New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-24

moved Secretary of State, Heron, and their
| two appointees. After these proceedings, the
| State Supreme Court decided that the re-
! moval of Bovee, and the original appoint
ment of Heron was illegal, and Bovee was
reinstated in his office. Whatever may be
| said of these contesting boards, it is clear
that the courts of the United States had no
semblance of authority to decide between
their conflicting claims to office.
Third-After it had become probable that
the two candidates. w P. Kellogg and c. C.
Antoine, had been defeated, and that their
opponents would be declared elected, they
respectively filed bills in the Circuit Court
OF the United States for the District of
Louisiana for injunction and relief. The
Governor OF the State, the members of the
canvassing board, and other citizens of the
State connected with the PRONUNCIATION of
the returns, and certain persons elected or
claiming to have been elected to the Legis-
iature and to the Governorship were made
defendants in one or other of these suits.
The canse of complaint was that they
seveIally apprehended that they would
be deprived of the Office for which
they had been candidates. They claimed
to have had majority of the votes al the
election, and that there had been 10000
voters prevented from voting, because of
their complexion or previous state of ser
vItude, whose votes they would have re-
ceiveG.
The bill Of Kellogg professed to be for
the preservation ana perpetuati0n of the
evidence of the election, and to havetrefer-
enGe to- the support of a suit ne might have
to bring to recover the Office.
Antoine's suit was similar in the claims
of title, and had reference in it's prayers for
rehet to the organization of the General
Assembly at its meeting under the procla-
nation of Governor WaTmoth, on the ninth
Of December, 1872.
The parties to these suits were all
citizens of the State of Louisiana. The OBJ
ject of the suit was to assert title to Office
OF the State in advance of any decision or
announcement by any board of any person
as elected, and to determine the persons to
make the decision and the announcement
by the judicial authority of the court of the
United States pending the suits. An ex
parte and private order was made in the
suit of Kellogg to the effect that the de-
fendant, H. C. Warmoth, the Governor
had, in violation of the restraining order OF
the court, issued a proclamation and return
of certain persons claiming to be the board
of returning officers.
The terms of said order are as follows:
Now, therefore, to prevent the further OBJ
structiOn of the proceedings in the court,
and further to prevent the violation of the
orders of this court and the imminent dan
ger Of disturbing the public peace, it is
hereby ordered that the marshal of the
United States for the District of Louisiana
shall forthwith take possession of the build
ing known as the Mechanics Institute, and
occupied as a State House for the assem-
bling of the Legislature therein in the
city of New Orleans, and hold the same
subject to the further order of this
Court, and meanwhile to prevent all unlaw-
full assemblage therein under the guise or
pretext of authority claimed by virtue of
the pretended canvass and returns made
by said returning officers, in contempt and
violation Of said restraining order, but the
marshal Is directed to allow the iDgreSs and
egress to and from the public offices in said
building OF Persons entitled to the same.
FourthT1he lhterlocutory and ex parte
order IL the suit OF antoine, the candidate
for Lieutenant Governor, seems to have
been made as the supplement- to the order
above quoted in the suit of Kellogg, which |
directed the occupation of the State Capitol
by the marshal, with directions to prohibit |
what is termed in the order an unlawful
assemblage, while the same marshal Is di-
rected TO allow the ingress and egress of |
persons he might determine to be entitled !
to such privilege This order in the case |
of Antoine is comprehensive and explicit. |
No Cne can mistake it's import or |
it's object. 1t is, first, that the Governor
of the State be enjOined and restrained
from examining election returns or counting
votes except in presence of the officers
in these orders, and from con
trolling, interfering with or attempting to
interfere with the organization of the State
and from doing any act or Of
giving any order, direction or making any
request which may directly or indirectly
prevent or hinder any person from being
present and taking part in the organization
If the Senate, called on the ninth of De
,ember, or at any future day, who may be
'eturned as a member thereof by a board
of II. C. Warmoth George E.
3Ovee, James LOngstreet, Jacob Hawkins
md John Lynch, and whose name has been
transmitted to Charles II. Merritt, Secre-
ary Of the Senate, by George E. Bovee.
of State.
o. That twenty named persons, who had
,een candidates for the Office of Senator in
he State Senate, and who were supposed tJ
AVE been elected, and had been declared to
,e so, were enioined and restrained from
in any manner in the
organization of the Senate, or doing
my act about the organization I'M
ess their names should appear on
}0vee's list of names of members of the
euate, as transmitted to the Secretary of
he Senate, Charles H. Merritt.
3. About 100 persons, whose names are
iven, who were supposed to be elected to
he House of Representatives, of the Gene
al Assembly, had been declared to be
lected, were similarly enjoined from par
iCipating in the organization of the House
t Representatives or from doing any act
r casting any vote unless their names were
II Bovees list of members.
H. The clerks of the Senate and of
he House of Representatives were
everally enjoined from placing on any
st or announcing the name Of any
lember, or from recognizing as a
lember, or designating as member prior
D ordaining the organization of the respect
We houses any person whose name was not
laced on the Boyee list.
Fifth-The Secretary of the STATE, Bovee
,as enjoined from receiving returns of the
lection of State officers or of members of
he General Assembly, excepting such as
lould be filed in his office by the board
0mposed of Warmoth, Longstreet, Haw
ins, Lynch and Bovee.
Sixth-Ihe Chief of the Metropolitan
Olce, and all it's members, numbering
bout 800, and the board, were enioined
ON interfering with the organization of
le General Assembly, and not to prevent
lose on Bovee's list from entering into the
aIls Of the Assembly.
Seventh-The persons composing the
)ard recognized by the Governor were en-
lined from acting as canvassing board,
ON declaring and publishing any calcula-
on, statement or proclamation of the re-
Its, or granting certificates Of election, or
tending to show any right to
lice growing out Of the ballots cast at said t
ecGon,
The marshal, assisted by detachment
ON the army Of the United States, under
is order took possession of the State Capt.
j and held it on the ninth of December. ,
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