New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-22

JOHN 7. LUDELING.
! Chief Justice.
simultaneously the parties in the Score
tary Of State injunction suit appeared anG
/ claimed the same writ.
The petition of the State, by Simeon
Belden, Attorney General, on the relation
Of John Lynch and F. J. Heron, disclosed
That suit is pending in the Eighth Dis.
trict Court, where II. G. Warmoth ct ais
are plaintiffs and your petitioner and others
defendants; that w. A. ElmOre has illegally
and fOrcIbly taken possession of the bench
and elected the legal judge that the said
Elmore is not judge Of the court, nor has he
been legally returned elected, and if he has
q commission the same is illegally issued in
violation of law; that the said ElmOre has
no right to issue any order; nevertheless, he
has already made orders and is proceeding
to try the case and dispose of it as though
he had jurisdiction.
a writ Of prohibition was prayed for,
with the same result in the identical words,
The notice that writ of prohibition was
applied for was served on the parties men
toned in Sauyinet's petition, and no re-
turns we're received from the First. Third
and Seventh.
On the Eighth District Court the clerk 3
office was found abandoned, and the new
parties, f. T. Manning. clerk, and Josep h
D. Taylor, deputy, were installed. The
minute book and seal were carried off, but
it is said by the incoming parties, ''a new
one will be here Tomorrow SO the court
can proceed in its regular business
OUTSIDE THE COURTS.
Mr.. Harper appearing in the Nheriff's
office presented his commission. but Mr..
SauVlnet declined to leave unless by force.
Superintendent Badger then stepped for
ward into view and. Mr.. Sauvines recog.
nizing the situation. promptly retired:
leaving Mr.. Harper in possession. The
doors Of the office were then closed and the
newly installed sheriff went on with his
duties, making, however. no change FOX the
time being.
In the vicinity of the cusHomhouse corners
the news was Volubly discussed. and such
are " number Of opinions on the situation:
''The new judges were installed under
the new law, that provides for . commits
sion OF five from each Of the parties. to be
By the Senate who shall pro.
nounee upon the election geturns. The
Senate is not iD session. therefore no such
can act, unless by another law
the Governor can appoint when the Senate
is not in session. but it is matter OF doubt
if he can do it in this case"'
'Wait; there will come up the contempt
case tO-morr0w in the United States Circuit
Court. Wen see if there is any force in an
adjoining writ from this source"
''Ihe new law promulgated is cp post
Fac'o, and by veD understood principles Of
no effect"
'.Some sor: Of motion will be made 20
morrow in the court, looking to q denial Of
Jurisdiction il this case"
The above are few Of the opinions and
conclusions which were loudly uttered. but
-he majority Of these we:e spoken ''pot loud
but deep
st the City Hali the Administrators
waited patiently until the we'll known hour
when business closes, preparing to go out
without objection.
''There VIII be no Resistance here." re.
marked an under clerk in the Finance De
a1tment. with his hands IN his pockets,
:Nnless from MP. Flanders. and it is my
opinion hod resist anything"
But there was no installation of newly
elected officers in the City Hall. and for the
present everything there is quiet.
The following call for the Legislature pro.
g1rnl "a MA 1rr;Iao
PROCLAIATIOHo