New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-03
s.


CH J. 1910 SUPPLEME
Of the State Of Loujsisna, daily issued and
signed BY q. II. Wickliffe. to the amount of
$42 40 %, which certificates, duly num-
bered, are herewith filed; that said relator
10 entitled, on the presentation of said GER
tihcates, to warrant on the Treasurer of the
state, but that the said Auditor illegally re-
fuses to receive said certificates and to issue
the warrants to which relator is entitled.
wherefore It is prayed by the petitioner
mat q. NJ. Wickliffe, Auditor of
the State OF louisiana, do show
cause on Saturday, nineteenth of June, 1869,
az ~ A. NJ, why peremptory mandamus
should not issue against him, Commanding
MN TO receive the certificates of relator
herewith filed, and grant to said relator the
warrants on the treasury, to which he is
entitled under the suit, and by virtue of said
certificates.
And petitioner prays for general relief and
for costs.
(signed) ALEXANDER WALKER,
Attorney Cor Relator.
AFFIDAVIT.
Samuel Smith being duly sworn, says, the
iaets set forth in the foregoing petition are
lsigned) SAMUEL SMITH.
Sworn to and subscribed before me this
seventeenth of June, 1869.
(signed) A. SHELLY,
Second Justice Of the Peace.
ORDER OF COURT ANNEXED TO PETITION.
Let writ Of mandanus issue herein as
within prayed for and according to law.
New Orleans. June II, 1869.
lslgned) CHARLES BEAUMONT,
Judge.
ANSWER AND EXCEPTION.
Filed June IS, 1869.
State of Louisiana ex REL, Samuel Smith
vs.. G. NJ. Wickliffe, Auditor, etc., No. $40.
Now comes defendant into court, and per-
emptorily excerpts to the jurisdiction of your
honorable court, upon the grounds that be-
ing an executive State officer of
the highest grade, and the execu-
tive being q coordinate department
judicial, and of equal dignity and power in
this respective sphere, defendent is not SUBJ
ject to mandamus from your honorable
court.
But in case this honorable court shall
override this exception, then, in that case,
reserving all privileges and rights under
this exception, defendant respectfully an
swers:
l. Petitioner has never made application
to me rs Auditor for the auditing of any
such amount of certificates as he swears to
in his petition.
2. The entire appropriation for printing
being exhausted, it is impossible for me to
issue warrants as prayed for.
Wherefore, the premises considered, de-
PENDANT prays that this case be dismissed at
PLAINTIFF costs, and for all general and
equitable relief.
(Signed) G. N. W1CKLIFFE,
Auditor.
June 10, 1869.
State Of Louisiana ex rel. Sam. Smith vs..
G. M. Wickliffe, Auditor. etc.-No. $40.
This cause came ON this day for trial,
Alexander Walker for relator.
Defendant absent and not represented.
When. after hearing evidence. the law and
said evidence being in favor OF the relator,
it ia ordered, adjudged and decresd that
the mandamus herein prayed for be made
peremptOry and accordingly that the defend.
ant. G. NJ. Wickliffe, Auditor, etc, be Or
dered to receive the certificates OF the relator
fled with the petition herein, and give to
said relator the warrants ON the Treasury to
which he is entitled under the law, and by
virtue of said certificates. 1t is further or
dered that defendant pay costs.
Judgment rendered June 10, 1869. Signed
June Is, 1869.
Judge,
PETITION OF APPEAL
Filed July s. 1869.
State of Louisiana ex rel. Samuel Smith
VS.. G. NJ. Wicklitfe, Auditor, ETC. No. 62O.
To the Honorable the Judge of the Fifth District
The petition of G. M. Wicklitfe, Auditor
of Pubic Accounts OF the State of Louisiana,
with respect, represents:
That he is a defendant in his official
capacity as Auditor of Public Accounts of
| the State of Louisiana, in the suit of the
| State of Louisiana on the relation Of Samuel
| Smith vs.. G. NJ. Wickliffe, Auditor, etc., and
| peremptory, and judgment to that effect
| signed On the twenty-fifth day of June,
| 1869; said mandamus suit being No. go on
the docket of this honorable court.
| Now, petitioner alleges that he has been
aggrieved by this judgment, and prays for a
suspensive appeal to the Supreme Court of
the State of Louisiana, upon petitioner furn-
ishing bond and security in such sum rs the
honorable Judge Of this court may fix. He
prays for notice of this appeal to relator.
| and for general relief in the premises.
(Signed) SIMEON BELDEN,
| Attorney for Auditor, etc.
ORDER OF COURT ANNEXED T0 ABOVE PETITION.
| Let suspensive appeal be granted as
prayed for, returnable to the Supreme Court
! of Louisiana on the first Monday of Decem.
Der, 1869, upon G. NJ. Wickliffe, Auditor OF
Public Accounts of the State Of Louisiana,
| furnishing bond and security, conditioned
as the law requires, IN the sum Of five
| hundred dollars.
isigned) CHAs. BEAUMONT,
Judge.
| LERK's CERTIFICATE.
State of Louisiana-Fifth District Court
for the parish of Orleans.-I. Louis Power,
Clerk of the Fifth District Court for the
parish of Orleans, and as such duly com.
| missioned and sworn, do hereby certify that
the foregoing ten Q0) pages contain true
and correct transcript of the petition, an
| swer and judgment and petition Of appeal,
| filed in the case wherein the State of Lou
isiana ex rel. Sam Smith is plaintiff and G
M. Wicklitfe, Auditor, etc., is defendant, the
same being numbered $40 of the docket Of
the Fifth District Court for the parish Of
Orleans.
In testimony whereof have hereuntO sci
my hand and affixed the seal Of our said
court at the city of New Orleans this nine
| teenth day of February, in the year of oul
Lord one thousand eight hundred and sixty
nine, and the ninety-fourth year of the in
dependence of the United States of Amer
| lea.
(Signed) LOUIS POWER,
Clerk.
Respondent offers in evidence the follow
ing records of the two cases in the First
District Court against Mr.. Wickliffe, for the
purpose of showing that these two cases
the Patrice Leonard case and the case O
warrant No. l071-were tried before thi.
court, and Mr.. Wickliffe acquitted, to wit:
The State of Louislana-First Judicia
Districts. S-Parsh of Orleans.-Firs
District Court for the Parish of Orleans.
The Grand Jurors for the State of Louis