Year: 1877

1.-TWO governments ON the 9TH of JAM


uary, 1877, were in favor of the Mich


oils government. The claim to legal
lity Of the Supreme Court composed
of Chief Justice Manning and his as


sociates, who were nominated by


Governor Nichols and confirmed by


his Senate, rests upon tho same basis
as the title of Governor Nichols and
his Senate. The claim to legality Of


the Supreme Court composed of


Chief Justice Ludcling and his asso-
ciates rests upon their right to hold


over in case Nichols Court is illegal


or upon the legality of the Kellogg


Packard Senate, which confirmed the


Judges upon nomination Of Govern


or Kellogg, and while it had Re-


turning Board quorum. This is the
position as we found it.


We will not state the legal question


upon which the rights Of these res


pectiye governments depend. The


constitution of the Stale Of LOuisiana


requires that the returns of elections


for members of the General Assembly


shall be made to the Secretary Of


State. 1t also provides that the unali-


fed electors shall vote for Governor


and Lieutenant Governor at the time


and place of voting for Representa-


tives. The returns of every election


shall be sealed up and transmitted by


the proper returning officers to the


Secretary Of State, who shall deliver


them to the Speaker Of the House of
Representatives. On the second day
of the General Assembly then to be
holden, the members of the General
Assembly shall meet in the House of
Representatives and examine and


count the votes. twill be observed
that this provision Of the constitution
requires the returns Of votes for Coz
ernor and Lieutenant Governor to be
sealed up and transmitted by proper
returning officers to the Secretary OF
the State, and the same provision is
made in substance as to members of
the General Assembly; but in 1870
the Legislature passed an act, amend
ed in 1872, which created body CALI
ed Returning Board, consisting of
five members, to be appointed by the
Senate and to be the returning officers
for all elections in the State. The act
provides that the Commissioners of
election at each poll or voting place
shall count the votes, making list Of
the names of all persons voted for,
and officers for which votes were
given the number Of votes received


by each, the number of ballots con-
tanned in the box, and number reject
ed and reasons therefor, and to make
duplicates of such lists and send one


to the Supervisor Of Registration of
the parish Of Orleans, and one to the
Secretary of State. The law further


requires the Supervisors of Registra-
ton to consolidate the returns receive


ed from the different polling places
and forward them with the original
to this Returning Board. The act
further provides that if there shall be
any riot, tumult, intimidation, ETC..
at any place within said parish which
shall tend to prevent fair free, peace
able and full vote, 1t shall be the duty
Of the Commissioners to make q state
ment of such facts and forward same


to the Supervisor Of Registration
with his returns of election and the
Supervisor of Registration shall for
ward same to the Returning Board.
The Returning Board is required to
investigate the statements of intimida-
tion and exclude from the returns
which it makes to the Secretary of
State returns received by it from
those polls or voting places where a
fair election has been prevented bv
causes above named. The same law