Indiana State Sentinel, Volume 26, Number 17, Indianapolis, Marion County, 13 December 1876 — Page 4

9

TILE IXJ)IAXA STATE SENTINEL, WEDNESDAY MCXRXIXG, DECEMBER 13, 187G.

V K I N Ks: DAY, IK T.ML'IIIi 13.

Tin: om:-o. un In the debate mn the Oregon question last Thursday, Senator Morton said 'that a cay f.il imt be found w here a minority candi4 date 1 iw leeii elected on account of the ' i-ieligibilirv of th person receiving a majority of the vote-e:ist. J'he con4 -duct of the governor of Oregon could find no jutiiVation in laws, in morals or in the 4 testimony of the people of the United Mates1 This r-ckless aertion i- completely met and overcome by the decisions of our own supreuK- court. In fiuliek ami "Wallace were the opposing candidates for sheritT of Manon county. Wallace mcivcvl a majority of the, voies c.it; but was ineligible because at the time of the election he held a judical olliee, ami the constitution of the state -made him ineligible to any executive ofii:- during his judicial term. (Julkk claimed the ofiice, although lie was the minority candidate; and it was decided in hi"! favor. See 1 1 Ind. Kep. Kl. The supreme court el?s its decision in that case as follows; Walhice, then, at the time he was voted for for sheritl", was ineligible. The ieopie knew it. The vun cat for him were ihrown away, and "ulick was i'leetefl and ha since the election lieen dc jur;l lc-vd, sheriff of Marion rMinty. The same decision is made in Caron vs. Mt-Phetridge (15 Ind., o'JT). In I'ric vs. Kaker(lr Ind., Ö77) the .supreme court uses the. following language: "It Is a principle of law well settled in this date, that wher: a majority of the ballots ut nil election are gfven to a candidate who is not eligible to the ottice, the ballots so east are not to be counted for any purpose. They can not be counted to elect the Ineligible candidate, or to defeat the election of an opposing candidate by showing that he did not receive a majority I the votes east at such election. Tliey arc regarded as Illegal, and as having no e fleet upon the election lor any purjose. As a consequence, it follows that the candidate who is eligible, having the highest nunilier of legal votes, though that number may 1 less than the number of votes cast for the ineligible nndidate. and less than a majority of all the votes casual such election, is entitled .to tlie otllce. The last mentioned case was decided hy the present Wnch, an I the effect of the decision was to defeat tlie claim of a democrat and to continue a republican in oflice. Ve might aid to these cases from our own courts. The governor of Oregon is completely sustained in his action by our supreme court. The election laws are local to the several state?. What may he the tiled of votes cast for an ineligible- candidate must depend upon the decision of the courts or executive of the state. In the states where th counts or executive hold that such votes are not to he counted for any purpose, that is the law, and the eligible candidate Ls elected, although ho may receive less than a majority. The decision of the governor of Orejron npon this question of local law ran not be reversed or disregarded. TIIE RADICAL. -AB.1I.-A DILEMMA. As long as they can find any form of law without putting themselves to too much trouble to protect them in their deviltry, the radical leaders observe it. It they intend any rascality they will tili endeavor to. follow 'within its shadow at least. But at the same time, if it be necessary to perpetuate tbetr (power, or to cover up any atrocities 'r extraordinary piece of seoundrclis, we solemnly believe, after having arefully studied their movements, tht neither law, constitution uor patriotism would deter them aa instant jue-r they had made up their minds what to v. As an illustration, we understand that i'rant said last week he didn't ''care a damn or the supreme court." We K lieve this is tbe real sentiment of the party when law or -courts stund in its way. We allude to the irnduential chiefs of the radical party, and we seriously warn the people of the coia-ntry to beware of them. Tliey mean -.jewehief. At i resent they are in a dilemma. (JliiJyWis on one side and Scylla on the otXer. ThereTs-cjear,unmitakahIe proposition that they areutnwonf os at iea.-t nearly , and that is to countMves in at ali irfuzardr!. Some think, that he wirtaccept the presidency under such tainted ircuisiataneea. We believe lie will take it under any circumstances. We base our opinion upon his action at the time he received tbe nomination for governor of Ohio. He stated most positively he would not be a candidate against Mr. Taft. He violated his word. Let his admirers dare to disprove it if they en. With all the charges against Mr. Hideo, none had ho scurvy a texture as this. Therefore we say, in view of this uncontradicted bit of bad faith, that the radical candidate will take the presidency tendered him, secured by fair means or foul. Morton is theCataline of thecn.pir-wy; he thought at. one time that perhaps tiherman would stand out against Item ,but it seems they have tempted him with the presidency of the senate, and this may po-ibljr mean the presidency of vtbe United States, hence they have lulled Siim to sleep. Senator Christiancr. with his independent surroundings and antecdents, Vi':V.td a little, but they luce, 'do-ted'' him wi'.h something also. Conkling has been stv-ngely retioent almost during tle entire , raUjpaign, with tle exceptioa of an utter- . tuioe at Ctica, and tliatwas m w ild, tliat altbo'tth strong and pointed, yet it was like a motLcr's nursery lullaby compared with the , ild bloody thirt nirieks of Morton jand'Ban Harrin, IUaine or Ilob IngersoU, o th wthere is a probability that lie may jrocJl3 Cicero of the senate, outside of iour .n"ii.!e conservative leaders." To go bue'i a little, we say these radical lcspexadofci are in a en-ait a dilemma. WLea tjifl iTeturning board rascality was binx ex IM1 d to the eyes of the whole world, iheyigan to apprehend instantly direful eonseffwnreslf the resultsof the returning boards would Ih questioned; therefore, instantly thi? cue wps given: Hands ofT, all! There is no ajj eal from the returning board. No matter if they sponge out

