The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1880-05-12

commissioners, because two out of the
three who signed it protested that they
signed under compulsory order of the
Parish Court, aud that the bail0t-b1x,
as counted under the order OF the court,
had been tempered with, and that the
result did not correspond with the
connt at the precinct. III fact the re-
turn was in reality the return Of the
Parish Judge, who was without au-
thority to that end
In the meantime, however. before
this decree Of the Supreme Court had
been rendered, the Secretary of State
had complied viii, the order Of the
indge of the District Court and tabu-
lated the contested returns from Grant
Parish, thereby changing the result
shown by the original returns and de-
clrring Blackman elected over Barbin
by % majority.
After the decree of the Supreme
Court referred to was rendered and
submitted to, the Secretary of State,
having already tabulated and promnl-
gated the returns of election, he de-
clincd to amend or alter the same,
when this proceeding was instituted
by Barbin, the relator, to compel him
to do 80.
| It is resisted by the Secretary of
State upon the ground shown IN MS
answer, which is substantially that
Having once tabulated and promulgated
the returns of the election, that his
mower over the matter was exhanstet
and he could not legally change, cor
rect or amend the same, and it is the :
| issue thus presented that is before us
for adjudication.
Section 2 If Act No %, 1873, amend
ing Section 80 of Act No. So, of 1877,
provides sThat it shall be the duty Of
| the returning officer of each Parish to
make out triplicate returns to be certi-
fed by the clerks of court in whose
Office the ballot boxes are deposited to
be correct. He shall forward one of
the returns and the tally lists from
which It is made Immediately by mail
to the Secretary Of State, he shall de-
liver the other two to the clerk of the
court. who shall imm diately forward
one of them to the Secretary Of State
; and shall file and preserve the other
one in his office"
SECTION ~ of Act No. SO of 1877 pro-
vides "tlat it shall be the duty Of the
Secretary of State, or in his default
the State Auditor, not less than ten
nor more than tweGty days after the
> holding Of an election, to begin the
3 compilation of the returns, and shall
publish in the official journal the
names of all the candidates voted for.
3 the office for which each was voted for,
d and the nnmbpr Of votes actually cast
for each, as sho,cn By the returns, aud
shall declare that the person receiving
| the greatest number of votes cast for
t the "ffice for which shch person was y
t candidate has been duly elected"
And Section As of the same Act de-,
Q clares "'rhat the clerks of the several
courts Will, whom election returns are
r filed shall preserve such retnrns until
D the time of the succeeding general
election and the returns 80 filed with
Q the Secretary Of State and clerks of
courts shall be prima facie evidence OF
}, the result If the election in the Parish
: from which the returns were inaie.'
These Statutory provisi his rn;n ont
$ with clearmess and precision the DIT
ties of the Secretary If State Will, ref
e ererce to The counting, compilation aud
Z PRONUNCIATION Of election returns. Tho
It very terms OF section 3 of act Me- So.
u above quoted, expressly exciutte .
- idea that this officer eau count, cnn-
u pi'e aud ,rn,nnlyalr any either frtn'ns
n ~ L., s. II -.
IS him by tie returning ,.sic4.'s al II
q several nariS'.as. ,nai!e ont anal etf:.-
l. fed in the n,::unrr prescribed ny i;lW.
y There is not II 81 GLE provision II
u these statutes that h the mus. liberal
cnnstr,ctinn wp,,i.! a,l.ln,iizs aim to
rt Count az compile returns fnrMaHisti by
p any other person ~ anlh".;ss ts!aa
these rr.urn:,u n.fi.,"s, rr tl.a. com |
IA give him an, cnlnr.f ri..: Il, .ei,>i'ir
p or wpial, any e> iI,.ncs If The W rs 81
m airy ;miisl ar w.i,il alleged t" hc lost
* ar tlcs'iay..! or at>rrart,,l. ~. in s',tirt
ut a..cp,:t or rul!ut any Ici,itn hot eert;-
til fled ak, forwarded in strict con 'nrnity
IN to the statute In ntlcr wo:tts. his
D. duties are purely ministerial. his ii
r. the cnnstrlcii.n, nf the law ti,atie by
or this officer l.iisst'! is disclosed b, Ills
=. answer in the case of the State tx rel
Ia ". F.. Dlackman sc VIII A. Sifans,
nd Secretary q. State, above Hteireh to
re and such VIC cnnsirne TO be tie fili in
sll tent and meaning Of the decision Of
he onr predecessors in the same care
re above qnoted. Did the language a
a. the statute leave any rom for doubt
u ON this subject, that doubt would bt
n removed when we consider the tims
Mt of the legislation and the evils intend
OF ed to be corrected growing out of til,
he enormous powers nsnrped By returnin.
ca boards in the recent history Of on
Gil State under the specious nretext ofex
IL ercisiny discretionary powers. Thes'
70. statutes were intended to strip, ant
a. did strip the Secretary Of State, VIII
X was constituted the final canvasser o
". the election returns, Of all discretiona
OF ~ powers, and made his duties strict
to " and exclusively ministerial. An.
,al irregularities in elections resultinI
he from fraud, violence or other cause ar
lat to be corrected not by the Secretar,
lat of State, but by the proper proceed
ms ings before the Courts.
'ae If this view of the subject be correc,
.uo and the Secretary of State only an
=. thorized to compile and promulgat
40, the result of election returns in stric
'eu accordance with the triplicate return
TO required by the statute, then it wonl
'" follow. az a legal cOrOlary, that when