The Opelousas courier., 1888-06-16
Stagg VS.. Duson.
THE CONTESTED ELECTION CASE FROM
THE TWELFTH DISTRICT.
Majority Report of the Senate Committee

The following is the majority report
in the above case, recommending new
election, which the Senate, last Tues
day night, by vote of 81 to IL, refused
to adopt. The minority report, confirm
ing Senator Duson in his seat, was
adopted by the same vote, and will be
found on our second page.
To the President and members of the Senate ::
Your committee on elections in the
matter of the above entitled contest
respectfully report:
That after full investigation the fol-
lowing have been shown to be the facts
of the case:
|. According to the returns of the re-
turning officers of the twelfth senatorial
district of Louisiana, composed of the
parishes Of St. Landry and Acadia, the
contestee has a majority of nine votes
in the district.
2. 1t is admitted that the returns
from the parish of Acadia are correct,
but the contestant AYERS: first, that at
the Barbreck poll, in st. Landry, the
contestee only received ninety three
votes, whereas, he was given ninety
seven by the returning officer of said
parish. Said officer having followed the
figures upon the statement of votes as
to this point, it is admitted that the re-
turning officer acted in error, and that
the true vote was ninety-three, and not
ninety seven as returned. These four
votes deducted from the votes of con-
testee leave him majority of fiveEotes
in the district
Contestant also declares, that at the
Leonville poll inst. Landry parish, he
received 374 votes, according to cor
rect addition of the tallies, whereas, the
commissioners IN their statement OF
votes and in their addition of the tallies
only allowed him 269 votes, and the re-
tlrning officer following the statement
of votes, only allowed contestant 269,
when by the tallies he should have been
granted ga.
AS to this point the law makes it the
duty of the returning officer, as soon as
he shall save r-ade the canvass of the
votes to forward Immediately to the
sAcretafy of State, one of his returns
together with tally list from which
it is made" Sec. 38, p. $50, acts 1878.
From th., it iszpparent that the tally
sheets constitute part of the returns
and afford prima facie evidence of who
is or is not elected.
In regard to the statement of votes
for this poll it was shown that two OF
the commissioners did not count the
tallies at all, and it is left in extreme
doubt whether the other did or did not,
and besides this it is further sworn that
the commissioners did in no wise verify
the count or compare the statement of
votes with the tally sheet. Under these
circumstances it is quite clear that the
statement of votes made out by these
commissioners and the return Of the re-
turning officer based thereon could not
be adopted by your committee as either
safe or exclusive guide for their ac-
ton. Resort therefore to the tally
sheets themselves was manifestly the
duty of the committee, and correct
addition of the tallies upon the tally
sheet forwarded to the Secretary OF
State, and also upon the duplicate tally
sheet in the clerks Office, shows that
contestant received 274 votes, and
should have been allowed that number,
instead of 269. Your committee in or
der to throw further light upon this
point sent for the Leonville ballot box
Upon the production of this box il
appeared, according to written state
ment of the newly elected clerk OF
court, that the seals of said box had
been broken, for which reason your
committee refused to recount said box
From the foregoing statement offacts
it is manifest that neither candidate
received majority of the votes.
Contestant further AYERS, and the ev
idence shows, that at the Barbreck pol
one vote for contestant was not counted
From the foregoing considerations
your committee have come to the con
clusion that, in justice to the Senate
and the electors concerned, the wises
and safest courG7 to pursue is to refe
the matter back to the people, ant
they, therefore, respectfully recomment
for-adoption by the Senate the follow
ing resolution:
Resolved, That neither Louis Stage
nor C. G. Duson was legally elected a
Senator from the twelfth Senatorial dis
| trict; that said seat is v0cant, and tina
a new election be held to fill said va
cancy as required by law.
Respectfully submitted,
/ Tor.y NJ Arrpv