ten or twenty thousand democratic majority and declare in favor of the Hayes electors, and so certify p the M-nate anl bouse at WVhinpton, there ii no jroin; b h;nd this declaration; there iiut In in jutin raided; we must accept the vrdVt. This was the josition f these radical leaders. They had the reUirninir boards all "lixed,"' and they felt secure. l!ut alut . this time the governor of Oregon made up his mind that he could not, according to the laws of his state, certify to the election of Mr. Watts, as he was ineligible on the day of the presidential election.nhen he was voted fr,consequently he gave his opponent, Mr.Cmnin, the certificate of election as one of the electors. T-is gives Mr. Tilden a majority of one vote in the electoral college a b"na jhl- ft'unn fiivle majority. This, then, apparently checkmates the radical convpiru y, and furnishes the dilemma for them to get rid of. It looks as if this ought toblock their game. Not a bit of it. Now they prooso to insist upon the president of the senate not only to open the votes (and that is all the constitution emiKNvers him to do', but to count them and declare the result, graciously allowing the house of representati es to sit quietly and look on. They propose when the president of the senate comes to the vote of rcgon, that he will open it and declare the state a unit for Hayes. Now they have "check" enough to call this the constitutional method, and they exp-ct to do this, and if the democrats in the house of representatives do not quietly acquiesce, the plot is to have r,rant send bayonets enough into congress to force them to acquiesce, as he did in South Carolina the other day with the legislature. We believe that the president if approached with a similar proposition at a time when he has leen fortifying himself with ''constitutional" law from a certain b!ai k bot tie, which late, frequent and unquestionable rumor says he consults often, then wc verily believe that there aro very serious and sorrowful times ahead for the American )cople. We draw the veil over the future here. It would seem that by this time radicalism had thoroughly di.-gusted the ration. This one fruit the radical returning loards ought to be suilieicnt to do s. Any system which upholds four or live scoundrels called a returning board, and allows them to annul and throw out 10,0") votes and substitute i,C0 or ö,00ö more, that virtually disfranchise thousands of American citizens and from whom there Is no appeal, is worthy of no honorable place or mention anywhere on Noil's green earth, unless it be among the wild, uncivilized tribes of central Africa, It is a .system worthy of hell itself. THE ERAXKLI IXM HAME i 05I-IAY.

The Insurance Critic, u journal devoted to th insurance interests of the country, in its November nnmlier, says: -'The Franklin '(fire) insurance comj'any of Indianapolis has '.been particularly fortunate during the past year, and is how reapingthe fnuts of sound Underwriting and conservative manage'ment." This compliment of the Critic to one of the favorite insUtutiormoX.our city is well deserved. -Th'erranklin entered, jhe insurance field at a time when there was rutich prejudice against Indiana insurance companies on account of the disreputable acts of several irresponsible concerns organized in this state. These companies, by dint of cheek aud persistency, .succeeded in deluding many jcrons into buying their policies, and when called upon to make, good their undertaki ngs were unable to do so. Unreflecting men in this state, and almost the entire public elsewhere, were deluded into, the belief by the doings of these disreputable concerns that an Indiana company was necessarily an irre sponsible one. They forgot that the Union insurance company and the Indianapolis insurance company, both of this city, the only two companies ever organized her that had any capital until the Franklin commenced business, jwiid every obligation they ever incurred and only retired from the insurance field when they found it unprofitable to occupy it. As before remarked, the Franklin W(J to encounter the prejudice engendered by the failures of the bogus Indiana companies, bubhas overcome it, and totay is doing a large and. profitable business. ' There are many fva-ons why the jeople of Indiana shotfld patronize and sustain the Franklin insurance company pf this city. It has sufficient capital tr insure the payment of its losses. It is prudently and safely managed, being under the control of a directory composed of thirteen of the leading business men of this city. Its otlicers are well known, and command the confidence of the public. The money it earns remains at home and goes to swell the aggregate wealth of the city and state, l'ersons dealing with it are assured of honorable treatment by the well known character of those who control it. It is the only Indianacompany doing an ageivy business, ami its agencies are carefully supervised by a competent special agent. There are two insurance coniTanies in this city so nearly alike in name as sometimes to create confusion i n the public mind. They are the Franklin insurance company and the Franklin life insurance company. The first of these companies tbe one of which we are sjeaking id a stock company and does a fire and marine business. other is a mutual copipany and does exclusively a life business. Mr. John C. Shoemaker is president of the Franklin, Mr. James K. Iiobertson vee president, and Mr. W. W. Woollen secretary. Its ofilce i in Its own building, at the corner of Market and Circle streets, which is one of the most beautiful and ubetantial structures in the city. It seens that Bret Harte's "Two Men of Sandy liar," which was printed in 0god's little classic seriex, will never le published. Mr. Itobson holds tüe copyright of the play, and he could not control tt abroad if printed. He demands that the edition be suppressed. When he paid f'J.OUO for the play be considered that it was his outright.

