The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-04-11
NO LEgAL CONNECTION DETWEEN
THE VOTE FOR ELECTORS AND
GOVERNOR.

Hayes' Commission seem TO be more
infant upon relieving their friend from
the embarrassment growing out OF the
supposed identity Of his title and that
of s. B. Packard, than upon aiding La
establishing il this State o government
having the confidence OF the people. we
may as we'll show to them that there ls
no connection whatsoever between the
title OF the Governor OF this State and
that of Presidential electors.
Conceding the eonstitutionality 81
the act approved November 20, 1879.
creating the Returning Board, and
admitting, for the sake OF argument,
the legality of that Boards action
with respect TO counting the votes
for Presidential electors, 1t will hardly
be claimed by anybody with the least
pretension to intelligence that, where
the powers assumed by the Returning
Board officers In respect to any mat.
ter are In direct conflict with the CON
stitution Of the State. the latter must
give way to O. forced Interpretation Of
the law by interested parties.
This Returning Board act (see sections
three and twenty.six) requires that the
Supervisor of Resignation shall. among
other things. deliver to the clerk OF the
court of each parish copy OF all state
ments Of riot. tumult, acts OF violence,
intimidation and disturbance, bribery
or corrupt influences. emanating from
the Commissioners of Election or from
himself, duly sworn to and eorroborated
under oath by three reputable citizens,
qualified electors of the parish. This
provision was adopted, OF course, with
the view of giving the people an oppor-
tunity Of Investigating such statements
and disproving them when false. and OF
enabling District Attorneys to prosecute
offenders. The law also requires that
such statements be attached, by paste,
wax or other adhesive substance, to the
returns made to the Returning Board.
In order that this body may intelligently
canvass the votes transmitted to It.
Now, even admitting that this law
can by any principle OF reasoning be
made to apply to the canvassipg OF the
vote for Governor, 1t IL fact well
known and undeniable that in not one
solitary instance was the law complied
with; that In no single case were such
statements filed as required with the
clerks OF the courts. The Inevitable
conclusion must therefore be that there
was no ground Of complaint In any par
ish legally expressed. and that the vote
az cast on the 7th Of November, show.
ing majority of over 5000 for Francis
T. Nichols, must be accepted as the
expression of the will Of the people, and
Nichols be held to be the de jure Gov.
ernor Of the State.
But the fact is that the Returning
Board has no more authority to canvass
the guberaatorial vote than the Shah Of
Persia. Any statutory provision which
Ia In conflict with the constitution is. 81
course, an absolute nullity. Now let vi
see what our constitution says in refer
enoe to this matter.
Article 40 reads as follows:
ssrhe supreme executive power OF the Stat,
| shall be vested In chief magistrate, who shal
be styled the Governor Il tho state of Louisiana
He shall hold his office for the term OF four years
and, together with the Lieutenant Governor
chosen for the same term. be elected a. follows
The qualified electors for Representatives sbal
vote for Governor and Lieutenant Governor a
The time and place Of voting for Representatives
the returns OF every election shall be sealed Vi
and transmitted by the proper returning office
| to tho Secretary Of State VIII shall deliver then
] to the Speaker Of the House If Represent
atives on the second day Of the session OF tn
General Assembly then to DO holden
This article clearly and unequivocall,
directs that the returns for Governo
shall be sealed by the proper returning
officer, and be by him transmitted
seated, to the Secretary OF State, VIII
shall deliver them. sealed, to the Speake
OF the House Of Representatives, to tn
end that the members OF the Genera
|, Assembly shall examine the scales
packages. and, IL intact, count the vote
polled, and proclaim the result. !
would, therefore, appear TO any I'm
biased mind that no one could legal
break the seals and open the package
containing the gubernatorial return
other than the Speaker Of the House Q
Representatives, and that all person
so acting In violation Of the letter an
spirit of the constitution are and shout
,, be held liable to criminal prosecution
But the same article provides furthe
that "the person hauing the creates
number Of uotes for Governor" "a
shown by the sealed package delivere
, | to the Speaker,) "shau be declared dul
elected" and "the person having th
, greatest number Of votes polled fo
Lieutenant Governor shall be Lieuter
ant Governor"
The returns thus made, sealed up, de-
livered to the Speaker Of the House {
! Representatives and counted by th
/ bora of the General Assemhl,