The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-05-02

every election shall be sealed M and trans
mltted by the proper returning officers to the
secretary OF state, who shall deliver them 10
the speaker Of the house of representatives.
H bT the me other hand, it is insisted
government that the legislature has
power TO create this returning board and give
II authority with which the act clothesit 1t is
also CANNED bythem that the consfftutionalify
OF the act has been settled by the supreme
court of the state, but the Nichols partv de-
nlea that the question was decided By the su-
sidered authoritative, II should be further
stated that Ii Is not claimed by the counsel for
cn36 ,et g1Vernment that the legislature
IL with these powers in regard 10 the apDoint-
ment OF presidential electors, since the pro-
visions of the state constitution in which they
of members Of the legislature af
governor and Lieutenant governor.
we quote the following sentences from
one of their printed arguments: Indeed as To
the presidential electors. the mode or their APP
states, left to the discretion of the legislaft1re
OF state. Therefore the general assembly OF
louisiana might create any tribunal what
ever, and connde TO II the appointment of the
electors for president and vice president. Con-
seH5en' tyibunal may Ia properly authorize
election OF presidential electors by the
people TO count the votes and decide.
sno 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
no judicial tribunal acknowledged TO be a1s
thoritatlve by both parties by which
It could be solved for reasons al
practical solution was by the union of SO
many members of the rival legislatures as
would make a legislature with Constitution
al quorum in both the senate and house OF
members whose title to their seats was valid
under either view OF the law With legislature
other questions could, as stated in the letter
OF instruction TO our commission from the sec
reiary OF state, be gradually worked out by
the prevalent authority which the legislative
power, when undsputed. is quite competent
TO exert in composing conflicts in the co-ordi-
nate branches OF government Within the
last three days this first great step in
restoring peace TO the state has been accom-
plished; In consequence of the withdrawal
OF members from the Packard TO the Nichols
legislature, the latter body mas now 81 return-
ing board members in the house and 50 re.
turning board members i'm the senate. Sixty
one members constitute a constitutional
quorum in the house and 10 in the senate. II is
proper that we should say in conclusion that
II was In view of the foregoing facts especially
the consultations of the legislatures and our
b owiedge ofthe condition Of Louisiana, de-
rived from personal contact with people that
the 10th inst, that the Immediate announces
ment of the time when troops would be with
drawnsto their barracks would be better for
such announcement to any distant day
The commissioners holding various shades
OF political opinions can not well concur
in any sketch of the past or the probable
future of Louisiana. We have forborne in
this report TO express any opinion on the
legal questions arising upon the foregoing
statement of facts because letter of in
structions seemed to call for the statement of
facts rather than expression OF opinion by the
commissioners. We all however indulge in
the confident hopes of better 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 herewith submit
ted, which have already been given
the public. With an earnest hope that
the adjustment which has been made of the
political controversies Of Louisiana will be of
lasting benefit to that state and will be APP
proved by the patriotic people of all sections
we have have the honor b. be
Your obedient servants,
CHARLES b. LAWRENCE,
Jos. r. HAwLEY,
JOHN NJ. HARLAN,
JOHN c. BROWN,
WAYNE MACNEIGH.