tOl'MKIi OIT IX I.Ol'M tX.t. The bH e Ila.yosi Kleetor tirtt 3. 137 .Mttjorily Tlie Full re Republican Stale mid I.egUlatlie Ticket Fleeted-The i:iilsile Satire of I lie Iral Document AiiiioiinrlitK I his Inramy. By Telegraph to the Associated Fres. Xkw Oki.kass. lee. .j. At .: !0p. in. to-Way thesecn tary of state jN-rsoiutlly served mi t;ov. Kclliir the following notification : State i.f I,unisiana, otllce of the secretary of sti.te; X v. w i o: i. i:a n s, I w c. .". 1, 1". I. It. sIon.le, secretary of state for the state of Louisiana, do ln-reby certify that the returning otlicers of the election, held in the snit state on the 7th day of November, A. 1. 176, hud returned to me, as secretary of state, accord in x to law, the following ihts.uis as duly elected electors of president" and vice president of lh b'nibd States for the täte of Ixuisiana at such lection, to-wlt: For Mate at large, William I. Kellogg aud Henri Burch. For districts First district Peter Joseph; Second t ist riet , IJonel A. Sheldon; Third district, Morris Marks; Fourth district, Aaron 15, 1.,evlsee ; Fifth district, Orlando H.Brewster; Sixth district, Oscar JofTrion. In testimony whereof I have hereunto signed my name and caused the seal of the state to be :tftixed this 'th day of December, A. 1. W'i, and of the tndepeiicenee of the United States the lnlst. (Signed I F. . lKsJNIK, s-cretary of state. Accoiupau) In this certificate was a slatement of tbe atrgregate voten for the presidential t lectors as certified to by the secretary of state, as follows: "The olttclal completed returns of an i li ctiou held in the state of liOuisiana on the 7th day of November A. I)., lVT'J, tinder a writ of election, dated Septenils-r 1!, A. I. ly"7ti, ordering the same, and pursuant to tho provisions of act No. lis, to resolute the conduct and maintain the freedom and purity of elections; toprcscrilethe mod" of making returns thereof to provide for the election of returningoJticcrsand tlie defining of their powers and dut ies; to prescribe the mode of cuiering on the rolls ofähe senate, and the house of representatives and' to enforce article h:5of the constitution approved Nov. I'D A. D., lS7i,tif-wit : The total votes east for tlie electors of president and vice president of tlie United Slates. William P. Kellogg, t large, 7 1, Iii. .T. Henri Burch, at large, 7",lL"7. Peter Joseph, First congressional district, 7 bt'li. Lionel A. Sheldon, Second congressional district, 71.0-T. Morris Marks, Third congressional district, 7blls. Aaron B. Ia Fourth congressional district. 7l,i'l. Orlando JI. Brewster, Fifth c mgressionn1. district, 71.117. Oscar Jotuiou, Si.xlh congressional district, 7l,7.i. John McF.nery, at lame, "M,.V"'. Bobert C. Wickline, at large, 70. IiOnlrfSt. Martin, First congressional district, "'VV-!. FeltX 1. JVoche, Second vingn'ssional district, 70,iVi. Alelbhide le Blaue, Third congressional district, 70i.;). W. A. Seay, Fourth congressional distriet7u,5i". K. O. Foljb, Fifth congressional district, 7i,K. A. (r".ss, Sixth coiiKriunii district, 7 t'KRTIKICATE. We, the nuti-rslgned returning otlicers, pursuuut to the authority vested in us by act No. US approved November 20, A. 1. 172, do hereby certify that the foregoing Is a true, correct compilation of statement of, the votes cast at an election for electors of the president and vice presldeut of the United States, held on the 7th day of Novemlx r, A. 1. ISTtl, under a writ of election promulgated September h, A. D. Is7(, ordering the name, and we hereby declare that tho fallowing persons were duly and Jawfully elected, to-wit: Wm. I'. Kellogg, J. Henri Burch, Peter Joseph, Iionel A. Sheldon, Morris Marks, Aaron B. Ijvisoe, Orlando II. Brewster, Oscar Jotlrion. The vote for governor and -lieutenant governor is a No returned to the scretary of state, the total being, f ir governor, S. B. Packanl, 7i,tL'l jiFranci T. Nicliolls, 71,1!; for lieutenant governor, C.C. Antoine, 74,ijo'; Ii. A. Wilt. 71.W5. Tlie clerks of the returning otlicers had not, up to midnight, completed their duplicate copies of the returns for promulgation In the official journal. It Is understood, however, that four republican congressmen, v iü., Parra'l in the Third district, . Smith in. the Fourth. Leonard In the Fifth, and Nash In the sixth have been returned elected, and Oibson, democrntTi tne FmsT,r.l1s,det,,mt4iitho Second The returni for all of thexe orllei, state and congressional, will be promulgate to-morrow.

