The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-04-26

All the departments of the city govern
rnent OF the city OF New
Orleans recognized his authority
The Supreme Court nominated by hin
and confirmed by his Senate was hold
ing dail y sessions, and had heard about
two hundred cases. The time for The
collection OF the taxes had not arrived
but a considerable sum of money IN the
form Of taxes had been ps,d into hI:
treasury. out OF which he was defraylng
the ordinary expenses OF the state gov.
ernment. The Nichols legislature bad
Q quorum in the Senate upon either the
Nichols or Packard theory of the law
and . quorem in the House on the Mich
oils, but not on the Psckark theory. The
Packard Legislature had quo.
rum In the House on its own
theory of the law, but, as slready y
stated, not in the Senate, and was thus
disabled from any legislation that would
be valid, even in the jugdment of its own
party. The Commission found it to be
very difficult TO ascertain the precise ex-
tent to which the respective governments
were acknowledged in the various par.
ishes outside of New Orleans, but 1t is
safe to say that the changes which
had occurred 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
w legality OF the Supreme Court, COM
posed of Chief Justice Manning and his
Associates, who were nominated by
Gov. Nichols and confirmed by his
Senste, rests upon the same basis rs the
title of Gov. Nichols and his Senate.
The clsim to legality of the supreme court
composed of Cniet Justice LudeliDg and
his associates rests either upon their
right to hold over in case the Nichols
court is illegal, or upon the legality of
the Kellagg-Packsrd Senate, which con-
tirmed the judges upon the domination
of Gov. Kellogg, and while it had a
Returning Board quorum. We have
briefly sketched the actual position as we
found it. We will now state the legal
question upon which the right of these
respective governments depends. The
Constitution of the State of Louisiana re-
quires that the returns Of all elections for
members of the General Assembly shall
be made to the Secretary of State. 1t
also provides that the qualified electors
shall vote for Governor aud Lieutenant
Governor at tho time and place of vot-
ing for the representatives. The returns
of every election shall be sealed up, and
transmitted by proper officers TO the
Secretary of State, who shall deliver
them to the Speaker Of the House of
Representatives on the second day
Of the General Assembly then to be held
he member of the General Assembly
shall meet in the House of Representa-
tiyes and examine and count the votes.
1t will be observed tnst this provision O.
the Constitution requires the returns of
the votes for Governor snd Litutensnt-
Governor to be sealed up and transmitted
by the proper returning officers to the
of State, and the same provl-
siol is made, in substance, as to the men,
,S>rrs of the General Assembly, but in
1870 the Legislature passed an act,
amended in 1872, which created body
called Returning Board, consisting OF
five members, to be appointed by the
Senate, and N be the return
ing officers for all the cleo
tions in the State. The act provIdCs
t hat the Commissioners of Election ut
each voting hall or voting place shall
count the votes, making list of the
names of al the persons voted for ana
the offices for which the votes were
given, the number OF votes received by
each, the number OF ballots contained in
the box and the number rejected, and the
reasons therefor, and TO make duplicates
of such lists and send one TO the
OF Registration, of the parish of
Orleans and one TO the Secretary o.
State. The law further requires the
OF RI glstration to consolidate
the returns received from the different
polling places and forward them with
the originals to this returning board.
The act further provides: That if there
shall be any riot, tumult, acts OF violence,
or intimidation and disturbance, bribery
or corrupt influence at any place within
said parish, AT or near any poll or voting
place or place of registration, which riot,
tumul., acts of violence, intimidation
,ud disturbance, bribery and corrupt
influence shall prevent or tend
to prevent fair, free, peaCeable
and full vote of all the qualified
electors, it shall be the duty OF the
TO make statement OF
such facts and forward the same to the
supervisor OF registration, with his re-
turns OF election, and the supervisor OF
registration shall forward the same TO
the Returning Board. The Returning
Board is required to investigate the
statements of intimidation, and te ex-
clude from the returns which 1t makes
to the Secretary of State the returns re-
ceived by 1t from those polls
or voting places where fair
election has been prevented by
the causes above named. The same
law further declares that It shall ba tLe
duty o: the Secretary Of State TO transmit
to the clerk OF the House OF Representa-
tiyes and to the secretary of the Senate
of the last General Assembly, q list of
the names OF such persoEs as, according
to the returns, shs!l have been elected to
either branch OF the General Assembly,
and il shall be the duty OF the clerk ana
secretary TO place the names OF the rep
and sen stors elect IS fur
nished upon the roll OF the House and
Senate respectively, snd those represen-
,stives and senators whose nsmes are so
placed BY the clerk and secre-
tsry respectively, IN accordance with
the foregoing provisions, and none other
shall be competent TO orgsnIze the House
OF Representatives or Senate. II Is
c clsined b. the counsel for the Nichols
government that this act, so :ar As it ill.,
terpose. the Returning Board Of e1er-
clsing these powers of exclusion between
the parish Supervisor of Registration
with mis- consolidated returns, and the
Secretary OF State, is, when applied 10
the election Of men bers of the General
of Governor and OF Lieu:ensn
Governor, plain violation Of those pre-
visions of the constitution OF Louisiana,
which say TIA: returns OF al!
elections for members Of the Gen.
eral Assembly shall be made 10
the Secretary OF State, ami il reference