New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-04-11

The COURTS.
Eighth District Court.
stnte Of Louisiana ex rel H. C. Wsrnn0th,
sfyoverner vs.. James Graham ct als.-The
Eiwhth District court room. Judge Dibble
nreSiding, was crowded this morning by
1xseunhere Of the State Legislature, brokers
and other holders OF recently issued State
werrants. State officials and others in
terested in the progress OF the smt OF the
state Of Louisiana ex rel. Governor ID: =.
Warmoth vs. the State Auditor, the Speaker
.ef the House of Representatives (GeOrge
~. Carter), the Warrant Clerk II. Pinck-
,nev Smith, and the several committees Of
the General Assembly concerned.
Upon the calling of the case Mr.. King, OF
r. 7irm Of Fillmore & King, addressing the
court said that he appeared with Mr. Ran
dolph. Of the firm Of Messrs. Randolph, Sin
.ele6on and Brown, for the parties holding
the warrants alleged to have been issued
said that they desired to intervene in their
behalf, but must ask, in consequence OF the
short notice given, for 3 few days delay to
urepere their pleadings. They were, how
.Aver. extremely anxious to have the matter
brought up for judicial decision within the
shortest possible time, and to dispose OF all
the issues growing out OF the suit. He
asked for the delay simply for the purpose
of preparing the. necessary pleading fOr the
intervention Of his clenU and for no other
NJ, Semmes, Of counsel for the Governor,
objected to the Intervention Of the parties
represented by the counsel.
The question presented only an issue be-
tween officers of the State government, and
in which outside parties had nothing to do
20 far a. the injunction prayed tor in the
lA( ~ ne al
If the Secretary OF the House OF Repre-
eentatives came in and said that the res0lll-
lions upon which the warrants have been
issued BY the Warrant Clerk are false and
fraudulent, no outsider could have anything
to cav. The issue could not be converted
into . moneyed claim. No Intervention
could lie, a. the case at bar was summary
proceeding, and the parties interested could
mt have Trial BY jury,
tntents and purposes your injunction al
ready, foD the order upon which the rule
mis-; il taken is restraining one. If my
sclients have mo- right to intervene, the court
can 20 decide when passing upon our inter-
venti0h, not now upon the rule nisi for an
Injunction
M. King said that in fact the only parties
1T AL interested in the judgment as to
whether the resolutions are or are not
Aolders of the warrants issued in conformity
Wifh them.
1t would be monstrous wrong, he con-
toaded. ii the court should decide, as Mr..
Semmes commended that they had not the
1ikht to intervene in a matter in which their
Ei3hta might be seriously jeopardized by q
dIdxueme If the court against them. He
oSooo1 - 90 arrange his pleadings that
= cate vould be finally disposed Of within
"a djd mot propose to change the charac-
Or Of the suit. He only proposed to show
TT the charges contained in the petition
are untrue, and that the resolutions alleged
% b spurious, in the petition of the Gov
ernor, we're duly and regularly passed and
De thought, therefore, that with little
.amiABility ON the part of counsel, and with
ont anybody suffering in the least, the case
could be worked along smoothly.
At the suggestion Of Judge Dibble, who
has Just returned to the city, and who was
absent when the petition was fled, MIR.
.Semmes read the petition of the Governor.
He called the attention of the court to
the two classes of proceeding inaugurated
i'm the petition-the first class to arrest any
further expenditures by the committees,
planned Of, while the legality Of their action
was being inquired into; the second class,
to institute an investigation into all war
rants u tho hands Of the public which have
been issued during the last session for
mileage and per diem expenses, and the or
der restraining the Auditor from issuing
any more certificates of Indebtedness flor
they were not warfants) until those already
issued could be examined into by auditors
spp0inted by this honorable court.
The counsel asks, continued Mr.. Semmes,
that you shall NOT pass upon this rule nisi.
IL there was ever Q case presented to .
court that demanded an injunction. this is
&ll<t case. The counsel have not fled any
oAldavit attempting to contradict the ale
Rutions in our petition, which, for the pur-
poses of IN injunction, must be received by
the court - true.
NJ An intervenOr should always be ready for
trial. Here you are asked to arrest the
trial Of the cause at the instance Of third
parties who have not filed single paper in
court. sas.-a5s s.,
Let them get ready and intervene. He
never heard Of cause being delayed simply
to allow party to get ready to intervene.
This Is not their only remedy. When they
are ready, they can have their remedy BY .
direct action. 49,
The application of counsel was unheard
of in the practice of Louisiana. We have
.already given notice to witnesses to appear
and give their testim0ny-testimony that is
.all-important to the suit By delay, these
Witnesses may disappear. We have given
counsel NO notice that we intended to take
testimony to-day, because we knew nothing
of their desire to intervene and become par
ties to the proceedings.
The Court: Who do You addressing Mr..
.King) propose to intervene for?
Mr.. King: Several parties in interest.
Mr.. Semmes to Mr.. King: Who are they;
can't you name them?
MIR. King: Yes can; there is Mr.. An
tome, Mr.. Barrow and Mr.. Thompson.
Mr.. Selnmes: Is Mr.. Carter Of them
Mr.. King: l cannot say whether Mr..
Garter il the holder of any Of the warrants,
Int have seen and talked with him, and
know he takes an interest in the case.
judge Dibble: No evidence can be taken
sroe the rule nisi. Under the recent ruling
ok this court defendants are permitted to
ale afiideyits in opposition to the allegations
81 petitioners for injunctions, and REALTORS
may also file afidavits; beyond this no EVIL
Aence can be taken.
g Judge Dibhlo to Mr.. Semmes: I have nc
oubt that any one setting up an interest
v6f over 800 IN the warrants which may be
ieupardized in this. trial. can intervene in
their own behalf. AZ . general rule, how
everiAn interyeneoean not delay the trial
of ascausc.
Mr. Randolph: All we want, may it please
the court, istO be heard in our own defense
If the warlunts are fraudulent We dom
want them. The Injunction already is effec
-stual 90 far "a the REALTORS could wish.
Judge Dibble said the only question which
would be before the court is whether the al
Legations in the petition are true and the re
1ntQrs entitled to q perpetual Injunction.
AZ the parties intervening claimed sum
cient interest he must give them time Z