LOUISIANA. 



The Returning Board, which was chosen in 

 1873, consisted of J. Madison Wells, United 

 States Naval Officer at the port of New Or- 

 leans ; T. C. Anderson, who had been a candi- 

 date for the State Senate in the canvass ; L. 

 M. Kenner, and G. Casanave, colored; and 

 Oscar Arroyo, who was the only Democratic 

 member. The returning officers were required 

 to meet within ten days after the close of the 

 election and compile the returns, and were 

 authorized to fill any vacancy in their own 

 number. Immediately after the election Mr. 

 Arroyo resigned, and the chairman of the 

 Democratic State Central Committee, on the 

 10th of November, appealed to Governor Kel- 

 logg to cause the Returning Board to be re- 

 modeled and so constituted that no one would 

 hesitate to accept its decision as final. He said 

 that the law contemplated a fair representation 

 of the political parties, and claimed that there 

 should be at least two Democratic members, 

 and that one-half the clerks should be Demo- 

 crats. No answer was given to this commu- 

 nication by the Governor; and on the 16th a 

 copy of it was sent to the returning officers 

 themselves, with resolutions of the Democratic 

 State Central Committee, claiming as a matter 

 of right that the " Democratic Conservative 

 party " be represented in the board by two 

 members and a fair proportion of the clerks. 

 No reply being received, a formal request was 

 made on the following day that Dr. Hugh 

 Kennedy be chosen to till the vacancy caused 

 by the resignation of Mr. Arroyo. No atten- 

 tion was paid to this ; and it was renewed on 

 the 21st, and again on the 22d, without effect. 



The four members of the Returning Board 

 had met in New Orleans on the 16th, taken 

 the oath of office, and organized by choosing 

 Mr. Wells chairman. The Republican State 

 Central Committee had designated H. C. War- 

 moth, Alfred Bourges, Henry Demas, A. J. 

 Dumont, M. A. Southworth, and P. B. S. 

 Pinchback, to conduct the case of the Repub- 

 lican candidates ; and Colonel F. C. Zacharie, 

 Fergus Fuselier, William R. Whittaker, and 

 others, acted as counsel on behalf of the Demo- 

 crats, Colonel Zacharie being also chairman of 

 a Democratic Committee on Returns and Elec- 

 tions. The first session of the Returning 

 Board, after organization was effected, was on 

 the 18th. A preamble and resolution were 

 adopted expressing satisfaction that " distin- 

 guished gentlemen of national reputation from 

 other States, some at the request of the Presi- 

 dent of the United States, and some at the re- 

 quest of the National Executive Committee of 

 the Democratic party," were in the city to 

 witness the proceedings of the board, and in- 

 viting five from each of the two bodies named 

 to be present at the meetings. The same day 

 a protest and plea were received from the Dem- 

 ocratic counsel, objecting that the law under 

 which the board was acting was unconstitu- 

 tional, because it placed it in the power of a 

 self-perpetuating body to determine the gov- 



ernment of the State, and conferred judicial 

 powers outside of the judiciary ; that, even if 

 the law were constitutional, the board was not 

 properly constituted, having only four mem- 

 bers, and all of one political party ; that in any 

 case it had no jurisdiction over the canvass of 

 votes for presidential electors ; and, finally, 

 that two of the Republican candidates for elec- 

 tors were ineligible. On the 20th the rules of 

 the board were adopted. By these it was 

 provided that the returns, regarding which 

 there was no contest, should be canvassed first; 

 that in the contested cases all motions and 

 arguments should be in writing ; and that the 

 board might go into secret session in consider- 

 ing motions, arguments, and propositions. The 

 rules relating to evidence were as follows : 



8. When any candidate, or his attorney, or oth- 

 er person authorized to do so, shall present a wit- 

 ness before the returning officers, he shall present 

 interrogatories to be propounded to such witness, 

 which lie shall have previously submitted to his op- 

 ponent, to be crossed at least twenty-four hours, un- 

 less such time be named or the cross-interrogatories 

 put before the expiration of that time. In the ex- 

 amination of witnesses the returning officers may 

 interrogate witness beyond the interrogatories when 

 they think it necessary, but neither the candidates 

 nor their attorneys shall examine the witnesses be- 

 fore the returning officers except as above provided. 



9. No ex-parte affidavits or statements shall be 

 received in evidence except as a basis to show that 

 such fraud, intimidation, or other illegal practice, 

 had at some poll, requires investigation ; but the re- 

 turns and affidavits authorized by law made by offi- 

 cers of election, or in verification of statements as 

 required by law, shall be received in evidence at 

 pnma facie. 



10. That the evidence for each contested poll in 

 any parish, when concluded, shall be laid aside until 

 all the evidence is in from all the contested polls in 

 the several parishes where there may be contests, 

 and after the evidence is all in the returning officers 

 will decide the several contests in secret session; 

 the parties or their attorneys to be allowed to sub- 

 mit nriefs or written arguments up to the time fixed 

 for the returning officers going into secret session, 

 after which no additional argument to be received 

 unless by special consent. 



An amendment proposed by one of the 

 counsel, that all proceedings be in open session, 

 was rejected. The protest of Democratic coun- 

 sel already mentioned was then overruled, the 

 following conclusions being announced : 



To the first objection, that the act creating the 

 board has the effect of "creating a government not 

 republican in form or character," it seems to us to be 

 a political question that can only be decided by the 

 Congress of the United States. 



To the second objection, that this board is vested 

 with judicial power, which is in violation of the con- 

 stitution : This board is not a court, but a commis- 

 sion appointed by the Legislature with special and 

 limited powers it has no jurisdiction to decide con- 

 stitutional questions, such as are presented in this 

 protest. If this board be an unconstitutional body, 

 the courts having jurisdiction to pass on this ques- 

 tion are open to any person having the right to con- 

 test it. 



To the third objection, that this board is not 

 legally constituted:' The act creating this board pro- 

 vides for the original organization, and it was orig- 

 inally organized as the law directed ; all political 

 parties at that time organized or recognized were 





