New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-15
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THE COURTS.
aIaiteA staeee aircuip Conra.

The application for o mandamus to com
| pei Stokes, registrar to return into Terre-
bonne with poll box which he had taken
| with him TO this parish, and there count the
returns OF election iD the box. was heard
yesterday.
During the course Of the hearing 60 ius-
tity the writ of mandamus, Judge Durell
suggested thaS inasmuch as Stokes had re-
signed before the election from his cost
and was on election day not a supervisor, q
mandamus would Not lie to compel man
90 hold the office according to the nature Of
the writ.
The fact Of the resignation there vas no
testimony Co prove.
Colonel A. p, Field having argued for the
mandamus, the case was pHs off until Sat
urday.
Daniel 7. Settoon, of Livingston, was ap-
pointed United States commissioners
The case Of Martha A. Roos ct al, against
BIacksher judgment by default entered
against the defendant.
A. and III. Heine ct ais, againse Board OF
Levee Commissioners, parishes of Madison
and Carroll. appeal from the judgment OF
court allowed to the Supreme Court Of the
United States.
Eighth District Court.
In the ease Of +. ). Heron against Jack
Wharton ct ais, supplemental petitions
praying for an Injunction directed to the de-
PENDANTS, were filed as follows:
SUPPLEhENTAL PETITION 40. !.
A supplemental injunction was applied for
on the following terms: That many of the
police, 10 w.t. more than ten, are stationed
at the door of your petitioners office, Pc
tusing to permit him to have access to or
use his office as Secretary of State, and
your petitioner is absolutely prevented
from exercising his duties. Wherefore the
AfitV RI, ~,
Pinchback, RaynaI, Lewis, Baldy, Baker
and Robinson. all their employees and
subOrdlnates, OF any under their control,
be each eDjolned and restrained from inter
terlug with or hinderipg the petitioner,
Heron, yourself. or through your en-
ployes or subordinates, in the discharge
OF his duties as Secretary of State, and
from preventing him from free access to
the office of Secretary of State and the
rooms used and occupied as the Secretary
OF States office, in the Mechanics Institute.
SUPPLEMENTAL PETITION NO..
The supplemental petition through Simeon
Bclden, Attorney General, and Of Francis
j. Heron, Secretary of State, represents
that these proceedings have been taken
and are had with the view of maintaining
the sald +. J. Heron, herewith joined with
the State in possession of the office of Sec
retary of State, which Heron is now legal
ly possessing and exercising; that Jack
Wharton has threatened, and is now at
tempting, in violation of the constitution
and laws Of the State, to take forcible pos
session of the office of Secretary of State,
and is by force and arms asserting a right
to possess and exercise that office, and that
he is attempting illegally and uncOnstitu-
tlODally to exercise certain of the functions
Of the office, not actually discharged in the
office, especially the right to sit as mem
Der OF the returning board organized for
canvasSing the returns of the general cleo
ton under the State act relative to elections.
That in order to prevent a violation OF
the laws, to maintain the possession of the
office pending these proceedings, to prevent
Wharton from attempting to obtain posses
SION, to prevent him from exercising any
functions Of the office, doing any act per
tanning thereto, and especially to prevent |
the defendant from exercising the duties of |
q member of the returning board, it is |
necessary an injunction issue restraining |
Wharton from attempting to assert right |
to the Office OF Secretary of State.
The injunction is directed to restrain |
w hart0n from attempting by any manner or |
form to obtain possession of the office, and |
enjoining him from asserting a right to the |
same i'll any other manner than by legal |
in accordance with law, and |
him from exercising any of the !
thereof. and especially from at |
tempting TO exercise any function pertain |
turning board in reference to the late can |
vass, All these injunctions were imme-
djatoiy served by the sheriff.
United States Commissioner shannon.
Developments expected to-day.