The Superior times. [volume] (Superior, Wis.) 1870-1912, 1877-05-05
LOUISIANA.
Report of the Commission to the Pres
ident
Plain Statement of the Controversy and
the Law Relating to 1t.
Paekard's Manifesto TO the Repub.
Iicans of Iouisiana-RepOrt of
the Commission

The report of the Louisiana Commits
sion to the President is published, and
we give below the greater portion of it.
After speaking of their effort to find out
the sentiments of the people, and the ex-
act status of affairs they say:
The actual condition of affairs on our ar
| rival in this city NAV be briefly stated as
follows: Gov Packard-we shall speak of
both gentlemen by the title they claim-was
at the state house with his Legislature and
friends and an armed police force AS there
was no quorum in the senate, even upon his
own theory of law, his legislature was
necessarily inactive. The Supreme Court,
which recognized his authority, had not at
tempted tc transact business since it was
dispossessed of its courtroom and the Gus
tody of its records on the ninth day of Janu-
airy, 1871. He had no organized militia.
alleging that his efficiency i'll that respect
was owing to his obedience to the orders of
President Grant to take no steps to change
the relative position of himself and Gov.
| Nichols. His main reliance was upon his
alleged legal title, claiming ii was the con-
stitutional duty of the President to recog-
nize it, and to afford him such military as
sistance as might be necessary to enable him
to assert his authority of governor.
Governor Nichols was occupying Odd
Fellows Hall as a state house. His legisla-
ture met there, and was actively employed
in the business of legislation. All depart
ments of the city government of the city of
New Orleans recognized his authority. The
Supreme Court nominated by him and con-
firmed by his senate was holding daily SEES
sions, and had heard about two hundred
eases. The time for the collection of taxes
had not arrived but considerable sum of
money in the form of taxes had been volun-
tarily paid into his treasury, out of which
he was defraying the ordinary expenses of
the state government. The Nichols legisla-
ture had quorum in the senate upon either
Nichols or Packard's theory of law, and a
quorum in the house on Nichols but not on
Packard's theory The Packard legislature
had a quorum in the house on its own
theory of the law, but, as already stated not
| in the senate, and was thus disabled from
any Legislation that would be valid even in
the judgment of its own party.
The Commission found it to be very diff
cult to ascertain the precise extent to which
the respective governments were acknowl-
edged in the various parishes outside of
New Orleans, but t is safe to say that
changes which had taken place in parishes
after the organization OF the two govern
ments on the 9th of January, 1877, were in
favor of the Nichols government
The claim to the legality of the Supreme
Court, composed of Chief Justice Manning
and associates, who were nominated by
Gov. Nichols and confirmed by his senate,
rests upon the same basis as the title of
Gov. Nichols and his senate. The claim to
legality of the Supreme Court, composed of
Chief Justice Ludeling and his associate,
rests either upon their right to hold over in
case the Nichols court is illegal, or on the
legality of Kellogg and Packard's senate,
which confirmed the judges upon the nom-
nation of Gov. Kellogg, while it had a re-
tur' ing board quorum.
We have briefly sketched the actual posi-
ton as we found it. We shall now state the
legal question upon which the right of these
respective governments depends:
The constitution of the State of Louisiana
requires that the returns of all elections for
members of the general assembly shall be
made to the Secretary OF State. Ii also pro-
vides that the qualified electors shall vote
for Governor and ACKNOWLEDGMENT at
the time and place of voting for representa-
tives. The returns of every election shall
be sealed up and transmitted by the proper
returning officers to the Secretary of State,
who shall deliver them to the Speaker of
the House of Representatives. On the Sec
ond day of the general assembly then to be
holden, the members of the general assem-
bly, shall meet in the House of Representatives
and examine and count the votes. 1t will be
observed that this provision of the constitu-
ton requires the returns of votes for Gov
ernor and LieutenaAt-G Governor to be
sealed up and transmitted by the
proper returning officers to the
Secretary of State, and the same provision
is made in substance to members of the
General Assembly; but in 1870 the Legisla-
ture passed an act, amended in 1872, which
created body called the Returning Board,
consisting of five members to be appointed
by the Senate and to be the returning Off
GERS for all elections in the state. The act
provides that the commissioners of elections
at each poll or voting place shall count the
votes, making list Of names of all persons
voted for, and officers for which the votes
were given, the number of votes received
by each, the number of ballots contained i'm
the box, and the number rejected, and the
reasons therefor, and to make duplicates
OF such lists and send one to the supervisor
OF registration OF the parish of Orleans, and
one to the Secretary of State. The law
further requires supervisors of registration
To consolidate the returns received from
different polling places and forward them,
with the originals, 10 this returning board
The act further provides if there shall be
any riot, tumult, acts Of violence. in
timdation and disturbance. bribery.
or corrupt influence at any place
within said parish, at or near any poll or
voting place or place Of registration, which
riot, tumult, acts of violence intimidation
and disturbance, bribery and corrupt influ-
ence, shall prevent or tend to pre-
vent fair, free, peaceabe and
full vote OF AZ qualified electors, it shall be
the duty OF commissioners to make state
ment of such acts and forward the same to
the supervisor of registration with the re-
turns of the election, and the supervisor of
registration shall forward the same to the
returning board. The returning board is
required to investigate the statements of
intimidation, and to exclude from the re-
turns which it makes to the Secretary of
State returns received by it from those polls !
or voting places where fair election has
been prevented by the causes above named. |
The same law further declares it shall be the /
iuty of the Secretary OF State to transmit to |
the House of Representatives and to the /
secretary of the Senate of the last General |
Assembly "A list of such persons as, accord |
ing to the returns, shall have been elected
to either branch of the General Assembly, |
and it shall be the duty of the Clerk and /
to place the names of representa- |
lives and senators elect so furnished upon
the roll OF the House and of the Senate, re- |
spectlvelv, and those representatives and |
whose names are placed by the /
Clerk and Secretary, respectively, in ac- |
cordance with the foregoing provisions, and |
none other shall be competent to organize /
the House of Representatives or Senate.
1t is claimed by counsel for the Nichols /
government that this act, so far as it inter-
poses the returning board exercising these
powers of exclusion between the parish SUI
Dervisors of registration with his consoli-
lated returns, and the Secretary of State, is
when applied TO the election OF members of
he General Assembly, of Governor and
LieutenantGovernor, plain violation of
hose proyisions OF the constitution of