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

ROBERT 1fN ME- ACP0VJ SiSA@A'
Eighth District Court, No. =. State OF
IIouiBiana, ex rel, Attorney General, on m
formation OF Il. j. Heron ct alF. vs. JACK
Wharton, r. III. Hatch andDurant DaPonte.
THE supplemental petition OF the plalntlfs
Merein respectfully represents:
chat ali the allegations in the original
,aatition are true, and in addition thereto
$Eat the attempt of the SAID defendants to
act in the manner alleged in said petition,
and to sit az the returning officers OF elec-
lions and to act as such returning othcers,
will defeat the object Of this suit ana rem
der nugatory the judgment therein prayed
Jar. and that an Injunction is necessary TO
rreyent such q defeat of the objects OF this
zuit. and prevent the law and the rights OF
Che State and the parties LII interest from
being violated;
Wherefore petitioner prays for writ OF
Injunction against said Jack Wharton, r.
II. Hatch and Durant DaPonte, iDjoining
and restraining them from in any way or
manner, either directly or indirectly, sitting
or acting 81 returning officers. of elections
and especially Of the election held IN TINS
State on the fourth of November instant or
from in any manner interfering with the re-
turning officers named in this petition Tor
whose benefit this suit is brought, ana from
lntruding into and usurping the once OF
returning officers of elections, and from IN
any way interfering or h1nderlng the return
eng officers, and especially FRANK D. HERON
James LoDgstTeet and jacob HAWKINS III
the discharge of or from their performing
The dnties of such returning officers, and
petitioner further prays that after all due
proceedings this injunction be made perpet-
nal and for costs and all general relef
Simeon Belden, Attorney General; 4. 7.
Tjeld and j. @. A. Fellows, of counsel.
Personally appeared the undersigned,
eyho being duly sworn, says that all the al
Legations and statements OF fact in the fore
going supplemental petition are true, and
that an Injunction is necessary.
F j. HERON.
Sworn to and subscribed before me, tins
fourteenth November, 1872.
THOMAS LYNNE, Clerk.
Filed fourteenth November, 1872
ROBERT LYNNE, Deputy Clerk
Let the defendants be ordered to show
cause on Saturday, November 10, at III
A. NJ, why an Injunction should not
issue az within prayed for and according to
law. Meanwhile let the defendants be or
dered to desist from the acts complained OF
until the swearing and determination OF this
rule.
New Orleans, November IA, 1872.
HENRY G. DIBBLE, Judge.
Let writs Of Injunction issue as within
pEhypu IOE WlbhJuD boANf SAo h11""S DOA p
New Orleans, November 10, 1872
HENRY G. DIBBLE, Judge.
Eighth District Court, Nos. 1856 and
1886. The State OF Louisiana ex. rel, etc,
VS., Jack Wharton. The State of Louisiana
OK. rel, etc, VS.. +. Fl. Hatch, Durant Da-
POnte, etc.-The defendants for cause why
the Injunction should not issue in these
cases as prayed for and for answer to the
rule nisi, say
First-The petition discloses no cause OF
action OF which this court has jurisdiction
Second-The said Wharton, as appears
bv the affidavits on file, was duly appointed
TO discharge the duties Of the office of Sec
rotary Of State during the suspension OF
George f. B0vee, and he is actually and
peaceably in the discharge Of said dnties
now, and was so at the time the petition
and supplemental petition were filed.
Third-That as it appears by the atida-
site on file tile said +. II. Hatch and Durant
DaPonte were duly>summoned to act as re-
turning officers for the election held the first
Monday of November, 1879, being the fourth
day of said month, and qualified as such,
and their selection and appointment are
valid.
Filed November l6, 1872.
o. M. TENNISON, Deputy Clerk.
Eighth District Court, No. 1885. The
State ex. rel. Attorney General VS.. Jack
Wharton.-Now comes II. G. Warmoth, by
mis- counsel, Semmes g. Mott, and moves tt
dismiss the proceedings taken in this case
IN his name and without his authority, he
having never authorized the same.
II. C. WARMOTH,
Semmes e. Mott.
Not granted but simply filed, BY order OF
Gh court.
L7;Io5 Nnvorbnr T6 1870
o. NJ. TENNISON, Deputy Clerk.
Eighth District Court.-H. c. Warmoth
a,T ais VS.. r. j. Heron ct als.-Jobn LS nch
being duly sworn, says that he is the
person named by statue 100 Of the
acts Of 1870 as returning officer of cleo.
lions; that on Tuesday, November u, 1872,
there met of the said returning officers in
lhe parlOr Of the Governor of the State, the
following persons: Henry G. Warmoth, +
j. Heron, p. Ii. s. Pinchback and attiant;
that all four were mutually recognized as
such returning officers, though the question
was raised as TO the eligibility of Z. b. 5.
pinchhaek, Lieutenant Governor, TO act at
this election, he being candidate, but no
determination was arrived at. No question
was made as to tie qualification Of the
other three members of the board as named
above. The board proceeded to an organ
ization by electing Governor II. T.. war
moth and John Lynch,
atfiant, Secretary, when, there being no
magistrate present to administer the oath
Of office required by the statue, the board
at the same place. +. j. Heron during all
this time was recognized by atfiant and
Governor Henry c. Warmoth as Secretary
Of State, and as such as one of the return
ing officers designated by law, and no ques,
ton was raised a. to his character or status
as such returning officer. That on the next
day the board met according to the above
adjournment, the members present as
before, when after discourse thereupop,
Lieutenant Governor Pinchback was
temporarily postponed, and the Chief JUS
tice OF the Supreme Court Of the State,
Hon. John f. Ludeling being present, he
being requested, administered the oath of
office as returning officers to II. c. War
moth, f. j. Heron and affant; the oath
was administered simultaneously to the
three, each one rising from his seat and
neither ohiecting to any other, but all at
least tacitly consenting to the eligibility of
each other as legally members of the board
Of returning officers each of the three mem
Uers then resumed their seats, and without
turning aside to any other business pro-
ceeded to act upon the eligibility of Lieu
tenant Governor Pinchback, who, on mo-
lion Of afiiant and by his vote and that Of +.
j. Heron, was declared ineligible by Gov
ernor H. G. Warmoth, the president of the
board From that moment, the Governor,
II. c. Warmoth, did not leave the table nor
sign any document removing +. j. Heron
from the Office of Secretary of State, nor
any commission Of Jack Wharton as Secre-
faFv of State until after the board adjourned
and until after the atfiant had left the room
with the minutes of the proceedings of the
board in his possession, and which he took
with him as secretary. That what followed
n the proceedings OF the board, and imme-
.,intnIr after the announcement OF the 70.