New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-28
THE COURTS.
Eighth District Court.

State of Louisiana eX. rel. james Graham,
Auditor, on application to bond-A petition
has been filed in this case to the following
effect:
The State Louisiana represents that John
McGinty in an er pdyte application and on
exacting bond for $4,000, has procured an
Injunction from this court, restraining James
Graham. State Auditor, from discharging
the duties appertaining to his Office, III dis
posing of or parting with any funds that
may come into his hands as proceeds of the
sale of the levee bonds issued under the act
No. 30 of the Legislature Of Louisiana, ap-
proved February 25, 1870.
Relator represents that the State of Louis
lana is materially interested that the gov
ornamental machinery be not stopped, and
governmental credit be not impaired by
this extraordinary suspension IN litigation
of the entire fund to be paid into the State
treasury, amounting to over S310.OO0,
arising from the sale of the aforementioned
bonds by the efforts of private individual
to obtain an unjust preference over other
parties holding warrants like himself, to be
paid out of this fund.
RelatOr represents that during the entire
pending of the litigation now inaugurated,
the State Auditor and the State Treasurer
will be unable to use the funds or any pOr-
ton of them, arising from the sale Of the
$4,000, 900 of bonds, and the State will be
deprived of the benefit accruins from the
maintenance of her credit, which is essen
tally necessary with reference to a fund to
be applied to constructing. repairing and
preserving an efficient levee system IN thi $
State.
The premises considered, the State OF Lou
isiana, acting herein thorough its Auditor,
asks to be allowed the privilege granted to
every defendant of relieving an injunction
by the execution OF bond in favor Of plain
tiff but being dispossessed from giving
bond. the State asks that the injunction be
| dissolved, leaving the injury, which peti-
toner does not allege TO be irreparable, to
be compensated by legislative enactment, if
any should result from the removal OF an
impeachment to the working of an important
department of the government.
(Signed) JOHN II. NEW,
Acting Attorney General
The petition is sworn 10 by Governor II.
G.. Warmoth.
On the above showing. Judge Emmerson
ordered that the plaintiff, john McGinty,
show cause why this application should not
be granted, on Monday, twenty-ninth IL
slant.
State ex rel. John Dolhonde vs.. James
Graham. State Misunderstanding Attorney
General Major John H. New, has filed a
petition in this case substantially as fol-
lows:
PetltlOOer states tndt Ni4S ticLtIOLHtS, On
an er poy,te application and on executing a
bond for five thousand dollars, has procured
an injunction from this court, restraining
James Graham, State Auditor, from dis
charging the duties appertaining to his po-
sition, in disposing of or parting with any
funds that may come into his hands, as pro
ceeds of the sale of the levee bonds issued
| under the act of the Legislature No. 81, APP
proved February 25, 1870.
Petitioner represents that the State OF
Louisiana is materially interested that the
| governmental machine be not stopped, and
governmental credit be not impaired, by
this extraordinary suspension in litigation,
of this entire fund, to be paid into the State
| treasury, amounting to over $500, 900, arts
| ing from the sale of the aforementioned
bonds, by the effort of private individual
| to obtain an unjust preference over other
parties holding warrants of like descrip-
| ton.
The claim is identical in form with the
one one above reported, and Judge Emmer-
son made the same order, returRable on the
twenty ninth instant.