The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-24
rHE NEW ORLEANS DEMoORAT THURSDAY, JANUARY a. 1878
seats Of the occupants In this session Of the

seats Of the occupants In this session Oh the
The committee has fully considered the evil
dence submitted to them, and finds that 1t es.
tablishes the title OF j. I'll. Ferguson TO q seat
IN this House as Representative OF the Four
teenth Legislative District, parish OF Orlenns
Your committee therefore recommend that
said ]. FL. Ferguson be declared entitled 70
seat vice A. Deioie and respectfully submit the
W. II. WISE, Chairman.
Reaolred, That J H. Ferguson be and no Is
hereby declared legally entitled to ii seat In
the House OF Representatives. Of the General
Assembly of the State of Louisiana MS n Hep
resentatiye Of the Fourteenth Legislative Dis
trict, parish Of Orleans, Vice A. Deloie
FIRST MINORITY REPORT.
Mr. Singleton presented the following mi
norty report:
COMMITTEE ON ELECTIONS AND QUALIFICATIONS
New Orleans, january ~. 1878. J
TO the Honorable Speaker and Members Of the
House Of Representatives:
In the case Of Ferguson VS.. Dejoe, contest
In the Fourteenth Legislative District, parish
of Orleans, ] respectfully dissent from the re-
ports made by the committee, and by q mi
nutty thereof
After having carefully examined the testi-
mony adduced before the committee, [ have
arrived ut the conclusion that there were great
frauds committed by the party supporting the
sitting member, both In registration and
voting
That II IL jmpossble to determine the pre-
else number of votes fraudulently cast against
the contestant, but that tho whole election
was vitlated by fraud
/ therefore ain Of the opinion that the House
should declare that there was no legal election
held I'm said district on the first Monday In
November 1876, and that the seat Of A. Dejoie
should be declared vacant.
srcoup MINORITY REPORT
COMMITTEE ON ELECTIONS AND QUALIFICATIONS |
New Orleans, January "a, 1873 !
TO the Honorable Speaker and Members Of the
House OF Representatives:
| The majority Of the committee have de-
| cided to reject the whole vote Of poll No .,
| Sixteenth Ward. At this poll the contestant
| received sixteen votes, and the contestee re-
ceived three hundred and lhirty-ffve votes, 81
majority of three hundred and nineteen.
The testimony In regard to this poll. which
| can furnish the slightest pretense for the
action Of the majority, 10 equally applicable 70
ed the contestee would still have q majority
| But. by selecting the particular poll, the con-
testam has seven majority.
The only pretense for rejecting this poll is
| the alleged fact that the chief ot the deputy
marsha1s In the Sixteenth Ward would not
permit persons deputed by the Democratic
committee to stand Mt the polls as chal-
lengers. The Republicans had NO. such per
sons. By an agreement between the Repub-
| lican and Democratic commissioners OF cleo
ton ut the two polls in this ward, the United
| States supervisors, representing the two par
ties, were to remain ut the polls and act as
ehallengers. which was faithfully carried out
and in that manner both parties were equally
and fairly represented from the opening tt
the closing Of the polls.
There Is not scintilla Of evidence showing
the casting Of a single Illegal vote ut poll 2
while at poll there Is some evidence tending
Ia,
The principal witness for contestant, Mr.. Fer
guson, states in his testimony that the col
ored vote in the Sixteenth Ward was abou
three to one white, and that there we're a larg.
number OF white Republicans In the ward
This same witness says that he was Unitet
States Supervisor. during registration, TO
the Democrats, and that the registrar of vo
tiers, Williams, was fair, and he could not say
that there was single case OF illegal regis
tration.
Mr. Williams says he is acquainted witt
the people of that ward and he did not know
that any one was registered except residents
and legal voters In the ward. Mr.. Henry
Oble, one Of the commissioners at the cleo
ton, says that no man voted unless he was II
the registered list. Indeed, there is no pre-
tense that any others voted. The persons
who landed from boat that day, according
to Blake, and those who came down from
Camp Parapet, according to Wilde, If theil
testimony is to be believed, and il they voted
of which there IS no proof except as to two d
three, If Wilde is to be credited. coult
have voted as well at one poll as at another
and according to Wilde. although he does mo-
pretend to be certain, they voted at poll one
Sixteenth Ward.
The contestee has the testimony OF Judge
Pardee and Hon. VIM. Kern that they ar
well acquainted generally in the Sixteenth
and Seventeenth Wards, and that they were
| about the polls all day and saw no strange
faces. John Claiborne. the chief deputy mar
shall for the Sixteenth Ward, who was about th'
polls all day, and knows especially the col
ored men OF the ward, says that no strangers
were about the polls and that the vote was
fair one. Bower, a canyasser OF the Sixteenth
| Ward for the Democrats, says he could moi
find the residences of fifteen persons regis
tered. He does not know that any of these
persons voted. II they did vote they were az
likely to have voted at poll 1 as at poll 2.
1t is shown by the witnesses on both sides
beyond dispute, that a large number Of TIN
colored people residing in the Sixteenth ant
Seventeenth Wards were employed during TIN
day in the lower part of the city Of New Or
leans, and that many are In the habit of goint
up the river into the neighboring parishes Il
help take off the crops. 1t is the te5timon!
of every Democratic and Republican witness
who was interrogated on the subject, ant
decidedly Republican. It may be properly
reported that there is nothing in the testimon,
on either side to distinguish poll and poll
of the Sixteenth Ward, except that poll
lS ueClu5bly pun 10 SllSlli.
Democratic. The rejection Of both would re
tain contestee in his seat.
We think the proposition to reject the vot
of poll 2, or any poll in the district, i
wholly without justification or excuse from
the evidence, and unprecedented in the histor,
: of contested election cases.
By the rejection of poll 2 the eontestan
is still not elected, for the evidence Is conclu
sive that Frederic Fisher, another candidat
not seated, has thirty-two more votes than thu
contestant, and that he was one Of the candi
dates on the Democratic ticket with eontes
tant, and 1t is not insinuated even that he Oh
, tanned any illegal or fraudulent votes. tn
, Democrats were represented at each poll i
the district on the board of election commits
sioners and by a United States supervisor
In no case was objection made to the resul
by any commissioner, or protest entered b.
any Democratic United States supervisor.
The election result is asSented to by all pal
ties, and the opinion prevails generally anon
men of all parties that the contestee was fairl
elected.
We recommend that contestee be confirme
in his seat, and offer the accompanying reso
luton.
|