paid over to such corporation or again invested as they may desire (Act 267, 1855, 330).

1376. Investment of Funds Deposited. Should any endowment be made either by donation, inter vivos or mortis causa, to establish a professorship in any institution of learning in the State, duly incorporated, on the principal being deposited in the State treasury, the same shall be invested, and the interest as realized shall be paid over as stipulated in the preceding section; and it shall be the duty of the Auditor of Public Accounts and the State Treasurer to make the investments to the greatest advantage and interest of said institution.

1377. City Council Authorized to Establish.-The Common Council of the city of New Orleans are authorized and requested to establish one or more public schools in each district, for the gratuitous education of the children residing therein; to enact ordinances for the organization, government and discipline of the same, and to levy taxes for their support, as to them may seem proper (Act 269, 1855, 331).

1378. Report to State Superintendent.-The Council shall make a report annually to the Superintendent of Public Education of the disposition of the school fund, and communicate all other information respecting public education which they may possess and which may be called for by him.

ELECTIONS.

1379 to 1416 inclusive, relative to Elections, repealed. See note infra.

The first act upon the subject is No. 100, 1870, p. 145. Act 98, 1872, p. 15 (Acts 1873), repealed "all others on the subject of election laws" (Sec. 71). This act was amended by Acts 19, 1873; 127, 1874; 7, 1875, and No. 1, 1877. Act 58, E. S. 1877, p. 89, repealed Act 98, 1872, in terms (Sec. 1) and "all laws on the subject of elections, excepting those relating to the contesting of elections" (Sec. 46). This last act was amended by Act 99, 1878, 4 E. S., 78 and 101, 1882, and Act 181, 1894, p. 223, is the next General election law, and again, "all laws on the subject matter of elections, excepting those relating to contesting of elections" repealed (Sec. 48). It appears therefore that Secs., R. S., 1379 to 1416, inclusive, are repealed as relating to "the subject of elections." The subtitle, "Contested Elections," Sec. 1417 et seq., R. S., is treated separately. The last act on the subject and superseding all others is

Act 137, 1896, p. 193.

are

AN ACT to preserve the purity of the ballot, by regulating the manner of holding and conducting elections; by providing an official form of ballot; by prescribing the time and method in which nominations shall be made and certi

fied; for providing for the division of parishes, cities and towns into convenient election precincts; by providing for the appointment of officers to conduct such elections and defining their duties; by prescribing the manner in which the votes of electors shall be taken, and the count and returns thereof made; by providing for the punishment of violations of this law, and repealing all laws in conflict with the same.

SECTION 1. Ballots at Expense of State.-That all ballots cast in all elections and for delegates to any constitutional convention after the first day of November in the year eighteen hundred and ninety-six shall be printed and distributed at public expense, as hereinafter provided. The printing of the ballots, tally sheets and cards of instruction to voters and their distribution, shall be paid for by the State.

SEC. 2. General Election, When Held. That the general election for the State and parish officers shall be held once every four years, on the first Tuesday next following the third Monday of April.

SEC. 3. Time, Place, Notice, etc --That all officers, the time and place of whose election is not otherwise provided for by law, shall be elected at the time and places provided by law for the election of senators and representatives.

That it shall be the duty of the Governor, at least thirty days before every general election to issue his proclamation giving notice thereof, which shall be published in the official journal.

The Board of Supervisors of Election of each parish, shall give fifteen days notice of every general election by advertisement, in the official journal of their parish, if there be one, and by posting at four public places in the parish if there be no official journals in said parish. But no default by the Governor or parish board of supervisors of election to issue said proclamation shall deprive the people of their rights to hold an election as fixed by law, or vitiate said election when held.

SEC. 4. Vacancies in General Assembly.-That when the seat of any Senator or Representative becomes vacant, and there shall be a session of the General Assembly before the next general election, it shall be the duty of the Governor within five days after being officially notified of such vacancy, to issue his writ of election, directed to the proper supervisors of election, whose duty it shall be within three days after its receipt, to give public notice that an election will be held to fill such vacancy on a date to be named by them which shall not be less than eight nor more than fifteen days after the publication of such notice, and such election shall be conducted and the returns thereof made in the manner required by law for general elections.

