New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-07

oI Inc names Oh such persons as, according
10 the returns, shall have been elected to
either bIaECb o. the General Assembly:
and It Snail Ue The duty of the said Clerk
and Secretary 70 place the names of the
. Representatives and Senators elect so flr-
nlshed. upon the roll of the House and OF
the Senate respectively: and those Repre-
| sentat!Nes and Senators whose names are
SO placed by the Clerk and Secretary. re
| sp6ctTeiy. Il ace0rdancG' with the forer0-
Jog provisions, and none other. shall be
competent 70 organize the House Of Repre.
sentamves or Senate Nothing in this act
shall be construed 70 conflict with article
thlFty-to1T o. the constitution Of the State.
see, therefore, 40 way Of avoiding the
HconclusioE, 9nar il any view Of tie case the
HERON board q returning officers are still
authorized "a 2ontinue their duties, and are
! still entitled 70 The protection Of the court.
! The court keeps within the act. OF Coz
| gress and the fifteenth amendment. 1t does
! not pretend u any way to make Governor
OF the State, o. in any degree to Interfere
with the voice Of the people expressed
| through the ballot box. What i. does IL
! to ana IN making known the voice Vi The
| people IN accordance with sectors three
and twenty-three of the act OF Congress
and with section fifteen Of the amendment
! thereto, and in is action is only clearly
needed adjunct Of the legal returning board
! Many propositions were discussed during
the argument which it is not necessary Tor
Inc to now pass unqQ. 1t is enough that
find the statute constitutional, that the
court has jurisdiction, and thar the board
Of returning officers, composed OF II. c.
Warlnoth and Messrs. Hawkins, Lynch,
LOngstreet and Heron, are the legal board.
and as such entitled to the protection OF
this court.
As to the question of the neligibility Of
the complainant in the bill TO the office Of
Governor, this question can not arise under
the bill, and could cnly come before this
court in adirecr action a law to test the title
to the Office, IL is not, therefore, necas-
sary or proper for me TO decide it now;
but were IL otherwise, would say
that the reason OF the thing seems to
favor his eligibility, the Object OF tie pro
vision OF the constitution being to prevent
man serving two masters and having
divided allegiance. And tie fact
that contemporaneously with the adoption
Of the constitution, which first contained
this provision, the then territorial Governor
was by the then constitutional convention
made G0veruo: ct the State Professionally,
and at the ensuing electiono made By the
people. the first Governor cs TIE State.
would seem 10 io.tcate that ,he meaning 0:
the Inhibition w.s understood to ye az
above stated.
1t only remains 10Y Inc nos. :o,aaks tile
following orders:
That the sai,! defendant. H"ney c. W.r-
MOTH ,iuijrg the tendency o. Hi. .a..se.
be, ANA be hereby is, until tie further OF.
de! OF this court. enjoined. inhibited: aud
restrained from l.: any manner. either ii
rcctly or indirectly, considering OF pretend.
ing to consider. o! canvass aNv staleEe.e.
certificate .. return o! any supervisor. or
assistant supervise" Of registration. a." s.rV
office; LAWN. aEy .iuties 20 perform about
or concerning an election held on tl.. tou.th
day OF November. 3. ID 49,. in Vie STATE Of
Louisiana, OF relating to any votes q" a.l3-
lots cas-: .: >aII election. axcer. in the
presence ~ John !.vnch. Jacob Ii+viziL.,
James Longstg"ct and George L. Eovse.
boar" a returning officers ~,
s.tiG election. and tina: IL. d" fNG-
ther desi.t sn! refrain irou sl,.;;..::H..S
az allowing TO be Submitted. or :roIsl aiding
~. .;ssi>tn.. IL ti4" submission 10 tle defend
ants, Fran" !i!ll!l. Jack Wharton. UIrant
Na!'auto. or any "the.. person "~ persons
whatsoever. "tHev t!tan 'nc s.i.! i,,y,:..as.