Year: 1868

nave had III changing, altering or
modifying the result Of the election
one copy of which they shall trans
NIT to the Governor and the 9th
er to the Judge of the District
Court in and for the parish, if it
be outside of New Orleans, and
one to one Of the judges ofthe 4th,
9th, 9th or 7th District Courts of
New Orleans.


And if the Governor shall deem
the allegations made in said state
ment sufficient, if true, to invali-
date the election of any person or
persons who may appear by rea-
son of the vote returned from said
parish, ward, precinct, city or town
to have been chosen to any office
or offices. he shall notify at once
the judge aforesaid of the same,
and said judge shall at once pro-
ceed to make inquisition thereof
summarily and without awaiting
the coming of a term of court in
said parish, if it be in vacation,
and if he be holding court in an.
other part of the district he shall
then and there make such inquisi-
ton, or may repair to such parish
to make it and may summon any
person or persons to come before
him to give testimony, and to
bring with them any papers or
records giving light thereon, and
he shall hear and determine such
questions as may arise therein, in
preference to all other causes be-
fore him. And the said District
Judge shall examine into the allie
cations made in said statement
by said supervisors and comission-
ers of elections as to how far they
are true, and how far untrue, and
whether the acts done did or did
not cause the election to be deter.
mined contrary to the real will of
the voters who did and who were
deSirous to vote at said election,
but were prevented from so doing,
and of this he shall cause q record
to be made in the minutes of the
District Courts of the parish in
question, and transmit a duplicate
copy to the Governor, who, if the
finding of the court is that the
election was invalided by reason
Of said unlawful acts, may disre-
gard all returns made from said
invalidated parish, ward, precinct,
town or city, and if the same were
part only of the constituency of
an officer to be elected, award
commission accordingly to whom
would be elected if those returns
be thrown out, or if such officer
solely elected by the parish or
subdivision complained of them,
the Governor shall order a new
election, and not more than fifteen
nor less than eight days notice of
the election shall be given by the
returning officer of the parish, by
publication, at least twice, in two
or more newspapers, if there be
such published in the parish or
city, and be posted up in at least
four public places therein. 1t shall
be the right of those who deny
the correctness of the statements
made by the supervisors Of regis.
trati0n or commissioners of elec


ton, to appear and contest the
same, and the witnesses and writ
ten or published evidence proffer-
ed by them, shall be called for,
heard and examined by the judge
of the aforesaid equally, with that
proffered by such supervisors or
commissioners; Provided, that un-
til the finding of the judge in such
cases as above provided shall have
been officially transmitted to the
Governor, no returns thus had in
question shall be counted for any
candidate, and that il such find
ing shall not be so transmitted
until after the expiration of the
time prescribed by law for the
official PRONUNCIATION of the result
of the election no returns SO ques-
toned shall be included in such
PRONUNCIATION, but such returns
shall be held null and void; and
be it. further provided that moth
ing in this act contained shall be
construed so as to prevent the con-
testing any election by any candi-
date who may claim to have been
lawfully and rightfully elected to
any Office, but that such person


may implead his opponentin any


court Of competent jurisdiction of
the parties and subject matter and
demand that he be adjudged to be
duly elected thereto; and if the
court, after hearing Of all the facts
and considering the law in the
lease, shall render Judgment final