The daily gazette., 1877-01-23
. :
THE LOUISIANA ILLEGALITY
80, AND FRAUD.

The more the facts in relation to the
organization and acts of the Louisiana
returning board become known the more
clearly does 1t appear what transparent
humbug it is and how little legality is to
be attached to its canvass of the votes
| and its distribution of certificates of cleo
tlon. 1t has already been made manifest
that by refusing to fill the vacant seat at
the board with democrat, as the law re-
quired, 1t lost, as board, whatever ele-
ment of legality the Legislature could
give to it. In like manner it violated the
law by allowing protests and aflidavits of
Observation-Disclosures bogus or other
wise-to be added to the returns after
they reached New Orleans, instead of at
the precinct where the intimidation was
alleged to have been exercised, and with
in the twenty-four hours to which the
making of such protests and affidavits
was limited. And now we have the
strong point made that even If the law
itself were as valid as the Supreme Court
OF the State has determined it to be, it
violates the act of Congress setting apart
particular day for holding elections in
an the States, as will be seen from the
Il
ton:
"a new point in the Louisiana case has
been raised by Mr.. r. B. Pullan, a
Cincinnati layman, and it has attracted
a good deal Of attention from lawyers,
and certainly seems to have good deal
OF technical force and to be likely to
cause some trouble to the gentlemen who
have charged themselves with the solemn
duty Of seeing that Mr.. Hayes gets the
presidency. Mr.. Pullan takes as the
groundwork of his argument history
and description Of the returning board
furnished to tie visiting statesmen by
the person who drafted the law making
it-Judge Hugh L. Campbell, of the
Third District Court of the parish of New
Orleans. According to this gentleman
the ballots put in the boxes are merely
ballots until the returns are made I'D by
the board. In the eye of the law the
board is constructively present at all the
polls, receives all the ballots, and purifies
and assorts them, but they do not be-
come rOteS until the board has passed
upon them. In fact, the board casts the
vote Of the State and properly holds the
election. Until it has made its return
there has been no election. Now, the
constitution of the United States gives
Congress the power of determining the
time of choosing the electors and the day
on which they shall give their votes, and
provides shat this day shall be the same
throughout the United States Under
this clauseCcngres has madethe firstTues-
day in November the presidential cleo
tion day for all the States. But accord
to Judge Campbell the Louisiana election
did not take place on that day; nor until
the 5th of December following. The
conclusion is of course plain that there
was no election in Louisiana on the legal
day, and therefore none ON any day. of
conrse this point is made all the stronger
by the arguments of the friends of the
board. We think, however, we shall be-
fore long see the public i,l full concur
renee with Governor Robinson of this |
State, that q State which has a returning
board like that of Louisiana does not pos
sess republican form of government"
1t is just suchpolnts of illegality as this,
with those other involved in the viola
ton of their own returning board law in |
Louisiana, that it is well should be SUBJ |
mitted to the ordeal of the judicial scrul-
tiny of the members of the Supreme |
Court who are to constitute part of the |
commission.