The subjoined statement of the grounds acted upon has Iteen 'obtained the returning officers from .the eounscl of TIIEIK KXrUSK KOK THK SW1M.J.K. The returning Ixard of the state of Ixtuisiana claim, llrst, that under the provisions of the law they are the returning officers of all elections held in the said state; that -then are in law and in fact no rwturns of any election held in the said state until tirst examined, ninrawwl and compiled by them; that statements furnished by commissioners of elect ion Are simply statements of votes purported to have leeii east, and that until the fairness aud legality of the voting at that oll or precinct have been Kissed upon by the returning officers, no validity attaches to any such statement. 1 strict compliance with the laws of the United State and of this Htat, the returning officers of the state of Louisiana have proceedcsl to examine, canvass and compile the statements .of votes purported to have b.sn cast at the general election for president and vice president of the United States, held on the 7th day of November last. The votes purported to be cast in the parishes of Orant and East Feliciana have been ignored entirely iu the official canvass, in O rant parish not one form of law w as observed. There were no legal supervisors or commissioners of election) and votes taken was as informal as votes taken on a railroad train. In East Fellclau the returning officers were unable to find one poll" at which, from the evidence before them, they could certify that a full, free and fair electiou w as hud. In the parish of Kant Baton Rouge the returning officers canvassed and compiled the votes of three polls sltuab?d in the city of Eaton Rouge, where there was military protection afforded; also three other polls situated immediately on the river, where there was comparative Immunity from Intimidation. The evidence as to intimidation hy murder, hanging, whipping and other outrages as affecting the vote at the other polls was so conclusive that th-5 returning officers unanimously rejected the vote stated to have been cast at those polls. In the adjoining parish of West Feliciana, six tolls were rejee'ed on e luitlar conclusive c Hence, In the parish of

Ouachita eight pells wererej etc l,whilst in the city of Monroe, the parNh scat of that parish, the statements of otecust were aceep'ed Im can.' the Miters were measurably protect, si from violence by the presence of the United States troops. The Uni'.ed States deputy marshal in charge of the ballet box at one of th' rejeeti-d lls was shot, ajid we threw out the whole parish. Then- prevailed. sv ematie intimidation, munler and vlob nee towards one. class of oti rs, white os well us black, of Mich a

character as to have scarcely a parallel even iu the history of tills state. Iu the adjoining parish of Morehouse the stat nie nts of tie voters . reported to lie cast iu six 1 olls were rejc ?ted on similar evidence Polls were also rcjicsl In the parishes of IV Solo, Hosier, Franklin, Claiborne and Calcasieu, upon clear evidence of fraud not rebutted by evidence ofl'e.vd lie fore the returning officers. (signed) J. MAPlsoN A'ki.Ls. 1 Thomas O. Amh:inin,' i. 'ASO AVK. li I M. Kknnkk. I. s r ACT OK mi: Tilt: KKf K. The, ri publican electoral college, meets tomorrow. The democratic electors will also me t and cie-t their votes. They will, It is stated, obtain certificates from McF.nery, ' jurr governor. Tlie democrats claim that two of the republican electors are inellglblw, A. B. I isee iM-ing at the time of bin election United States commissioner, aiud O. II. Brewster Is tilg coinniissioiierof the land office. (OI XTI I) OIT IX SOI Til AlCOM... llamploii oil I'liewlny aikI Tilde 11 Wetliiesrfla.v haiaterlaiii Oeclnrcil i:iee(et by 3.IIII Majority Action of the , fiireine 4'onrl Hampton Mill IlobU Out. I By Telegraph to the Associated Pivss. f 'oi.u.MMA, S. '., Ihh-. "1. This morning tlie troops were, withdrawn fiom tlie loors mid entrances to the stale house and the places oi the sentinels supplied by siH'cial constables acting under the orders of Jovernor Chamberlain. A large number of jieelnl deputy Sergeant at arms were enrolle! and plaeill at the doors of the senate mid 'republican house. The troops are still retained in the state house for the pur 1 ose of protecting the governor. A sentim l paces the corridor in front of tJovernor ChamlM-rlain's office . The senate and house, in joint session, nnr