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

L must therefore ask that you place the
same IN the possession of Assistant Deputy
| Marshal W. f. Loan, in order that he NAV
| deliver the same to Mr.. Jhn Lynch, presi.
| dent of the board.
! am, sir, very respectfully, your obedieng
| servant, JAMES LONGSTREET
! A true copy. Deputy Supervisor.
JAMES LONGsTREET
Deputy United States Supervisor.
ANSWER of Governor Warmoth to General Long
street, demanding election returns
Offered by complainant, November %.
1872.
STATE OF LOUISIANA
Executive Department )
New Orleans, November Is, 1872. J
General James Longstreet, Deputy United Stateg
Supervisor:
STR-In reply to your letter, justreeeive6.
informing me that you have instructions t0
see that all election statements of the cleo
ton November in this State are properly
and promptly placed in the possession Of
said board, and asking that place the same
in possession of Special Deputy Marshal
w. +. Loan, in order that he may
deliver the same to Mr. John Lynch presi-
dent of the board, [ have to say that do
not recognize your authority as deputy sup
ervisor to make such demand, nor have
any knowledge of the existence of any such
body as that presided over By Mr.. John
Lynch. The election returns received by
me as president of the State board of cane
vassers are, and will remain, in the possess
sion of myself as president Of the State board
of canvassers, in accordance with the law
of the State, and | alone am authorized to-
hold and open them.
Very respectfully, your Ohedient servant,
II. G. WARMOTH,
Governor of Louisiana.
A true copy:
JAMES LONGSTREET,
Deputy United States Supervisor.
PETITION.
Offered by complainant November 25
1872
Eighth District Court, parish of Orleans,
No. 3556-State of Louisiana ct al. vs.
Francis j Heron.
To the Honorable the Judge of the Eighth District
Court in and for the Parish of Orleans i'll the
State of Louisiana:
The petition of the State of Louisiana,
represented by Simeon Belden, Attorney
General of said State, in his official capacity
as aforesaid, respectfully represents, upon
the information of George E. Bovee, Secre-
tary of State of the State of Louisiana, who
is Joined with the State of Louisiana and
made party complaining and plaintiff here
in, that said George E. Bovee was elected
Secretary of State of the State of Louisiana
at the general election held on the seven
teenth and eighteenth days of April, in the
year A. ID. 1868.
That the term of said Office under the
constitution of the State of Louisiana, is
four years, and the salary thereof $1,000.
Now petitioner represents that said
George E. Beyee, after his election as atOre-
said qualified as required by law, was com
missioned by the Governor of Louisiana,
Henry C. Warmoth assumed the duties of
said Office about the fifteenth day of June,
A D. 1868, and continued to exercise and
perform the duties OF Secretary of State as
aforesaid until the twenty-ninth day of Au-
gust, A. u. 1871, when he was fOrCibly
elected from the Office of Secretary of State
by Francis j. Heron, resident OF the
city of New Orleans, assisted by Supefin-
tendent Badger, Captain Edgeworth, and
three other persons belonging to the Metro
politan Police of the city of New Orleans.
That having elected said Bovee, Secre-
tary of State, as aforesaid, the said Fran
els j. Heron took possession of the seal of
the State of Louisiana, and the State
archives, and all papers belonging to the
State of Louisiana, which, by law, betUnS
to the custody and keeping OF the Secretary
of State.
That said Francis J. Heron has thus
usurped intruded into, and is now unlawe
fully holding and exercising the functions
and duties OF Secretary of State of the State
of Louisiana, public officer created by the
constitution of the State of Louisiana.
ludG Sdlu HERON pIGlGuuS 10 SA5IIISG
said functions by virtue of authority from
his Excellency II, G. Warmoth, Governor Of
the State of Louisiana.
But petitioner AYERS that the term OF
office of George E. BOyee not having eXa
pired, and there being no vacancy therein
that the Governor Of Louisiana was withe
out authority Of law to either remove OS
suspend said Bdvee from the exercise OF tho
functions and duties of said Office.
That said RnVen holds hia office bV VifPU@
of his election thereto under the c0nstitts-
ton of the State, and that his tenure Or
office does not depend upon executive VIII,
but is fixed and limited by the organic la "
of the State of Louisiana.
That said Bovee is the Secretary of State
as aforesaid and entitled to exercise tho
duties and functions thereof.
Petitioners further represent GhaG Slg
amount OF money IN controversy, aparS
from the question Of title to Office excelCss
the sum of five hundred dollars.
Wherefore, the premises considered, pets-
toner prays that the said Francis j. Her
ron be duly cited to appear and answer the
allegations and demands contained in this
petition, and after due and legal proceed
ings had, that there be Judgment in favor of
plaintiff, decreeing George E. Bovee to be
Secretary of State of Louisiana, and as
such entitled to exercise all the functions
and duties pertaining to said Office and en-
Titled to the custody and Keeping of the
seal of the State of Louisiana, with the ar
chives, books and papers belonging to said
State, and that he be put in possession
thereof, and maintained in said office; and
further, that said Francis j. Heron be de-
creed t" have nsurped and intruded into
said office of Secretary of State, and as
such is unlawfully holding and exercising
the functions and duties of the Office of Sec
rotary of State az aforesaid, public office
under the constitution of the State of Lou
isiana, and that he deliver the same to
George +. BOvee, with everything pertain
ing thereto and taken possession Of as afOre-
said.
They pray for such other further relief as
may be necessary and for general relief in
tie premises. SIMEON BELDEN,
Attorney General of louisiana
JUDGMENT.
In this case, submitted to the court for
determination, after deliberation and for
the reasons assigned in the written opinion
this day delivered and filed, the court cOn-a
sdering the law and the evidence to be in
favor of the defendant
1t Is ordered, adiudged and decreed that
this suit be dismissed at the cost of the
plaintiffs. Judgment rendered October 10,
1871, and signed October 20, 1871.
CHARLES NJ EMERSON.
Judge of the Third District Court for the
Parish of Orleans, acting in the absence
OF the Hon. H. G. Dibble, Judge Of thia
Court
o. NJ. TESNIsoN, Deputy Clerk
ANSWER
Eighth District Court, No. 35j6.-State