Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-07

any returns to Hatch and Da-
( porte, or any other persons except
! Lynch, Hawkins, LOngstreet and Boro.
/ lt prohibits him from suppressing or al
tering the returns in any way, or from
! interfering with the CustomhOuse Boards
/ in their canvass. 1t prohibits HIM from
refusing to them documents they may
demand, and fOrbids him TO issue COM
missions, or to deposit any records or
certificates TO any public officer showing
the result of the election, without the
concurrence of the CustOmhOuse Board.
( 1t enjoins Hatch, DepOrte and Warren
/ in the manner prayed for in complain
ants bill. 1t orders Governor Warmoth
to deposit Immediately in the Office of
the Clerk of the Circuit Court all returns
and other documents he may have re-
lating to the election, in order that
copies may be made Of them, and that
they may be preserved, to be used if
necessary. Judge Durell having finished
reading, the decision ordered the rule
for contempt to be continued till Mon
day, and that the court be adjourned till
tomorrow.
Mr.. NJ. Semmes said: "May it please
your Honor, / wish to enter a motion in
this NATTER
Judge Durell-I will hear nothing
to-day. l do not feel well. I can attend
to hearing no motion to-day. will do
II tomorrow
Mr.. Semmes-Will you allow it to be
filed, to be considered on Monday?
ge.sDurrell-I will not permit it to
be filed without l have heard it, and
will not hear it till Monday morning.
The court then adjourned till tO-mOT-
row morning at eleven O'Clock.
After the adjournment, Governor
WamOth went to the Office of his at
tOrneys, Semmes & Mott, followed by a
crowd Of about five hundred people.
The Returning Board, decided the legal
one by the District United States Court,
demanded from Governor WarmOth all
the documents relative to the election Of
November the fourth in his possession.
The Governor has not yet responded.
In the Eighth District Court, this
evening, an injunction was issued on
the petition of Armstead, Secretary Of
State elect, Wharton, and the de .fdctO
Returning Board, composed of Isabel,
Willse, Taylor, Austin, Deene and Riet,
restraining the Custom House Returning
Board from in any way interfering with
the canvass OF votes. Application has
NNEElA AAAetlN " nav AAAEEC Nel1Ec NdhEn "
the United States Circuit Court on a
writ of cert oerti.
The Times editorially SAYS of Judge
Durelps order for seizing the State
house: "This order was based on pro-
ceeding for contempt before Judge Du-
rel, which proceeding is now, or was st
the time this movement was made, un-
der consideration by Durell. There was,
therefore, no pretext Of legality
or even authority in the mat
ter. Judge Durlel had declined to
hear the rule for contempt before enter
ing upon the argument on the bill in
chancery. The District Attorney asked
this preliminary hearing, as it was the
course in unity proceedings. The parties
charged denied the contempt, and made
their appearance and answered the
interrOgatOries served on them. In
this state of the case, and the facts,
and without further notice or hearing or
demands the Judge of the United States
Court, at the solicitation of the violent,
lawless, and desperate men who have
surrounded him, issued an order directed
To the United States Marshal, requiring
him to take possession Of the State
house, and in compliance with this order
the Marshal obtained force of United
States troops and moved upon the
Capitol under cover of night, and
obtained possession and occupancy of
the building in which the State offices
are situated, and excludes therefrom all
persons who have no passes from the
United States Marshal The pretext of
this order is to enforce a restraining or
der of court. The real object is stated to
be to prevent q disturbance Of the peace
and the assembling of any other Legis- |
lature or the installation of any other
State officials but those indicated BY the /
CustOmhOuse party and their tools. |
These are flimsy and audacious 1
pretenses. The whole scheme on the 1
part of the cOnspiratOrs is a corrupt and 1
infamous attempt to overthrow the gov
ernment of the State, to abolish the /
state Of Louisiana, and to reduce the |
people TO the condition of serfs. 1t re- /
mains to be seen whether the Govern /
ment at Washington has authorized |
the proceedings. Perhaps the General in /
command in at this post, has |
general orders to aid with troops the /
United States Marshal in the enforce /
ment of all orders of the United States |
Court. Whether, however, such order /
their employment for such /
and objects, we shall |
quickly learn, as several bodies 4
Of troops have made their arrival in the /
past few days, and it is understood that 1
orders have been given by the War De- |
partment for the concentration of ten |
thousand troops at this point. The 1
United States troops are still in possess |
sion of the StatehOuse.