SEC. 5. Presidential Electors, Representatives.-In every year in which elections are to be held for electors of President and Vice President, said election shall be held on the first Tuesday next following the first Monday in November, 1896, and every four years thereafter, and are to be conducted and the returns made in the same manner as herein provided for general elections. The Secretary of State, or in case of a vacancy in that office, the State Auditor, shall ascertain from the returns, the persons who received the greatest number of votes actually cast; and the Governor shall issue a certificate of election to the said persons and they shall be authorized to cast the vote of the State for the President and Vice President.

All general elections for representatives in Congress shall be held on the first Tuesday next following the first Monday in November, 1896, and every two years thereafter, and shall be conducted in the same manner as elections for representatives in the General Assembly.

SEC. 6. Representatives in Congress, Vacancies.-In case of vacancy in said office of representative in Congress, between the general elections, it shall be the duty of the Governor by proclamation, to cause an election to be held according to law, to fill such vacancy. Elections shall be held in the precincts and at the polling places hereinafter defined, and herein below directed to be established.

SEC. 7. Plurality Elects, Proviso. That in all elections by the people the person or persons having the highest number of votes, shall be deemed and declared to be elected; but no persons receiving the same number of votes, shall be deemed to be elected if, thereby, a greater number would be elected than required by law. The election for such officers thus not elected, shall be

returned to the people, public notice of ten days to be first given in the same manner as for a general election

SEC. 8. All Elections to be Completed in One Day.-That all elections shall be completed in one day, and the polls shall be kept open at each polling place from the hour of seven o'clock in the forenoon until six o'clock in the afternoon, provided, that in cities and towns having a population of ten thousand (10,000) and over, the polls shall be kept open from six o'clock in the forenoon until four o'clock in the afternoon.

SEC. 9. Election Days Are Legal Holidays.-That the days upon which a general or a local election shall hereafter be held under this Act, shall, for all purposes whatever, be legal holidays in the localities where elections are held.

SEC. 10. Order at Polls, How Preserved. That it shall be the duty of the chief executive officers of the police force of each city or town, to detail a sufficient number of police officers who shall be stationed at each polling place on the day of the election, to preserve order and to protect each and all of said election officers from any interference with, or obstructions in the performance of their respective duties, and to aid in enforcing the provisions of law relating to elections, and said police officers so detailed, shall be subject to the orders of the election officers.

SEC. 11. Board of Supervisors.-That in all parishes the parish of Orleans excepted, the Board of Supervisors of election of each parish shall consist of three persons, viz.: The Assessor and Registrar of Voters of each parish, one elected by the Police Jury, and one appointed by the Governor, who shall be president of the board. That in the parish of Orleans the Board of Supervisors of election shall consist of three members as follows: One appointed by the Governor, who shall be president of the board, one to be the Registrar of Voters of the parish of Orleans, an i the other to be the Civil Sheriff. The said Board of Supervisors shall serve without compensation.

The several Boards of Supervisors, the parish of Orleans excepted, shall, at least thirty days before an election, appoint as election officers for each voting precinct, three commissioners of election and one clerk. Such officers shall be qualified voters in the ward of which said precinct forms a part and men of good repute and standing. The commissioners shall be so apportioned as that not more than two of said commissioners shall be of the same political party.

SEC. 12. Duties of Board in Orleans.-That in the parish of Orleans it shall be the duty of the Board of Supervisors, at least thirty days prior to any election, to appoint six commissioners and two clerks to preside over the election at each polling precinct. Said commissioners shall be qualified voters in the ward of which such polling precinct forms a part, and shall be appointed from lists to contain not less than six names, furnished by each of the several political parties, and nominating bodies. The commissioners be so apportioned as to equally represent all the political parties or nominating bodies authorized under this act to make nominations, in so far as practicable.