thepa.s;ige of a concurrent resolut (on, met and canvassed the vote for governor aud lieutenant governor. The counties of I'direfleld, wjileh gave Hampton over majority, ami Iiurens which gave him over 1,11.1' majority, were previous! thrown out, when the democratic senators retiiisl from the hall. The returns were then canvassed, and Lieutenant Governor Uhaves and Sjeaklr Mackey declared ChaniiM-rlain clechsl by I vote and the two houses then adjourned. It is expected that Chamberlain will Is- inaugurated to-morrow. The Hampton house has been in session all day. Their action was unimportant except that they gained two more mcmlicrs from the Mackey house, making their inemlH-rshlp Hi holding certificates of the lioard of stte canvasseix Tt, including the Kdgefleld mid Laurens delegations who hold certificates of the supreme court. Wade Hampton SMke this evening, declaring that he Intended to le governor. In the supreme court an argument wif heard on the application for n niumUimus com jx-lling the secretary of etate to deliver, t br returns to Sjienkf-r Wallace, and ibe (-r were taken muter advisement The argument on ihe quo vnrronto proceedings, requiring the Hayes electors to show by what authority they cxerciso the functions of their office, wiilbe beard to-morrow morning." The electors meet to-morrow. l.ITT.It AUY XTKS. Mr. Aldrich is about tocolle.'tin a volume some of his later poems, Dom Pedro's book will probably be published in America in January. The Lev. Dr. Schaff is preparing a voluminous "llistory of the Christian Creeds." Mr. Quatty, whose great speech is rejHjrted in Scribner's Monthly for DecemlnT, is said to have given rise to the slang expression "hire a hall." A number of stories for marines, w ritten by F. Colburn Adams, author of the "Story of a Trooper," etc., have been collected in a little volume entitled " High Old Salts.'' The liritish aristocratic magazine, the Whitehall Ucview, w ill soon publish a series of portraits in tinted crayons of ladies best known in Knglish and continental society. The English editors are now guessing at the authorship of "Mercy Philbrick's Choice," and of the Academy gravitates between Oliver Wendell Holmes and Colonel lliggiiison. It is now announced that Tennyson's new poem is an historical drama entitled "Harold." James R. Osgood A Co., Boston, will issue it simultaneously with its publication in England. The Literary World says that Neil Forest's "Mice at Play" is a better story, and of the same kind, aa "Hellen's Babies," and the author of the latter admits the truth of the World's opinion. The "Iliad" is once more translated; this time by Mr. C. B. Caley. of England, in a meter of qualitative hexameter. It is already in print, and w ill be published immediately. M. Paul Soleillett, in bis "Avenir de la France en Afrique," narrating his travels in north Africa in 1872-71, Speculates upon the feasibility of building a railroad from Algeria to Timbuctoo and the fertilization of the Sahara by flooding it from the geau The translation of Autenrieth'a Homeric Dictionary, with additions and corrections by Robert 1 Keen, Ph. D., is to be republished immediately in England by Macmillan it Co.' This English version of the work is a credit to American scholarship, and it will lind as hearty a welcome, we doubt not, in English as American colleges. The Maryland historical society have published an edition of one hundred inr.iu .f ' the "Journal of Charles Carroll of Carrollton, on a Journey to Canada in 1776, accom panied by Benjamin Franklin, Samuel Chase and Archbishop Carroll, Commissioners from the Congress." This work is accompanied with full page portraits of the four commissioners, engraved on steel. Turnbull Brothers, Baltimore, w ill publish, early in December, "Edgar Allen Foe; a Memorial Volume," edited by Miss Sara S. Bice, who was chiefly instrumental in procuring, the erection of a monument at Baltimore. The book will contain a biographical sketch of the poet; reminiscences of his school-boy days, by one of his school-fellows; a full account of the ceremonies at the unveiling of his monument, with the addresses then delivered j Jac timil'u of letters received from eminent poets and authors; melnorial poems, etc. it will be illustrated with views of Ford ham cottage and . the monument, and, in especial, a photograph of the poet produced from a hitherto unknown daguerreotype taken just before hi? death.

THE ST0LK3T STATE.

