The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-04
Thursday. January 4. ls77.
JUDGE .TRUMBULL'S SPEECH.


In my judgment, this statute, which in
the second section creates a returning
board for all elections in the state, and in
the last section expressly repeats all other
acts on the subject of elections, has no
reference to the special or particular
statute of 1870, providing for the appoint
ment of presidential electors. My reasons
for this are twofold.
First-It is rule Of the constitution
that general statute on given subject
does not by implication repeal particular
statute on the same subject, and that
therefore the creation of a returning board
for all elections does not by implication re-
peal the special provision for the canvass
of the vote for presidential electors which
is to be found in particular statute for
the appointment of presidential electors,
and nothing else.
Second-If the words in the second
section repeal by implication the clause in
the particular statute providing for the
the appointment of presidential electors,
then the words of the last section expressly
repeal all the provisions of the statute
providing for the appointment of presi-
Dental electors, aud there would be no
law in Louisiana on that subject
1t is clear to my mind, therefore. that
the returning board in Louisiana had nc
jurisdiction to canvass the vote for presi
Dental electors at all; for if the act of 1870
is repealed, there could be no election OF
electors, and if not repealed, then the can,
yass of the vote cast for electors must be
made by the governor and others, as pro-
vided by the act of 1870, and not by the
returning board If, however, | am
mistaken in this, and the returning board
has authority to canvass the returns for
presidential electors, 1t is certain it can
only do so in the manner provided by the
statute That manner is ito canvass and
compile the statements of votes made by
the commissioners of election, unless they
are accompanied by sworn statement
of the commissioners of election or
supervisor Of registration showing
acts of violence or intimidation as | have
already stated. Certificates from all the
clerks Offices in the state where one of the
duplicates of such statements, if any were
made, were required by law to be filed
failed to show that a statement of intimi
dation or other act of violence at a single
voting place or parish had been made ou
and filed in the manner and within the
time required by law. Hence, all the re
turning board could lawfully do was t.
compile statement of the votes received
according to which, as already stated the
Tilden electors had a majority of ovel
5000 in the state. When the returns
were opened by the returning board state
meDts Of intimidation, etc. made by super
visors Of registration and commissioners o
election were found among them in some
90 ht,t IN hor
to affect the general result in the state. i
the votes cast at every voting place hat
been rejected when such statements haC
been
sURREPTITOUSLY INTERPOLATED.
Kellogg, Packard, and other outsid
parties filed objections to counting tn
votes from nearly every Democratic paris
in the state, but of course such objection
did not come within the statute, aud CAV
the board no jurisdiction to reject votes
Supervisors Of registration in Republica
parishes generally made their returns a
the time and by mail as the law required, bu
the Republican supervisors in Democrat
parishes instead Of conforming to the law
those respects in many instances brought th
returns to New Orleans, and there 10
private room of the custom house secret
made statements and procured erpdr
afidavits charging intimidation and violenC
10 remote parishes and placed them wit
their returns which were not handed in I
the returning board in some instances till
few hours before it closed the canvass, thu
affording the opposite party no OppOrtunit
to examine and contradict the charges
Nothing could be more unfa
than the manner in which the returnin
board conducted its proceedings, Thong
frequently applied to by the Democrat
candidates to open the returns from Il
contested parishes. that they might hay
an opportunity of seeing the statemen
and affdavits which had been interpolatC
among them after they left the parish'
and prepare to meet them, the boar
proceeded at the commencement of
sittiDgs
WITH TETcITpE