New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-08
ROBERT LIME, Deputy Clerk.
EXPERIMENTAL PETITION.

The supplemental petition of the State OF
Louisiana, through Simeon Belden. Attor-
ney General and Of Francis j. Heron,
| Secretary OF State of the State OF Louisiana,
with respect represents:
That these proceedings have been taken
and are had with the view of maintaining
the said Francis j. Heron, herewith signed
with the State of Louisiana, in possession Of
the office of Secretary OF State, which the
said Francis j. Heron is now legally and
| actually possessing and exercising; that
Jack Wharton, defendant herein, has
threatened and is now attempting in VIC
lation Of the constitution and laws OF the
State, to take forcible possession OF the
office Of Secretary OF State Of the State of
| Louisiana, and ia, by force and arms, assert
| ing a right TO possess and exercise that
office: and that the said defendant, Jack
Wharton, is Furthermore attempting, lille
| gally and uucOnstitutiOnallly TO exercise
certain of the functions pertaining to the
| office of Secretary of State, which are not
actually discharged in the Office Of Secre-
tary Of State, especially the right to sit as
member of the returning board, organized
| for cangassing the returns OF the general
election under the act relative to elections
in the State Of Louisiana.
| The petitioner further represents: That,
! in order to prevent q violation OF the con-
stitution and the laws, and in order to main
tain the said plaintiff in the possession Of
SaIu ohiSo PohaIns C.1oo o. -
COM" W '0 Aol az ny 10 "
anu ~ oiueI " Prev LU nc aS'iu an "
| to obtain possession of the said office OF
| Secretary of State, and in order to prevent
| the said defendant from attempting to exer-
SiSo any u 'no 0ioIo " w IN ~ W
StcEetaiE - Staeo' ~ 9olnS @ny aseS I'en
~ eai,5 az rs, ~ -
| exercise the duties Of a member Of the re-
turning board, under the law relative to
elections in the State of Louisiana, it Is nee
essary that a writ of injunction issue, re-
straining the said defendant from attempt
ing to assert a right to the office of Secreta-
ry Of State. or to exercise any OF the tunc-
| tons of said Office.
Wherefore the petitioner prays that the
sald Whaftoh be clteo 10 answer Ln1s petl-
$3.50 nv roal Whart0n daJerdont
bers;T' fr0,r, e++e1nn+i,,g hv an1 manner ~,
80 -, cLta; IF 10 a+fioa ~
III w UstT -
and ~? irinq Inn the sid T,cL Vhartnn
s., ;rIt =" +bo oo;d n+4;na ~
ntber ,,anner 3Isr Inv icoai nrnceod-
;Tgs j., oaoordanca ui+b To- W a5J ;I,iNiTfno
NJ 90 said JafnnSan+ fron, oS
~ NV ~ - +,,n1 a.,
a" th " ~ Statn an1
ino 80 ~ iiH HSAa ~ of'3t fP
~ =" fr",
an% Of tive otica ~
Secretary OF State, in connection with the
canvass and returns OF the general election
heId throughout Tue SCaIe OF 10y I ISlana 10 on
Cne lOufIn day OF november, l0t< Inc
Petltl0ner pEays 1of general felie1 and lot
costs;
.. beIqeh' Attorney GENERAL y. " a Fei-
lows anu !. iGIuo "a COuuSNIs
fAfidavit.i
Personally anneared The UNDERSIGNED.
who. being duly sworn. saws all the facts
and ALLEGATIONS in the foregoinp Detition
are true.
F. J. HEBRON.
Sworn to and subscribed before me, this
fourteenth dav of November, 1872
ROBERT LYNNE, Deputy Clerk.
opnpp
Ley Inns euppIenhellta5 PGVitloh D5 meg
anu Inc oeiehUants CITED Lei me ueiGho-
anus De oFotFtG 10 SNOW cause Oh SATURDAY
NoNe!hoeL 10, 5o :, aY ~ =. VI! mhy al N
JunctlGh suoulG HoC issue @0 WlUhlh prayed
I9f aug according 10 law; AleanW me let
lLie ueien1 - De oiueLe" W uos!sV ron
actlhg or assuming 10 ao5 as reSufnlhg ON
GERS n1i'ii the Rearing ana detefnlnatlon Oh
Ih 17- rule q -,.,. <r...o..t.o. >, 1910
NE" 014e@ns, -EUfe ~ oTi =; lG'
IiH-'Ni y nD1r-' """ge'
= u Ilue copy, ,,,-,.,, Don,,+-- C;ou1-
ANoDhi'A l '>i' = P"oJ
tAtHdavit of H C. Warmoth ct alsI4
Offered By defendants November 25, 1872.
To +ha Honorable Fiohth District Court IN, the
Parish of Orleans
Tho netitiOn Of the State of Louisiana,
tbrourh Simeon BeldeD. Attorney General.
mon The information of Francis j Heron,
q resident of the civ Of New Orleans. with
rasnect shows. that the said Francis 7
Heron ioined with the State of Louisiana,
ia IagaIiT entitled TO nossession and ia in
actII9I nosenssior Of the Office Of Secretary
If Sto+e nf tho STATE of Lnnisiana. that ho
il entitled to hold and 10 exercise the func-
lions and dntias nj said office until his src-
nnaeor e1ected nj the general election held
in the State of Loulsiana on the fourth dav
nj November. 1872. shall have been law
fnlIv inlucted into the said Office.
The DeJitioDer further represents that one
jack Wharton. a resident of the CITY of
New Orleans, is illegally assuming to be,
and is illegally asserting right to the
possession OF the said office of Secretary of
State, in violation of the constitution and
laws of the State of Louisiana; that the
said Jack Wharton has no color of right or
authority to possess or exercise the func-
tiOns OF the said office, or to possess the
said Office. nut that. nevertheless, be as
enrts himself to be. and assumes to be-
Spcrntarv If State Al aforesaid. and to that
evtent lie said Jack Wharfo1 i iIIegalIv
and unconstitutionally usarping and in
the constitution and laws as aforesaid.
The State OF LOUISIANA, by these proceed-