Year: 1876

| eously with their returus, and in the very l form set forth by section 26 of the act in question. Challenging the votes of whole cities and parishes by unofficial persons, even though they are candidates, is startling and lawless innovation.

 No outside protest can be entertained; because even supervisors statement" can receive no consideration by the board but must be wholly disregarded, unless made at time and in manner which no outside party could possibly comply with. His statement" tor that of his subordi- nate commissioner) must form an inte. gral part of his return and official report: it cannot be made up at different time and place from the return, to which the law requires it to be attached "by paste, wax or some other adhesive" and du- plicate thereto must be lodged by him with the clerk of the court of his parish;; 1t must be made under oath; sit mutt be a clear and full statement of aH the facts and of the effect produced thereby" Such statement, so annexed, and sent by mail, IS the only kind of statement the board can notice at all so as to institute an inquiry into intimidation, &c The in- tent of the law is plain and indisputable, that all the supervisors should be engag- ed simultaneously in their several parish es in completing their returns and state ments on the spot where the election was held. without communication with each other or with persons beyond the parish, and before they can obtain information of what has been done in other parishes or of the general result.

 And the reason for these minute, man. datory and imperativeprovisions is equal ly obvious. It was precisely to shut out from consideration by the Returning Board all such co post .fHcto complaints as have been trumped up and illegally; thrust in here at the last moment by Mir. Kellogg, MT. Packard, MT. Brewster, and even by some of the supervisors them selves. The law has not been complied

 with; most of the supervisors who have put in complaints have not written them at the proper time and in the proper par- ish; they have not annexed them to their returns, sealed and sent them by mail; they have brought down their returns to this city with no statement SO annexed, but have patched up statements here at an improper time and in an improper place. They could fulfill their duties 0c. cordi'lg to lG,O by finishing their returns, attached statements and all, and mailing them. sealed up in one envelope, at one | of their parish post-ofices, within the time required by law.

 It is appalling to think that statements thus made contrary to law-after the re- suit of the election through the State was known with approximate accuracy; made as an afterthought by disappointed can- didates and their friends with an evident view to cast drag net of suspicion over parishes enough to reverse the emphatic verdict of the people; made, too, at so late day and at so great distance from many of the parishes struck at that it is impossible to have any fair investigation should receive consideration.

 Commenting upon the foregoing pro- visions of the Louisiana statute, Messrs. George F. Hoar, w. A. Wheeler and W. P.Frye in their report made February g, 1875, said: "Upon this statute we are all clearly of opinlon that the Returning Board has no right to do any thing except to canvass and compile the returns which were law I fully made to them by local officers, ex- cept in cases where they were accompan- i jed by the certificates of the Supervisor or l Commissioner provided in the third sec. ton. In such cases the last sentence of that section shows that it was expected that they would ordinarily exercise the grave and delicate duty of Investigating charges of riot, tumuit, bribery or cor raptiOn on a hearing of the parties inter- ested in the office. It never could have been meant that this board, of it's own motion, sitting in New Orleans, ut a dis tance from the place of voting, and with out notice, could decide the right of per sons claiming to be elected y

 "There is no more dangerous form of self-delusion than that which induces men in high places of public trust to vio- late law, to redress or prevent what they deem public wrongs"

 These references to the report of the Congressional committee upon the action of this same Retiring Board in 1874, and It's construction of the statute, are made that the public may know how this board and it's rulings were regarded by promi- nent gentlemen, one of them a candidate | for Vice-President at the recent election, 1 at time when its decision did not affect Presidential election.

 We regark it as indisputable that the Returning Board has no jurisdiction to in- cuire into and reject the returns from any voting place in the State on account of in- timidation, acts of violence or other cause mentioned in the statute, unless the foun- dation for such inquiry and rejection is laid at the time and in the mannersprovi- ded in the statute.

 In no case did the Supervisor of Regis. tration deliver to the Clerk of the Court of his parish, as required by section 26, a duplicate statement made and sworn to by the Commissioners of Election, and corroborated by three citizens, of any riot, tumult, acts of violence, intimida- tion and disturbance, bribery or corrupt influences, and of the facts relating there- to, occurring on the day of election, nor any like statement of his own that any such acts occurred during the time of reg istration or the revision of registration, When the returns were opened by the Returning Board such statements were found among the papers in few instan. ces, but not in relation to the parishes of either Ouachita, Morehouse, East Baton Rouge, East or West Feliciana, and such were the manifest efforts OH the part of the officers of election to conceal their acts and confuse and mislead persons in. terested in proper investigation of the facts relating to the election, that it was impossible to determine whether any such statements had been made by the Commissioners of Election or the Super visor of Registration. and attached to the returns of the supervisor in any parish in the State at the time and in the manner required by sections 26 ane 43.

 This fact leaves the Returning Board without jurisdiction to inquire into acts of violence. &c., at the election or during registration, and with DO other dnty fo perform except to canvass and compile the votes returned, as the returning officers of any other State woulI do, and as the re- turns opened by them show majority for the Tilden electors, it ought to be an end of all controversy on the subject. But as the board, in the face of these facts, has come to the extraordinary conclusion to declare that the Hayes electors have ma jority, it is proper to look further into it's action.

 The first meeting of the board attended by us was held November 20, at which an application in behalf of the candidates on the Democratic Conservative ticket, that