The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-06-20
THE Nj AY.ORALTY.
The Quo Ws-lranto Writ Not in order.
GEN, BUCHANAN WILL NOT ALLOW II TO TAKE
ITS COURSE.

The following correspondence between Gen.
Buchanan and Judge Whitaker, counsel for ex-
Mayor Heath, probably settles the question OF
the dlsI uted msyoralty:
81 CAMP STREET, NEW ORLEANS,
June 10, 1868. !
Generdl-In your order OF yesterdays date,
covering a dispatch from Brevet Major b. b.
Keller Of same date which dispatch says your
action with reference to municipal affairs is APP
proved" [by Gen. Gractl, you say lit is expected
that the contents of this dispatch will berespected
by all concerned"
j have the honor TO request you to inform me
whether Eaid orders affect the pending proceed
ing in the Sixth District Court of New Orleans
entitled " The State of Louisiana, ex. rel. E.
Heath, VS.. John R. Conway" ana if so, how far
il affects that proceeding? 10 other words, will
the quo tcd1TdHtO be allowed to take its course
before the court, and If the relstor IN the case
Should be successful therein would he be permit
ted to resume possession Of the mayoralty OF this
city?
you will confer a favor by replying at your
earliest convenience.
Ehave the honor TO be, general, very respect
fully, your obedient servant,
]. S. WHITAKER.
Brevet Major Gen Buchanan, commanding fifth military
district etc New Orleans, La
HEADQUARTERS FIFTH MILITARY DIsTRICT,l
Office of Secretary for Civil Affairs,
New Orleans, La, June Is, lS6s.I
J. S. Whitaker, New Orleans, La:
Sri Ia answer 10 your communication OF this
date am directed 10 inform you that the writ OF
quo 11dTrdntO in the case of r. Heath versus Con
way, before the Sixth District Court, is not
proper proceeding, and will not be allowed to
take its course Under the authority vested in the
brevet major general commanding, by the re-
construction laws, the result of such writ, if IA
vorsble to the relator, would practic ally amount
to nothing, for as be was military appOintee and
not candidate tor the Office, he has no ground
upon which to base his claim. This writ will be
allowed only in cases where both parties were
candidates for the same office, and then only to
deteIn inc, by means Of the judiciary, what he has
not the me to investigate himself-tne correct
ness of the returns of legal votes cast.
His order announcing the election of person TO
any Cfice was based on the idea that the returns
showed the number of legal votes cast. Those
returns being proved before the court to be errO
neous in that particular, the order was based on
incorrect information. and will be considered as
corrected by the decision of the court. The ques-
ton OF his right to issue the orders already issued
by him in relation TO the late elections is 20
plainly settled by the reconstruction laws them
selves, that any species of attempt to disregard
such orders is nothing less than setting at defiance
the acts of Coz gress.
This, the brevet major general commanding sim
cerely hopes will not be attempted by individuals
in a singular or combined capacity.
Very respectfully, your obedent servant,
(Siened) JNO. b JOHNSON,
Breye Lieut. CO U. A. Asst Secretary Civil Affairs.