New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-06-12

\ CONTESTED ELECTIONS.

we notice that the contested election case Of Aud
vs. Walton is again up before the First District Court
and having supposed it had been finally disposed Of
we have taken the painsin order keep our readers
Informed Of the g summary proceedings the law
to inquire into the state of the condensation
now.
We learn that Mr.. Aud appealed on the 4th June
instant, from the judgment rendered on the Goth of
May last by the First District Court and that the
time allowed by law for appeal had expired be-
fore application was made for it, thus rendering the
appeal Of no force; and that in view of this fact the
defendant Walton, applied to the lower court for an
order, directing the clerk to issue the certificate re-
quired by the statute to enable him to get his COM
mission from the G Governor. & I'LL
This application was made last Monday, and we
are informed that the Judge promised the counsel for
defendant that he would give his decision Tuesday
hut on Tuesday morning it having been discovered
there was something in the position taken by Walton,
the Judge without any application from either party,
fixed The motion for trial for ednesday thereby
giving the contestant more time, and enabling him to
prepare petition for prohibition from the Supreme
1 Court The motion came up for argument yesterday
morning Mr. Hunt, for Walton, declined arguing it,
stating merelythat the court acquainted with the
law5and the facts, and there was no necessity for
argument. AIr. Bradford and Mr.. Lacy, however,
each made short argument and the court at once,
decided against the motion Of Mr.. Hunt and refused
to order the clerk to issue the certificate.
About hour after the decision was made, the Su-
preme Court, on the application of Aulds counsel,
granted an order to prohibit the Judge of the First
District Court from granting the order applied for by
Mr.. Hunt, until Thursday next, when the application
for prohibition fixed for hearing The prohibition
came too late: the Judge Of the lower court had de-
cided the motion before the writ of prohibition reach
ed him. and now we learn that Mr.. Hunt has filed
petition in the Supreme Court asking writ Of man
damus to compel the Judge Of the First District Court
to order the clerk to furnish Mr.. Walton with the
necessary certificate to enable him to obtain his COM
mission at once, and take possession of his office
Quite time, we think Seven months after the
election, and nearly month since the decision by
the jury in his favor Surely now, the question is
fairly before the Supreme Court, that high tribunal
will not adjourn before dispensing of it, It is mat
ter Of public concern and is entitled, under the law,
to be summary disposed Of and in preference to Ill
other business We doubt if, in the whole history of
litigation in this State, there can be found case
where such fragrant abuses and violations have been
perpetrated to accomplish delays upon delays and all
to keep the incumbent in Office that he may fatten
upon the proceeds Of place which belongs ghtfully
and legally to another. We ARE confident the Supreme
Court will do full justice in the premises.