New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-19

back and Anderson being candidates for
office were disqualified; that the board was
then reduced to Governor WarmOth, Secre-
tarv of State Heron and Mr.. John Lynch;
that the board then proceeded to ill the
vacancy by the election of Jacob Hawkins
and James Longstreet, and they were there
fore properly organized to proceed to can
vass Now the SAID defendant, Fl. G. War
moth, refused to open the statements OF
supervisors in the parishes III the presence
of the returning officers, being influenced
in such refusal by the fear that the
board would make due investigation
0f the truthfulness of such statements, and
that the scheme for excluding unlawful
ballots would be defeated, or that evidence
of the frauds and the fact that large
number of persons had been denleu the
right to vote, would be discovered and used
aud be Of avail in any action instituted by
vo,rr orator to determine his right to the
office of Governor That the said II. e.
Walmoth made frivolous excuses for not
discharging his duty, and, without author
ity, proceeded to eject f. J. Heron from
the office Of Secretary of State and to ap-
point Jack Wharton, and the latter, willing
TO aid in this scheme, pretended to be Score
tary of State, and as such member OF the
board. Then the said Warmoth, combining
with the said Wharton, proceeded to
elect as members X. FL. Hatch and
Durant D4Ponte, and though well
aware of the fraudulent nature of
the proceedings, and that none
but the defendant, Warmoth, had any col
orableTight to sit
The bill which is a lengthy one, goes
on to say that the aforesaid statements
were opened and submitted to the con
spirators and examined, in order to make
pretended canvass and defeat hel-
logg for Governor of the State; that the
board proceeded to destroy returns, that
the pretended returns might result IN the
election OF McEnery. The averment is also
made thatsthe orator is entitled to an honest
canvass, and that he believes the whole
machinery of the State will be used to de-
feat his election unless the defendants are
restrained.
Wherefore the injunction published in
Saturdays extra) is prayed for, and was
served.
United States District Court.
The court opened for the term yesterday,
his honor Judge DureIl in his seat, and i'm
mediately went into business, of which the
following is an abstract:
Exception in the following cases we're set
for trial as specified:
William Smith vs, steamer Royal George,
twenty-first Instant
J. r, Reddick va. steamer Katie, twenty
fifth instant. Fl. w. Miller, administrator
Of plaintiffs succession, authorized to ap
pear and prosecute the cause.
j. NJ. Mathery VIZ. schooner Sallie Ann.
| Libeant having been settled with outside
OF court, claimants and security are re-
Quired to show cause Oh the twenty-secOnd
why Droctors fee be not paid to proctor
for libblant.
w. I'll Lecer VS.. ship Yictory.-H. G.
Hewitt to show cause On the twentieth in
stant at II A. NJ, why bill for appraisrment
should not be dismissed.
Merchants Mutual Insurance Company
against steamers Richmond and Sabine
Set for trial ON the sixteenth Of December.
Firemen's and FIVE other insurance COM
panies' suits against the steamer Katie
Set for trial on the twenty fifth of Novem-
Der.
And the following defaults were taken:
W. B. Ferguson and three other parties
against the ship Victory and owners.-Libel
pro Co9fesSo.
G. Sohles & Co., VS.. steamer Tahlequah.
A. S. Jordan va. steamer Hornet.
L. johnson VS. steamer Hunter
United States Commissioner WUEfeys
The returns from the country parishes
are now being compiled 1t Il understood
the returns of the congressional vote have
not vet been all received, and to this time
no conclusion has been reached as to this
vote.
The marshals recently appointed under
| the new law for election were being paid
off yesterday.
A protest was filed by H. r. Hubert,
United States supervisor, against counting
any and all votes found in ballot box, poll
| ten second election precinct, for the fol
| lowing reasons:
| /. The box was found without any seal
on the drop hole and without any seal on
the lock or key hole.
t,I1 HON hot %hn 1hC
| of $50 persons were erased as having voted.
and the written lists show the names OF 49j
persons, while the box contained 592 votes
3 The seals were broken by twelve
o'clock at night Monday, November 4, when
the box was brought to the Institute.
T. The United States supervisors seeing
the condition of the box, drew the attention
of Registrar Blanchard to the fact that eho
seals were torn off.
The Supreme Courts
This tribunal was in session yesterday
morning.
Present-Chief Justice Ludeling and JUS
tees Howell, Taliaferro and Howe.
Absent-Iustce WHY.
The following decisions were rendered:
State ex rel. James Graham. Auditor, VS..
Judge of the Eighth District C0uct.-In this
case the Telator shows that he appealed sus-
penslvely from jud gment against him in
u
of State Assessors VS.. James Graham, Audi
tor, in the Eighth District Court for the
parish of Orleans, and that after he had
filed the transcript Of appeal in this court
proceedings were instituted against him in
the lower court to dismiss the appeal and
execute the judgment appealed from by
him, and that in pursuance thereof he was
imprisoned on the order of the judge q quo
Tor contempt in not executing the said judg-
ment. He, therefore, asked fora writ of
prohibition.
The answer of the district judge is in sub
stance that the above named suit was tried
contradictorily with the Attorney General,
who alone has the control of said case; that
by act twenty-one Of 1872 the Auditor is
forbidden to appear or employ counsel TO
defend suits against him; that the lower
court was without authority to grant him
the appeal in question, and this court
to entertain it, the Attorney General
not having appealed and having con-
sented to dismiss the appeal granted
to the Auditor. Justice Howell, ii pass
ing on the case, says that without ex-
pressing an opinion upon the whole scope
and the constitutionality of the act referred
to- it is sufficient in the ease to say that it
does in certain contingencies authorize
other counsel than the Attorney General to
act for the Auditor of the State, and from
the averments before us without objection
the counsel who acted in obtaining and
bringing up the appeal ia this instance ap-
pear to have been duly authorized to do 80,
and further, that when an appeal has once
been taken, the consent of the parties there
to is Intellectual to dismiss it without the
action thereon of this court
Under these circumstances the said ap-
peal is still pending in this court and the
lower court is unquestionably exceeding its