New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-09
THE COURTS.


Ernest Merle VS.. Antoine Dubuclet. State
Treasurer, ct als.-In this case petitioner
represents that Antoine Dubuclet, Iomy
LafOn and Roman Brugier are indebted 10
him in in solido in the sum OF $o9,ool ~
tfifty-nine thousand six hundred and sixty
one dollars and thirty-two cents), with iegal
interest from judicial demand, for TINS, thau
petitioner is the holder and owner OF certain
State warrants, drawn by James Graham
State Auditor, on Antoine DubHclet, state
Treasurer. on warrant No. 1920 for S2I2o;
No. 1915 for s4562: No. 1898 for $1,000; No.
1889 for $1,000: No 1727 for 1919; No: io2S
for 1888 33; No. 1926 for Sic0-making
total of fourteen thousand dollars ana thlr-
ty-three cents.
Represents that on the twentyeighth day
of September. 1870. there was deposited in
the State Treasury by --, State tax col
lector. on the order of the Auditor, the sum
of 81. 100 to the credit of the general fund
that early in the morning of that day, pre-
vious to the arrival at the ofhces or the
Auditor and Treasurer and Of the tax col
lector petitioner. by his agent, j. Mallet,
presented the aforesaid warrants and de-
handed payment of the Treasurer, and was
informed there was no money in the treas
ury: that ON the arrival of the tax cOllec-
tor at the office of the Auditor, and while
the collector was settling his accounts with
the Auditor, this demand was renewed:
that when the collector entered the office OF
the Treasurer with the funds to deposit IN
the treasury. this demand for payment was
again renewed; that while the deposit OF
these funds was making, petitioner, Dy his
agent, once more made the demand, and
even again when the deposit was concluded.
the warrants were presented and demand
for payment made: that then this tax col
lectOr IN violation of law and i'll utter dis
regard Of his duty as public officer, pre-
sented warrants held by himself. when
Dubuclet assistant treasurer turning for
instructions TO Antoine Dubuclet as to which
OF the applicants he should pay, was dl-
rected by the Treasurer to pay the tax col
Icctor, in contempt of the law, which pre-
scrbes payment to the first applicant, IN
breach OF the rules of the Office established
by the Treasurer himself, and in evasion OF
his own positive promise made to petitioner,
that the rule of paving to the first applicant
should be inviolably maintained. Repre-
sents that by this unlawful conduct the
Treasurer, A. Dubuclet. has rendered him
self liable to the penalty imposed by section
1884, Revised Statutes (Rayl. page 10, de-
ining the duties of the office, which declares
that If the Treasurer shall willfully and
Illegally refuse to pay any warrant lawfully
drawn upon the treasury. having the funds
in hand to pay the same he shall be deemed
guilty of q misdemcanOr in office. and upon
conviction thereof. shall he fined in Il sum
of not less than five hundred dollars for the
use of the State. and shall forfeit and pay
to the holder of such warrant tour-told the
amount thereof to be recovered against him
and his security on his official bond"
Represents that petitioner has suffered
special damages to the amount OF thirty
FIVE hundred dollars in the loss he has in
Cured by the failure of the said Dubuclet
to pay the aforesaid warrants in compliance
with his official duty for which amount be
and the sureties on his official bond. Tony
Laton and Roman Brugier, are also liable
III solido.
Represents that four-fold of the amount
of the warrants for which payment was de-
handed makes the sum of 500 0l b: which
added to the sum of $500, makes the sum
of $50, Col -. the amount for which the said
Duhuclet. and the sureties on his official
bond Tony Lafon and Roman Brugier, are
indebted in solidO to petitioner.
Premises considered. petitioner prays
that the said Antoine Dubuclet. Tony La
fon and Roman Blugier be cited To appear
and answer the petition. and after due pro-
ceedings your petitioner have Judgment
against said i. DuDucet. Tony Latcn and
Roman Bru9ier. III solido. for the sum of
S59,66l y. with legal interest from judicial
demand, and for costs and general relief.