New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-09

To the Honorable the Eighth District Court for The
Parish of Orleans:

/
Parish of Orleans
| The supplemental petition of the State of
! Louisiana, through Simeon BeldAn. AttOr-
| nev 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, mas
| threatened and is now attempting, N 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 is, by force and arms, assert
| inc a right to possess and exercise that
| Office: and that the said defendant, Jack
| Wharton, is furthermore attempting, lille
| gaIIy and uncOnstitutiOnallly, 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
a member of the returning board, organized
for canvassing 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
6LlUul1Uu anu GIlC Gnu lJ Va "
tain the said plaintiff in the possession OF
said office pending these proceedings, in
conformity to the constitution and the laws
and in order to prevent the said Jack W mar
ton from asserting a right to-, or attempting
to obtain possession of the said office OF
Secretary of State, and in order to prevent
the said defendant from attempting to exer-
else any of the functions OF the office OF
Secretary of State, or doing any act per
tanning to said Office, and especially to pre-
vent the said defendant from attempting to
exercise the duties of a member Of the re-
turning board under the law relative to
elections in the State Of Louisiana, 1t 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-
~ of State, or to exercise any OF the tune
lions of said office.
Wherefore the petitioner prays that the
said Wharton be cited to answer this petit
ton, that writ of injunction may issue
herein, injoining Jack Wharton, defendant
herein, from attempting by any manner or
form to obtain possession of the Office of
Secretary of State Of the State of Louisiana,
and injoIning him, the said Jack Wharton,
from asserting a right to the said office in
anv other manner than by legal proceed
ings in accordance with law, and inj0ining
him, the said defendant, from exercising or
attempting to exercise any OF the functions
of the office of Secretary OF State, and espe
cially iniOning him, the said defendant, from
attempting to exercise or from exercising
any of the functions pertaining to the office OF
Secretary of State, in connection with the
canvass and returns of the general election
held throughout the State OF Louisiana on
the fourth day Of November, 1872. The
petitioner prays tor general relief and tor
costs.
5. Belden, Attorney General, j. Q. A. Eel
lows and A. P. Field, Of COUNSEL.
[Adida7it.l
Personally appeared the undersigned,
who, being duly sworn, says all the facts
and allegations in the foregoing petition
are true. .-
Sworn to and subscribed before me, this
fourteenth day of November, 1872.
ROBERT LYNNE, Deputy Clerk.
ORDER.
Let this supplemental petition be filed
and the defendants cited. Let the defend
ants be ordered to show cause on Saturday,
November l6, 1872, at Il A. III. why an in
junction should not issue as within prayed
for and according to law Meanwhile let
the defendants be ordered to desist frcIn
acting or assuming to act as returning7'ot OIL
GERS until the hearing and determination OF
this rule.
New Orleans, November u, 1872.
HENRY c. DIBBLE, Judge.
A true copy,
ROBERT LYNNE, Deputy Clerk.
Affidavit of H. c. Warmoth ct ais
Offered by defendants November ., 1872.
To the Honorable Eighth District Court for the
Parish Of Orleans:
The petition Of the State of Louisiana,
through Simeon Belden. Attorney General
uDon the information Of FrancisJ. Heron,
-, Cf nit Of (DrIppnc with
respect shows, that the said Francis j.
Heron, Joined with the State of Louisiana,
is legally entitled to possession, and is in
actual possession of the office OF Secretary
of State of the State of Louisiana; that he
is entitled to hold and to exercise the func-
lions and duties of said Office until his sue
cessor, elected at the general election held
in the State Of Louisiana on the fourth day
of November, 1872, shall have been law
fully indicted into the said office.
The petitioner 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-
ti0ns of the said office, or to possess the
said Office, but that, nevertheless, he as
serts himself to be, and assumes to be,
Secretary Of State as aforesaid, and to that
extent the said Jack Wharton is illegally
and unconstituti0nally usnrping and in
truding into the said office in violation Of
the constitution 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 Wharton
NAV be cited to appear and answer these
proceedings, and that after all due and legal
proceedings had, that he may be decreed to
be usurplng, intruding into and uniawfully
assuming or asserting the right to exercise
the functions OF the office of Secretary of
State as aforesaid; and furthermore, the
petitioner prays that a judgment may be
rendered in favor of the plaintiff and IN
favor of the said Francis j. Heron, Secre-
tary of State as aforesaid, herewith joined
with the ate of Louisiana, decTeelng the
said Francis J. Heron to be entitled to have
and to hold the said 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 i'll
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 NAV demand or the law warrant, and
for costs. ). BELDEN,
Attorney General of Louisiana.
A. p. FIELD,
j. @. A. FELLOWS,
of Counsel
4 true copy:
ROBERT LYNNE, Deputy Clerk
Affidavit of John McEnery.l
offered by defendants, November %, 49,.
United States Circuit Court fer the Dis
trict of Louisiana, No. 1860. William Z.
W-arT,c-I cP a1--.IObTo