The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-06
THE ANDERSON CASE.
CONTINUED


yesterday. stated my purpose to show that
The compilation of the vote of Vernon parish
from the consolidated statement was capa-
bic OF effecting, and did effect, q fraud. Let
us see.
What are the objections made to the valid
ity and value of this instrument?
One objection given is that "the statute
nowhere gives to this consolidated statement
any effect as evidence OF the result of the
election, nor does it anywhere direct or per-
NIT 1t to be used as means Of aScertaining
such result
These objections of the court have been dis
cussed already, and [ need only repeat that the
Legal propositions are not supported by the
law. Ii the statute gives this instrument no
efficacy or value, why did the lawmakers
require 1t to be made in formal manner by
the most important election officer in tie par
ish?
The honorable court says further that "this
consolidated statement of the supervisor Of
registration Is Of so lille account that it's
preservation among the arctiUes Of either
the parish or the State is not commanded"
Why should this be necessary to make this
instrument important! So far as the ar
documents, whether commissioners returns
or others, made by the officers OF election in
the parish, are required to be filed or pre-
served In the archives Of the State but all
are required to be filed with the returning
officers That the com miSSiOnprS' returns, as
well as the affidavit and evidence OF fraud,
violence and intimidation, are required to
be filed with the clerk of the court and the
supervisor statement. not required to be filed,
can be OF no importance in testing the value
of this instrument as to the correctness or
truth of the facts it sets forth, or the truth
ful,tess OF the statements made by this Off
Ger. There are reasons why the affidavits and
other evidences of violence and fraud, tog. ther
with the commissioners returns, should be
filed with the clerk OF the court. For in
StanPa in of for
wards OF the parish and on trial of cases
wherein the law had been violated at the
polls during the election, these documents
would be useful and necessary.
AS to the absence of the clerks certificate,
this has been discussed elsewhere. The fact that
in some of the parishes affidavits of violence
and fraud were made and forwarded to the
returning officers, requiring them to examine
such polls separately, can make no difference,
as the statement of the vote cast at each poll
appears separately on the consolidated
statement" so that the vote of each poll can
be known from the consolidated stateme nt. F"
The returning officers must under the law,
either count the vote of the poll as it appears,
or, in case Of fraud, reject The entire poll.
.'There is no officer who is authorized by law
to give certified copy OF it for use AS evil
dence or for any other USE" This objection
is equally valid against the commissioners
returns and other election documents made
by election officers in the parish, for there is
no cypress authority to give certified copy
Of any.
These objections, il substantial and alleged
defects, can have no real effect in determining
whether this official statement of the vote OF
the parish OF Vernon is correct and reliable
for the purpose of ascertaining the vote Of the
parish. Whatever may be the informalities
In the execution of the instrument land the
effect in another view of the casel they are of
no importance In determining this question,
which Is, whether the official statement Of
this officer as to the number OF votes cast at
the election held in Vernon parish in entitled
to credit as truthful and correct, and whether
the returning officers would be able to dscer
tam the result Of the election from this docu-
ment, md from 1t make q correct canvass and
return of the election in that parish.
LII SO, their official action in canvassing and
compiling the vote of Vernon parish from the
consolidated statement was lawful and valid,
as clearly appears from an examination of
the election laws and the rules for the con-
structon OF these statutes.
The consolidated statement was a sol
emn statement, made by the supervisor Of
under oath, that the consolidated
statement made by him, in obedience to law,
was true and correct statement OF the votes
cast at the election in Vernon parish;
from the official character OF this officer and
the Importance of his duties, his official acts
and statements were entitled to full confidence
as to their correctness, and his official state
ment was as reliable as to the truth of what it
as that of any Their officer in the
parish. The action of the accused in this
case, In canvassing the vote of the parish OF
Vernon from this supervisors statement al
though required by law to compile from the
commissioners returns, was lawful, since by
5uch canvass correct and true return OF the
election could be made, and thus accomplish
the substantial purpose Of the statute"
The official action Of the accused in COM
piling the vote from the consolidated state
ment being lawful and valid, it would certain
ly be capable OF effecting fraud"
The vague maxim OF law, that "every one
Is presumed to know the law" IA rather yio
lent presumption, for what lawyer knows it?)
cited by the learned counsel for defense, as
we'll as by the honorable court, will apply
here, and although all persons know that the
Nv required the returning officers to compile
.he vote from the commissioners returns,
,hese officers neglected or refused to do so,
md did compile the vote from the "consoli-
lated statement" the returns OF the election
30 compiled We're nevertheless valid.
Let us now take glance at the example |
given by the honorable court already cited !: |
sh In the State should alter and forge every |
statement of votes made by |
ZACH one respectively, and transmit them |
hus altered and forged to the returning Off |
'ers, and these officers should canvass and |
compile the votes as the statute requires, !
lot from these consolidated statements, but |
rom the unaltered commissioners returns, |
10 injury would be suffered by any Individual !
'r by the body polite" This proposition is
correct; but, pray, what application has it to
he case under the consideration of the court
{ he question to be decided is net whether the
liberation of the consolidated statement" by
he supervisor of a parish would effect fraud |
n case the returning officers compiled the 7ote |
rom the unaltered commissioners returns;
tut whether fraud or injury could result |
rom the action OF these officers in compiling
rom the altered supervisors statement, in
tead of following the requirements of the
aw and compiling from the commissioners
eturns.
Ihe supervisors consolidated statement
5 not made by the statute the basis of the /
inal canvass and compilation OF the vote as
he original returns Of commissioners are,
nd hence the alteration and forgery of all OF |