Year: 1877




transmitted by the proper returning


officers to the Secretary of State,


and the same provision is made in


substance as to members of the


General Assembly; but in 1870 the


Legislature passed an act, amended


in 1872, which created body called


a returning board, consisting of five


members to be appointed by the


State and to be the returning ofli-


GERS for all elections in the State.


The act provides that the commits


sioners of election at each poll or


voting place shall count the votes,


making a list of the names of all


persons voted for and the offices


for witch the votes were given, the


number of votes received by each,


and the number of ballots in the


box and the number rejected and


the reasons therefor, and to make


duplicates of such lists and send


one to the Supervisor of Registra-


ton of the parish of Orleans and


one to the Secretary of State. The


law further requires the Supervisors


of Registration to consolidate the


returns received from the different


polling places and forward them,


with the originals, to this returning


board. The act further provides
that if there shall be any riot, tu-
multi, acts of violence, intimidation
and disturbance, bribery or corrupt
influence at any place within said
parish, at or near any poll or vot-
ing place or place of registration,
which riot, tumult, acts of violence,
intimidation or disturbance, bribery
and corrupt influence shall prevent
or tend to prevent fair, free, peace
able and full vote of the qualified
electors, it shall be the duty of the
Commissioners to make statement
of such facts and forward the same
to the Supervisor of Registration,
with his returns of the election, and
the Supervisor of Registration shall
forward the same to the Returning
Board. The board is required to
investigate the statements of intim-
idatlon and to exclude from the re-
turns which it makes to the Secre-
tary of State the returns received by
it from those polls or voting places
where fair election has been pre-
vented by the causes above named.
The same law further declares: sit
shall be the duty of the Secretary of
State to transmit to the Clerk of
the House of Representatives and
to the Secretary of State of the last
General Assembly a list of the
names of such persons as, accord
ing to the returns, shall have been
elected to the either branch of the
General Assembly, and it shall be
the duty of the Clerk and Secretary
to place the names of the Repre-
sentatives and Senators elect so fur
nished on the roll of the House and
of the Senate respectively, and
those Representatives and Senators
whose names are so placed by the
Clerk and Secretary respectively, in
accordance with the foregoing pro
visions, and none other, shall be
competent to organize the House
of Representatives or the Senate.


1t is claimed by the counsel for
the Nichols Government that the
act, so far as it interposes the Re-
turning Board, exercising these pow
ers Of exclusion, between the Parish
of Registration, with his
consolidated returns, and the Secre-
tary of State, is, when applied to the
election of members of tho General
Assembly, of Governor and of Lieu
tenant Governor, a plain violation
of the Constitution of Louisiana,
which says the returns Of all cleo
tions for members of the General
shall be made To the Sec
retary of State, and in reference to
the Governor and Lieutenant Gov
ernor, that the returns of every cleo
tion shall be sealed up and trans
mitted by the proper returning Off
GERS to the Secretary of State, who
shall deliver them to the Speaker of
the House of Representatives. On
the other hand, it is insisted by the
counsel for the Packard Govern
ment, that the Legislature has pow
er to create this Returning Board
and give it the authority with which
the act clothes it. 1t is also claimed
by them that the constitutionality
of the act has been settled by the
Supreme Court of the State; but
the Nichols party denied that the
question was decided by the Su-
preme Court IN a manner that could
be considered authoritative. 1t
should be further stated that it is
not claimed ty the counsel for the
government that the Leg
islature could not create a Return
ing Board and clothe it with these
powers in regard to the appoint
ment of Presidential Electors, since
the provisions of the State Consti-
tuition on which they rely, relate
only to the election of members of
the Legislature, of Governor and
Governor. We quote
the following sentences from one of
their printed arguments: Indeed
as to Presidential Electors, the
mode of their appointment is by the
of the United States
left to the discretion of the Legisla
ture. Therefore, the General As
sembly of Louisiana might create
any tribunal whatever and confde
10 it the appointment of Electors
for President and Vice President,
and it may properly authorize such !
a tribunal in the case of an election |
of Presidential Electors by the peo-
pie 70 count the votes and decide |
and declare who were entitled to |
she Electoral College," AS matters
stood on our arrival here, the legal |
title of the respective claimants to
,he office of Governor depended on
,he question we have stated. There
vas no judicial tribunal, acknowl-
edged to be authoritative by both
parties, by which it could be solved |
ior the answer already given. The
)nly hope of a practical solution
vas by the union of so many mem
Ders of the rival Legislatures as
would make a Legislature with
quorum in both the
Senate and House of members
yhose title to their seats is valid