New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-12
THE COURTS.
o.
sixth District Court

sixth District Court. %
In this court there has been fled by a
citizen of New Orleans q petluon TOR dl-
yorce from his wife. setting forth that he
has been very unhappy in his marital reid
tiops, the trouble commencing ten days
after VOWS had been pledged before the.
marriage altar.
He stated that they: were married in the
year 1871, and that directly thereafter his
wife commenced system of abusive and
outrageous acts toward him, which con-
sisted of her being quaFrelsome, dis
obedient, O. non-discharge Of household
duties, etc. .tIs .. n
she resorted TO personal violence and capped
the climax by pulling his hair and ears
upon two separate occasions to wit; August
9 and -. II. tE...
For all of which he desires that the
siIken N bonds may be severed by the
strong arm of justice .. a.-
The coming fall docket at our courts
promises to be full of divorce cases, the ex-
traordinary facilities afforded by our State
laws presenting inducements vastly SUI
perior to those offered by even the State OF
Illinois, thai. heretofofe Mecca Of weary
hearts. =. re-. d
divorces without the, usual condition OF
certain time of residence within the limits
of the State, the, provisions being that IN
TEMPERANCE, cruel treatment. or any con-
duct repugnantto the marriage covenant,
viii be sufficient to entitle the pehnoner TO
divorce. r. e. -.fh .,ot.a F
Eighth District .Court-Tss State secre.
taryship Imbrogfio. aa
The Attorney General has filed the fol-
lowing petition before this court, under the
intrusion act, in the matter of the recent
eiectrnent Of George E. Boyee from the
office of Secretary of State:
To the Honorable the Judge Of the Eighth District
Court in and for the parish of orleans, in the
State of Louisiana
The petition of the State of Louisiana,
represented by Simeon Belden. Attorney
General of said State in his official capa-
city as aforesaid, respectfully represents
upon the information of George L. Bovee,
Secretary of State of the State of Louisiana,
who is joined with the State of Louisiana,
and made party complaining and plaintiff.
That said George E. Bovee was elected
Secretary of State of Louisianaat the gen.
eral election held on the seventeenth and
eighteenth days Of April, in the year A. u.
1868. casa 81 ~. afro. IN ..-.'oa
That the term of said office under the
constitution of the State of Louisiana is
four years, and the salary thereof three
thousand dollars. -'c -
Now petitioner represents that sad
said, qualified az required by law. was
commissioned by the Governor of Louis
lana, Henry C.. Warmoth, assumed the dn-
ties of said Office about the fifteenth day of
June, AID. 1868, and continued to exercise
and perform the duties of Secretary OF
State as aforesaid until the twenty-ninth
day of August, A. D. 1871, when he was
forcibly elected FROM the Office OF. Secretary
of State by Franklin j. Heron, q resident
of the city of New Orleans, assisted by
Superintendent Badger, Captain Edge
worth, and three other persons belonging
to the Metropolitan police of the city Of
New Orleans
That having elected said Bovee, Seere.
tarv of State as aforesaid, the said Franklin
j. Heron took possession of the seal of the
State of Louisiana the State archives, and
all papers belonging to the State OF Louis
lana, which by law belong TO the custody
and keeping of the Secretary of State.
That said Franklin j. Heron has thus
usurped, intruded into, and is now unlaw-
fully holding and exercising the functions
and duties of Secretary of State of the
State of Louisiana, a public Office created
by the constitution of the State of Louisi-
ana. 49,.
That said Heron pretends to exercise
said functions by virtue of authority from
his Excellency Fl. c. Warmoth, Governor
of the State of Louisiana.
But the petitioners aver that the term of
Office of George Z, Bovee not having ex-
PRED, and there being no vacancy therein,
that the Governor. of Louisiana was with
out authority of law to either remove or
suspend said Boyee from the exercise of
the functions and duties of said office.
That said Bovee holds his Office by virtue
Of his election thereto, under the eonstitu-
ton of the State, and that his tenor of
office does not depend upon executive will,
but is fixed and limited by the organic law
of the State Of Louisiana. re- ~. .-
That said BoYee is Secretary of State as
aforesaid, and entitled to exercise the du-
ties and functions thereof. Petitioners fur
Their represent that the amount of money in
controversy apart from the question of
title TO office, exceeds the sum OF five hun
dred dollars. r..,.+ I'd. ....t .. ..-.
Wherefore, the premises considered, Pc
titioners pray that the said Franklin j..
Heron be duly cited to appear and answer
the allegations and demands contained in
this petition, and after due and legal pro-
ceedings had, that there be Judgment in
favor ofplaintiff, decreeing George E. Bovee
to be Secretary of the State of Louisiana,
and as such entitled to exercise all the du-
ties pertaining to said Office, and entitled to
the custody and keeping of the seal of the
State of louisiana with the archives, books
and papers belonging to the said State, and
that he be put in possession thereof, and
maintained in said office; and further, that
said Heron be decreed to have usurped
and intruded into said office of Secretary of
State, and as such, is unlawfully holding
and exercising the functions and duties OF
said office of Secretary of State as aforesaid,
a pubic office under the constitution of the
state OF Louisiana, and that he deliver the
same to George E. Bovee, with everything
pertaining thereto, and taken possession Of
as aforesaid. -'l.. .3i :