Year: 1876

yeI Is iuauequate, Tor 1t does not provide for


the admission Of votes which would have


been cast except for intimidation. In il


lustratlon 1t refers to the five bulI-dozcd
| parishes OF this year, where there are 5. .134


white and l3, PA colored voters, and where,


by intimidation, such remarkable results


were effected by keeping from the polls
RepublIcan voters. 1t says the fact of the


imperfections of the law should constantly


be borne in mind, as it will reveal the pro


prlety Of what the Returning Board did.


1t goes on to say:


POWERS OF THE BOARD.


The statute under which this board acts


is so framed as to prohibit the rejection of


votes cast at any poll or voting place unless


certain solemn formalities are first complied


with, which must be supplemented by the


testimony OF witnesses. The statute or
ganlzing the board declared, in substance,


that whenever from any poll or voting place
there shall be received by the board the
statement of any supervisors of registration
or commissioner of election, confirmed by
the afhdavits of three or more citizens, of
any riot, tumult, acts of violence, intimida-
ton, armed disturbance, bribery, or cor
rupt infences which prevent, or tend to
prevent, fair, free andpeaceabe vote of
all qualified citizens entitled no vote at such
polls, the board shall proceed to investigate
the facts and if from such statements and
afhdavits they shall be convinced that such
causes did not materially interfere with the
purity and freedom of such election, or pre-
vent a sufficient number Of qualified voters
from voting to materially change the result of
the election, then such vote shall be canvassed
and compiled ;butif they are not thus fully
convinced it shall be their duty to examine
further test; mony in regard thereto, and
to that end shall have power to send for
persons and if after examination, the board
shall be convinced that such acts of violence,
intimidation, &C., did materially interfere
with the purity and freedom of the election
at such poll, or did prevent a sufficient
number Of qualified voters, from register
ing or voting, to materially change the re-
suit of the election, then the board shall
not canvass or compile the votes of such
poll, but shall exclude it from their returns


Nothing can be more simple, more just
than these provisions. They are, for the
reason before stated, inadequate to secure
the administration of complete remedy,
for it may be fairly said that if, by reason
of violence and intimidation committed in
the interest, of one political party, the ad-
herents of another are restrained from vot-
ing through fear, an equitable remedy, if
practicable, for the outrage would be to
count in favor of the injured every vote
they lost. The ascertainment of this being,
however, difficult, the statute of Louisiana
has provided only for the rejection of votes,
and it is worthy of remark that the most
fragrant cases submitted to the board,
as proven, have occurred in parishes where
the Republican registered vote, which would
undoubtedly have been cast but for the in
timidation and violence, largely exceeded
the registered vote of the Democratic party.


We have thus alluded to some Of the
causes which led to the creation of this
board, and have also called attention to its
duties and the proof upon which it is au-
thorized to act. 1t is tribunal establish
cd by the laws of Louisiana entirely indie
pendent Of the laws of any other State, or
of the United States. 1t is empowered,
among other things, to canvass and finally
determine the number of votes legally cast
for electors for President and Vice-Presi-
dent of the United States but in the dis
charge of that duty it acts exclusively un-
der the laws of the State =


THE BOARD WORTHY OF CONFIDENCE.


1t became our duty Immediately on ar
irving in New Orleans to thoroughly un-
derstand the constitutional powers and
duties of this board, and to examine with
care the statutes under which it was bound
to act, and enough had been written to
show that a tribunal charged with such
powers, the members of which were origi-
ginally appointed by the Senate, is entitled
to the respect of all citizens until it shall
be forfeited by violation of its judicial or
ministerial obligations. The great national
importance of the duties to be performed
by the board invested each member with
much intest, and as many reports have been
circulated concerning them, We were led to
make some inquiry as to their individual
history.


Two of them, the Hon. James Madison
Wells, President OF the Board, and Gen.
Thomas G. Anderson, next senior member,
are Southern born and of old and highly
respectable families. The father of the
former was the Hon. Levi Wells of the
Parish of Rapids, who, in 1912, represen-
ted it in the convention called to frame the
Constitution of the State of Louisiana. The
son received liberal education, and was
early engaged in the care of the planting
and other interests of his father. He was
a Union man from the time the War broke
out, and although he suffered greatly by it
in the loss Of property, he never faltered in
his devotion to the Union cause. Under
the Banks reconstruction scheme, he was
chosen Lieutenant Governor on the ticket
with the Hon. Michael Hahn, who was elee-
ted Governor, and upon the election of the
latter to the Senate year or two after Mr.
Wells became Governor of the State, to