The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-19
Total
pAp,su or sr MARTIN
Total $50. 1854
PARISH OF IBERIA.


Efnrth 70 ta1
Fifth E@ ....s4.,, l6S ~
Sivth g.p 995
Seventh ... 1ts t3
Total 1919 p53
From the above It appears that Rlard's re-
turned mn joritv In the district Is fifteen.
OF tho thirty different grounds OF contest
set no ny contestant 1t Il needed only to men
tion the first IN which the notorious inetgi-
biiity of contestee under the twenty second
article of the constitution Is urged. the fifth,
seventh, eleventh. fifteenth, eighteenth and
nineteenth. which allege that certain mum
her of Illegal votes were cast Tor enntestee by
| non registered and non resident persons at
the polls In tho second. fourth. fifth, sixth and
seventh wards in the parish Of IBERIA tho
| twenty second, which alleges illegal votes
east In the first. third. fourth and fifth wards
Of the parish 81 st, Martin. and the twenty
sixth, In which contestant sets forth that no
election was held In the third ward. parish nf
St Martin. inasmueh as the police jury had
| fixed the polling place Mt Edward Nuidry s,
| and the commissioners had illegally assumed
| of their own motion without notice. to open
| the house of Mrs Voorhees, more than mile
distant In the sixth. ninth, twentieth and
twenty fifth more minor objections such as
| that I'm some of the wards p less number OF
/ persons voted than the number of ballots
| found In the boxes, the commissioners He
gally added names 10 the poll books, etc. In
the twenty-tirst and twenty ninth 1T Is al
| legged the elections In the parishes ef st. Mar
| tin and Iberia were controlled by tho Repuh-
leans and finally closing. 1t Is set forth that
but tor these illegalties and Illegal votes
the result would have been different. Theno-
| tiof of contest In due form was served person.
ally on the thirtiath Of December, 1879. and
| on the twelfth of January was transmitted
| and presented to the Senate by the Secretary OF
| State which on the thirteenth of january re-
| fnrrpI Vt To VDur committees.
| On the twenty second of January petition
signed by ten electors was presented in open
session to the Senate, and WAS likewise re
farre.l After notice to the parties the mat
ter was first taken up on the twenty sixth 81
January. at y, m.
In the outset contestee, by way of exeap,
tlon took the position that the last petition
| had not been presented in time under Revised
Statutes ~ ASH This exception was unan-
i.nnllsly over,lied on the grounds that
First The sections referred to are merely
| directory.
| Second This Senate Is the exclusive Judge
| Of the qualifications of its members and can
not be- controlled I'm the exercise of that con
situtional right by the action of preceding
| Legislatures, See MrGrary 3ts .l9 $50
| Third Admitting. for the purpose Of ar
gument. that the mentioned sections are man
datory contestant was in time on the twenty
second OF January, for said sections grant
three days after the next meeting Of the leg
islature. or within ten days Of the time when
such dispositions were taken. allowing also
one day for every twenty miles distance from
the place of holding such elections to the seal
| of governments II Is In proof that New
Iberia is 125 miles from New. Orleans. The
committee takes notice Of the geography o
the State. and that the parishes of st. Martin
and Lafayette are at still greater distance.
and consequently contestant had at least
eleven days to present said petition, from
this it Is evident that this petition, II either
I the first or the last day be excluded, wout
have been IN time had 1t been presented
on the twenty third. Having thus
disposed of the exception. the hearing of
the merits was proceeded with without an
sWer on the part of contestee. We remark
here that no answer has ever been presented
by contestee. Contestant having adduced his
evidences In full, c0ntestee, on his application
was granted until the fifth OF February at
D. m to produce his, and finally, on the sixth
of February, the hearing of testimony was
closed
Your committees having thus heard the evil
dence. after due argument have reached the
following conclusions:
First That A. +. Rnrd was actually and
continuously engaged In New Orleans from
some time In 1876 down to July, 1879, as MAYA
Officer of the United States, and rs partner
In the firm of Griffin s. Go, pension and elain
agents. that he voted In New Orleans In 1876
that he subsequently did no act evidencing 81
change of residence from the city previous t.
thenneteenth of November, 1879. that on the
latter date rs registered In Lafayette parish
that he In registering then, declared he hac
resided In tho State since birth, and in thai
parish four months and that those fo'l
months correspond with the time when M
left the city in July, 1874, and the date OF his
registry In lafayette parish.
This time he stated under oath that he hnt
left his wife and children In lafayette, anG
that he had never changed his dotnce from
that parish yet your COMMITTEES are OF the
opinion that these present declarations canno
overcome the effect Of his acts and decara-
tipDs above mentioned. which were not done
or made at Il suspicious time.
They grant that his absence In the United
States alone would not necessarily involve q
loss Of domicle or residence In I1afayette, bu
that the other facts are sufficient 10 show tina
he had not the actual residence in the dis
trict required by the constitution, and con
elnded that ut the date of the election he was
not and Is not now eligible to 81 s ut In you
body. They report further, that while the,
have reached this conclusion they are moi
prepared to mmend the seating Of con
testant solely on that ground. Your com
mittee further find and report that no election
was held In tbs third ward, parish OF st. Mar
tin. and that the Ito votes returned for con
testant and that the / u votes returned for con
testee from that ward should be deducted from
the returned vote Of that parish. They tiuf
. that the police jury had fixed legally th'
, polling place In that ward at Edward Gul
; dry's, that by publication Of the jury pro
, ceedings and Of the proclamation OF th'
sheriff the voters OF the ward had been notl
fled the election would be held there; thaf tfi
commissioners. Of their own motion and with
out notice to the voters met at the house 0
Mrs. 9. VOORHEES,, from sixteen arpents to {
mile distant from Guidrys, where they
opened poll from which the returns In ques
ton were sent; that no poll was opened a
Guidry's. AS to those facts there was no dis