New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-20
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THE COURTS.
ThIrd District Court-The Mnltitudlnou
0aiss-The Bevee Struggle for Rein
statement Of General Her
rosa State Treasury Case.
To the application Of the city to enjoir
William j. Grady from instituting twt
thousand one hundred and sixty-eigh
suits against her, before the Sixth Justice
Of the Peace, respondent makes the follow
ing answer:
Now into this honorable court comes Will
Liam j. Grady, respondent, who for answer
and return to the petition and writ of pro
hibition herein served on him, says:
He denies all and singular the allegations
In said petition contained, except as herein
after admitted
He AYERS that he is the lawful transferee
of Henry Michel, the crier Of the Second
District Court for this parish, of all and
singular his respective rights and interest
sand one hundred and sixty -eight suits in
atituted in said court by relator herein,
against . like number Of delinquent tax
payers of said city. and against whom
she obtained judgment in each case re-
spectively.
He AYERS the sum due to said crier was
ono dollar in each separate case wherein
Judgment was rendered. He expressly
AYERS that he has 206s separate and dis
said city, no one of which is in any manner
Whatsoever incidental to or connected with
any other Of said claims. That by law
respondent is entitled to have each Of said
1868 claims specifically and distinctly tried
and adjudicated. and that he has sought the
intervention of . justice OF the peace for
the purpose of enforcing only his rights,
and not for the purpose of multiplying
costs or of involving said relatOr in any
unnecessary litigation.
He expressly AYERS that he has deposited
with said justice the tax in each of said
suits, as required by law.
He alleges that said justice has jurisdic-
ton in the premises, and has in no manner
exceeded the same.
Wherefore, again denying all the allega-
tons not above admitted, respondent prays
that the writs herein sued for be refused
that the provisional writs be quashed and
said writs remanded to said Justices court
to be proceeded in according to law.
Tho case came up for trial on the eight
zenith instant, and was postponed to the first
Monday in October.
Eighth District Court.
State of Louisiana VS.. Franklin j. Her
ron.-T0 the petition of the Attorney Gen.
er2l, proceeding under the intrusion act,
General Heron has filed the following an
aver
Now comes the defendant, F. j. Heron,
and for answer says:
That he denies all the allegations of
plaintiffs petition, not herein specially ad
mitted.
He AYERS that he holds the Office of Sec
rotary of State by appointment Of the Gov
ernor; that he was so appointed after the
suspension Of the informer and plaintiff,
George E. Bovee, by the Governor, for NAL
feasance in Office; that the Governor was
empowered and authorized to make such
suspension and appointment of respondent,
on the following grounds
1. That the said George E. Bovee had
violated the law and oath of office in this
In taking paper, purpOrting to be a bill in
cooperating the Crescent City Waterworks
Company. prepared by Oscar j. Dunn, Lieu |
tenant Governor and ex-OficiO President of
the Senate, and George W. Carter, Speaker
Of the House Of Representatives. or by some
other person to respondent unknown, and
certifying that the same had been presented |
to the Governor Of the State for his APPROX
al, on the twenty-dtth Of February, 1871,
and that the legal time for the same had |
elapsed before the adjournment of the Leg
islature without the return of the same to |
the house in which it originated, and that |
thus the bill had become law, without the
of the Governor, from lapse of
time, when the said BOvee knew that such
was not the fact, and that he was certifying
to that which he knew to he untrue, in this:
That the paper was not the bill passed br
mittee, and signed by the proper officers. |
- such original bill, but that the same was
IN original paper, purporting to be a copy
Of the original from which it was made, and |
with which it was never compared.
2. That At the time he, the said Bovee, |
gave such certificate, he knew that the
original and only bill passed by the Legis- |
lature was in the possession of the Gov.
ernOr. who had refused to approve, and
ing of the Legislature.
3. That said Bovee knew when he gave
the said certificate, and so the fact is. that
the said original bill was not presented to
he Governor for his approval five days be- |
Tore the adjournment of the Legislature,
Ind that the same was not entitled to be- |
some law through any approval or action
u MS Wn0Cever.
4. That said Bovee certified that the said |
charter Of the said Crescent City Water |
works Company had become law, when |
ne knew that such was not the case, con- 1
rary to the will Of the Governor, and with |
The fraudulent intent to injure the State,
and 10 endeav0r to make that law which
lid not have the legal sanction for that pur-
1850.
That TIE same improper, illegal and I'M
ust conduct Of the said Bovee gave the
a0verner, who is charged with the COnserva-
ion and enforcement Of the laws, and the
ight to suspend him and put respondent in
is place, until the next meeting of the Leg
Stature in January next.
On motion of counsel, the court has an.
ointed September q, as special term in
hitch to try the above cause.
State Of Louisiana. ex rel of E. s. Hewett
8. Antoine Dubuclet.-In this case John
lein has fled . petition of intervention ,
I'd third epPosition. praying that the writ I
mandamus applied for BY E. s. Hewett ,
) denied, and that an order issue com
anding the State Treasurer to register