New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-03
Re-examined by counsel.

/
ter was in court, two or three months
you mean, from the beginning to the ter.
mination?
A. l think, from the last of June till DC.
tober.
@. That the public attention had been
| attracted to it through the newspapers?
A. think SO, do not remember par
ticularly, but that is my impression. I
| think you will find the Times and other
papers deprecating their views that Mr..
Kathman had suffered, and urging the pay
ment of his claim.
Q. By Manager LOWELL How long
was the case pending in the 9Th District
Court?
A. should say about six weeks.
Senator Bacon, sent to the Secretary's
desk the following questions, which were
read by the Secretary:
Q. By Mr. Bacon Did the witness
have conversations with the Auditor about
the claim after he had procured the orr
glnal writ of mandamus in the Sixth Dis
trict Court.
Let him state whether that case was
ever mentioned in these conversations, the
one in the Sixth District Court.
| Did he ever send message to him by
Mr.. Allen, or authorize Mr.. Allen to nego-
tiate with the Auditor respecting the claim?
A. answer no to oil three questions.
have no recollection of any such thing;
it is certainly not my manner of doing
business.
Respondent offers in evidence and the fol-
lowing opinion of the Attorney General of
the State, which was received, read by the
Secretary and fled:
ATTORNEY GENERALS OFFICE,
state of Louisiana, ,
New Orleans, October a. 1863.
Hon G. n. Wickliffs. Auditor of Public Accouns.
New Orleans, Louisiana;
DEAR SIR-In answer to your inquiry,
touching authority to issue warrants for
''otficial printing and advertising" 1.-THE one
hundred and fifty thousand dollars appro-
priated for that purpose, having been e1-
.hausted), submit as my opinion, that you
are authorized and required to draw war
rants, notwithstanding the $4,000, has
been exhausted. / am of this opinion for
the following reasons: The said appropris-
ton Of $lJ0. 900, considered in connection
with the printing law, and the law requiring
you to warrant for such Indebtedness, y
clearly approXimative and not restrictive.
In other words, the law fixes the indebted
| mesa Of the State, and requires that the
Auditor warrant for its payment. 1t would
be Inconsistent to say, that the State by
| legislative act declares the amount of her
| Indebtedness in this particular, and author.
| ICES you to warrant therefor, and at the
same time say, that the printer should be
compelled to wait further legislative action,
before payment can be made. There eyi.
IDENTITY exists in the minds of many persons,
a mistaken construction Of article one hun.
| bred and four of our constitution, requiring
| that the Auditor shall only warrant against
| Specific appropriations" As general
rule the moment the constitution or the Law
| specifically likes the sum due, you are
| authorized to warrant. To ILLUSTRATED
hardly think it would be seriously con-
tended that the judges and other State
officers, whose salaries are fixed, would be
| denied the payment of the same, should the
| General Assembly fail to go through the
usual form Of making appropriation. The
| appropriation thus formally made, certainly
! adds nothing to the strength of the claim
As general rule, article one hundred and
| four of the constitution, intends simply to
prevent payment of claims against the
State, not fixed and determined by law
| Therefore, by virtue of the law fixing the
| amount due, and by virtue of section twelve
| of act nun Der eight, of 1868, | am of the
| opinion that you are authorized and re-
quired to issue warrants for ''otfiCial printing
| and advertising," when you are satisfied the
work has been done.
1 y
SIMEON BELDEN,
Attorney General.
Respondent offers in evidence the follow
ing three records Of proceedings by manda-
mus against the Auditor, under the printing
law, for the purpose of showing that he at
| tempted to issue certificates Of Indebtedness
and that application was made to the court
to.compel him to issue warrants, and that
was in pursuance of their judgments that ,
large number of warrants were issued, t.
wit:
State Of Louisiana, Sixth District Cour
for the parish of Orleans.-J. F. Rohrbache
VS.. Ct. NJ. Wicklitfe, Auditor-No. $50.
PETITION FOR MANDAMUs.
| Filed August 81, 1869.
To the Honorable William Il. Cooley, Judge of tn
sixth District Court foI he Parish OF Orleans:
| The petition of j. +. Rohrbacher, residing
in the parish of Orleans, with respect, repre-
sents:
That he is holder and owner of four Ger
ticates of Indebtedness, drawn by G. NJ
WIckliffe, Auditor of this State, to wit
One for eight hundred and fifty-two dollars
dated August 4, 1869. in favor of j. Has
and eleven dollars, dated August z, 1869, il
favor of W. R. Haynes, No. 432. One 70
seven hundred and fifty dollars, date
August 10, 1869, inlfavor of ]. Z. Stephens
No. $50, and the other for eight hundre
and twenty-eight dollars and twelve ant
one one-half cents, in favor of 8. D.
Walker, No. 455. as will appear by refer
ence to said certificates hereto annexed.
| Represents that said certificates wer
Issued for public printing, and were issue'
in error; that appropriations have BEEF
made by the Legislature for the payment @
{ said indebtedness, and that the Audito
should have issued his warrants for tn
same.
Your petitioner is DESTROYS of obtaining
mandamus against said Auditor, cOmpellin
| him to issue warrants for said claim accord
ing to law; wherefore petitioner prays tina
said G. NJ. Wickliffe may be ordered t
show cause on the fourth day of September
1869, why mandamus should not issu
compelling him to issue warrants for sal
Indebtedness as above set forth and for ger
eral relief in the premises.
By his attorneys:
The undersigned, plaintiff in the abov
petition being duly sworn, says the fact
and allegations therein set forth are true.
| (Signed) P. F. ROHRBACHER.
sworn to and subscribed before me thi
the thirty first day Of August, 1889.
First Justice of the Peace.
. ORDER.
Let writ of n1andamus issue as praye
for herein, commanding G.. NJ. Wicklifft
Auditor of Public Accounts, to comply wit
the prayer of the relator, or show cause VIII
he does not, on Saturday, the fourth
September, 1869, at ten O'Clock A. NJ.
(Sgned) W. II. COOLEY, Judge.
New Orleans, August 81, 1869.
ANSWER.
l Eilad Gaptanbnr TX 1890