How Louisiana Was Countotl for Hayes ami "Wheeler. THE DEMOCRATIC COMMITTEE Reveal the True Inwardness of the Returning Board Infamy in an Exhausted Report. a TiioKOK.it i:viosii;r Tin Mil wie Machinery of Ihe I'arUutsil Mol ImUI Oiten to the l'ublir Yletv. Tb. fotiowin' ia copy of the report made to Hit- d.'inoeratie national com nut I. h- r 1 1 g ntlenien w ho went to Louisiana in the interest ol ;i fair count: Nkw Orleans, Dr. ;, IsTii. To the Hon. Abrain s. Hewitt, Chairman Imuocralic National Committee: The ret urn ins loarl of Louisiana liHlmr this Way promulgated as the rwsult of the r cent elertion In that state, t hat t he Hayes ami Y heeler eandidatcs for electors received a majority of the totes, w-e, who, hr invitation. Matched the proceeding of the board in opening and eanvasln the returns till It vent into seeret session, deem It our duty to Uy before you und the public such facts connected with the election aud returns as will, we think, clenrlv show that the notion of the returning board iu proclaiming;- the election of the Huycs electors is arbitrary unfair and without warrant of law", and we adopt Jis applicable to this canvass the lam-uare of a report mad to the 1'nited States house of representatives in is;i bv ;.-oi-,'e K.I I oar. W. A. Wheeler and William I. Fry in regard to the canvass of 172, in which they fnyz "The so-called canvas madehytlje returning loard inlhe Interest of Kelloir seems to us to have no validitv, and is entitled to norcsiect whatever." W'chIso adopt the lanmiai-e of this same report ujon the condition of Louisiana in ls75: "In the state of liOuisiHiia there Is a governor in oflice who owes his seat to the interferenee of the national oveT, which has recognized his tili1 to his oflice. not by reason of any ascertainment of the facts by legal process, but has bas-l Its net ion solely on the Uleual order ol'u j ml ire." "In the same state there is a lezlsinture, one branch of which derives its authority part I v from the Käme order, the other ling organ !d by a majority who have ls-en established in lower by another interference of the national government, and which majority derives its title, not from any legal ascertain men' ofthe fa t.s, but from the certificates of a retumiuvr board, which has misconceived and exceeded Its legal authority." November is, isTii, before the returning tard commenced the canvass of the electoral vote, the candidates for electors on the dcuioq--a:ic ticket presemeda protest against its jurisdiction over the subject, or its canvass of the votes relating to the same. This protest was summarily overruled by the board, without ntlordingnn opportunity for argument. No legal proposition in our opinion Is clearer than that the board was mistaken as to its powers, and that it had nothing whatever to do with the electoral vote. The constitution of tin; I nited States declares: "Each state shall appoint In such manner as the legislature thep-of nuiydireet a number of electors, equal to the whole numler of senators and representnilve to which the state may be entitled, in the congress, but no senator or representative or erson holding an oflice of trust or profit under the 1'nited States shall be appointed an eleetor." T1IK STATE LAWS, The legislature of Ixmisiana lifts either direcied l lie manner in which the electors slmtl be appointed or it has not. The election law of 17".' and amendments ander which the retiirning iMtnrd is create! and acts, makes no provision as to the manner of appointing eleototsof nresidetit and vice president, whether by the legislature or by a vole of the people, nor v bei tier by th state m large or by congressional districts, nor does it contafn auv provisions as to the qualification ot electors, the place where they are to meet, nor for filling vacancies. Section 71 of that act declares as follows: " That the act shall take effect from and after its passage, and that all others on the subject of election laws be and the same are hereby repealed." This is hot an implied but a direct repeal of all prior election l.-iws to w hich it refers, and if it rejieals the previous act of lwiK, revised In 170, providing for tlie npjointment of presidential eiectors,it repeals the whole of it and all its provisions, and there is no law of the state onthat subject, and of course the board would have no jurisdiction to canvass votes for such officers. If, on the other hand, the act of 1S72 dos not repeal the law of ITU, then presidential electors must be appointed, and theeanvass ofthe votes therefor must le made in accordance with the law of IsTO, and the returning board has no jurisdiction over the subject, as will le se -li by re fere nee to some of the provisions of the act of 170, which are as follows: See. 2.s2I. Kvery qualified voter in the state shall vole for electors ns follows: Two )c nanus shall 1k selected from the state at large, and one person shall be choserrfrom each congressional district In this state; and in case any ticket shall contain two or more names of ersons residing In the same district i.exe pt tlie two from the state at largel, the tirst of such names only shall be considered as dulv voted for." Sec. No person shall be considered a qualified elector M ho is not a qualified voter in the district lor which he is chosen, or in case of leing selected for the state at large, then of some parish ofthe state." "See. 2,S2(5. Immediately after the receipt of a return from each parish, 'or on the fourth Monday of November, if the returns should not sooner arrive, the governor, in presence of the secret "ly of state, the attorney general, a district Judge ot the district in which the sent of government may be established, or any two of them, shall examine the returns and ascertain therefrom the persons who have Imh-ii duly elected electors." Sec. 2,K2"t. The electors shall m-et at-the seat of government on the day appointed for their meeting, by act of congress, the fina VVednesilay in December, and shall -then and there proceed to execute the duties and services enjoined upon them by the constitution of the l.'nltcd States, in the manner therein