The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-02

frauds under consideration more indeiensible than
the pretended canvass Of this board. The follow.
abolished by the act Of Nov 20. q The board was
valid az and existing nSHct4 9R restraining il
existence and had full authority to canvass the re-
| turns, it had no returns to canvass. The returns
from the parishes had been made, under the law
of 1870, to the governor and not ore of them was
before the Lynch board.
And yet it was In pursuance of the
action of this Lynch returning board
aided by the army of the United States
that the present state government in
Louisiana was set up and has ever since
been maintained in power. Do you ask
HOW THIS WAS POSSIBLE?
| will tell you Kellogg applied to E. Fl.
Durell, judge of the United States district
court for the district of Louisiana, to
assist him TO get possession of the state
government, and in Judge Durell backed
from Washington, he found a willing in
strument. prefer that the committee of
Carpenter, Logan, and others should state
how this was done. This is their language
We come now to the saddest part IN this melan-
choy business, the Interference offederal authority
with the affairs OF the state OF Louisiana =
Judge Durell 'out of court, at his house, late at
night, Dec. 5, without application by any party,
I'll,
and 1t is hoped win remain in judicial proceed
ings
The order is as follows:
In order to prevent the further obstruction of
proceedings in this Iause and. further to prevent
violation of the orders Of this court the imminent
danger OF disturbing the public peace it is hereby
ordered that the marshal of the United States for
the district of Louisiana shall forthwith take
possession OF the building known as the Mechanics
Institute, aud occupied the state-house for the
assembling OF the Legislature therein in the city OF
New Orleans, and hold the same subject to the
further order Of this court and meanwhile to pre-
vent all unlawful assemblage therein under the
gulse or preteXt OF authority Gained by virtue OF
pretended canvass and returns made by said pre-
OF said restraining order; but the marsh al is
directed to allow the ingress and egress to and
from the public offices in said building OF persons
entitled TO the same.
The marshal on receiving this pretended
order called for a detachment of United
States troops to act as posse cOnaitdtuS,
seized the state-house at a. N. of Dec. 6,
and held it for weeks.
Dec and Judge Durell issued further
injunctions and restraining orders, the
design and effect of which were to prevent
any person taking part in the organization
of the legislature which was to assemble
Dec 9. Commenting upon these orders
of Judge Durrell the committee say:
Viewed in any light which your committee can
consider them, the orders and injunctons made and
granted by Judge Durrell in this cause are most
re2rehensible, erroneous in point Of law, and are
wholly void for rant jurisdictions and your com.
mittee must express their sorrow and humiliation
that judge of the United States should have pro-
ceeded In such fragrant disregard Of his duty, and
have 80 far overstepped.he limits of federal juris-
dicton.
Here was a restraining order, having the force
0f an Injunction issued for purpose under heaven
except TO control the organization OF the Legislature
and compel the seating of those members who had
been returned and certified to by the Lynch board
and exclude those who had been certified by the
DeFeriet board.
Indeed It'll impossible not to see that this bill
Was filled and the restraining order thereon was
issued for the sole purposes Of accomplishing, wha
no federal court has the jurisdiction to do, the
organization of the state Legislature.
And your committee cannot refrain from express
ing their astontshment that any judge OF the
United States should thus arrantably have inter
| fered with state government, and knew nc
language too strong to express their condemnation
| Of such proceedings.
| 1t is the opinion Of your committee that but fol
| the unjustihable Interference of Judge Durell
whose orders were executed by United States
| troops, the canvass made by the De Ferie
board, and promulgated by the governor
| declaring McEnery to have been elected Cover
| nor, &C., and ALEC declaring who had beer
elected to the legislature, would have beer
| acquesced in by the people, and that government
would have entered quietly upon the exercise of TIL
| gn power of the state, But the proceeding
Of Judge Ourell, and the support given to him b.
United States troops, resulted In establishing thu
authority de tQct0 OF Kellogg and his associates il
state offices and OF the persons declared by tn,
Lynch board to be elected to the legislature w
have already seen that the proceedings of tina
board cannot be sustained without disregardinl
all the principles OF law applicable to the subject
and ignoring the distinction between good tait
and fraud.
Your committee are, the efore, led to the conclu
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