SEC. 13. Watchers at Polling Precincts. That each of the several political parties (or nominating bodies) having candidates (upon the official ballot) shall be entitled to one watcher in each voting precinct, and said watchers shall be appointed for each election by the several political parties (or nominating bodies) and shall be commissioned by the Boards of Supervisors. Said watchers shall remain without the (guard rail) during the polling of the vote, except when casting their individual votes, and shall not be permitted to electioneer engage in any political discussions, or in any manner interfere with, detain or obstruct any voters. Said watchers shall be allowed to enter (the space within the guard rail) only after the closing of the polls, and there remain thereafter, within (said guard rail) during the canvass and count of the vote. Watchers shall take no part in such canvass and count, nor have any voice in the conduct thereof.

SEC. 14. Pay of Commissioners.-That the Commissioners of election shall attend at the times and places designated in their respective precincts, at all elections. The commissioners and clerks shall receive three dollars for each day's actual service, and the deputy sheriffs attending the elections shall receive five dollars and no mileage for each day's actual service not exceeding three days, to be paid by the parish or municipality.

SEC. 15. Powers of Commissioners.-That commissioners shall possess full authority to maintain regularity and order and to enforce obedience to their

lawful commands during an election and during the canvass of the votes after the closing of the polls, and shall have full authority to preserve peace and good order at and around the polling place, and to keep access thereto, open and unobstructed, and may require any police officer, constable or other persons present to communicate their orders and directions, and to assist in the performance of the duties in this section enjoined.

SEC. 16. Powers Continued. That the Commissioners of Election shall preserve order and decorum at elections and shall have power to commit to Prison any disorderly person for a time not to extend beyond the hour of closing of the polls, provided, that said person shall be permitted to vote before being committed to prison.

SEC. 17. Canvass and Count.-That the canvass and count of the ballots, as provided in this act, shall be begun immediately upon the closing of the polls, and shall be proceeded with, without interruption and delay, until completed, during all the count, three tally sheets shall be kept thereof, the said tally sheets shall have the tallies marked in lines from the beginning to the end of the page and the total number of tallies shall be written in figures immediately after the end of the tally, and in letters, so as to prevent any alteration thereof. Any commissioner or other person who shall interfere with, delay or attempt to delay the count of the ballots, shall be guilty of a felony, and punished as provided for in Section 44 of this act, and any person who shall steal, attempt to steal, or aid or abet in stealing the ballot box, ballots, tally sheets, poll lists or other apparatus or papers of the election, shall be deemed guilty of a felony and punished as provided in Section 44 of this Act.

SEC. 18. Statements, etc., False Canvass.-That prior to the public declaration of the vote at an election, which shall be made at each precinct as soon as the count has been completed, no statement shall be made by any commissioner, of the number of ballots cast, the number of voters present, the number votes given for any person or for any officer, the name of any person who has voted, the name of any person which has been voted on, or of any other fact tending to show the state of the polls. Any commissioner who violates any of the provisions of this act shall be punished as provided for in section 44 of this act, but no such violation shall in any way invalidate any returns of the votes cast, duly made by the commissioners, or effect the title of any person who is duly declared to be elected to any office.

Any election commissioner who intentionally makes or attempts to make, a false canvass of the ballots cast, or any false return of the result of any election, or any person who induces, or attempts to induce, any such commissioner so to do, shall be deemed guilty of a felony, and upon conviction thereof shall be punished as provided in Section 44 of this act, and shall be further disqualified from voting at any election or holding any office of honor, trust or profit in this State.

SEC. 19. Destruction, etc., of Documents.-That every Commissioner of election, or other officer or persons having the custody of any record, register of votes, or copy thereof, oath, return of votes, certificates, poll list, or any paper, document or evidence of any description in this act directed to be made, filed or preserved, who is guilty of stealing, wilfully destroying, mutilating, defacing, falsifying or fraudulently removing or secreting the whole or any part thereof, or who shall fraudulently make any entry, erasure or alteration therein, except as allowed and directed by the provisions of this act, or who permits any other person so to do, shall be guilty of a felony, and upon conviction thereof, be punished in accordance with Section 44 of this act. And every person, not an officer who is guilty of any of the aforesaid acts, or who advises, procures or abets the commission of the same, or any of them, shall, upon conviction thereof, be punished in accordance with Section 44 of this act.

