Semi-weekly Louisianian. [volume] (New Orleans, La.) 1871-1872, 1871-09-21
EIGHTH DISTRICT COURT.


STATE OF LOUISIANA Va. FRANKLIN J.
HERRoN.-To the petition of the At
torney General, proceeding under the
intrusion act, Gen. Heron has filed
the following answer:
Now comes the defendant, F. ]. Her
ron, and for answer says: That be de-
mics al the allegations Of plaintifrs pc
tition not herein specially admitted.
He AYERS that he holds the Office Of
Secretary of State by appointment Of
the Governor, that he was 80 appoint.
ed after the suspension of the informe,
and plaintiff, George E. Bovee, by the
Governor, for malfeasance in Office
that the Governor was empowered and
authorized to make such suspension
and appointment Of respondent on the
following grounds:
l. That the said George E. Bovee
had violated the law and oath of Office
in this: In taking a paper purporting
to be bill Incorporating the Crescent
City Water Works Company, prepared
by Oscar j. Dunn, Lieutenant Govern
or and ex-oficio President of the Sen.
ate, and George W. Carter, Speaker of
the House of Representatives, or by
some other person to respondent un-
known, and certifying that the same
had been presented to the Governor of
the State for his approval, on the 25th
of February, 1871, and that the legal
time for the same had elapsed before
the adjournment of the Legislature
without the return of the same to the
house in which it had originated, and
that thus the bill had become a law.
without the approval of the Governor,
from lapse of time, when the said Boz
wee knew that such was not the fact,
and that he was certifying to that which
he knew to be untrue, in this: That
the paper was not the bill passed by
the Legislature, enrolled by the prop
er committee, and signed by the prop
er officers, as such original bill, but
that the same was an original paper,
p;lrporting to be copy of the original
from which it was made, and with which
1t was never compared.
2. That at the time he, the said b.
wee, gave such certificate, he knew that
the original and only bill passed by the
Legislature, was in the possession of
the Governor, who had refused to ap-
prove, and intended to veto the same.
at the next meeting of the Legisla.
ture.
8. That said Bovee knew when he
gave the said certificate, and so the
fact is that the said original bill was
not presented to the Governor for his
approval five days before the adjourn
ment of the Legislature, and that the
same was not entitled to become law
through any approval or action of his
whateter.
4. That the said Bovee certified that
the said charter OF the Crescent CITY
Water Works Company had become a
law, when he knew that such was not
the case, contrary to the will, consent
and approval of the Governor, and
with the fraudulent intent to injure
the State, and to endeavor to make
that law which did not have the legal
for that purpose.
That the said improper, illegal and
unjust conduct of said Bovee gave the
Governor, who is charged with the
and enforcement of the
laws, the right to suspend him, and
put respondent in his r lace, until the
meeting of the Legislature in January
next.
On motion OF counsel, the Court has
appointed September 9th rs q special
term in which to try the above cause
IN. O. Times.