LOUISIANA. 



487 



vember, addressed a formal request to the vis- 

 iting lu'publirans, that "in view of the un- 

 happy controversies which have heretofore 

 arisi-n from the action of the Reluming Board 

 of tlio State where its action oould not in any 

 count change the result of a presidential elec- 

 tion, and in view of the desire of all good men 

 th it otr'ect should be given to the will of the 

 majority as lawfully expressed, they would 

 meet and confer with them [the Democrats] 



Sersonally or through committees, as may be 

 eemed most wise, in order that such influence 

 as we possess may be exerted in behalf of such 

 a canvass of the votes actually cast as by its 

 fairness and impartiality shall command the 

 respect and acquiescence of the American peo- 

 ple of all parties." 



A reply of considerable length was made on 

 the 16th, in which the Republicans heartily 

 concurred in the " earnest desire for a perfectly 

 honest and just declaration of the results of 

 the recent election ; " but stated that they 

 knew of no reason to doubt that such a dec- 

 laration would be made, and did not see the 

 "propriety or utility of a conference." They 

 were there as private citizens, with no power 

 to modify the laws of the State or control its 

 officers, and were unwilling to interfere. They 

 quoted the law of the State as to the powers 

 of the Returning Board, and argued that it 

 was not desirable to interfere with the judicial 

 functions of that body, or to reduce their ac- 

 tion to a mere clerical count of the votes as 

 cast. To this reply the Democrats made a 

 rejoinder, expressing their regret that their 

 eft'orts at a conference were not met in the 

 spirit in which they were made, disclaiming 

 any desire to interfere with the legal perform- 

 ance of the duties of the Returning Board, 

 and declaring that their only wish was that 

 the joint influence of the visiting committees 

 might be used to secure a perfectly fair count. 

 The law provided that the returning officers 

 "for all elections in the State" should consist 

 of five persons, " to be elected by the Senate 

 from all political parties." Their powers were 

 defined in the following section of the act of 

 1874: 



SECTION 8. That in such canvass and compilation 

 the returning officers shall observe the following 

 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 elec- 

 tion. Whenever, from any poll or voting-place, 

 there shall be received the statement of any Super- 

 visor of Registration or Commissioner of Election, 

 in form as required by section 26 of this act, on 

 affidavit of three or more citizens, of any riot, tu- 

 mult, acts of violence, intimidation, armed disturb- 

 ance, bribery, or corrupt influences which prevented 

 or tended to prevent a fair, free, and peaceable vote 

 of all qualified electors entitled to vote at such poll 

 or voting-place, such returning officers shall not 

 canvass, count, or compile the statements of votes 

 from such poll or voting-place until the statements 

 from all other polls or voting-places shall have been 

 tanvassed ana compiled. The returning officers 

 shall then proceed to investigate the statements of 

 riot, tumult, acts of violence, intimidation, armed 



disturbance, bribery, or corrupt influence* at any 

 such poll or voting-place ; and if, from the evidence 

 of ouch statement, they shall be convinced that isuch 

 riot, tumult, acts of violence, intimidation, armed 

 disturbance, bribery, or corrupt influences did not 

 materially interfere with the purity and freedom of 

 the election at such poll or voting-place, or did not 

 prevent a sufficient number of qualified voters thereat 

 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 polling-place with those previously can- 

 vassed and compiled: but, if the said returning offi- 

 cers 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 

 Bend for persons and papers. If after such examina- 

 tion the said returning officers shall be convinced 

 that said riot, tumult, acts of violence, intimidation, 

 armed disturbance, bribery, or corrupt influences 

 did materially interfere with the purity and freedom 

 of the election at such poll or voting-place, or did 

 prevent a sufficient number of the qualified electors 

 thereat from registering and voting to materially 

 change the result of the election, then the said re- 

 turning officers shall not canvass or compile the 

 statement of the votes of such poll or voting-place, 

 but shall exclude it from their returns : Providtd, 

 That any person interested in said election, by reason 

 of being a candidate for office, shall be allowed a 

 hearing before sai'd returning officers upon making 

 application within the time allowed for the forward- 

 ing of the returns of said election. 



Section 26, referred to, is as follows : 



SEC. 26. That in any parish^ precinct, ward ? city, 

 or town, in which dunng the time of registration or 

 revision of registration, or on any day of election, 

 there shall be any riot, tumult, acts of violence, 

 intimidation and disturbance, bribery or corrupt 

 influences at any place within said parish, or at or 

 near any poll or voting-place, or place of registra- 

 tion, or revision of registration, which riot, tumult, 

 acts of violencej intimidation and disturbance, bri- 

 bery or corrupt influences, shall prevent, or tend to 

 prevent, a fair, free, peaceable, and full vote of all 

 the qualified electors of said parish, precinct, ward, 

 city, or town, it shall be the duty or the Commis- 

 sioners of Election, if such rict, tumult, acts of 

 violencej intimidation and disturbance, bribery, or 

 corrupt influences occur on the day of election, or 

 of the supervision of registration of the parish, if 

 they occur during the time of registration or revi- 

 sion of registration, to make in duplicate, and under 

 oath, a clear and full statement of all the facts relat- 

 ing thereto, and of the effect produced by such riot, 

 tumult, acts of violence, intimidation and disturb- 

 ance, bribery or corrupt influences in preventing a 

 fair, free, and peaceable and full registration or elec- 

 tion, and of the number of qualified electors de- 

 terred by such riots, tumult, acts of violence, intimi- 

 dation and disturbance, bribery or corrupt influences 

 from registering or voting, which statement shall 

 also be corroborated under oath by three respectable 

 citizens, qualified electors of the parish. When 

 such statement is made by a Commissioner of Elec- 

 tion or a Supervisor of Registration, he shall for- 

 ward it in duplicate to the Supervisor of Registration 

 of the parish (if in the city of New Orleans to the 

 Secretary of State), one copy of which, if made to 

 the Supervisor of Registration, shall be forwarded 

 by him to the returning officers provided for by 

 section 2 of this act, when he 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, or some adhesive substance, that the 

 same can be kept together, and the other copy the 

 Supervisor of Registration shall deliver to the Clerk 

 of the Court of his parish for the use of the District 

 Attorney. 



