The Opelousas courier., 1888-06-16
gence and character, as conceded, il
n -..-fI~ s.z

opinion, when pressed, that he believ-
ed that the addition of the tallies was
correctly made at the time, and that
ssthe total number of votes" as placed
in the last column of one Of the tally
sheets. which he had charge of, was
correct, and that the two tally sheets
were counted by two different men on
two different tally sheets and the same
result reached. His testimony was not
of that satisfactory character which
dispels doubt and forces conviction.
While it couldaa6T be said to establish
the case of Duson, it gave no aid or
comfort to the contestant and failed ut
terly to overcome or to weaken the pre-
sumption of law which the certificate
from the Secretary of State attaches to
the right of Duson to the seat, andV
which will be more fully elaborated
hereafter.
Mr.. Mallet, the other commissioner
produced, appears to have taken the
ballots from the box and not to have
assisted in keeping the tallies on the
tallv- sheet. His evidence was value
less.
If the contest was to be decided sim
| ply upon the evidence submitted, the
subscribers are frank to say that no
mind of man could reach a conclusion
upon any satisfactory process Of rea.
soning.
The committee, after seriously con-
sidering the evidence up to this point.
determined to send to st. Landry for
the ballot box containing the ballots
cast at the Leonville precinct for Sena-
tors, and the poll list of voters who
voted at said precinct. In due time
the ballot box and poll list were
produced before your committee. But
when said ballot box was examined on
the outside it appeared that thesseal
had been broken. The evidence of it
having been broken was simply Il
statement in writing by n c. M.
Thompson, pasted on the hole through
which the ballots are introduced.
By a majority vote the committee de-
cided not to open the box or to exam
inc the ballots therein contained.
Without counting the ballots the poll
list was of nc value as evidence, and
was not used by the committee.
Before considering the principles of
law and reason, which, in the opinion
of the subscribers, ought to be applied,
they respectfully call to the attention
of the Senators the present condition
of the law as to contested elections.
By the opinion ofour Supreme Court
10 the case of the State ex rel. ODon-
nell VS.. Holman and Mehle it has been
recently decided that the Senate is the
absolute and sole judge of the election,
qualification and returns of its mem
bers, and that no court OF judge has
any right to proceed to open a ballot
box, and count the votes, Or even t.
take dispositions or testimony in q
contest to be made before the Legis,
lature or either house thereof.
This leaves the whole subject OF o
test with this body to adjudge and de
termine.
This being the only tribunal which
can determine the rights of the parties
! rights which are inestimable in value
to every citizen of the State of Louisi
ana, and which affect character ant
, reputation, it is submitted that thi,
body ought tes proceed with caution
and to do all that may prom te justice
There is no appeal from, theta Is nCre
vision Of our solemn action. If court
of law are controlled by rules Of evi
dence, 10 should lawmakers be careful
, to observe laws which they have as
sisted in framing.
, The signers of this report respect
fully submit to you, Senators, that ii
N contests made before legislative bodie
the same rules of law and of evidence
apply as are ordinarily applied il
!, courts of law.
The burden of proof is upon the con
testant to make out a case, as it is upol
the plaintiff in a lawsuit. The proc
| must p~reponderate to overcome TIN
) primG faeie right which the certificat,
from the Secretary of State makes il
favor of the sitting member, just asth'
proof must preponderate to overcome
the primG. ffacie right of one in posses
sion to retain possession in an action
for possession.
) The force of a legal presumption il
the certificate from the Secretary o
State is as great as any presumption o
law which is to be found in our Civi
'ICode.
To assist the mind in reaching o de
termination, and for the purpose o fx
ling and settling thingc by nature indie
terminate and uncertain, the law fran
ed by reason and experience comes t.
our assistance and establishes rules t.
govern Us.
II When the election of a member o
j the Senate is disputed the law says th,
one holding the certificate from tn
j Secretary of State shall be entitled t.
, take the seat. The weight given to til,
!, certificate is the effect of the legal pre-
sumption. The Secretary of State, a
we'll as all State or public officers, ar,
presumed to do their duty. When
! Senator is once seated on a prineG ,faci
!, case he is entitled to all the legal pre-
sumptions in favor Of one in possession
His seat can be taken away from him
E or it may be declared vacant, but j
ought only to .be done after there is
! preponderance of proof against hin
! and the prinaa facie case is overcome
1t is not sufficient to make it doubtful
or to leave the mind in a state of un
certainty and perplexity.
In this case the undersigned llav;
not been able to find any evidence I,
overcome the prima facie case which C
G. Duson has by law, nor evidence Il
meet, much less to preponderate, owe
the evidence of his election by a major
ity Of from / to S.
They heliaye that the hallot ho,