prescribed." "Sec. 2,k:0. If auy one or more of the electors chosen hy the people hall fail from any cause whatsoever to attend at the appointed place at the hour of 4 p. m.of the day prescrlled lor their meeting, it shall be the duty of the electors Immediately to proceed by ballot to till such vacancy or vacancies." It U Immaterial, so far" RsaffW-ts the Jurisdiction of the returning board, whether the act of 170, relating to the appointment of presidential electors, is repealed or not. If ir-ealed, there is no law in Louisiana for the appointment of presidential electors; if not repealed, then thecHuvas-s of the returns cast for such electors must be made by the governor, In the presence of the secretary of state, the attorney general, a judge of the district In which tbe seat of government may be established, or any two of them, as required by the act of 170, and in making such canvass they would be confined to an ascertainment of the persons elected, according to the returns, without authority to reject votes. In no event can the returning board have Jurisdiction ot the returns of 'electors of president and vice president and their canvass of the same is therefore a nullity and entitled to no respect from any one. In another aspect it may be Important to determine whether the act of 1S7U Is repealed, for If It Is, the statutes of the state provide no mode of filling vacancies in the electoral college, and it is understood that two of the ehsjtoral candidates on the republican ticket held offices of trust or profit under the L'nited States at the time of election, and could not therefore be appointed electors. oriier objections were made to the Jurisdiction of the returning board. That it wasantirepubliean ; that It was In conflict with the constitution of the state, in that it undertook to exercise Judicial functlojis.nnd in that with only four n.embera it was not legally constituted. The election law declares: "That five jhtsous, to be elected by the senate from all political parties, shall be the returning rticers for all elections in the state, a mtijority of whom shall constitute a quorum, and have power to make the returns of all elections. In case of any vacancy by death, resignation or otherwise, by either of the board, then the vaeaucy shall le filled by the residue of the board of returning officers." The present board consists of only four members, to-wit; J. Madison Wells, r. C. Anderson, U. Casanave aud Louis Kenner, one of

whom. T. C Anderson, was a candidate fr ihe Mate senate ut the rceeht clevtiou on lh- p -puhlicun ticket. All'.ire members of tin- reI'til.Hcaii party. They are tiie Mime iN-rrnns ia ho constituted the returni l board in l7t. and canvassed the election returns of that, jenr. and of whom a committee of the house of rcpres.-nt:Ui v.-s ol ihe t'nited smi.. -om-i-si of Messrs. Hoar. Wheeler. Krv. I'm I--, M.-trshall unci Porter, rftercarel ui examination oi its action, said: Ve are constrained k declare that the action ofthe returning hoAnl.on the whole, was arbitrary, uujust, and in our opinion Illegal." The vacancy In the board, occasioned bv the resignation of Oscar Arroyo, in Ivemt)ci'! 171, has never been filled. although re-teil applications by the representatives of the dcimt-cratic-conservative party of the -Tüte. sun', its candidates have been made to the IhuipI to nil toe same. The foregoing coniiuiuee of the bouse of representatives, comnit i-.ting on the failure of the loard to ti 1 the v;i, ancv in 17-1 when it occurred, aid: "Your coi'umiio-c think the law as to the constitution of the 1jip1 was not complied with." Ifthisxiew incorrect, the hoard is not so const uuied as to have authority to act at all. The entire clerical force a; fx irivsl bv the I m rd at its present session' to compile tlie vote- cast is also republican, and the lioard retused an application to appoint au clerk or lo allow uny m -rson of the opposit- part to be pu sent to witness the complication, and even excluded l 'nited States supervisors ot election U!i0er the act of congress. riwwoss or tub election laws. Tin law of Louisiana require nxitr:t i..n ot voters every two years by ofticrrs pjsitited by the governor of the state, th- registratiou to commence the last Monday -of August preceding the general election In NovciiiImt. The election law of the state contains tiie lollr.w ing provisions for conducting the election, makim-returns, etc , to-wit: Sn.'.-ti. tie it further enacted, etc.. that In any imrish, precinct, ward, city or town in which, during the time of registruTlou.or revision of registration, oranvdav of election, there shall be any riot, tumult, acts or violence, intimidation and dis urbaiice, biiU rv or corrupt. Influences at any place within said uiris'h, or at or near any -.oil or oiimr place, or place of registration or -reisinn f registration, which riot, tumult, acts of violence, intimidation and disturbance, bril-ry or corrupt influences shall prevent or tend to prevent a fair, free, peaceable and full vole of the qualified electors of said parish, pn-cinct. ward, city or town, it shall be toe dutv of the commissioners of election, if such riot 'tumult, acts of violence, intimidation and list urbance, hrltiery or corrupt influences oec iron the day of elect Ion, or of the suiervlsor of registration ofthe parish, if they occur during the time of registration, or revision of registration, to make in duplicate and under nut:, a clear and full slut, in nt of all the facts relating then to, and of the eff-ct produced bv such riot, tumult, acts of violence, 'intimidation and disturbance, bribery or corrupt influences in preveutinj a fair, Ire-, it-aeeable an4 full r: pistrat'.on or election, ami of ihe number of qualified ejector deterred by such riots, tumult, acts of violcne, intimidation and disturbance, hrils-rv or corrupt influences, from registering or votii.g: which statement shall also 1m- rroi.ornU-d under oath by three resjeetarle c'"Ien. qualified electors ofthe jtarisli. When Mich Ma:..incut is made by a commission r t election, r sti's-rvisor or registration, he shall forward it in duplicate to the supervisor f resist rati-n ofthe parish; if in tlie city of N v.