The Somerset press. [volume] (Somerset, Ohio) 1873-1977, 1877-05-03


The occupation of Giurgevo by the Russians |
is denied. The Sultan proceeds next week
to Schuenda. His brother Eschad goes to
Kars.
On April 29, a fire broke out in the Nov |
city Works at Sturbainst, Canada. During
the confagratiop, the poorly constructed
walls of the building fell out upon the
crowd, and nine men were taken out of the
debris dead, and ten seriously wounded.
Report or Louisiana Commission.
Tne President has given out the report of
the Louisiana Commissioners, which reads
as follows: Tne actual condition of affairs on
our arrival in this city may be briefly stated
as follows: Gov. Packard 1--WE shall speak of
both gentlemen by the title they claim) was
at the State House with his Legislature and
friends, and an armed police force. As there
was no quorum in the Senate even upon his
own theory of law, his Legislature was neces-
sarily inactive. The Supreme Court, which
recognized his authority, had not attempted
to transact any business since 1t was dis
possessed of its court room and custody of
its records, on the 9th of January, 1877. He
had no organized militia, alleging that his
deficiency in that respect was owing to his
obedience to the orders of President Grant
to take no steps to change the relative posi-
ton of himself and Gov. Nichols. His main
reliance was upon his alleged legal title,
claiming that it was the constitutional
duty of the President to recognize 1t andt
afford him such military assistance as might
be necessary to enable him to assert his
authority as Governor.
Gov. Nichells was occupying the Odd
Fellows Hall as State House. His Legis-
lature met there, and was actively engaged
in the business of legislation. All the de-
| partments of the city government of the city
I e n l..
| The Supreme Court Nominated by him and
| confirmed by his Senate was holding daily
sessions, and had heard about two hundred
cases. The time for the collection of taxes
had not arrived, but considerable sum of
money in the form of taxes had been volun-
tarily paid into his Treasury, out of which
he was defraying the ordinary expenses of
the State government. The Nichols Legis-
| lature had a quorum in the Senate, upon
either the Nichols or Packard theory of
law, and a quorum in the House on the Mich
| oils, but not on the Packard theory. The
Packard Legislature had quorum in the
House on its own theory of law, but as
already. stated, not in the Senate, and was
| thus disabled from any legislation that
would be valid even in the judgment of its
own party. The Commission found it
| to be very difficult to ascertain the
precise extent to which the respective
| governments were acknowledged in the
various parishes outside of New Orleans,
but it is safe to say that the changes which
had taken place in the parishes after the
| organization OF the two governments on the
9th of January, 1877, were in favor of the
| Nichols government. The claim to the
| legality of the Supreme Court, composed of
Chief Justice Manning and associates, who
were nominated by Governor Nichols and
confirmed by his Senate, rests upon the same
| basis as the title of Governor Nichols and his
Senate. The claim to legality of the Supreme
Court, composed Of Chief Justice Ludeling G
aud his associates, rests either upon their
| right to hold over in case the Nichols court
is illegal, or upon the legality of the Kel
logg-Packard Senate which confirmed the
Judges upon the nomination of Governor
Kellogg, and while it had Returning Board
quorum.
We have briefly sketched the actual posi-
ton as we found it. We will now state the
legal question, upon which the rights of these
respective governments depend.
The Constitution of the State of Louisians
requires that "returns of all elections fol-
m.'n' e # the General Assembly shall be
p.oyides that the qualified electors shall
vote for Governor and Lieutenant Governor
at the time and place of voting for Repre-
sentatives. The returns of every election
shall be sealed up and transmitted by The
proper returning officers to the Seer etary o.
State, who shall deliver hem to the Speaker
of the House of Representatives, on the
second day of the General Assembly then tt
be holden. The members of the General
Assembly shall meet in the House OF Repre-
sentatives and examine and count the votes
1t will be observed that this provision of th'
Constitution requires the returns of vote
for Governor and Lieutenant Governor to b.
sealed up and transmitted by the prope
returning officers to the Secretary of State
and the same provision is made in substance
: as to the members of the General Asse bly,
But in 1870 the Legislature passed au act
. ame1 ded in 1872, which created
, body called the Returning Board, con
sistlng of five members to be al
r pointed by the Senate, and to "be tn
/ returning officers for all elections in tn
. State" The act provides that the Commi
b. | sioners of Election at each pole or yotin
y place, shall count the votes, making lii
of the names OF ali persons voted for, an
the offices for which the votes were giver
e the number of votes received each, tn
|, number of ballots contained in the box, an
the number rejected, and the reasons ther
o for, and to make duplicates of such lis
= | and send one to the Supervisor of Registr
ton of the Parish of Orleans and one to II
J, Secretary of State. The law further requir
s the Supervisors of Registration to consol
# date the returns received from the differel
= polling places and forward them with tt
further provides that if there shall be al
e riot, tumult, acts of violence, intimidatic
s. and disturbances, bribery or corrupt inf
r. ence at any place within said parish, at
,e near poll or voting place, or place of regi
- tration, which riot, tumult, acts of violenc
&c intimidation, and disturbance, bribery al
corrupt influence, shall prevent or tend
prevent a fair, free peaeeable and fu
III vote of all the qualified electors, it shall be Il
m duty of the CON m issioners to make a stat
= ment Of such facts and to forward the san
to the Supervisor of Registration, with h
returns of the election, and the Supervis
'g of Registration snail forward the same
IS. the Returning Board. The Returning Boa
De is required to investigate the statement of i
h. timidatiop, and to exclude from the re url
which it makes to the Secretary of State I'll
returns received by it from these polls
n, voting plac. where a fair election has bee
lis prevented by the causes above named.
at The same law further declares: cit shs
Is. be the duty of the Secretary of State
trar nit TO the Clerk of the House of Repr
sentatives and to the Secretary of State
ne the list General Assembly, a list of ii
n names of such persons as, according to Il
u- returns, shall have been elected to eth
he branch of the General Assembly, and
ha shall be the duty of the Clerk and Secreta
uo to place the names OF the Representativ
Lbs and Seuators-elect SO furnished upon t
ed roll OF the House and of the senator's resps
n lively, and those Representatives and Sc
ators whose names are SO placed by the Gle
~, and Secretary respectively, in accordaL
~ with the foregoing resolutions, ana no
"a other, shall be competent to org ganize t
he House of Representatives or the Senate"
Lite 1t is claimed by the counsel for the Mic
le. oils government that this act, SO far as it
cd terposes Returning Board exercising the
powers of exclusion between the Parish
Ia pervisor of Registration, with his conso
RS, dated returns, and the Secretary of Sta
to is, when applied to the election of memb'
te. of the General Assembly, of the Govern
.oe and of the Lieutenant Governor, pl'
- violation of those provisions of the Cons
I'M tuition of Louisiana which say that the
turns of all elections for members of I
in General Assembly shall be made to the Sec
ou. tary of State, and in reference to the G.
ernor and Lieutenant Governor, the retu
of every election shall be sealed up a
On transmitted by the proper returning ofic
to- to the Secretary of State, and who shall
the liver them to the Speaker of the House
h. Il