Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-05-02

turning Board exercising these pow
ers Of exclusion between the parish
Supervisor of Registration with his
consolidated returns to the Secretary
of State is, when applied to the cleo
tions of members Of the General As
sembly, Governor and Lieutenant
Governor, plain violation of those
provisions of the Constitution Of Lou
isiana which say the returns of all
elections for members of the General
Assembly shall be made to the Sec.
retary Of State, and in reference to
the Governor and Lieutenant Cover
nor the returns of every election shall
be sealed up and transmitted by the
proper returning officers to the Sec
retary of the Senate. who shall de-
liver them to the Speaker of the
House of Representatives.
Packard's counsel insist that the
Legislature has power to create this
returning board and give it the au-
thority with which it clothes it. Also
that the constitutionality Of the act
has been settled by the Supreme
Court of the State. But the Nichols
party deny that the question was de
cided by the Supreme Court in O
manner that could be considered au.
thoritative. 1t should be further
stated that it is not denied by the
counsel for Nichols government that
the Legislature could not create Re.
turning Board and clothe it with
these powers in regard to the ap.
pointment of Presidential electors
since provisions of the state constitu-
tion ON which they rely relate only to
the election of members of the Legis-
laturc or Governor and Lieut.. Gov
As matters stood on our arrival here
the legal tito of the respective claim
ants to the Office of Governor depend
ed upon the question we have stated
There's no judicial tribunal acknowl-
edged to be authoritative by both
parties, by which it could be solved
for reasons already given. The only
hope ola practical solution was by q
union of 80 many members of the ri.
val Legislatures as would make o
Legislature with constitutional QUO.
rum of both the House and Senate Of
members whose title to their seats arc
valid under either view of law. With
. Legislature of undisputed authori.
ty, the settlement Of other questions
could, as stated in the letter of i'm.
structions to our Commission from
the Secretary of State, be gradually
worked out by prevalent authority
This first great step in restoring peace
to the state has been accomplished in
consequence of the withdrawal oI
members from the Packard to thu
Nichols Legislature. The latter body
has 81 Returning Board members il
the House and 30 Returning Board
members in the Senate. Sixty-ons
members constitute 4 constitutions
quorum in the House and nineteen in
the Senate. 1t was in view of the
foregoing facts, especially in the con
solidation of the Legislatures and oul
knowledge of the condition of Louis
lana derived from personal contac
with the people, that we were induced
to suggest in our telegram Of the 2Otl
inst, that an immediate announce
ment of the time when the troop.
would be Withdrawn to their bar,
racks, would be better for the peace
OF Louisiana than to postpone such
announcement to some distant day.
The Commissioners, holding vari,
ous shades of political belief, canno
we'll concur In any sketch of tn,
probable future Of LOuisiana. w,
have foreborne in this report to ex
press any opinion on legal question
arising upon the foregoing statemen
Of facts, because our letter of instruc
tions seemed to call for a statemen
of facts rather than an expression O
opinion by the Commissioners. w,
all, however, indulge in a confiden
belief Of better days for all classes o.
people In Louisiana. Among the reas.
ons for these hopes are the resolutions
| Of the Nichols Legislature and letter
| Of Governor Nichols herewith sub
mitted, and which have already been
I-given to the public.
With the earnest hope that the ad,
| iustment which has been made of the
political controversies of Louisiana
will be of lasting benefit TO tho state
and will be approved by the patriotic
people Of all sections, we have the
honor to be your obedient servants,
(Signed) CHAs. b. LAWRENCE,
Jos. r. HAwLEy,
john NJ. HARLAN,
JOHN G. BRowN,
WAYNE MCYEIGH. I