The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-04
THE ANDERSON CASE.


law of 1872, in order to explain the nature
of the objections raised to the prosecution.
The court then proceeds to set forth the
nature OF the amendment allowed by the
lower court, viz: by striking out the words
''original reiatrns, and inserting "consoli-
dated statement of votes, parish Of Vernon"
in lieu thereof, and by striking out the
| words "snperyiaOr of election, and in
sorting in their stead "superptsor Of regishd,
ton, the amendment was allowed, the trial
proceeded on the information as amended,
bill reserved, the document was again offered
in evidence and received.
The honorable court proceeds to expound
the law as to the requirements OF an instru-
ment created by statute in order to make it a
subject of forgery, and as to the precision
necessary in setting out the instrument IN the
indictment, citing Bishop, sec. SOC, and T. 5.
Of 1870, sec. 1919 all of which is - good law.
The learned court, after citing other author
tiles as tn what are essential IN al instrument
in order to make it Il subject OF forgery, goes
on to describe the instrument charged In the
information In this case, and comments on its
character and quality under the law, as to its
validity as an instrument subject to forgery.
The court says commenting on the CONSOLE
dated statenenD: 1.-THE statute n,Olchere gipes
to the consolidated statement any eff
result Of the election, nor does it anywhere d.
rect or permit it to be used rs means OF as
certainfng the result" Their ,honors have
erred in quoting the law. 1t does not pro-
soIidated statement as a means OF ascertain
ing the result of the election; it says those
officers shall compile and canvass from the
commissioners returns. but does not In any
form of expression prohibit them from using
the consolidated statement. fSee act of 1873,
page H. section 3, cited by counsel for defend
ant, brief, page 81 The same error in quoting
the law appears on page OF brief cited.
After further commenting upon the nature
and validity of the consolidated statement,
their honors give the following examples to
illustrate their meaning and to show that no
crime could be committed as charged in the
information:
If the supervisor Of registration OF every
parish in the State should alter and forge every
consolidated statement of votes made by each
ono respectively, and transmit them, thus
ard these officer. should canvass and com
pile the votes, as the statute requires. not from
these consolidated statements, but from
The unalterod commissioners returns, no in
jury would be suffered by any individual or
by the body polite The supervisors con-
statue the basis of the final canvass and
com piaion Of the vote as the original returns
II he commissioners are, and hence the altera.
the C commissioners remaining una cred, would
not G ange the result of the election any
parish TO e.n,titate forgery the forged In
iniure another. and this must appear either
from the description of the instrument, or by
the averuent OF matter niiunde. Where, from
aught that appears IN the i formation. the in
strument was a 1.udun, pGct,t,l or Of no effect,
forg,ry cannot b. nredicated upon it. Pe.ple
ciple Of course applies to the utterlng OF
forged instrument.
The example of their honors might be a
forcible illustration OF their meaning in
case to which it would apply, but has no ap-
plication to the case before the court. 1t
could only apply to q case where the act
charged as a crime was alleged to have been
done in an official capacity.
The example given by the learned court IL
illustrates the consequence of the acts per-
formed in an official capacity. In the case
under consideration by their honOrs the ac-
cused is not charged with committing the
offense in an official capacity as returning
officers.
Have their honors not committed the same
error which they charge upon the honorable
Judge of the court below
Are the conclusions of their honors correct,
assuming that the information alleged the
official CAPACITY; in discussing the nature
and relative importance of the consolidated
Statement?' Their honOrs proceed:
THE instrument charged In the amended in
formation as having been falsely uttered is the
consolidated statement Of votes. parish OF Yer.
non. made by the supervisor Of registration.,
The statute nowhere gives 10 this consolidattd
statement any efficacy or value as evidence OF the
result of the election nor does it any where di-
rect or permit it to be used as means OF ascer-
tanning such result.
Let us examine the election law Of 1872, and
see if the court has not erred in citing the
law. Section 2 of act 81 page 10, acts OF 1873.
is as follows:
Sec. .. Within ten days after the closing OF
the election. said returning officers shall meet
In New Orleans to canvass and compile tue
statement of votes made by the commissioners
of election and make returns OF the election
to the Secretary Of state: They shall continue
in session until such returns have been G. m
piled. The presiding officer shall OF such
meetings open, in the presence of said return
ing officers, the statements OF the comm1ssion-
c1Ino Il fhn ,tnfp
shall from said statement canvass and com
pile the returns of the election in du-
lie N the Of II the Of sas
and OF one copy they shall make public procla.
nation, by printing in the official journal and
proper, declaring the names of all persons and
officers voted for. the number vi votes for ca n
person. and the names OF the persons who have
been duly and lawfully elected. The returns OF
election thus made and promulgated shall be
prin,a fdce evidence in all courts Of Justice and
e1y to
son named therein to hold and exercise the
office to which he shall by such return be de-
The Governor SHALL within thirty days there
after. issue COMMISSIONS to all officers thus de,
SEC 8. Be further enacted. ETC., That, In
such canvass and compil ltion the returning
officers shall observe the following order,
the polls or voting. places at which there shall
have been fair. free and peaceable reg
Voting ace. there shall be received the state
ment of any supervisor of registration
required by section &c of this. act. on
affidavit of three or moro citizens. OF
any riot tumult. acts OF violence. intimidation,
ences. which prevented. or tended to, prevent. q
tair. free and .peaceable vote OF all qualified
,ace. such returning officers shall not canvass.
count or compile the statement OF votes from
such poll or voting place until the statements
been canvassed and compiled. The returning
officers shall then procerd to Investigate the
! intimidation, armed disturbance, bribery or
corrupt influences ut any such poll or. voting
place and II from the evidence of such state
tumult. acts of violence. intimidation armed
disturbance, bribery or corrupt influences did