The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-02

frauds under consideration more indefensible than
the pretended canvass Of this board The follow:
Abolished BY the act Of Nov. TO- : The board was
from acting at all. B. Conceding the board was in
existence and had full authority to canvass the
turns, 1t had no returns to canvass. The returns
from the parishes had been made, under the law
OF 1870, to the governor, and not one of them was
before the Lynch board.
And vet it was in pursuance of the
action of this Lynch returning board.
aided by the army of the United States
that the present state government in
Louisiana was set up and has ever since
been maintained in power. Do you ask
HOW THIS WAS POSSIBLE?
| will tell you. Kellogg applied to Z. III.
Durell, judge of the United States district
court for the district of Louisiana, TO
assist him to get possession OF the state
government, and in Judge Durell, backed
from Washington, he found willing in
strument. | prefer that the committee of
Carpenter, Logan, and others should state
how this was done. This is their language:
We come now TO the saddest part IN this melan-
choly business the Interference OF federal authority
with the sffairs of the state OF Louisiana.
Judge Durel tout of court, at his house, late at
night, Dec 5, without application by any party,
made the following order, which is without parallel
and 1t is hoped win remain so in judicial proceed
ings:
The order is as follows:
In order TO prevent the further obstruction OF
proceedings in this Uause. and. further to prevent
violation OF the orders of this court the imminent
danger of disturbing the public peace, 1t is hereby
ordered that the marshal of the United States for
the district of Louisiana shall forthwith take
possession OF the building known the Mechanics
Institute, aud occupied as the state-house for the
assembling OF the legislature therein, in the city Of
New Orleans, and hold the same subject to the
further order OF this court, and meanwhile to pre-
vent all unlawful assemblage therein under the
guise, or preteXt OF authority Gained by virtue of
pretended canvass and returns made by said pre-.
tended returning officers in violation and contempt
of said restraining order; but the marsh al Is
directed to allow the ingress and egress to and
from the public offices in said building of persons
entitled to the same.
The marshal on receiving this pretended
order called for detachment of United
States troops to act as posse coneitdtus,
seized the state-house at a. IN. of Dec. G.,
and held it for weeks.
Dec and 7,Judge Durell issued further
injunctlons and restraining orders, the
design and effect of which were to prevent
any person taking part In the organization
of the legislature which was to assemble
Dec 8. Commenting upon these orders
of Judge Durrell the committee say:
viewed IN any uSnJ which your C0mmlCtSe can
consider them, the orders and injunctons made and
granted by Judge Durrell in this cause are most
reqrehensible- erroneous in point OF law, and are
wholly VOID For wasn't e Jurisdiction; and your com
mittee must express their sorrow and humiliation
that Judge of the United States should have pro-
ceeded in such fragrant disregard OF his duty, and
have so far overseppedt the limits of federal uris-
diction.
Here was a restraining order, having the force
an injunction issued for no purpose under he aver
except to control the organization OF the Legislature
| and compel the seating OF those members who haC
| been returned and certified to by the Lynch board
| and exclude those who had been certified by the
| DeFeriet board.
Indeed iii impossible not to see that this bill
Was filled and the restraining order thereon was
issued for the sole purposes OF accomplishing, wha
no federal court has the jurisdiction to do, the
| organization of the state legislature.
| And your committee cannot refrain from express
| ing their establishment that any Judge of the
United States should thus UNIV arranably have inter
| fered with a state government, and know nC
language too strong to express their condemnation
| Of such proceedings.
the uniustifabIe Interference of Judge Durell
| whose orders were executed by United States
| troops, the canvass made by the De Ferie
board and promulgated by the governor
nor, &C., and also declaring who had beef
elected to the legislature, would have BEEF
acquesced in by the people, and that government
would have entered quietly upon the exercise OF tn
sovereign power OF the state, But the proceeding
of Judge Ourell, and the support given to him b
United States troops, resulted in establishing tn
authority dc tQct0 of Kellogg and his associates
state offices, and of the persons declared by tn
Lynch board to be elected to the legislature. w
have already seen hat the proceedings OF ths
board cannot be sustained without disregardin
all the principles OF law applicable to the sub1ec
and ignoring the distinction between good tait
aud fraud
Your committee are, the efore led to the conclr
Continued on next page