The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1877-05-04


by the Returning officer to
he Secretary of State, who shall deliver
hem to the Speaker OF the House of
on the second day Of
The General Assembly, then to be
holden the members of the General
shall meet in the House OF
and examine and count
the vote. 1t will be observed that this
provision of the Constitution requires |
the returng Of the votes for Governor |
and Lieutanant-GOvernO to be sealed
up and transmitted by the proper Re
turning officers to the Secretary of
State, and the same provision made in
substance as to members of the General
but in 1870, the Legislature
passed an Act amended in 1872, which
created II body called Returning
Board consisting of five members to he
appointed by the Senate, and to be the
Returning officers for all elections in
the State. The Act provides that the
of Election at each poll
or voting place, shall count the votes
making u list of the names of all per-
SONS voted for, and the officers for
which the votes were given, the num-
ber OF votes received by each, the num-
Der OF ballots contained in the box, and
thenumber rejected and reason thereof,
and to make duplicates Of such lists
and send ono to the Supervisor Of Reg
istration Of the parish, and one to the
Clerk of the District Court, and In the
parish Of Orleans to tho Secretary of
State; the law further requires tho Sup
ervisor of Registration to consolidate
the returns received from the different
polling places and forward them, with
the originals, to this Returning Board
tho Act further prov ides, if there shall
be any riot, tunult, acts Of violence, in
timidation and disturbances, bribery
or corrupt influences at any place with
in said parish, at or near any poll or
voting place or place Of registration
or revision Of registration, which riot,
tumult, acts of violence, intimidation
and disturbance, bribery, or corrupt in
fluencs, shall prevent, or tend to pre-
vent IL fair, free, peaceabie and full
vote of all qualified electors, it shall he
statement of such facts, and forward the
same to the Supervisor OF Registration
with his returns of elections. and tho
Supervisor of Registration shall forward
the same to the Board. The Returning
Board is required to investigate the
statements Of intimidation, and to ex-
clude from the returns which it makes
to the Secretary of State, the returns re-
ceived by it from those polls or voting
places where fair election has been
prevented by the causes above mem
toned. The same law further declares
it shall he tho 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 Gen
eral Assembly, a list of names Of s,lcl.
persons as, according to the returns,
shall have been elected to either branch
Of the General Assembly, and it shall
he the duty Of the Clerk and Secretary
to place the names Of tho Representa-
tiveS and Senators elected, upon the
rolls of tho House and Sennte respec-
lively; and those Representatives and
Senators whose names are SO placed by
the Clerk and the Secretary respective
~ III accordance with the foregoing
provisions, and none other, shall he
competent to organize the House Of
Representatives and Senate. 1t is
claimed by the counsel Tor the Mich
oils Government that this Act so f,,r us
it interpost.s the Returning Board ex-
crcising these powers of exclusion be-
tween the parish Supervisor of Regis
tratiOn 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
Licut. Governor, Il plain violation OF
these provisions of tho Constitution OF
Louisiana, which say returns of all cleo
tons for members of the General AS
sembly shall he made to the Secretary
OF State and in reference to Governor
and Lieut.. Governor, the returns of
every election shall he scaled 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
9th Ter hand, it is insisted by counsel for
the Packard Government, that the Leg
islatnrc has power to create this Return
ing Board and give it the authority
with which the Act clothes it, 1t is also
claimed by them that the constitu-
tionality Of the Act has been settled by
the Supreme Court Of the State, but the
Nichols party denied that the qucs.
ton was decided by tho Supreme
Court in II manner that could be- con-
sidered authoritative. 1t should he
further stated that it is not claimed by
the counsel for the Nichols party that
the Legislature could not create q Ro-
turning Board and ctothe it with these
powers; in regard to tho appointment
of the Presidential Electors, since the
provisions Of tho State constitution on
f,h hnV n rcl ia tN ~