St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1914-04-04
High CourtHolds
Boxes Must Be
Opened

SUPREME COUNI HECalIlIS ~ LII
NIsI; NOVEMBER IL ELEC-
TION TO BE PROBED.
New Orleans, La, March 29.-Wftl
Justice Provosty as the organ, thu
Supreme Court handed down a de
cision Monday ordering the opening
of the ballot boxes used in the city
election In November, 1912, to de
termine whether there were any
frauds in the return Of the vote or
presidential electors. The case was
the State on the relation of Lawrence
Cassidy, clerk Of court, against j. G
Baker, Judge, asking writ of Ger
tiorari and prohibition.
The boxes will be opened in the
Criminal District Court in the pres
ence Of the attorney general and Dis
trict Attorney Luzenburg and Of
Judges Baker and Chretien.
The decision was rendered by a
vote Of 3 to 2. the chief justice and
Justices Provosty and Laird favoring
the opening Of the boxes and Justices
Monroe and Sommerville believing
the law required the destruction Of
the ballots after elk months. The
long delay In the decision was due
70 the illness OF Justice Provosty.
History Of the
Election Cases.
Immediately after the election Of
1912. Mortimer N. Wisdom, presi-
dent Of the board Of supervisors, call
ed the attention of Governor Hall and
the district attorney to apparent
frauds In the vote on the constitu-
VoDAl amendments.
District Attorney Adams took up
the case With the grand jury. That
body oQsned practically all the boxe q,
ana ~ result was the indictment of
160. ed6 election officials. Democrats
and Rspublicama, TOR fay Sc counting.
II some of the cases thu. frauds were
patpable.
Before any of the eases could be
put to trial. Capt. 4. D. Henriques,
Of counsel for tho II 1dicted commits
doners. raised the point that since
false counting III constitutional
amendments 11E . OF specifically de-
aounced BY Nv. tn Q indictments were
null. Judges Bah er and Chretien up
Held the @ontantfs IN and their decision
wos tA4Efnedi by the Supreme Court.
Uednr taa Jaw ballot boxes are
hspt six; meat his after an election,
when: their co ntents are required to
be, destroyed. This six months had
alraady oxpt led when the Supreme
Court decisie IN became final. On the
daJ the ba lDts were to be burned
0oSernor fla1l asked District Attor-
ney Luzenbnrg and Judge Baker to
delay their destruction until 1t could
b determined whether there were
also frau Dc in the vote for electors.
Governor Invoked
An Old Statute.
Later the governor had the attor-
ney general and the district attorney
ask Judge Baker to order the open.
inG Of the boxes under an act Of a
century ago to determine IL aY.y
crimes had been committed.
H. p. Dart appeared for the ch,r
OF court. r. H. MARI was selected as
. friend Of the court. 1t was dc cid
cd by Judge Baker that the grand
jury was the only proper authorj ty to
make the probe.
The Supreme Court reversed judge
Baker. Thereupon the clerk Of court
opposed the opening Of the boxes on
the ground that the law recurring
MIN to destroy the ballots after six
0onhs was mandatory. Judge Bak-
q held against this coatention and,
the clerk appealed. MONDAYS de
e'sfon OF the Supreme. Court was o n
this appeal. =
Reasons Given by
Justice Provosty.
IN concluding his reasons for iu de-
ment, after citing a large humble r Of
cases which he said were par allel.
Justice Prcvosty finished up the
twenty-page decision in the t. ,,low-
Ing language:
IIlw,trations might be mutt iulied:
out elaboration of the poi at can
hardly be necessary. The W nv pur-
pos, Of requiring the ballot b nxr.; and
Ins,ir contents to be kept it. as held
" Gonsoulin VS.. Decuir, IL ma G1r
that they may serve as evidence
In that case it was held ,hmt under
judicial supervision, tn ~ nav he
opensu ana examined as we'll before
= as a1'er suit instituted. The exhibit
ton against allowing nnv nerson
"nstooevel 70 examine them does not
appiy 70 tue state actl ng ,shrough her
law officers and judi .ia1 tribunals in
@ne oe'eCtloh anu punt ishment of
crime. The state not anv narson
when .xercisi, her SOW
ereign right or r protecting and con-
Eersing the safet , and goo d order Of
society: For tn is statute 4 . apply to
ne state in sue h case it " ouid have
been necessar =. under sale rule of
that it shou Id have
1amed the state expressly. general
words do not suffice.
He!ator argues that the aid Act
lez OF 1913. which is the general
'iection Jaw, eulbodies the Avs tralian
'a'ot system. which has 70 it's
fundamental ielea the preserved ION of
ne secrecy OF the ballot; ard that
lte ssad section % is both a car, wing
~. OF mat idea; and that. there, ore.
would be a violation not only o. its
aver put OF t lie spirit Of policy VIII ich
ictated 1t. ITO permit these bal lot