New Orleans Republican., 1872-12-09

prepare the statements then received ant
opened for submission to the inspection O.
the legal returning officers, whoever they
might be. If he has erred in this respect
it was ignorantly, and with no Intention o.
violating the order of tbis honorable court
This respondent further says that in the
performance of his constitutional duty as
chief executive of the State of Louisiana
| he approved and signed, on the twentieth
! November, 1872, an act of the General As
sembly of the State Of Louisiana, copy Of
| which is hereto annexed, and made part
| hereof
This respondent further says that he did
| not for a moment conceive that the restrain
| ing order inhibited him from exercising his
constitutional functions as Governor of the
State of Louisiana in the issue of commits
| siOns to any person whom he chose to com
mission as an officer of the State; such GER
| tainly is not the language of the order, and
| if the act Of issuing commissions to the
! officers mentioned is considered by the court
violation of said restraining order. This
respondent distinctly and absolutely dis
av0ws any intention to disregard said order,
| and says he was advised by counsel that
! the issue of said commissions by him. as
! Governor of the State, was not inhibited by
the provisions of said order, which operated
! to restrain him only as returning officer
| of elections in regard to matters connected
| With his duties as SuCn returning Olncff.
| H. C. WARMOTH
! Sworn to and subscribed before me this
| twenty second November, 1872.
X. LOEW,
United States Commissioner.
| [Act No %, approved November 90, 1872.
| already published is filed here as a part of
| the defendants answer.
Answers of +. H Hatch TO Interrogatoresl
| F. Fl. Hatch, answers respectfully to all
the foregoing interrOgatories, that since the
service upon him of the restraining order
issued in this case, in fact since the filing of
the bill of complaint, he has done nothing
whatever as returning officer of elections,
and he answers all said interrogatOries in
the negative. +. II. HATCH.
Sworn to and subscribed before me, No
Ye1nber % 1872. +. A. WOOLFLEY,
United States Commissioner.
ANSWERS Of Jack Wharton to Interrogatories
Filed November %, 1872.
Jack Wharton answers respectfully all
the foregoing interrogatories, that since the
issue of the restraining order or the filing
of the bill of complaint in this court he has
done nothing whatever as returning officer
of elections. and he answers all said inter
rOgatOries il the negative.
JACK WHARTON.
Sworn TO and subscribed before me No
vember -, 1872.
f. A. WOOLFLEY,
United States Commissioner.
ANSWERS of Durant DaPonte to interrogatores. !
Filed November %, 1872.
w. P. Kellogg vs.. He. WarmOth ct al.
United States Circuit Court, No. $3.50.
Durant DaPOnte being duly sworn de-
poses and says:
In answer to interrogatory No. l, it is not
true as to myself, nor within my knowledge,
as to any other defendant IN this case.
In answer to interrogatory No. ?, | have
not
In answer to interrogatory No. 3, have
not
In answer to interrogatory No. 4, l am
not aware of the facts stated.
In answer to interrogatory No. ), no.
DURANP DAPONTE.
Sworn to and subscribed before me No
yenber ~, 1872,
F. A. WOOLFIEY,
United States Commissioner.
tOrder on +. H Hatch and Jack Wharton to show
cause, etc.
Entered and filed November %. 1872.
Circuit Court Of the United States, Dis
trict of Louisiana. No. -. William P
Kellogg vs.. H. c. Warmoth, ct als-And
now comes the complainant herein by j. r.
Beckwith, William H. Hunt and Z. G. BIZ
lings, his solicitors, and on suggesting to
IDS court ludJ IuG Shlu uGl6nuduCS, JACK
Wharton and Frank H. Hatch, have failed
to comply with the order of this honorable
court, ordering and requiring them seve-
rally to true, full and complete answers
make to the interrOgatOrieS filed and exhib-
tied in this cause upon the rule and order
requiring them to severally show cause
why they should not severally be attached
and punished for contempt Of court, and it
appearing their said several alleged answers
are imperfect, partial, evasiye and indef-
mite;
1t is ordered that the said defendants,
Jack Wharton and Frank H Hatch, do,
on or before II A. NJ, of Monday. the
twenty fifth day Of November A. D. 1872,
in writing, under their several res pective
corporal oaths, and according to the best of
their several respective knowledge, inform
ton and belief, full, true and specific and
unevasiye answers make to each and every
of said written interrogatOries SO filed and
exhibited in this cause.
[Marsbaps Return of Servicei
Received, November %, 1872 by the
United States marshal, and on the same
day, month and year served copy hereof
on Jack Wharton and Frank IL. Hatch bv
handing the same to each of them in this
city, personally.
Z. R. STEELE, Deputy Marshal.
ANSWERS of F. H. Hatch to Interrogatoriea.I
Filed November 25, 1872.
Now comes f. H. Hatch and for more
specific answers to the interrOgatOles pro-
pounded to him in the matter of the rule fer |
contempt in this case, says:
To the first interrogatory, no.
To the second interrOgatOry, no.
To the third interrogatory, no.
To the fourth interrogatOry, no.
The restraining order was not served on |
me until after the sixteenth of November, |
1872, to wit: until the nineteenth of NOvem-
ber, 1872, but / knew of its existence on the !
OF the seventeenth of November,
1872. F. H. HATCH.
Sworn to and subscribed before me. this
5wenty-tfth day of November, 1872.
F. B. EINOT,
United State Commissioner
GAnswer Of Jack Wharton to InterrOgatores7
Filed November 25, 1872.
Now comes Jack Wharton, and for more
specific answers to the interrogatories pro-
pounded to him in the matter of the rule for
in this case, says:
To the first interrOgatOry, no.
To the second lnterr0gatOry, no.
To the third interrOgatory, no.
To the fourth interrogatOrY, no.
To the fifth interrogatOry, no.
The restraining order was not served on
ne until after the sixteenth of November,
872, but l knew of its existence an hour or
10 after it was served on Governor War
moth, that is to say, about or 8 p NJ. on
he sixteenth of November, 1872.
JACK WHARTON.
Sworn to and subscribed before me, this
wenty-ffth day Of November 1872.
f. B. VINOT,
United States Commissioner.
Defendants Answer.
William p. kellogg VS.. II. G.. WarmOth eft