The New York herald., 1877-02-14

Senator BAyARD here stated he had sent message
TO the room OF tho committee Of which Mr. Thurman
chairman to inquire OF the clerk in reference
the Senator's absence.
Pending the interval that ensued while tho messcn.
ger bis way, Mr.. EvARrs counsel for the re-
publican side, called the attention OF the commission
10 certain laws Of LOUISIANA which were not IN the
compilation bsforo the court and then messenger
arrived bringing word that Mr.. Thurman suffering
WITH neuralgia but would attend during the day.
The Presiding Justice then put the question whether
the commission should proceed and tho question being
carried, Senator Mcdonald was invited express the
views OF the obIectors 10 certificates Nos. and J.
SPEECH or SENATOR MDoxALD
Mr.. President and gentlemen OF tho commission
under consideration embraces electoral votes cast
for Hay yes for President aud Wheeler for Vice Pres
dent II tho evidences contained these certificates
evidences provided tor the constitution then
they are " be counted To constitute the
provided for In the constitution they
csstby electors competent and who have been
appointed electors In the manner prescribed by the
LEGISLATURE OF the State The objections that
made to the evidences embraced in these are
Firf-That the Legislature did not provide the man
second-Thai they werc irauducn,ly returned by
the officers intrustod with the and return OF
| the votes
| Tard--rhat two OF them Incompetent under
Fourth-That others OF them wcro disqualified from
acting by tho constitution and laws OF tue State Of
| Louisiana
| Fyfh-rhat at the time OF their appointment the
| State OF Louisiana did not have government rcpub-
hcan in form.
| LAWS THE STATE.
With respect t0 the laws OF the State authorizing the
appointment OF electors shall call the attention OF
the commission the statutes which have heretofore
beet enacted and which are understood to stand still
upon the statute books II will be found In the
laws OF 1868 that special law enacted for the
polntment OF Presidential electors and this special law
recnactod IN the Revised Code oi 1870 and will be
found at $50 OF that Revised Code IL will oc OBJ
served that this act does specifically provide Tor
| the appointment OF Presidential electors by
popular of tho qualified electors OF tho State OF
Louisiana 1t also provides for the manner OF the
4 Age II trsn xa tsvy
section S26 that Immediately alter the receipt OF the
return from each parish on tho fourth Monday OF
November, II the return shall not sooner arrive the
Governor in the presence OF the Secretary OF State,
the Attorney General and District Judge OF the district
In which the seat OF government be established,
or any two OF them, shall examine the returns and
ascertain thercirom the persons who lave been daily
elections provided Tor styled the general cleo
tons OF the State. Section 35 specially provides for
the election of Presidential electors That section Is
! as fOOws:--
That In every In which election shall be held for
the election President and Vice President Of the United
the Monday in the month f November in accordance
% ss as O. and .hs such % s..ss be sa
conducted and the made thereof in tho
You IL says merely the elections shall be held
conducted aud returns made, but the returns shall
also coniOrm 10 the provisions prescribed IN the laws
for general elections The repeating section OF this
act which the eghty.th section, reads as folows
That all OF laws relating to the subject
matter hereby repealed and this shall take effect
from and after its passasc
So that your honors will see that two laws covering
the subject to have been enacted rccog.
session, tho special law OF 1868
rying The code OF 1870 and the session OF
1870 BY the enacting clause attached the tode the
provisions OF the code take effect let
OF APRIL 1870 anu this was alter tho close OF 1870 at
which this general law was passed, and to meet any
questions that might arise OF conflict between
acts OF 1870 and the provisions omitted in the
code another ac was o passsd hS or one .sS 70
the attention Of the court This act Is entitled, IAN
giving precedence in authority to all the other
,niVt ocaahh Acsas hr
| ut This the acts known the Of
the statutes and OF the civil code and code OF practice
when there exists any conflict tho provisions OF the
said acts" IL Is single section. and 10 as foiows:
That all the and joint resoluo during
to S IN with the "e % hs
session, known as the vision OF the statntes
pesence said revision ana Ss held Al the law
they may be in conflict thevcwitI.
Now, this presents question, and very grave one,
TO which OF these two acts wero In force at tho close
OF the session Of the Legislature OF 1S7 and upod that
act depend very important questions arising hereafter
II the sesson OF 1870 have tho operation which
the Legislature expressly determined that they should
repeal the provisions OF the Revised Code,
Revised Statutes--ii the term Is more proper-wh her.
statutes provided tor and remedies
which were also provided In the code. and
they differ, that to be the construction ana eject
OF this repeating statute then the special law pro-
vdng for the election OF electors rst enacted IN 1868
oar nd
universally tho last expressed Will OF tho Legislature
stand and where several acts are passed al tne
session OF tho Legislature and they Ia such
conflict that they cannot be reconciled tho last
stand and the first give place. But this presents
different question from That Icsc embrAcod In The
Revised Statutes the revision Ot the compiled
by authority OF the Legislature and to take effect by It's
will, and al the same session in which II acted on re-
vision 1t passing laws. Its acts from
day to-day considered and passed by II, and
temptation that there might be conflicts between these
session acts code that being pro-
pared they declared the force and effect of their
sion nets us well as with respect 10 those Revised
Gtatu mt I'm bQ " ghant thovp OF
this act II was restricting the operation and effect Of
the Revised Statutes; that Notwithstanding that tho
Revised Statutes contained the last will of the Legs
ature made the lust OF april or ut later period tnan
the passage OF this law.
and but state II for the consideration the
MISSION but II IL had tho effect which the law oi
Legsat designed that II should have the act OF
1850 then upon the book the election
| law OF 1870 and provided tho mode and manner which
inc state desgnea 10 garry n.o enect ,ne provsions
authority to appoint electors II tho section Of that
uw to which have called your attention iuIly covers
this question: and In point OF fact was so considered
by the authorities OF tho State OF louisiana
and when the election for the appointment
| OF electors in 1872 took place, the election
took place under the special acts OF 1870
both OF election aud the returns The OF lS6s
ricd forward into the Revised Statutes, was ignored
and the OF 1870 the regarded in iorce
| and regarded until the goth day OF November
1872 when another act was passed, to which shall
notice the fact juaciay that that time the Legs
ature OF the State OF Louisiana was not in session.
The had been passed at the previous session. but
had not been signed by the Governor, and was not
signod by him until the goth OF November, 1872 THIS
he was authorized to do under the constitution, and
the law took effect IRON tho dato OF his signature IL
| Is entitled
regulate and conduct and mantsin the
dom and purity election prescribe the mode OF making
thereof provide for the election
officers aud defining their and duties prescribe
th Of entering the roll OF the House
Representatives and to enforce article lU3 Of the consu
| ton
The first section OF this act declares that the eec.
tons thcren provided shall be styled the general eec
tious.
rhe seventy first section, which Is the repeating
clause, Is as folows:-
That this shall effect and after its passage
and all others the subject OF election law be aud
| same are hereby repealed.
This stonably repealed the session act OF
1870 II Is an act ON the subject throughout SO
far the general elections Of the State OF Louisiana