Andrews v. Blackman 59 So. 769 131 La. 355, 59 So. 769 (Cite as: 131 La. 355, 59 So. 769) Colfax, Fairmount, Bagdad, Bruce's Mill, Dry Prong, Creed, and Buckelew, in Grant parish, and Holloway, Glenmora, Elmer, Horn's, Boyce, Weil, Pineville, and Quadrate, in Rapides, were not. and are not, in contest. Upon the trial of the case the following admissions were placed of record: Grant Parish Admission. 'It is admitted by plaintiff and defendant that the ballots throughout the various voting precincts in Grant parish were, after being counted, placed in each ballot box at each voting precinct, and each ballot box sealed by the commissioners and delivered by the commissioners to each proper returning officer and one commissioner, and delivered by them, so sealed, to the clerk of court of said parish of Grant, where they have remained in his possession until now, and that said ballot boxes and said ballots, from the time that they were counted and placed in each sealed ballot box until the present time, have not been altered or changed or tampered with in any respect, and that the election at each precinct was held at the usual polling or voting place, and no voter was deprived of his right to vote through ignorance of the voting place.' Cheneyville Admission. 'It is admitted by plaintiff and defendant that all the ballots cast for the office of judge in the primary election in contest at Cheneyville precinct, in the parish of Rapides, were correctly counted by the commissioners, and, *361 after being counted, were placed by the commissioners in the ballot box, and the ballot box sealed by the commissioners and delivered by the commissioners to the returning officer and to one commissioner, and by said returning officer and commissioner delivered to the clerk of court of said parish of Rapides, at the clerk's office in Alexandria, in said parish of Rapides, where the same has been kept in his custody ever since, and that from the time said ballots were counted and placed in said ballot box to this time said ballots and said ballot box have not been changed, altered, or **771 in any wise tampered with, and that said election at said precinct was held at the usual voting place and no voter was deprived of his opportunity to vote through ignorance of the location of said polling place. This admission to be hereafter known and referred to as the 'Cheneyville Precinct Admission." Page 3 Lecompte Admission. 'Same admission made as the Cheneyville admission, with the additional admission that the election was legally held and conducted, and returned and counted.' Rapides Parish Admission. 'It is admitted by the counsel for the plaintiff and defendant, both that no ballot boxes were ever tampered with after they were handed in to the hands of Capt, Calvit, clerk of court, and that no ballot or tally sheet or return was altered or changed while in the possession of said clerk of court.' *** The same admissions, as in the cases of Cheneyville and Lecompte, were made as to Boyce, Echo, Forest Hill, Big Island, Alexandria, Weil, Quadrate, Glenmora, Union Church, Pineville, Welchton, Borland, Poland, and Hammond, thus including all the precincts in Rapides parish except Lamourie, Woodsworth, Elmer, Hineston, Gum, Horn's, Lena, Holloway, and Tioga; and, as the contestant, in opposing the approval of the report of the experts, alleged that the boxes from Holloway, Elmer, Horn's, Glenmora, Boyce, Weil, Lena, and Tioga were not in contest, the only boxes which are left in dispute (in Rapides parish), save as to matters not included in the admissions, are those from Lamourie, Woodsworth, Hineston, and Gum, with reference to which the evidence is about as follows: *362 Provision was made whereby the voter was afforded the means of preparing his ballot in secrecy. Thus, at Lamourie, he could go into an adjoining room; at Woodsworth, part of the room in which the voting took place was screened off with a curtain; at Hineston, there was a separate roon; at Gum, one end of a gallery was separated from the other end, where the voting was done, by means of a suspended blanket. The testimony of all the witnesses, whether for contestant or contestee (and there are quite a number), practically concurs to the effect that there was no fraud, no intimidation, no overlooking of voters who were preparing their ballots; that the votes were counted and entered on the tally sheets; that the ballots were replaced in the boxes, with the tally sheets and poll lists; that the boxes, having been sealed, were delivered to the returning officers, and by them delivered to the clerk. But one witness (Lester Swan) testi- © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 137