- Orleans, to the secretary of state, one copy .f vhicb, if made to the supervise r" of registration, shall be forwarded by him to the returning officers provided for 'in section I wo of this act, when he makes the returns of election iu his parish. His copy of said statement shall be so annexed to hi- returns of eltction by pavfe, wax or some adhesive substance I hat the sj.me can be kept Viirel her. aud tic other copy the supervisors of lcscistraiiou shall deliver to the clerk of the court of his parish for the use of the district attorney. see. I::. lie it further enacted, etc.. Tnat It shall lie the duty of the commission, rs of elisMlon at each poll or voting place to k-ep . list of ihe names of the persons voting at such m11 or voting place, which list s'u.ll 1 numticred from one to the end; ai:d aid lisi of voters, with their names and nni-r as a ton said, shall Is sigtu'd and sworn to as correct by the commissioners immediately on closing ofthe kUsriu1 Ix-fore leaving the plact V'r,l Is-fore ojiening tlie lox. If no judge or justice ofthe s-ace, or other person authorized to admiu ist.-r such OHth Ih present to do so. it may I- administered by any voter. Th- vt.i. shall Is counted by the commissioners at each voting place immjHliatcly after closing the election, and without moving the boxes from the plans' where the votes were received, and the counting must be done in the presence of any bystander or citizen who may be present. Tally lists shall be kept of the count, and after the count the ballots counted shall lie put back Into the lx and preserved until after the next term of the criulnal or district court, as the case may be; and in the parishes, except Orleans, the commissioners of cl-s-tioii, or any one of them selected for that purose, shall carry the lxx and deliver it to the ci rk of the district court, who shall preserve tlie same as iittove requir'd, and in the parish of i irleans the box shall be delivered to ihe clerk ol the tirst district court for the parish ot Orleans, and be kept by him a above directed. Sec. 4.1. He It further enacted, etc.. That immediately upon the close of the polls oil the day of electi m, the commissioners of election at each ki11 or voting place shall procei t couut the votes, as provl-'.ed In s ctiou 11 of this oct, and after Ihcw shall have so c.out-l the voles, and made alist of the nr.me- of all Ihe iH'rsons vot"d for, and tlie number of votes received by each, the number of ballots contained In the box, and the number rejected and reason therefor, Iii plica tes of such lists shall ha made out, signed and sworn to bv the commissioners of election of ich pol and such duplicate lists shall be delivered, one to the siifiervisor of registnitkiü of. tbe trisfi. and one lo the clerk of the district court of the parish, aud in the parish of Orleans to the secrctaty of state by one or all of said commissioners in person, withMi twentv-four hours after the ei.mg of the polls. "It shall be the duty of the su-ervisop of registration, within twenty-:"onr hours after the receipt of all the return for the different polling places, to consolidate the returns to t-e certified as correct by thclerk oi the district court, andjiorward the consolidated returns, with the originals received by him. U the returning officers provided for In section two of this act, and said report and returns to be enclosed in an envelope of strong paper or cloth, securely sealed and forwarded by mail. He shall forward a copy of any statement us to violence or disturbance, bribery or corrUjstion, or other off-mscs specified in section tweuty-six of this act, if any there Is?, together with all memoranda and tally-lists used in making the count and statement of the vote. section 2 declares that: "Within tea Jays after the closing of the election said returning orJioers shall met in New Orle-ms to canvass and compile the statements of votes made by the commissioners of election, and make returns of the election to the secretary of state. They shall continue In session 'latil such returns have l)een compiled. The presiding oilieer shall at such meeting oten. In the presence of said returning ollioers, the statements of the commissioners of election, ami tin- said returning officers shall, from Kdd statements, canvass and compile the returns of the el.sjtton in duplicate; one copy of such returns thev shall tile in the office of the secretary of state, and of one copy they shall make publiu proclamation by printing In the official Journal and such other newspafiers as they may deem proper, declaring the iiujocs of all persons and officers voted for, the mini ler of votes for each person and the. names of the persons who have hee duly and lawfully elected. Tne returns of the elections thus made Hd promulgated sludl be prirmi facti evidence in all courts of Justice and before all civil officers, until set aside after a contest according to law, of the right of any person named therein to bold and exercise Ihe office to which he shall by such return Is declared elected. The governor shall, w ithin .TO days thereafter, issue commissions to all officers thus declared elacted, who are required by law to be commissioned. See. 3. lie it further resolved, etc That In such canvass and compilation the returnim; officers ..all observe the following order: Thev shall compile first ihe statements from all polls or voting places at which there shall have been a fair, free atod peaceable regis! ration and election. Whenever, from any ill or voting place, there shall be received the statement of any supervisor of rutlstratlon or commissioner of election, in form as required by section 211 of tills act, on the aitidadavits 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 peaceable vote of tall qualified electors entitle to vote at such s.ll or votlng place, such returning officers shall not canvass, count or compile, the statement of votes from such poll or voting plaoo until the statements iron- all other poll" or voting. places shall have be n canvas.ssj aud compUtd. The reluming olLccrs buull tlitu