The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-14


the State of Louisiana did not have govern
m,snt republican in form. a.,
%S Fnsp so sppon.msn G nws Of Sf sS sGs Ta
shall call tho attention of the commission
to the statutes which have hcretofore bcen
enacted. and which are understood to stand
still upon the statute books. II will be found In
the session laws Of 1859 that special law was
eSS iSS "nd thst law was
in the Revsod Code Of 1910 and will be found at
appointment OF Presidential electors by u popu.
lar vote OF the Qualified electors q the STATE Of
the return and canvass of that vote. II will be
seen by section 2.sss that Immediately after the
receipt OF the return from eAcl parish. on tho
fourth Monday Of November. II the return shall
not sooner arrive. tho Governor. in the pros
General and District Judge OF the Dictrict In
which the seat OF Government ,may be cstnb-
returns and ascertain therefrom the parsons
who have becn duly eletsd electors BY the
first section Of ths act the elections provided LED
State Section IS specifically provides for the
election, OF Presidential electors. That section
| is as follows;
That in every year In which election hall BE- held
ne ,Ss.n c nps % Sc on Il. s
nx after the nr-t Monday in the month November in
sSp2clsG January % g e. & and M % sueS
10 be held and ted and the rtu,ns made there
election.
You SEQ II Gays not merely the election shall
the returns shall also conform to tho proNlsions
prescribed in the laws ior general ele'fions.
| Tho repeating section OF this act which ls the
| s5th section. reads US follows:
That all laws parts OF laws relating to the anne sub
jcct matter hereby repealed and TIN, act snail take
| od,ct from and after IT. passage.
SO that your Honors will see that two laws
covering the same subject seem 10 hhNe been
enacted or rccognzcd NJ the samc session. thc
code Of 1870 and the session Of 1870. By the en-
ating clause attached to the code. thn provisions
-. ftl laf III N.af
April. 1870. and this was after tho clos" of 1870.
at which this general law was passed. and, To
| meet any questions that might nrisn out of a
| conflict between the session acts oi 1870 and the
| provisions omitted in the code. another at was
New York called the attention Of the court, THIS
| at IL entitled, An act giNinS prcccdcnc" IN au-
thority toa ne other acts an Joint rSoluti2n-
| over the nets known IA the revision of the stat
utes and of tho civil code AMI code of practice.
when there exists any conflict in the prov i-ons
of the said acts it s asinglc section. and Is
ms follows:
Ths, all the acts sna loin, rc.qlgiion. pa,-l @aues
be contrary ans manner conflict with c acts ct
general character. AMI o the civil .c aud c-ic OF
held as the law IN opposition thcr, t ami =. rp.nuns
tio-c acts 20 tat A. they may De- IN 'ounc herewith
| Now this presents question an n very grave
one. ss to which of these two nrs were in fore,
at the close OF the session of the Legislature Of
1870. and upon that in,t depend very important
| questions arising hereafter.
| senator Mcdonald said il was commonly held
that the latest law. whore two wer' in conf I.
repealed the other Bu, this cg-" was p'rul
as while the laws were being revised. IN" J. =
| lsaturc wns gong on with n'w rna'tincniS; (;
hence the at thu the k'N-' St.tut,e -n"uii
though the Revised statutes won't into operation
| nit'r the Legislature hal adjourned IL" main
| tnin'd that this at rctaEcd the ut oi lsr' IN
MR. JENKE's ARouMEsr
Reurcsentativc jerks tDrm Pa said thu, hy
the at creating the commission Il had been de-
termined and settled IA "a iut that the two
Houses should count the votes. The duty 70
perform the act This bcin: cmbrncei in the
Constitution no legislative act could ,doprrlye
truth could not be cut out 81 tn" subject without
def, Ing the intcliigence Of tlc world The tru.
