Daily Kennebec journal., 1878-07-12
IMPROPER ACTIONS CHARGED To
THE RETURNING BOARD.
Butler Closely Questions Kellogg in Re-
gard 10 the Action Of the Re-
turning Board.
WITNESS GIVES FULL STATISTICS
OF THE RETURNS.

great many people in New Orleans thought
that the Louisiana Returning Board acted in
properly.
At the request of Butler witness gave detailed
statement as to the commission Of the respective
houses of the Legislature, and after reciting the
law of Louisiana to considerable length, stated
that Gov. Packard was legally inaugurated the
9Th OF January OF which tine there was q repub-
hcan quorum Of both houses.
Butler produced q tablet containing tables COM
pied from the returning board figures, which
showed after the board had thrown out sufficient
democratic parishes to elect the assembly, it was
found there were still two Hayes electors defeat
ed, aud the Board proceeded to throw out further
parishes and precincts until they succeeded in se-
curing majority of Hayes electors.
Wtnts. stated, assuming the figures correct,
the findings of the returning board left the assem-
bly, republican in both branches and still left two
Hayes electors in the minority
Butler-Whereupon the board proceeded to
give the screw another twist.
Witness-That is not my testimony.
Q-How much on the returns IS returned by
the board did the lowest Hayes elector run be-
hind Packard?
A-These tables show a majority for the Gov
ernor of 40l, while two republican electors, Lev
issee and Joseph, were in the minority.
The committee at LAO took recess until 2l5
Pm.
After the recess the examination of the witness
was continued by Butler.
Q-On the face of the returns, without sny al
teraton on the revision, or throwing out of any
parishes who appeared elected, Tlden or Hayes
electorsi
A-The Tden electors had majority, be-
lieve, on the face of the returns of the votes as
cast in the different parishes. originally, and did
Nichols.
By the Cbsirman-I suppose it was perfectly
notorious after the election what the face of the
returns showed throughout the Statei
A-fes, sir. Ia about ten days after the eec.
ton.
BY Bu.er-Did you telegraph to Florida any
statement as to how the State had gone, at sny
time before the 9Th of Decemberi
Al telegraphed two or three times, perhaps,
that it had gone favorable.
Q-From what source did you obtain the infor-
nation,
A-From my knowledge of the result of the
election As Indicated by the returns from different
parishes, and the notorious fact that in certain
parishes there was degree of terrorism that be-
leved would show the absence OF q fair election,
and justify the returning board in throwing out
the vote. My opinion was in relation to the gene
raj result only. teegrsphed to friends in Flori-
da to that effect, and also to Mr. Chandler, of the
Natl Repub. Com.
Odd you get auy Information, direct or indi-
rect, from the returning board. as to how the re-
turns footed up, as they thought?
A-NO, sir, cannot say l did. All the inform
alton had WAS that accessible to the visiting
committee and Others The returning board, in
oil cases where the parish was disputed, would an
nounce so many votes for the Hayes electors, and
so many votes for the Tden electors but when
there were charges OF Irregularities those par ish
es would be set aside for further action.
Q-Which were the disputed parishes that were
laid aside I
Al think they were seventeen in number,
where more or less intimidation was claimed.
Q-Now lay ing aside those that were question
ed how did the polls stand in those parishes that
were uBQuestiOnedf
A-ro the best of my knowledge and belief,
think the returns from the unquestioned parishes
would give majority to the republican ticket
throughout. In seventeen of the par shes where
there was more or less intimidation, and in I've of
which the republicans we're thoroughly tsrrorized.
the colored registration was n ,269, and the white
registration 2O,36O, showing colored majority of
registered voters Of 5000. The vote in these
seventeen parishes, as cast the face of the re-
turns, which there wss no dispute about, was TO-
$40 republicans, only. and 2l, l23 democrats Tha,
~, these seventeen parls lshes with c0lOred major
iiy OF nearly $1,000 gave democratic majority
OF IL, 1853. That is the basis of the intimidation.
In the forty parishes where We all agreed there
WAS no intimidation, and the election was fair and
Peaceable, the color ed istaation in 1876 which
was about the same rs the previous year, was ST.
S99, and the white registration 2,034, showing =
colored majority of 1896. These forty parishes
returned the following vote Republican, Is, 900;
Democratic, SO 1872: givlag . republican majority
OF S6U'0, and upwards. These are the undonbted
statistics compiled by me from official papers.
Kellogg having stated that the registration of
1876 was that of 1874. cosrected aud amended,
was asked what had lntimmdaton to do with al
tering the registration in 1876. and answered as
follows:
do not think it had 80 much to do with alter
ing the registration. Ieprobably had not much
to do with that, except that the new color ed men
would not come forward and register.
Q-lt would only then affect the accretions 10
the parish. and those thrown out on account of
death and removal
Ayes, sir.
Q-The bull-dozcrs never affected the registra-
ton, h M
A-No, sir; of course not.
Witness was next questioned about the orgsniz-
alton of the Nichols government, and the scenes
which followed in New Orleans, and then related
at length the events connected with the seizing by
force Of the court buildings, and the breaking up
OF the court, and the subsequent appointment of
judges by Gov. Nichols, a. their succe ssors.
Q-After Packard had threatened to appeal to
the Supreme Court to determine the legality OF
his election, did not President Hayes destroy the
quorum of the court by appointing Mr. King col
lectorf
A-The fact of his appointing him collector,
and his taking the oath OF office, did destroy the
court, on the ground that the taking of one Office
is a virtual and legal surrender Of the other.
Q-Then what Nichols did by force President
Hayes conf med by appointing him collector.
Was he same Mr. King who after be had been in
office little while and the count destroyed had
his name withdrawn and his name not acted upon
by the senate.
Ale is the same man.
Q-And Mr.. p. II. Morgan, who was one of
the Judges who held over, was appointed by the
president to be judge of an international court in
Africa, was he not translated into that position
Al believe he was appointed to such . posi-
ton.
Q-And just about that time was il mott
Alt was about May of last year think.
Q-rhen when Morgan and King had been ap-
pointed Packard had not much chance with the
Nichols judges had he
Al don't think he bad.
o. want to ask you in oil solemnlty this, do
you believe from your knowledge of what took
place tha. there was any other reason for appoint
ing King collector than to get him out OF that
court so that Packard would not have his rights
tried by legal court.
Hiscock objected to the question.
Butler argued its pertinency and he had q right
to ask the witness if he does not believe the res
son of the appointment of King was substantially
for the purpose of breaking up that court.
Hiscock thought it WAS hardly competent for
anyone to swear Is to what Influenced the presi-
dent in making such an appointment, or what op-
Grated on the mind Of Gov. Nichols in his action
in the matter.
Buter-I will ask you then if you know on
whose recommendation King was appointed
Al think he was appointed on recomme nda-
tion Of Thomas G. Anderson, and recommended
him also. That the president did or did not .P-