The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1896-05-09

the votes cast ia then made III accnr-
dance with the evidence thus prndn-
ced.
The State Constitution nnwlI"r-
makes the General Assembly judges
of the Il, cti"n aud returns uf the Gov
errors election hut il "-xpressly'
provides tia: 'eacl, House shall judge,
Of the qualifications, election and re-
turns Of its f" members
Nor is this striking distinction
merely n~ccidtntal. for the Governor
ship is the head of the ~.exrrutive' de
partment while tie senators and r-lr
rcstntatlyeS constitute the "Leeisla-
tive" Department.. Hruce from alum
dhnt caution. and by provisions not to
be- tnIn,i IN any pttv!ous Constitution.
the Constitution Of 1879 introduced
The CHAPTER, entitled redistribution of
Powers"
Art IA provides ''Thc power Of the
Government 1T HE State Of LnHi>iana
shall be divided into three distinct
departments and each Of them he con
iided 10 Il 'seperate' body of magis-
tracy. to wit Those which are .iegis-
lative' to one-those which are sext Gu
tive T. an"tller-and those which are
judicial to another
Art Is IN" one "f these depart
ments, nor any persons or collection
OF persons, holding office. in cue OF
them, shall exercise power muleIiv
belonging to either Of the others, ex-
cent ~ the Instances hereinafter .ex-
pressly' directed or permitted
Inc cardinal idea IS that one depart
nient shall not iinptnge "u tile other.
with the we'll defined reservation. "zx-
cept III the Instances hereinafter tex
pressly' directed or permitted.
Is there an ~''eXpnes~' grant Of pow
er to the General Assembly to '.iudge
Of the election Of Governors ty no
means. Not even to Judge Of the re-
turns. 70 Judge" Of the election"
IS more sweeping than the function
'to examine aud count the votes
Z: especially when this clause Of
Article 80 is considered with the con
text of the whole article, which relates
to sealed official returns forwarded to
the General Assembly. who then pro-
cted to Freak the seal in order ito
examine and count the votes.-
ln ,eturus and ascertain
that they ale certified according to the
requirements Of law. cannot confer iu-
diclal functions to determine aliunde
whether the election was free and fair
or tainted by fraud and intimidation.
nor TO investigate the mode ana map
~ ~ y-hI,fI Fin ,lzat,,
on in every precinct Of the thousands
OF precincts of election.
Had the Constitution intended to con
fer sucn extraordinary judicial fupc-
tons upon the General Assembly and
to place the Executive at the mercy of
the Legislative Department it would
have used the. same terms relative to
the election of lis own legislative
members. II would have, in accord
ance with Article 15. expressly
directed or permitted the Legislature
to Judge" of the qualifications, cleo
ton and returns of the Governor.
But this 1t has purposely omitted to
do, as IL too violent infringement Of
the Legislative upon tile Executive
Department, III tile face of Article "A
of tbs Constitution.
The General Assembly has not the
shadow OF q right 70 sit as Judges of
the election and returns Of election for
Governor. They" caunot.-to use a
Notwithstanding expression. %
behind the returns Of election, and sit
~ Judgement upon the state Of the
country, and say what the result
might, would o. should have been.
according to caprice, bias, or predilee-
ton.
See Revised Statutes. See 1855 as
Interpreted in 40 An. RIP. 600, state
rel OfDonnell ~. Jgdnes ~