Year: 1876




We present below those sections of the Lou.
Isiana election law which provide for the
canvassing of returns. Tke other Sec
tions establish the canvassing board and reg
ulate the time and manner of its sttings. 1t
will be seen by the sections quoted that the
question of intimidation or violence is one
that must be proved upon satisfactory evi.
denee submitted to the board before the vote
of any parish or precinct can be thrown out.
1t is not thing to be assumed without evil
dence, as the Democrats would have us be-
lieve. Members cannot reject returns at their
arbitrary will. They must be governed in
the matter by the rules of evidence, after
having heard the sworn testimony on both
sides of the case. If there be conclusive
proof that the election is fraudulent they have
no option in the matter, but must throw out
the vote. If the proof be wanting or INSULT
cient the vote must be counted, whether they
wish it or not.


That there have been great frauds perpe-
trated in Louisiana no fair-minded citizen
who has any information on the subject can
doubt, and no one will deny that the proof of
fraud at the polls is always very difficult to
obtain. So if evidence is brought showing
beyond a doubt that fraud or intimidation
has been practiced, it may be accepted as
conclusive, and people may rest assured that
even then the half is not told. The case will
not differ from an election investigation in
the North, where conclusive evidence of fraud
invalidates the return. No citizen can rea-
sonably ask that different procedure shall
hold in the South from that pract;ced in the
North.


The following are the sections referred to:


Sec. g. That in such canvass and compila-
ton the returning officers shall observe the fol-
lowing order. They shall compile first the
statements from all polls or voting-places at
which there shall have been a fair, free and
peaceable registration and election. Whenever
from any poll or voting-place there shall be re-
ceived the statement of any Supervisor of Reg
istration or Commissioner of Election 10, form
as required by Sec. % of this act on affidavit of
three or more citizens, of any riot, tumult, acts
of violence, intimidation, armed disturbance,
bribery or corrupt influences, which prevented,
or tended to prevent, a fair, free and peaceaole
vote OF all qualified electors entitled to vote at
such poll or voting place, such returning off
GERS shall not canvass, count or compile the
statements of votes from such poll or voting
place until the statements from all other polls
or votlng-places shall have been canvassed
and complied. The returning officers shall
then proceed to investigate the statements of
riot, tumult; acts of violence, intimidation,
armed disturbance, bribery, or corrupt influ-
ence at any such poll or voting place; and if,
from the evidence of such statement, they
shall be convinced that such riot, tumult acts
of violence, intimidation, armed disturbance,
bribery, or corrupt influences did not material
ly interfere with the purity and freedom of the
election at such poll or voting place, or did not
prevent sufficient number of qualified voters
theIeat from registering or voting to materially
change the result of the election, then and not
otherwise, said returning officers shall canvass
and compile the vote of such poll or voting place
with those previously canvassed and compiled,
but il the said returning officers shall not be
fully satisfied thereof, it shall be their duty to
examine further testimony in regard thereto,
and to this end they shall have power to send
for persons and papers, If, after such examin-
alton, the said returning officers shall be con
vinced that said riot, tumult, acts of violence,
iGtimidation, armed disturbance, bribery or
corrupt influence did materially interfere with
the purity and freedom of the election at such
poll or voting place, or did prevent sufficient
number of the qualified electors thereat from
registering or voting to materially change the
result of the election, then the said returning
officers shall lot canvass or complete the state
ment of the votes of such poll or voting place,
but shall exclude it from their returns; provided,
that any person interested in said election shall
be allowed hearing before said returning
office.s upon making application within the
time allowed for the forwarding of the returns
of said election.


Sec. 26. That in any parish, precinct ward,
city or town, in which during the time of regis
tration revision of registration, or on any day
OF election, there shall be any riot tumult acts
of violence, intimidation and disturbance brib
cry, or corrupt Influences at any place within
said parish, or at or near any poll or voting
place, or place of registration, or revision OF
registration, which riot, tumult, acts of vic
lence, intimidation and disturbance, bribery OIL
corrupt influences shall prevent or tend
to prevent, fair, Free peaceable and full
vote of all the qualified electors of said parish
precinct, ward city, or town, it shall be the
duty of the Commissioners of Election, if such
riot, tumut, acts of violence, intimidation and
disturbance, bribery, or corrupt influences oc-
cur on the day OF election, or of the supervision
of registration OF the parish, if they occur dur
ing the time of registration or revision of regis
| tration, to make in duplicate, and under oath
| clear and full statement of ell the facts relat
| ing thereto, and of the effect produced by sucl
| riot, tumult, acts of violence, intimidation ant
| disturbance, bribery or corrupt influences il
preventing fair, free, and peaceable and full
| registration or election, and of the number o
| qualified electors deferred by such riots, tn
| multi, acts of violence, intimidation and dis
| turbance, bribery or corrupt influences from
registering or voting, which statement shall al
so be corroborated under oath by three respect


able citizens, qualified electors of the parish
| When such statement is made by Commis
| sloner of Election or a Supervisor of Registra


ton of the parish (it in the City of New Orle
ans to the Secretary of State) one copy of whicl


if made to the Supervisor of Registration, shal


be forwarded by him to the returning officer
provided for by Sec. of this act, when h
| makes the returns of election in his parish
| His copy of said statement shall be so annexed


to his returns of elections by paste, wax, o


some adhesive substance, that the same can b


kept together, and the other copy the Supervis


or of Registration shall deliver to the Clerk o


the Court of his parish for the use of the Dis


trict Attorney.