The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-04-26

u"u tue humDer rejected anu the reasons
therefor, and TO make duplicates Of such
Ilsls and send one TO the Supervisor Of
Registration Of the parish Of Orleans and
one to the Secretary Of State.
The law further requires The Srper.
visor Of Registration to consolidate The
returns received from the different poll.
ing places and forward them with the
originals TO this Returning Board.
The act further provides that III there
shall be any riot, tumult, acts OF vic.
Ience, Of intimidation and disturb.
ance, bribery or corrupt influence
at any place within said parish,
at or near any poll or voting place, or
place Of registration, which riot, tumult,
acts OF violence, intimidation and dis!
turbance, bribery and corrupt influences
shall prevent or tend to prevent a fair,
rfree, peaceable and full vote Of all quail.
iied electors. II shall be the duty OF the
commissioners to make u statement Of
such facts and forward the same TO the
Supervisor OF Registration with his re.
turns Of election, and the Supervisor Of
Registration shall forward the same to
the Returning Board. The Returning
Board is required to investigate the state.
ments Of intimidation and to exclude
from the returns, which it makes to the
Secretary Of State, the returns received
by it from those polls or voting places
where lair election has been prevented
by the causes above named"
The sume law further declares
that "it shall he the duty Of the
Secretary Of State to transmit to the
clerk OF the House Of Representatives and
to the secretary Of the Senate Of the last
General Assembly list OF the names Of
such persons as, according to the returns,
shall have been elected TO either branch
OF the General Assembly, and il shall DO
the duty Of the Clerk and Secretary 10
place the names OF the Representatives
and Senators elect so furnished upon the
roll Of the House and OF the Senate re-
spectively, and those Representatives and
Senators whose names are so placed by
the Clerk and Secretary respectively,
in accordance with the foregoing proyis-
ions, and none others, shall be competent
to organize the House Of Representatives
or Senate"
II is claimed by counsel for Nichols
government that this act, so far as it in.
terposes Returning Board exercising
these powers OF exclusion between the
parish supervisor Of registration with
his consolidated returns and the
Secretary OF State, is, when ap-
piled TO the election Of members
Of the General Assembly, OF Governor
and oI Lieutenant Governor, Il plain
violation Of those provisions Of the con.
stitution Of Louisiana, which say the
returns OF all elections ior members OF
the general assembly shall be made to
the Secretary OF State, and in reference
to the Governor returns Of every election,
shall be sealed up and transmitted by
the proper returning officers to the
Secretary OF State, who shall deliver
them to the Speaker OF the House. Of
Representatives. On the other hand il
is insisted by the counsel for the Packard
Government, that the Legislature has
the power TO create this Returning
Board, and give il the authority with
which it clothes it. It's also claimed by
them that the constitutionality Of the
act has been settled by the Supreme
Court, but the Nichols party denied that
the question, was decided by the Su-
preme Court in manner that could lie
considered authoritative. 1t should
be further stated that ii is not claimed
by the counsel for the Nichols govern
ment that the Legislature could not
create 4 Returning Board and clothe it
with these powers in regard 10 the ap.
pointment OF Presidential electors, since
the provisions Of the State Constitution,
on which they rely, relate only to the
election Of members OF the Legislature
and Of Governor and Lieutenant Gov.
ernor. We quote the following sentence
from one OF these printed arguments:
"lndeed, rs to Presidential electors, tho
mode OF appointment is by the COnstitu.
tion Of the United States left to the dis.
cretion OF the Legislature OF u State.'
Therefore, the General Assembly OF Lou.
isiana might create any tribunal what
ever and confde to it the appointment Of
electors for President and Vice President.
Consequently it may properly authorize
such 4 tribunal in case OF the election Of
Presidential electors by the people to
count the votes and decide and declare
who were entitled TO seats in the Elec.
toral College.
THE TITLE OF THE CLAIMANTS.
As matters stood on our arrival, the
legal title OF the respective claimants to
the Governorship depended on the ques.
ton We have stated. There was no Judi.
cial tribunal acknowledged 10 be au-
thoritative by which it could be solved,
for reasons already mentioned The only
hope Of practical solution was by a
union OF so many members OF the rival
Legislatures IA would make a Legislature
with constitutional quorum in both
Houses; members whose title to seat
is valid under either view Of the law.
With Legislature OF undisputed all.
authority the settlement Of other qucs.
tlons could, as stated in the letter
oil instructions TO the Commits.
sion from the Secretary Of State,
be gradually worked out by the prevail.
ent authority which the legislative pow.
er, when undisputed, is quite competent
to exert in composing conflicts in co.ordi.
nate branches Of the government. Within
the last three days this first great step in
restoring peace to the State has been ac.
complished. In consequence OF the with.
drawal Of the members from the Packard
to the Nichols Legislature the latter
has now 81 Returning Board members in |
the House and 90 Returning Board mem.
bers in the Senate; Gl members constitute |
constitutional quorum in the House
and l9 in the Senate.
II is proper that we should say in con.
clusiOn that twas in view Of The lorego.
ing facts, especially the consolidation Of
the Legislatures, and our knowledge Of
the condition Of Louisiana, derived from
personal contact with the people, that we
were induced to suggest in our telegram
OF the 10Th that an immediate announce.
ment OF the time when the troops would |
be Withdrawn would be better for the
peace Of Louisiana than To postpone
such announcement 10 some distant day. |
The Commissioners hold that the various
shades Of political belief cannot well con.
cur in any sketch Of the probable future
We have forebOrne in this report TO
ayNraaa ANU nnin,ns -, al. Ill -. /