in the counting Of the votes. lie said apartisan
colorlng had been given to the count. II was
not partisan question. but T. MaS iorty,nve
two sets ~ certificates. both claiming
10 he genuine. here from the STATE
was forhiid"n hy the & institution. Tho con-
chlsion then II both are not genuine. and the
next question is, which l. genuine. II 9nr con;
forms in al particulars 10 the laws Of the land
and the other dos not, then the ilrst n the
genuine and tine other is moi. ii rcthrr CON
forms 10 the law. then mother Is genuine They
were prepared To- show that III" Hayes electors
were not elected in conformity VAN Tia. lnwi
would the evidence l." arc.W"dt IL would
nearly c"nformed 4? law; that II wa. awful IN
| all essential points should IN" claus" that "a"
Gotetnur shall r'tuiy not override me
Constitutional ,pr9vsion as TO the mode
9a to ,ha tine, Of holding the el.ciion.
Ii SO they would show that fraud was con
neted with that certificate, ani that the
Governor who issued IN" cert nj" was q party
10 the fraud. He asserted NJ fats mat ihe Inv
popular vote. and that the Tihl'n cl"'iorS re-
csiv"d majority oi from p%, 20 lo,1, rV,'s ,
Ind been reversed by ihe exclusion ot 10.
Tdcn votes and 1000 Hayes votes. making a
a. ~. ktaf.a HlAf
electors He reviewed the election IN IN" s"v-
rIal parishes. taking as u basis of iarts the tes-
timony before the House Louisiana Investigate
ing Committee, with the incidental claim that
this test mony was proper evidence 10 be, .2n,
tbe snncryisors of Election had thrown ou
large numbers of votes without shndow oi an,
thority. and in on" ease wh'r" IT could
Tor tho Till. ei-t".- Wn- 40 ar -
= the whole vote had been On this account thrown
, out. Going over the r.thrns parish hy parish
he in each case ns=ertcd evidence of fraud and
: irrcguarity, declaring his readiness tp sh"N
te sane by m eNld.n'c n2w IN possess'"n . o
mission. They were further prepared to show
= that L"v-"" and Brewster were lnrlgihie, th'
appointed by the Circuit Court and brewster
Surveyor Of the Land pi,lrir, ana he main
tended not only 10 the ~ rr bVt T. the act
rhcy would Further proyrthat nlerihe Consti
tuition Of Louisiana, which prohibits any p"r7or
from holding two Offices. three others W"r" Il =
qualified. VIZ: Joflroin. Marks, and Burrh, who
wore respectively Supervisors Of Election, DIS
= trict Attorney. and Stat" senator at time Of cleo
tion. They were, hc said. further prepared /,
r show that il wn- determined. h"fur" the rrsul
, was known. that II necessary In nilrt Tn" resul
y the Returning Board WIS prepared 10 give th'
= State to Hnyrs regardless for whom the yOtr'
had been east. In conclusion he asked that tn,
, moral light uf the universe might he allowed "a
, shine upon this transaction. and the nation b'
Il free from vile aN OF this Returning Board.
U MR. HURIBUr roE the REPUBLICAN SIDE.
Mr., Hnrlhut tliep.. Ill.l, said the commission
4 h. apprrhrnded. stood in the compost itun II
committee appointed by the two Houses for Ia
V convenience To perform certain duties. and tina
n their jurisdiction WIS defined 10y certain wei
n established laws, and not in conformity to an
vague suggestion Of mnit"r which IA before th
10 record and which il barred by the decision il
g the Florida case. He maintained that thcr
@ could be no question Of the fact that VIM. L
, Kellogg was the Governor Of tho state of Lou
u isiana. He had been elected 10y the votes Of tn
= people returned by the proper officers OF tn
II State and regularly mducted into onlor, an'
. when rebellion led by M'Enery. had oyer
thrown the legal Government, the Pr.ei!rn
10 hat used the lower OF tn"r Init.'
= r.atnre this Government. ana tn
Senate had 10y sulrmn resolve r"cog
\ ui1ed and approved the ution Of I'll
l. prr.ilrnt. Tho House Of R"pre eSentatlvoS ha
al. a, .lttti lNt ,f T. !