New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-08


Office Affiant, with the minutes OF the pro-
cBedings in his possession and IN company
with f. j. Heron, left the room; that he
went without delay to his room, at once
proceeded to put the proceedings OF the
board in form while the whole thing was
fresh in his mind. and that thesexhibit Is
a correct copy,0f those minutes, and that
the minutes are true and correct lha1
subsequently, on the same day, atfiant ana
F. j. Heron jointly notified James Long
| street and Jacob Hawkins OF their appoint
meut, ana received from them inc cefI VI
/ cate of the oath of office as returning ON
| GERS, and saw the oath administered oy the
| Chief Justice LudeHng an on the same
| day Atfiant further says that when he, on
| consultation with the Secretary OF State,
| RI Heron, had concluded that James
! Lonpstreet aud Jacob Hawkins being, as he
believed and does believe, fair and Just men,
| would be suitable persons to ill the yacan-
CIV caused by the disqualification OF Messrs.
| Pinchback and Anderson, and lie attended
the meeting of the board, the Two sessions
| held BIZ the board on Tuesday and Wednes-
day, the twelfth and thirteenth instant,
! with intention of voting for them to till said
/ vacancies. JOHN IfNCH.
Sworn and subscribed to before me, this
nineteenth day Of November, 1872.
THOMAS LYNNE, Clerk.
| Filed November 10, 1872.
o. NJ. TENNIsOS, Deputy Clerk.
A true copy:
RoBERr Lynne, Deputy Clerk.
fcopy of record of and affdavits in suit No.
1856, in Eighth District Court for the parish of
| Orleans
To the Honorable the Eighth District Court for the
| Parish OF Orleans:
The petition of the State of Louisiana,
| through Simeon Belden, Attorney General,
| upon the information Of Francis j. Heron,
| a resident of the CITY of New Orleans, with
respect, shows:
That the said Francis J. Heron, joined
with the State of Louisiana, IL legally en-
| titled to possession. and is IN actual posses
sion Of the office Of Secretary OF the State
Of Louisiana that he is entitled to hold
and to exercise the functions and duties Of
said office until his successor, elected at the
general election held in the State of Louisi-
ana, on the fourth day of November, 1872,
shall have been lawfully indicted into the
said Office.
The petitioner further represents that one
Jack Wharton, q resident Of the city Of
New Orleans, is illegally assuming to be,
and is illegally asserting a right to the pos
session 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-
tons Of the said office, or to possess the
himself to be and assumes to be Secretary of
State as aforesaid and to that extent the
said Jack Wharton is Illegally and uncon-
stitutionally usurping and intrudi1g into
the said office, in violation OF the constitu-
ton and laws as aforesaid.
The State OF louisiana by these proceed
ings, joins the said Francis j. Heron here
with, and prays that the said Jack Nhar-
ton may be cited to appear and answer
these proceedings; and that, after all due
and legal proceedings had that he may be
decreed to be usurping, intruding into, and
unlawfully assuming OF asserting the right
| to exercise the functions Of the office OF
Secretary of State as aforesaid. And
furthermore, the petitioners pray that a
judgment may be rendered in favor of the
plaintiff, and in favor Of the said Francis j..
| Heron, Secretary Of State as aforesaid,
herewith joined with the State of Louisi-
ana, decr6eing the said Francis j. Heron
to be entitled to have and to hold the office
OF Secretary Of State, and to be entitled TO
exercise the functions of said office: and
that the decree may be SO rendered as to
maintain him in possession of said office
until his successor has been indicted into
office as aforesaid.
The petitioner prays for all such further
and general relief as the exigencies Of the
case may demand or the law warrant and
for coste.
Simeon BeIdeD, Attorney General Of Lou
isiana; A, p. Field and j. Q. A. Fellows, Of
counsel.
Filed November Il, 1872.
ROBERT Lynne, Deputy Clerk.
To the Honorable Eighth District Court for tile
Parish OF Orleans:
The supplemental petition OF the State of
Louisiana, through Simeon Belden, Attor-
ney General, and Of Francis j. Heron, Sec
rotary 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 ]. Heron, herewith Joined
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 viola
ton 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 is, by force and arms, as
sorting right to possess and exercise that
Office; and that the said defendant, Jack
Wharton, Is furthermore attempting, lille
gally and unconstituuonally, to exercise
certain of the functiors pertaining TO the
| office OF Secretary of State, which are
not actually discharged in the Office Of
the Secretary Of state, especially the
right TO sit as member of the returning
board, organized for canvassing the n turns
Of the general election under the act re!a-
| tive to elections in the State et Louisiana.
The petitioner further represents that. in
| order 70 prevent violation OF the c0nBtitu-
ton and the law, and in order to maintain
the said plaintiff in the possession Of said
| office pending hese proceedings in conform
| ity to the constitution and the laws, and in
| order 10 prevent the said Jack Wharton
| from asserting right to or attempting to
/ obtain possession OF the said office OF Secre
| taTy ii State, and III order to prevent the
| eaii defendant from attempting 10 exercise
any Of the functions of the Office OF Secre-
tary If State, or doing any act pertaining
| 70 saul once, and especially to prevent the
said defendant from attempting t. exercise
| the duties OF member Of the returning
| board, under the law relative to elections
| IN the State of Louisiana, it is necessary
| that writ II injunction rssue, restraining
! the said defendant from attempting to as
! sert q right to the office of Secretary Of
| State, or TO exercise any Of the functions 81
! said office.
| Wherefore the petitioner prays that the
| said Wharton he cited to answer this peti-
| ton; that writ OF injunction may issue
| herein, from attempting by any man
me- or tO1m 10 obtain posses
sion Of the Office OF Secretary Of
| State OF the State of Louisiana, and inioin-
| ing him, the said Jack Wharton, from as
| Eertlng a light - the said office in any
| other manner than by legal proceedings
| in accordance with law and ini0niug hun.
| the said defendant. from exercising o. at
| tempting tC exercise any OF the functions
| Of the office Of Secretary ol State. ami es-
! pecially inioinirg him, the said defendant,
-,