The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-04-26

statement of such facts and forward th
same TO the supervisors OF Registration
with his returns OF election, and the super
yiso OF registration shall forward the sam
to the Returning Board. The Returnin
8 Board Is required to investigate the state
: ments OF intimidation, and to exclud
from the returns which it makes t
the Secretary Of State the returns re
ceived by it from those polls or voting
places where fair election has beel
: prevented by the causes above-named. Th
same law further declares 1t shall b
J the duty of the secretary OF State to trans
nit to the clerk OF the House OF Representa-
, tiyes and to the Secretary OF the Senate o
the last General Assembly list Of the name
of such persons as. according to the returns
shall have been elected to either branch o
the General Assembly, and it shall be tn,
duty OF the clerk and secretary to place thu
names OF the representatives and senator's
elect so furnished upon the roll OF thu
House and OF the Senate respectively, anG
those representatives and senators whose
names are 80 placed by the clerk and secre
tary respectively, in accordance with the
foregoing provisions, and none others, shall
be competent TO organize the House Of Re.
representatives. or Senate.
It is claimed by counsel for the Nichols
government that this act, so far as 1t inter
poses the Returning Board exercising these
powers OF exclusion between the parish
supervisor of registration, with his consoli-
dated returns. and the Secretary OF State,
is, when applied to the election OF members
of the General Assembly, OF Governor, and
Of Lieutenant-G overnor, plain violation
of the provisions of the Constitution of
Louisiana, which say: "The returns OF all
elections for members Of the General Assem-
bly, shall be made to the Secretary OF State %;
and in reference to Governor and Lieu
tenant-Governor, "The returns OF every
election shall be sealed up and transmitted
by the proper returning officer to the Sec
rotary OF State, who shall deliver them to
the Speaker of the House Of Representa-
tiVes."
On the other hand, it is insisted by colln-
sci for the Packard government that the
Legislature has the power to create this Re-
turning Board, and give it the authority
with which the act clothes it,. 1t is also
claimed by them that the constiiutionality
OF the act has been settled by the Supreme
Court OF the State. But the Nichols party
denied that the question was decided by
| the Supreme Court in 4 manner that
could be considered authoritative It has
been further stated that it is not claimed by
the Nichols government that the Legisa-
ture could not create returning board
and c1othe it with power in regard to the
appointment OF Il presidential elector,
since the provisions OF the State consttu-
ton on which they rely relate only to the
election Of members and to Governor
and Lieutenant-Governor. We quote the
following sentence from one OF their
printed arguments: "lndccd, as to
presidential elections, the mode Of
their appointment is by the Constitu-
ton OF the United States lett to the
discretion OF the Legislature OF the
State" Therefore the General Assem-
bly, OF Louisiana might create any tri-
bunal whatever and contidc to it the ap-
pointment OF electors for President and
Vice-Prcsident. Consequently it may pro-
perry authorize such tribunal, in the 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 Electoral College.
| As matters stood on our arrival here
the legal title of the respective claimants
to the Office OF Governor depended upon
the question we have stated. There
was no judicial tribunal acknowledged to
be authoritiye by both parties by which it
could be solved for the reasons given The
only hope Of a practical solution was by a
union OF so many members OF the rival
Legislatures as would make a Legislature
with a constitutional quorum Ill both the
Senate and House OF members whose title
! to the seats is valid.
Under either view OF the law with a
legislature OF undisputed authority, the set
Element OF other questions could, as stated
in the letter OF instructions to our commits
sion from the Secretary of State, be gradll.
ally worked out by the prevalent authority
which the legislative power, when undis-
puted, is quite competent to exert in CON-
posing conflicts in the coordinate branches
OF the government. Within the last three
days this first great step in restoring peace
$ to the State has been accomplished.
In consequence OF a withdrawal OF mem.
bers from the Packard to the Nichols Legis-
lature the latter body has now 81 Return
ing-Board members in the House and 81
Returning Board members in the Senate.
SiXty-one members constitute constitu-
tional quorum in the House and 10 in the
Senate. It is proper that we should say, in
conclusion, that it was in view OF the fore
going facts. especially the consolidation OF
the Legislatures and our knowledge of the
condition OF Louisiana derived from per-
sonal contact with the people, that we were
induced to suggest In our telegram OF the
10Th instant that the Immediate announce
ment Of the time when the troops would be
withdrawn to their barracks would be better
for the peace Of Louisiana than to postpone
such announcement to some distant day.
The commissioners, holding various shades
of political belief, cannot well concur in
any sketch OF the past or probable future OF
Louisiana. We have forbore in this report
to express any opinion upon the legal ques-
tons arising upon the foregoing statement
Of facts, because our letter Of instructions
seemed to call for a statement OF facts
rather than an expression OF opinion by
the commissioners. We all, however,
INDUCED in confident hopes OF bet
ter days for all races in Louisiana.
Among the reasons for these hopes are
the resolutions of the Nichols Legislature
and the letter OF Governor Nichols, here
with submitted, and which have already
been given to the public, with an earnest
! hope that the adjustment which has beer
made OF the political controversies Of
louisiana will be of lasting benefit to thai
State. and will be approved by the patriotic
people OF all sections.
We have the honor to be your obedlen
servants, CHARLEsB. LAWRENCE,
JOSEPH II. UAwLEY,
JOHN II. HARLAN,
JOHN {. BROWN, I.
WAYNE MCVEIGH.
SOLICITOR OF THE TREASURY.
With regard to the Solicitor OF the Urea
sury, it seems now that the announcement
of the change in the solicitorship Of tht