The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-04-10
NUMBER 202.
THE AUDlToRsHIP wRAHGIE..
GOV. wARMOTH APPLIES FOR A WRIT OF
PROHIBITION.


tons IN the Warmoth. Wicklife authorship affair.
rhe order of Judge Colens was yesterday served
on Governor wsrmoth, and is In the following
words:
State Of Louisiana, Seventh District Court for
the parish Of Orleans. Thursday, the eighth dsy
Present, the Hon. T. Wharton Collsns, Judge.
No. llss-G. N. M..Wickhne vs.. II. G. Warmoth
ct ais.
By consent Of parties it Is ordered that the ex.
istins books. rsoosas and papers Of the ofice OF
auditoy Of public accounts be put In the rosses-
sion, keeping and care Of judicial sequestrator.
parties or either Of them, to have access to said
books etc. in presence Of said judicial seqoestra-
tor until the further order Of the court, and that In
every other respect the preyioss order Of the
modified.
Thereupon the court appointed Emile witz
Judicial se9aestrstor, agreeably to the above
order.
true copy: f.aH
Extract from the minutes.
A. d. BERNUDsz. Clerk.
Governor wsrmoth. upon receiving the order.
addressed the following notice to Mr.. Wiltz, in
charge of the auditors Office:
STATE OF LOUISIANA. EXECUTIVE DEPARTMENT,
New Orleans, ApriL9, 1883.
Sir-Yoa will take notice that will this day
apply 10 the Supreme Court of the State for writ
prohibiting you from attempting to exercise the
rights and powers Of judicial sequestrator Of the
books records and papers of the Office OF auditor
Of public accounts Of this State.
Respectfully,
(Signed) nc. WARMorH,
Governor Of Louisiana.
The governor also returned the order Of Judge
Collens, with the following Endorsement, which
presents matters in q different phase, since the
governor assumes the right Of taking possession
of the records papers, etc.. of the auditors Office
on the ground that there is no one authorized to
exercise the functions Of auditor OF. the State:
Respectfully returned to the Honorable Sew.
| enth District Court, with the following indorse-
| ment by the governor OF the State:
By order of the Honorable Seventh District
| Court of the parish Of Orleans, l.. I. Delasize,
| drly appointed and commissioned aHditor OF pub
| lie accounts for the State of Louisiana, has been
enjoined and prohibited from exercising the du.
ties of auditor of public accounts Of the State of
Louisiana, and from interfering with q. NJ. Wick
life in the discharge Of said duties. etc.
| By order Of the honorable Fifth District Court
/ of the parish of Orleans, g. III. Wcklife, late su
! dior OF public accounts, has been enjoined and
| prohibited from dischareing the duties of said
| Office or with interfering with L. 7. Delasize 10
his discharge OF the said duties aud the possession
of said books, records, etc., Of said Office. Mr..
Wickllfe disobeyed the order OF the Fifth District
Court and was imprisoned for contempt Of said
| court. Mr. Delasize was punished for contempt In
disobeying the order Of the Seventh District Court
Each court, in maintenance of its jurisdiction, had
| by habeas corpus discharged from custody the re-
| epective parties. There being. then, no one au-
thorized by law to discharge the duties OF the
| Office Of auditor Of public accounts. | have by
| virtue OF my authority % governor OF the STATE
Of Louisiana, taken possession of the books, re-
cords, paraphernals. etc., OF said ofi;e, and
| caused all desks, safes and records to be sealed
| by a notary public in the presence OF Witnesses,
| and caused the doors to be locked aud keys in
closed and sealed and placed 10 my possession
With just and proper respect for the honorable
Seventh District Court. and with no purpose Of
placing the executive department In conflict with
the judicial departme OF the goyernment re-
spectfully decline to deliver TO Mr.. Witt, the
| judicial sequestrator appointed by your honor.
| possession of said records, archives and para
phernslis. The right OF possession of these
| cords claim as the chief magistrate OF the
State, and shall continue to hold them until the
question Of right to possess them and to discharge
| the duties of the office is clearly settled by ju-
ii. @. wAsMorH.
This is copy Of the governors petition to the
Supreme Court:
To the honorab. Judges of the supsms Court Of tho
The petition Of the State Of Louisiana on the re-
lation Of Henry c. warmoth, the governor ofssid
State, respectfully shows that conflict has arisen
between the courts Of concurrent Jurisdiction In
the parish of Orleans respecting the off Ice of nadi
tor Of public accounts OF the State OF Louisiana
end the books. papers, paraphernala and archives
Of said office; that The same are the property OF
the State of Louisiana and are of great value, to-
| wit, Of the value OF more than two thousand dol
lars: that by order and injunction of the Fifth
District Court Of the parish of Orleans, George NJ.
wicklie late auditor Of public ACCOUNTS, has been
aud ID still enjoined from the exercise Of the duties
Of said Office and from any interference with the
custody OF said records, etc.. as BY the record OF
the suit OF l.. T. Delasize VS.. G. M. Wickfe now on
file In this court, In the case No. =, will more fully
appear.
| public accounts and claiming the possession of
said Office and the custody Of the records, etc.,
i ale hoo crfn nQS hu izQuQ
Seventh District Court OF the Parish of Orleans,
from interfering with the said Wicklife In the dis
charge Of the duties Of said Office and the said in
| junction s intended and construed to protect the
said Delssize from having the custody Of the said
records etc.. as by the record OF the suit of G. II.
Wicklfe vs. L. 7. Delasize. ct al. on file In the
court, in suit No.. will more fully appear.
| That youf petitioner chief executive OF the
State, Is charged with the preservation Of the
public property of the State, and that in this case,
where both the claimants TO the Office are en-.
Joined, ss aforesaid, 1t is the especial duty Of
| your petitioner TO have custody OF said office,
properly and records. and to see that they are
preserved intact.
dic'ments have been found by the grand jury
| of the parish of Orleans against the said g. NJ.
Wicblihe for crimes and misdemeanors alles ed
to have been committed by him while In posses
sion OF and In the discharge OF the duties OF the
Office OF auditor Of public accounts. That your
| petitioner, In the discharge OF his constitutional
duties Of governor Of the State OF Louisiana. and
| in order that the laws be faithfully executed,
has caused notarial seals to be affixed 10 the
books and records Of said office, in order to keep
the same from destruction mutiIstiop, whe-
ther by accident or design, and to preserve any
evidence they may contain, an3 has caused said
, Office TO be closed and locked, and keys thereof
to be placed under n0tarial seal. Now, your pc
titoner shows that, In the suit pending in the
Seventh District Court Of the parish Of Orleans,
the Hon. I. w. Gollens, judge OF said court, by
: interlocutory judgment rendered on the eighth
Gay Of april 1859, has appointed Emile Wiltz
Judicial sequsstrator or custodian Of said records,
and the said Wiliz applied to petitioner for Gus
> tody Of the same.
Your petitioner shows that the said Judge is
| without jurisdiction 10 render such interocutory
Judgment; that the same is an infringement upon
the constitutional functions Of your petitioner as
! governor Of said State; that the said judgment
viii work irrepsrable injury to the rights OF the
Stste represented by your petitioner, and your
7 | petitioner has no remedy by appeal from such
judgment, o copy Of which Ia hereunto annexed
i Ia ~ ~ hat ivan natl.