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

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that such was not the fact, and that he was
certifying to that which he knew to be
untrue, in this, that the said paper was not
the bill passed by the Legislature enrolled
by the proper committee and signed by the
proper officers, as such original bill, but
that the same was an original paper, puF-
porting to be copy of the original from
which it was not made and with which 1t
was never compared.
Second-That at the time lie, the SAID
BOvee, gave such certificate ne kne" lLdt
the original and only bill passed by the
Legislature, was in the possession OF the
Governor. who had refused to approve
and intended to veto the same at the meet
ing of the Legislature on the next meeting
Tbird-Tbat the said Bovee knew when
he gave the same certificate, and So the TACT
is, that the said original bill was. not pre-
scented TO the Governor for his approval five
DAYS before the adjournment of the Legis-
lature, and that the same was not entitled
to become law through any approval or
actiou7nf his whatever.
Fourth-That the said BOvee certified
that the said charter of the Crescent City
WatcTworks Company had become law
when lie knew that such was not the case,
contrary to the will, consent and approval
of the Governor, and with the fraudulent
intent to injuEe the State, and to endeavor
TO make that a law which did not have the
legal sanctions for that purpose
That the said improper, illegal and unjust
conduct Of said Bovte gave the Governor
who is charged with the conservation and
enforcement Of the laws the right to sus-
pend hiIu and put respondent i'll his place
until the meeting Of the Legislature IL Jan
uary next.
Wherefore, respondent prays that plain
Gif's petition be dismissed and his demand
rejected SEMMES Il MOTT,
WILLIAM GRANT,
Attorneys of defendant.
v. w. TENNIsoE, Deputy Clerk.
lAfHGavit of John Lynch.
Offered by complainant November %,
1872.
Eighth District Court for the parish of
Orleans, Nos. 1855, I3,546.-John Lynch,
being duly sworn, says that the annexed
document, marked A |. is true, full and
complete transcript of the minutes OF the
board Of returning officers of the election Of
November i, 1872, as held on the twelfth
aud thirteenth Of November instant, and
that all those minutes are a true, full AMI
complete record Of everything that trans
Dired at the sessions held on these days,
and Thar no other business was transacted
by the board of returning officers on those
days than is contained in said minutes, eX,
cept that, after the adjournment OF the
Iessrs Longstrect and Hawkins, notifying
them Ut their appointment, a copy OF which
is annexed as IL part hereof, and marked
,, and that they afterward presented
their respective oaths Of office on The same
day hereto annexed as part hereof, and
marked 3 and A 4.
Atfiant further swears that at the time Of
administering Of the oaths OF office, az de-
tailed in the minutes, to atfiant, Fl. q. War.
moth aud II, }. Heron, all three took the
oath simultaneously. IT was administered
to them by Chief Justice Ludeling; that he
was not present when any oath was admin
istered to H. II. Hatch or DuraEt DaPODte
as returning officers of election, nor-did he
ever consent to recognize them or Jack
Wharton as such that at the time he lett
the room wherein the meeting was held, and
as he was going out, there was al appear
auCe Of the oath being administered 10
MessTs. Hatch and DaP0nte, but the adj
Vrinisteriug of such oath had not been com
Ileted that subsequently the beard Of
returning officers OF election met, and by
resolution requested the Attorney General
loinstiture this suit, as will appear By copy
OF resolution hereto annexed and made part
hereof. marked D.
+. j. Heron being duly sworn, says that
lie has read the foregoing affidavit OF John
Lynch, and that the same is true; that it is
untrue that he has been deprived of the
seal of STATE, or dispOsseased thereof, but is
etill in possession Of the same, and that said
Jack Wharton has not been IN possession OF
She Office or rooms of the Secretary of States
office. but that the same is and has been Ill
possession OF the police since the thirteenth
0i November instant
4 true COPY: ROBERT LYNNE,
Deputy Clerk.
}Ied November 10, 1872
STATE or LOUISIANA
Executive Department. :
New Orleans. November 49, 1872 } |
WHEREAS, BY an amendment of the con-
eticuhon Of the State. adopted at the gem
eral election held November Z, 1870, it is |
provided that mo person who at any time |
NAV have been a collector of taxes, whether /
State, parish or municipal, or who may have |
been otherwise entrusted with public |
money, shall be eligible to the General As
sembly Of 10 any Office Of profit or trust"
etc, and
Whereas, Official information has been
received at this Office that +. j. Heron is
indebted TO the State for moneys collected |
hy him as tax collector in and for the Sixth |
District, city OF New Orleans;
Now, therefore. |, Henry Clay Warmoth, |
Governor of the State of Louisiana, charged |
with the faithful execution of the laws I'M
der the constitution Of the State, and in due |
observance Of the provisions of the amend |
mfnts to the same, do issue this my order |
removing +. j. Heron from the office OF |
Secretary OF State, and do hereby appoint |
Jack Wharton TO discharge the duties OF |
said Office.
Given under my hand and the sea, or the |
State this thirteenth day Of November. a, /
D. 1879. and Of the independence Of the |
United. State. the ninety-Seventh.
II. c. NARMOTH.
Governor Of the State OF Louisiana,
7. A. WOODWARD,
Assistant Secretary OF State.
A true copy from the records on file IN the
o,ti5, Of the Secretary OF State.
Y. A. WOODWARD,
Assistant Secretary OF State.
\ rue copy Of the document on file in
the salts &, j4j, 1886 of the docket OF the
I ri.L District Conrt for the parish Of Or
leafs ROBERT LYNNE, Deputy Clerk.
lac darst OLA. :. Badger Superintendent ofPoitce.
Flied November l9, 1872.
State of Louisiana, parish OF 0rleans.-A.
s. Badger, Superintendent Of Police, after
being duly sworn. deposes and says: That
he is not IN possession of the Office of Sec
retarv Of State; that none of his subor-
dinates, or any member OF the Police De
Dartment. is in possession Of said office;
that Jack Wharton is, to the best Of his
knowledge and belief, in possession OF said
''''''o A. S. BADGER.
Sworn 10 and subscribed before me, this
.iohre,uth day of November, A, d. 1872.
CHARLES S. RICE,
Tinted States Commissioner, District OF
Louisiana.