New Orleans Republican., 1871-04-07

thereby arrest tho ftauds abOut being per-
petrated ON tho State. And that James
6rahsm be cited to appear and answer this
petition: and. after duo proceedings, the in
Junction be made perpetual, and IN order
be made discriminating between vouchers
on which warrants have been issued that
are bona fde and based upon legitimate
considerations. and those which are false
and fraudulent; and the warrants issued ON
fraudulent vouchers be declared void, 60
that justice may be done. And petitioner
prsys for general relief
AFFIDAVIT.
Henry C. Warmoth, being duly sworn,
saws the facts and allegations in the fore
going petition stated are true, and those
stated ON information he believes to be true,
and that he, as Governor of this State, has
authorized the institution of this suit.
H. c. WARMOTH.
Sworn to and subscribed before me, this
- D. N. fENNISON, Deputy Clerk.
Orler.-Let the defendant be ordered
to show cause on Monday, April 10, 1871,
ct 1OA. NJ, why an injunction should mot
issue as within prayed for and according
to law; and further, let the defendant be
ordered to desist from the acts complained
of until the hearing and disposition of this
rule. This order is made without bond.
( 6 PAUL E. THEARD,
Judge Fourth District Court,
Acting in absence Of H. C. Dibble, Judge of
this court.
The Iajunction Against the state Treas.
This is petition for an injunction against
the State Treasurer, enjoining him from
registering or paying any more legislative
warrants, ON the ground that they are
issued without the authority Of law end in
violation Of the constitution, which restricts
the members to eight dollars per diem, and
f0rbids the payment OF any money out OF
the treasury without specific apprOpria-
ton made by law-many Of these warrants
having been issued under House and Senate
resolutions, many without specifying the
particular object for which the payment
fs made, and many for extra pay to officers,
employees "or not" Constitution articles
36 and l04-old act No. Is of 1869.
Also to enjOin the Treasurer from paying
any warrant issued under any contract
made and entered into since the adoption
of the third amendment of the State cOnsti-
tution-the contract being held to create
additional debt. Third amendment.
Also, to eniOin the State Treasurer from
paving any warrant issued for school or
charitable purposes, except such a. may be
paid cut of the funds arising from the poll
tax and sales or rent of lands; and except
ing warrants issued to institutions for the
snDport and education of the deaf, dumb
and blind.
That under article l2C of the constitution,
the several parishes are required to support
their own poor and their own charitable
institutions, and the schools are supported
out of the proceeds of public scho"l laws
and the poll taxi. e., ''by tax or other
wise.n
Petitioner represents that he is the holder
of State warrants issued by the Auditor Of
Public Accounts for salaries of officers and
other legitimate expenses of the govern
ment, and that the State Treasurer has re-
| fused to pay him because he is engaged in
| paving preference warrants of the General
Assembly, by which action he has lost much
| and il in imminent danger of losing much
more unless the Treasurer be enjoined from
paying any moro such unauthorized aud
The rule is made returnable ON Wednes-
day next, April IL, and in the meantime the
| State Treasurer is forbidden to do any of
| the things complained of.
OrderSTO A. Dubuclet, greeting-W. H.
BENJAMIN vs. A. Dubuclet, No. 489: You are
hereby commanded, in the name Of the
| State of Louisiana and of the Eighth Dis
trict Court for the parish Of Orleans, to
| show cause, ON Wednesday. the twelfth day
| Of April, 1871, at ten O'Clock A. NJ. why an
Injunction should not issue against you as
prayed for in the petition fled in this case,
/ to wit, enjoining and restraining you from
| registering any warrant for payment, or
| from paying any warrant registered for the
payment Of the mileage, per diem and
contingent expenses of the General Assem-
| bly,, the officers supplies, etc, without q
specific appropriation made by law, de.
| fning the nature of the service rendered
or expenditure incurred. or property pur-
chased and the name of the person entitled
| to be paid, and further, from paying any
warrant issued for school or charitable pur-
| poses other than the institutions provided
| for in the article l43 of the constitution; and
further, from paying any warrant issued
| for public printing done under any contract
dated since December 81, 1870, or any war
rants drawn under any form OF contract
made or entered into since December 81,
| 1870. And you are ordered to desist from
the acts above complained of until the hear
ing and determination of this rule.
And you are SO enjOined until the further
order Of this honorable court.
Witness the Hon. Charles NJ. Emerson,
Judge of the Fifth District Court, acting in
the absence of the Hon. Henry C. Dibble,
Judge of our said court, this sixth day of
eight hundred and seventy-one, and in the
ninety fifth year Of the Independence Of the
United States.
sixth District Court-Suit Against the
City by n School Teacher and q City
Gardener.
Miss Louisa A. Cavidaly, one of the
teachers connected with the public schools
of our city, has brought suit in the Sixth
District Court to recover from the city Of
New Orleans the sum of three hundred and
ninety dollars, with legal interest, etc.
The petitioner alleges that for many
years she has been employed as u
teacher in the public schools of this city,
and has served rs principal in the Webster
school for about fifteen years.
That in 1869 she was employed by the
Board of School Directors a. principal of
said school, for the year beginning the first
Monday in September, 1869, and ending the
first Monday in September, 1870, at the
That she entered upon her duties at the
opening of the term, and faithfully dis
| charged the same until the third day of
May, 1870. when she was, without cause or
| prOvOcatiOn, in violation of her contract,
| and against her will and consent, notified
| that her services were NO longer required,
and was thereupOn dismissed.
She AYERS that she received her salary up
to the third of May, but that the remainder,
$500, is still due her. Wherefore she prays,
etc.
Thomas Wallace, late city gardener, and
| we'll known as the late custodian of Jack
son square, has brought two suits against
the city for $500 each, to wit:
l. For services rendered the city in pre-
pairing plans. specifications, drafts and
painting for the purpose of improving and
Ornamenting AnnunciatiOn square.
2. For $4,000 velvet plants cold and de