New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-05
ORLEANS SUNDAY 5

hoe, representing William Edy, OF New
York State.
The suit instituted against the Board of
| State LiuuidatcrS, composed of Governor
Warmoth. John &. Gaines, ESQ President
of the Citizens Bank. and State Auditor
| tableau of the floating debt $l39, 900 of
warrants issued by the late State Auditor
| Nicklitfe, and purchased by Messrs. New
gass & Strauss, exchange brokers. was yes
ter,lay withdrawn by the attorneys for tho
| relator.
The following IS a synopsis of the answer
| filed in this ease:
Respondents specially deny that the
| pieces OF paper called warrants in REALTORS
! petition are warrants of the State of Lou
iSi:,na: they deny that said warrants repre-
sent any claim against the State; they deny
| that there was any appropriation by the
Legislature to meet any such apparent
claims.
They assert that g. ~ Nickliflc was
! Auditor Of the State of Louisiana until his
infamou. and neialious conduct as an
! officer, his cheating and robDin. the treas
| ury OF the State. led 70 his Impeachment by
| the Legislature and removal from office
That previous 10 1aid imrcachlnen: the
said Nicsl;te was suspended from office by
! the Governor. and removed from the build
in. wherein the Auditors Office was held
office the said Nicklitir stole Il SSrtain mum
Der Of forms of warrants before he left, and
filled them up as his ingenuity suggested.
! with names of parties who might pro
baby have claims against the State.
That these So-callcd warrants came into
the possession of the rciat0r long after the
reInns al of said Wicklitle from office, and
under circumstances 50 suspicious that re-
lator cannot claim the ri ight of holder of
| com,nciria! paper icvcn il warrants were
negotiable paperi purchased in good faith
before maturity.
THAT :he law requires that every warrant
drawn hy the Auditor shall he entered in
book kept for thar purpose in such manner
as 20 show the number. date and amount of
such warrant. and the name OF the person
in whose favor and for what purpose drawn
That the said s"-called warrants were not
entered. and the Auditors office contains no
indication of the existence O! any such
paper. that they bear dates of issuance
when it was legally Impossible any such
warrants could have been drawn or any
claim which they pnrport to represent.
That the NAM Of the p.iyecs of said war
rants ar. all torgerics. 50 that rclator can
claim NO title. and the right and tide Of re-
lator is specially denied
That the claim of rclator can in no wav
come within the act "t No. e" as it applies
only 70 debts contracted and ad diusted prior
t" April |. 1870. That the Sn-caIlcd warrants
do E"t in any way represent a deb: of the
state. that the Stat" Of Louisiana is bound
by h'r real officers only VIXEN they ;.c, in
accordance with law, ana chat such an otii-
Gers illegal acts bind only himself and
surctle- and not the State
That Niekilffe WI, not an Officer of the
State when he forged the .ud warrants.
and when he issued The came.
Judge DIhblc prOn!s.s to give a written
-. =.
which Is inl ,rd the conS;itutionality of
the vagrant act, p.s-ot! y. IL" last session o:
the Lee. .i,latnre.
Suit 20 Su;iify m Alleged Marriage Con.
tract.
Simeon Frank Nallich". administrator
etc. Mrs. Dclplne Worm>.--Tic al,-
s'ra.. OF the petition III this suit sets forth,
that Gustavc Daniel Waliirhr died int..-
tate. Doc.mhor -. 1870. leaving the follow
in@ property:
4 certain lot Of ground a.,, brick huilI-
in. III square bounded by st. Louis, Cont
Chartrcs and Exchange alley. paid for by
deceased, VIII" placed the title for the same
il the name OF defendant. val;ie SaO,0Oc.
One lot and frame building in square
bounded by Bien,iile, IRENE. Cont and
MaraiS street; value. :Gt-p
Cash imountin. TO $1,000. amount realized
for sal. of dwelling No. :}! Bi.uyilc street;
t,lr". etc, sIlvrrware. iewclry. railroad !
stocks. and other evi,.enc"s OF property in
favor Of sad Gustave e. Wallche amount ,
inc ~ several thousands of dollars. all Of !
which l. now in the possession Of Mrs. Del I
;hn" WORMS the divorced wifi. of Aaron .
Block. according TO - deere" rendered bv F;
the Fourth District Court. November !
H. lSH
simeon Frank Wa,'.eh, claims that the A.,
only lcca: heir, 70 said property are himself. |,
his wv" sisters and the wife q. the deccaSed; |
and they seek to recover from rilc defendant !
til" possession of the aforesaid property.
1t Is >clamc.l thar the defendant has been !
living with the said Gnstav. d. Niiiche in .
a state Of open adultery since lSH. and !
that "n December :. 10. she and said
Whlliche appeared before a. DUcat4!. no.
tary public. and entered mo u contract in !
contemplation o; marriage. hy which said =,
Nailiohc cond!r;onatlr g disposed of present !
and future property I" said DeiplINc Worms, ,
in Gaze said marriage w;.+cnterrG into.
Petitioner AYERS that r.id contract is null |
and void. as said marriage was never con-
sumnatc.': and furthermore, that the de
cree of divorce. rendered by the Fourth !.
NallichC was witness and said Aaron !
Block was never cited t. aris'a'.
Mi-ce liancOu-.
The cc!abtatcd suits in which III" Chat
tanooCa Eii.rcad - engaged against the
city, the Pcnt"har:rain Railroad aud (harles
Morgan. vii! he resumed tcmo"row. Mr..
A!lI"s Taylor. representing Charles Morgan. |
I" conclude hi, argument on ;h.i: day.
These suits, a> We have before stated. i'll
voi'e the status of the kai,iIc property.
In Boston, on the twcnty-third OF Jan
ualy, according to tho Herald, the morning
was the coolest of tho season. thus far. The
wind was almost directly north and blew
quite freshly. At sunrs. the mercury vas
four degrees below zero 'down town." In
it was eight below, and in other
suburban towns seven, elk. five and four
degrees below. It Wa. a morning when the
window panes were wholly cuvt;ined with
frost, when tho wheels ot the horse cars
,reaked az they rolled .lcn. the tracks,
when pedestrians hurried with !. run, when
he breath CONCEALED on the noustachcs,
md when ears and toes :in.icd. and. alto
.ethcr. it was Il good sample winter morn
ny.
VALUABLE REAL EsrAT:: At Ar,rInN by
THE SHERIFF. - Pavticll!a. attention il
allied to tie sale at auction. to hc made
o-morrow :,t noon, at IL" Merchants and
Auetionee's' Exchange. i.oval street. by
he Sherii. CT the parish .. orleans. of two
;;tlual,;c square, of .ro.:u!. >itua."d in the
'iist District of this civ. ."r tii! par:i- !
u,ar, an, terms, see advrr:;sr.u'n'.