SEC. 20. Barrooms to be Closed. That all barrooms, cabarets and coffee houses, and places where liquors are kept, within one mile of any ward or precinct where an election is being held, shall be and remain closed during the day of an election until twelve o'clock P. M. and no liquors shall be sold or given away on election day within the above specified limits. Commissioners of election are hereby authorized to enforce this provision and to call upon and direct the police officers to discharge their full duties in every particular.

Whoever, in a polling place, has in his possession, any intoxicating liquor, shall be deemed guilty of disorderly conduct, and the Commissioners shall order such person to remove such liquor, or to withdraw himself from such place, and

on his refusing or neglecting to obey such order, shall direct any police officer or other person present, to take him from the place and confine him in some convenient place until the election is completed. The person so refusing, shall, for every such offense, be punished as provided in Section 44 of this act.

SEC. 21. List, Tally Sheets, etc.-That it shall be the duty of the commissioners at each polling place, to keep duplicate lists of the persons voting at such polling place, which lists shall be numbered from one to the end; and said lists, so to be kept and numbered as aforesaid, shall be signed and sworn to as correct by them, immediately upon closing the polls, and before leaving the place or opening the ballot box. As soon as the votes have been counted and the envelopes sealed, as herein provided, the official tally sheet or sheets shall be signed and sworn to by the commissioners, and the said officers shall make triplicate compiled statements of the number of votes cast for each candidate for national, State, parochial or municipal offices, and the offices for which they were voted, the number of ballots contained in the box, the number of ballots rejected, and the reasons therefor. These compiled statements shall also be sworn to by the said commissioners, the oath to be administered by the deputy sheriff, or one of the commissioners, or by any qualified voter. One of the aforesai tally sheets, together with the poll books and one of the said compiled statements, shall be delivered to the Board of Supervisors of each parish.

The commissioners of election shall forward to the Secretary of State one of the compiled statements of the vote at their respective boxes or polling places, with the name or names of the candidates voted for, one tally sheet and one of the duplicate poll lists, which returns of the commissioners shall be retained by the Secretary of State for at least six months.

The third tally sheet, together with the ballots and a poll list of the persons voting shall be returned to the ballot box, which shall thereupon be sealed by the said commissioners and the said ballot box containing the ballots and tally sheets and poll lists as aforesaid shall be delivered to the clerk of court to be by him safely preserved for a period of six months.

The Board of Supervisors of each parish shall within three days after the closing of the polls, repair to the court house of the parish, and there, in the presence of at least three voters, and as many others as may desire to be present, make a true compiled statement as shown by the face of the sworn returns of the commissioners, in triplicate, of the result of said election, and make public proclamation of such result, which compiled statement shall be sworn to before some other officer competent to administer an oath.

One of the said triplicate compiled statements shall be forwarded to the Secretary of State, one to the clerk of the District Court, and the third shall be retained by said Board of Supervisors.

The Board of Supervisors shall make out a separate compiled statement of the vote for Governor and Lieutenant Governor, which shall be sworn to before some officer competent to administer an oath, and this compiled statement, sealed in a separate envelope and properly marked and attested by the Board of Supervisors, shall be transmitted to the Secretary of State, and shall constitute the returns contemplated by Art. 59 of the Constitution. Any Board of Supervisors or any member thereof who shall fraudulently and intentionally make a false or incorrect compiled statement as above provided of the said vote, shall be deemed guilty of a felony, and on conviction thereof, shall be punished by imprisonment at hard labor for not less than two nor more than five years.

SEC. 22. Transmission of Returns.—That it shall be the duty of the commissioners themselves, or at least two of them, to carry returns and ballot boxes to the Board of Supervisors and clerk of court as required by law; and it shall be the duty of the sheriff to have at each polling place one deputy sheriff, whose duty it shall be to obey the orders of the said officers of election and attend the transmission of the ballot boxes and returns to the Board of Supervisors and clerk of court.

SEC. 23. Ballot Boxes, How Preserved. That the clerk of the court shall receive the boxes containing the ballots cast at any election, and the other papers herein provided for sealed as hereinbefore provided, and shall retain them in his care for six months, and as soon as may be thereafter said officer shall cause said ballots to be destroyed without examining them or permitting them to be examned by any person whatsoever, and shall make an entry in the records of his office that they have been so destroyed.