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

said plans and SGlbntSF Snd NPf ,,,,
same. and is willing to aid in It's accom-
,,Iisb1oant nv pretending to believe that the
resIIlF of-such pretended canvass, II tnefe
hT II il made to appear that he has received
a majority of the votes cast at sald eiec.aoh'
wonid confer on him the right to SAID once,
and that your orator verify OeueFeS Inao -
ia +ha intention of said defendants 10 make
= sbam and fraudulent return and count,
declaring the said McEnery elected, ana
nnbIish the same in the official journal OF
laid Sta5e, the New Orleans REPUBLICAN
nrintad ard issued by said defendant the
New Orleans Republican Printing Com
pany. -,-.:
And your orator, further complaining,
shows unto your honOrs, that all the said
actings and doings are contrary to equity
and good conscience; that your orator IS en-
titled to the benefit of a canvass by the le-
gaIly constituted board Ofreturning officers,
aud that unless said legal returning officers
are permitted to act before said returns,
statements and certificates of the super
visor OF registration are destroyed or placed
beyond the reach Of said legal board of re-
turning officers, evidence necessary and i'm
portanC to your orator, and Indispensable
as proof Of his right to said Office would be
placed beyond his reach, and he will be
deprived Of his election to the office of Gov
ernor Of said State, by reason Of the denial
to citizens of the State who have offered to
vote for your orator at said election of the
right to vote on account of their race, color
or previous condition, and Of his inability to
prove the said fact.
And your orator, further complaining,
shows unto your hOnOrs that he has reason
to fear, and does fear, that the said defend
ants, pretending in the unwaCranted man
ner aforesaid to act as board OF returning
officers, will mutilate, alter and change said
certificates in the furtherance Of their plan
of fraud, and that the original certificates,
returns and statements of the supervisors
of registration are important and necessary,
and should be preserved in order to deter
mine whether the same have been changed,
altered or tempered with, or suppressed or
considered, and in order that his right to
said office of Governor may not be impaired,
and by the destruction of evidence rendered
impossible to be asserted by the proper &C
ton when the time for the institution of
such action shall arrive.
And your orator further complaining
shows that by the means aforesaid and in
the manner aforesaid, the said Henry G..
Warmoth Governor Of said State, by wholly
and totally disregarding the laws thereof
and in defiance of law and with the intent
to destroy and overthrow republican form
of government in said State, has in fact di-
rected the whole machinery of the State
and all of the officers therein under his con
troll, with the purpose and intent OF defeat
ing a just and fair election and an honest
and true return thereof, in order to defeat
your orator, well knowing that your orator,
if Just and fair election had been had and
held, and a true, honest and fair canvass of
the votes cast at such election made, was
legally elected to the office OF Governor OF
said State: and the said WarmOth has en-
deavored and is endeavoring, with the aid
of all of said defendants, to suppress and
destroy all evidence of such fraud so com
pIeteIy that the same may be OF no avail to
your orator in asserting his right to said
office: that unless the said defendants are
restrained by the order of thi6 honorable
court, and are permitted to continue in said
unlawful acts, your orator fears that his
means Of legally esta blishing his right to
said Office Of Governor will be placed be-
yond his reach and control long before the
time when by law he can commence the
proper judicial proceedings to determine
and enforce his title and right to said office.
Wherefore your orator humbly prays that
vCur hon0rs will grant unto him all JUST
and proper relief in the premises that you
will allow and grant unto him the most
gracious writ Of injunction issued under the
seal of this honorable court, directed to the
said defendant, Henry G. Warmoth: en-
Joining and restraining him from, in any
manner, either directly OF indirectly, pre-
tending to consider or canvass any cettIh-
cate. statement or return of any supervisor
of registration, except in che presence OF
said legal returning officers, John u nch,
Jacob Hawkins, James Longstreet and
Francis j Heron, and further commanding
him, the said H. G. Warm0th, to desist and
refrain from submitting to the said defend
ants, Jack Wharton, Frank H. Hatch and
Durant DaPonte, or any or either of them,
either as pretended members OF any board
of returning officers OF elections or as Indl-
viduas, any such statements, certificates or
returns, and further eDj0ining and com
handing him, the said II. 6. Warmoth, TO
desist from assisting, aiding, abetlng Or
permitting any other person or persons
whatsoever other than said Lynch, HaW-
kins, Longstreet and Heron, or their duly
qualified successors, as returning officers, to
inspect, consider, or have custody OF or ace
cess TO said statements, certificates or rec
turns Of said supervisors of registration, or
any other paper. document, affidavit or
proof that may have come into Che hands
of the said H. G. WaTmOth, or shall here
after come into his hands. relating to said
election or to the fairness or correctness
thereof, and which BIZ law it is his duty to
submit to the said legal board Of returning
officers of elections, and which should be
properly considered by them, and that
writ of injunction also issue against the
said II. G. Warmoth, Jack Wharton, Frank
H. Hatch and Durant DaPonte, command
ing them and each of them to refrain and
desist from pretending to act together as a
board of returning officers or as returning
officers of elections. from canvassing Or at
tempting to canvass or consider any certIE-
cate, document. affidavit, return, statement
Of votes, or any paper whatsoever properly
relating to said election and from attempt
ing to make a canvass, declare or publish
any pretended deduction, calculation, state
ment or proclamation based thereon or pre-
tended to be derived therefrom in any way
relating or pertaining to said election, held
on the fourth day OF November, 1872, or
certifying to any candidate for Office at said
election, any certificate of election or any
statement of the result of said election
tending to show any right to office in any
person growing out Of ballots cast at said
election, and from meddHng with, altering,
suppressing, classifying, celebrating or
destroying any document, paper, voucher,
proof, statement OF votes, or certificates re-
lating to said election.
That writ Of injunction may also in
like manner issue, directed to the said John
McEnery. restraining and inhibiting him
from in any manner, acting OF pretending
to act, as Governor of said State, and from
making any pretensi0n or asserting any
claim to the Office of Governor Of said
State by virtue Of any pretended evidence
of election thereto under or by virtue OF
any certificate, document or count, canvass
or adjudication now or hereafter made by
the said defendant, Il. {, Warm0th, and the
said defendants in this bill, charged to be
unIawfuliY combined and conspired as re-
turning officers. that IS to say, the said H.
G. War1noth, Jack Wharton, Frank H.
Hatch, Durant DaPonte or either OF them.
And may it further please your hono@s
to grant and allow also writ Of injunction