The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-06-11

III,
or would at once DC. served by a deputy sheriff
upon Mr.. Conwsy, who would have TO show legal
suthon y, on monday rex', the 18th inst. for hav.
ing 70 ken bis sea IS mayor. These facts Judge
" hi aker stated in writing for Captain DeRnssy' 8
information, signing himself Counsel for e
Bes;h, mayor The captain then returned 10
headquarters. -.-f-.r.-ts s.-.r
The following is q copy of the petition which
was fled by Mr. Heath in order to obtain the
writ: H.H .r lfa
STATE OF LOUISIANA, Ex. BEL. EDWARD HEATH
.f --.t...- VS.. JOHN K. CONWAY,
To the Hon the Judge OF the sixth District Court of New
Orleans: -I-"' alr.F rI.- Hfr7 -.
g The petition of Edward Heath, mayor of the
city of New Orleans rel4tor, respectfully shows
that he was appointed mayor of said city under
ard by general orders number 5,n issued out Of
the g Headquarters Fifth Military District New
Orleans, La, on March 27. 1867. by command OF
Major General P III. Sheridan, the purpOrt Of said
orders being as follows: ...- r.. -.....
(" 'HEADogAETFRs FIFTH MILITARY DIsTRIcT,l
New Orleans, La, March q, 1861.
a. General Orders No ti.-" I l.i --.-
"AndTew 8. Heron, att orney general state Of
Louisiana; John Il. Monroe, mayer OF city of New
Orleans, and Edmund Abell Judge of First District
Court, city of New Orleans are hereby removed
from their respective Offices from IL N Today and
the following appointments made, TO take effect
from the same date, viz: B. l.. Lynch to be at
tOipey general State OF louisiana; Edward
Health 20 be mayor OF city of New Orleans, and
" L
city Of New 0ilesns. Esch person removed viii
inIn over all books. papers, records. etc., per.
tanning IA his office, to the appointed thereto, and
the authority Of the latter viii be duly respected
and enforced. .i.a1.nl I'D H I.rE us -1-f
"'Ily command OF Major Gen P. II. SHERIDAN
signed) o. L. HARTsUFF, A, A. o.
"Ihat your relator entered upon and has to this
date IN obedience 30 aud as authorized by said
general orders, performed and discharged the
duties OF said Office of mayor, receiving therefor
FlN lQrV GE ka rata of nal nrta
''That under color OF orders issued out of the
headquarters fifth military district, byA comma and
Of the commanding general of said district, an
election Of municipal officers for said city washed
on The 18th and 18TH days of April, 1868 aud One
John R. OOnwsy has been declared siested mayor
OF said city at said election by special orders No
l25, issuing cut Of headquarters fifth military dis
ulct, New Orleans, La, on June 6, 1868, bycom.
mand Of Breyet Major Gen. r. O. Buchansn.
Now your irelator represents that said cleo.
bOn toWit: The election for municipal Off GERS for
the city Of New Orleans, held as aforesaid on the
l7tb and ls'h days Of April, ls6s, was. aad is an
Illegal election; tlatt the said election neither was
nOI Is provided for. or prescribed or ia any way
auihOTized by the Constitution or laws Of the
United States, or by the Constitution or laws of
the State of Louisiana that said election was and
is void and Of no effect; and that The persons de-
Glazed ss Aforesaid 10 have been elected az sad
election 70 the municipal Offices of said city aud
especIslly said John z. Conway, have no legal
right TO the several offices 70 which they were as
aiol esaid, declared TO have been elected.
"Aud your Teat0r shows that be has an interest
IN The sad Office OF mayor Of said city, and Ia the
salary pertainng 10 said Office; that the said
John Il. Conway is illegally claiming and seeking
to usuTp land has usurped) the said Office OF
mayor OF said city, and TO illegally obtain posses
siln ibe1eofi and TO exclude your relator there
from, all Of which is contrary to the laws of the
United States and 10 the Constitution aud laws of
the State Of Louisiana, whereby, unIess the said
conway IS forbidden TO 90 usurp and Illegally OBJ
tain possession of said Office Of mayor OF said
city, by the mandate Of this honorable court
yonr relator viii suffer great and iIeparable in.
jury.
Wherefore, the premises considered. your re-.
lator, Edward Heath mayor of the city of New
Orleans, prays that writ OF quo. yarrantO issue
from this honorable court, directed to the said
John r. Conway, inquirisg by what authority he
claims said Office OF mayor of New Orleans, aud
thst after due proceedings had, there be Judgment
against seid John r. Conway, declaring him not
entitled and not qualified TO take and fih the said
fOrbidding him to perform the duties and TO re-
ceiye the enCluments of said Office, and further
declaring your IelstOr, Edward Heath, 20 be tae
lawful mayor of said city of New Orleans, uutil a
legal election for said Office OF mayor shall have
been held, ard the person elected hereunder as
said meyOr shall have been properly qualified.
=" Your relsior further prays for costs and for
al general relief. -' i-'tI 81
(signedl .a .rl" "wHITAKER RICE,
"For Relator T."
estate Of Louisiana, !
Parish of Orleans.
personally appears before the undersigned
authority Edward Heath, mayor of New Orleans,
who being duly sworn declares that all the facts
and. allegations in the aforegoing petition are
tue.
oigre1 "E. HEATH Mayor"
'swoIn to and subscribed before me this 10th
day of June, 1868. PARIS cHILpREss.
. Second Justice Pescs, Psish of Orleans "
While Judge Whitaker was writing 10 the Office
Of the chief ofpoliee deputy sheriff, whose name
we did not obtain, entered the mayors Office and
served the writ Of quo warranto upon Mr. Con-
way, who received 1t and said nothing more
Shortly afterWard Mr.. Heath, accompanied by a
baf dozen Of bis personal friends, emerged from
the station and proceeded up st. Charles street.
lie police then cleared the sidewalks aud street.
ana in another half hour the crowd had dispersed
and the excitement was over.
Mr.. Conway remained 10 his Office uutil dark or
there abOns, his first appointment being that OF
Mr. John W. Overall 70 mis- private secretatyship.
u was also stated, lsst evening, that Mr.. r. y.
Diamond had been appointed chief Of police, but
concerning this we were upable TO ascertain posi-
lively. To day viii, doubtless, evolve many ne Y
and interesting facts connected with the change
~ government. It is a fact worthy OF notice
that General Buchanan left the preservation Of
peace end order entirely to the police yesterday
and do not deem IL necessaryto parade battalions
and batteries.