The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-01-10

that OF Judge Of one OF your own cOurs
should claim the right 10 occupy the bench
and charge the jury on the trial OF indict-
ment against himself, after q former c0nVio-
ton for the ssIrne ofiense. Its audacity in
ciutching at party machinery and scouting
the virtues of honesty, impartiality and fair
ness, while proceeding TO decide the grave is
sues of a state and national election, is enough
TO provoke the laughter and a-aazenlent o
devils. Senator sherman defends it. He think
Governor Wells "thc peer OF any man in ths
senate, and he sees nothing wrong IN The fur
Their fact that that the clerical force Of the
board was also packed with republicans. Dc
says there was no law requiring a political d.
vision Of the clocks, and that democrats. when
they have the offices, do not divide with re-
publicans. But this is very transparent dodge.
The point here involved is not one OF law. but
decency. The returning board Is. covered with
public suspicion, Its character is stained by
fraud; II bent upon further rascallties It
would, OF course, want a body OF faithful
clerical scullions,. skilled in the work
OF falsely and fraudulently canvassine and
tabulating the votes, and all acting harnonl-
course. would be seriously inteTfered with by
the presence Of democrats, while no harm
would be done if honor and fair play We're to be
bic as the moral blindness which hinders
very distinguished and honorable gentlemen
from seeing IL.
SECRECY AVID sKULKISG.
But the board not only signalized the begin
ming of its work by openly violating the law
affecting its organization and functions but
il still further confirmed the popular distxust
Ol us Dy eNcluulnE the pubic from
its sessions. Judge Spotford, one Of the counsel
for the democratic candidates. made very
earnest and eloquent appeal for publicity. He
reminded the board that forty millions of
people were watching it's proceedings and
quoted the language of the president. that
should there be any grounds OF suspicion of
be reported and denounced at once" In the
name OF the American people he asked that
no part Of the work should "be done in cor
privacy In applying the rules OF
arithmetic, or in performing judicial
fiefae 70 t bHt d the board refused 70
text that lift was surrounded by multitude
of people it would be disturbed and delayed in
vas not only an honest count of the vote but
mat the proceedings should be conducted with
such evident fairness as TO make this unQues
possible, suspicion should have % be e.
entirely disarmed by invoking the ful
light OF day upon transaction 81
state and the nation. But "nen love darkness
rather than light because their deeds are evil"
the people OF Louisiana were not allowed 10
press reporters, representing the leading news
papers of the country, were excluded from the
court room on their petition TO be admitted.
The supervisors of registration and elections
who desired to witness the canvass of the votes
were not allowed to be present. either in per-
son or by their counsel. The democratic can
didates and their attorneys We're also exclu-
ded. except on the hearing of contested cases,
although their presence was exceedingly i'm
portant during the entire proceedings, owing
TO their familiarity with the different parishes
and voting precincts, and their ability 10
detect any indications of fraud on
the opening of the returns, which
the visiting committee present would neces-
sarily fail to discover. The board, il is true,
so far yielded to the pressure from without as
TO permit the presence OF two political COM
mittees, with reporter for each but this was an
exceedingly fTail barrier against secret manip-
ulation and fraud in the returns These COM
Hllr1geG pOmnOSpl of strangers from dis
tant states, wholly unfamiliar with the prac-
teal roguery Of Louisiana officials, while the
exclusion of the general press reporters, the
people OF the state, the supervisors and regis
traTs of elections, and the candidates for Office
was wholly indetensible, and utterly irree0n-
cilable with an honest purpose TO serve the in
terests OF truth. 1t perfectly accorded, how
ever, with the action of the board in other re-
spects. II had openly violated the law as 10
share in its deliberations every element that
would not yield unhes itating obedience to its
base purposes. It had usurped the right TO sit
as final judge of its own fiagitious acts. 1t had
fully recorded its purpose TO re-enact the foul
game of 1874: 1t was entirely natural there
fore that 1t should wrap itself in the mantle OF
darkness when entering upon the final chap
ters of its unhallowed conspiracy TO cheat the
people of the United States.
rHK I.AwLEss ACTS OF THE BOARD
But let us follow the board in It's work The
counsel for the democratic candidates. at the
outset, protested against the right of the board
to canvass the electoral vote at ALL but the pro-
test was summarily Overruled and no oppor-
tunity allowed for argument. With charac-
teristic one-sidedness, the board ruled in favor
of its own jurisdiction; and Senator sherman
in his late letter to the president declares that
its action Is "independent OF state and ma
tional laws other than those of louisiana and
finally and substantially conclusive as TO the
votes cast and candidates elected In sup
port of this position he sites a decision OF the
supreme court of Louisiana, well knowing at
the time that Chief justice Ludeling, who pro-
nounced that decision, had been branded with
fraud and breach of trust" by the supreme
court of the United States, in a case which
brought his charater in question. But con-
ceding that there is no appeal from the de-
cisions OF this board, their finality certainly
could not be admitted as to questions beyond
it's jurisdiction. 1t has no right to wander
away from its appointed Work, and pass
upon questions not cognizable by il,
under the law from which IL de-
rives its authority. Judge TrumbulI and
have conclusively shown that the law of 1872
creating this tribunal, and under which IL
acted, makes no provision as TO the manner Of
appointing electors for president and vice
president, while il seems TO repeal all other
laws on the subject OF elections. They show
appointment Of presidential electors is
pealed, there is no law of the state on the sub
ject, and the board is consequently without
but that If the act OF 1870 is not re pealed, the
canvass OF the vote sfor electors must be made
by the governor in the presence of the secre-
of the district in which the seat of government
may be established, or any two Of them, as re-
quired by that act The public has been made
acquainted with this argument, and / .ndd
not repeat il at length; and although Mr..
Sherman refers to it as IAN array of tech
nicalities," its soundneSs has been Endorsed by
some of the aDlest lawyers of the country, and
has not been successfully impeached in any
quarter.
But even IL the board had the right to can
vass the electoral vote it clearly transcribed its
legal authorityin throwing outvotes on account
of Intimidation and violence. Its simple duty
was to canvass and compile the returns and
proclaim the result, unless the commissioners
OF election or the supervisors of registration
imposed upon IL a further duty by laying le-
gal foundation for IL. as provided for In Sec
tons % and 43 of the state election law. That
foundation must consist of the affids Wit of the
supervisor of registration or commissioners OF
elections supported by the af1idavis of three or
more citizens, setting forth the facts Of any