next section decreed to
merely directory"
SEC 49, Be It further enacted, ETC.. That imm
diateiy upon the close Of the polls on the day
election the commissioners OF the election
each poll or voting place shall proceed TO cou
, fhe votes as provided in section 10 Of this o
and after they shall have SO counted the vol
and made list of the names OF all the perso
| voted for and the Offices for which they We
voted for, and the number OF votes received
each the number of ballots contained in the
and the number rejected, and the reasons thel
for. duplicates Of such lists shall be made 0
, signed and sworn to by the commissioners
election OF each poll. and such duplicate IL
shall be delivered. one to the supervisor OF reg
tration of the parish, and one to the Gle
and in the parish OF Orleans
! the Secretary of State. by one .
. ali Of such commissioners in person vi!
in twenty-four hours after the closing OF
nolls. 1t shall be the duty OF the supervisors
registration, within twenty four hours after !
receipt Of all the returns for the different DOLL