Collin v. Knoblock

<p>Under tlie intrusion into office act, it does not appear that authority was conferred upon the courts to go beyond an investigation of the titles set up by the contestants for the office in controversy.</p> <p>A review of all the cases adjudicated by this court under the intrusion act will show, that, in every instance, not one will be found which depended for its solution upon the inquiry as to which of the contestants obtained the larger number of votes.</p> <p>Tho adjustment and compilation of election returns, determining tho number of legal and illegal votes cast for each candidate, declaring the result of an election and iurnishing the successful candidate with the proper certificate, in short superintending and controlling all the details of an election belong properly to the political department of the Government.</p> <p>It is only under tho statutory provision of 1835, that courts can proceed, in relation to parish offices, and through tho agency of juries, to supervise the counting of votes, correct calculations, purge the polls of illegal votes, ascertain and establish majorities. It is confined to cases where no commissions have issued.</p> <p>‘The subject matter of proceedings under the intrusion act is widely different from that or the statute of 183 >. In cases under the intrusion law, courts can not go beyond commissions legally issued.</p> <p>Ko authority is delegated to the judiciary under the intrusion act, to discuss, modify or abolish tho official returns of tho regular State returning officers. Such a right can not be assumed as an implied power.</p> <p>"With the character of laws as being odious, or entitled to favor, courts have not to deal.</p> <p>This court will take judicial cognizanco of the fact that on the fourth day of December, 1872, tho date of the "Warmoth commission to Knoblock, the official returns of the election had not been promulgated, and therefore that the issuing of the commission was a nullity.</p>