New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-03
THE EIGHTH COURT I~sUscr1oN,
A writ OF Certiorari for 1.-The whole
Case ReturnablV 40 the UaIted states
$'ircuit Gourt.

$ircuit Court.
It will be recOllected chat the fact that a
| prayer for an Injunction had been filed by
| Governor Warm0th against James Long
street ct ais was published SuniaTo the lat
/ ter being called on to destse from all inter.
| ference with the returning officers of the
election. and that they 10 forbidden from
compiling or pretending 20 compile the
votes cast at the late election, and be pro-
hibited from making any feturn or pro-
clamatiOn Of the Tesutt Of said election.
United States District Attorney BeCkwith
! Yesterday fled a petition expressing the
above circumstances, AMI winding up with
a PRAYER that the whole case, consisting IN
Detition and rule nisi, be brought up 60
the United States Circuit Court, The Pc
tition to this court is prayed for by the Her
ron returning board. The whole doctrine
of certj0ra1i in the laws Of the United
States was laid down as far back as 1882, at
which time suits having been brought in
South Carolina against collectors OF reve-
nue.. where it was refused to bring them to
the United States courts, when the laws
were made establishing the right as 1t now
exists.
But it is the first time in The history of
the country that writ OF this character
has been served in case among State Off
GERS. and hence it is all the more interest
ing in bringing directly before the people
the true relation of the federal tribunal act
ing under the law known as the enforce
ment act, toward the State courts and the
condition Of election affairs.
The petition to the Judge of the Circuit
Court for the district OF Louisiana discloses
the following facts: That Francis j. Heron,
John Lynch and Jacob Hawkins are the
duly qualified returning. board, duly charged
by law with the duty Of making returns OF
ballots deposited at the late election, at
which Representatives for Congress were
voted fer; that, among their duties, is to
ascertain what persons voted for are re-
turned Representatives ia Congress, and
the laws demand penalties for B0n-per-
formance of said duty and against all per
sons who shall hinder them; that, in order
to hinder them in the performance of their
duties, Henry G.. Warmoth, claiming to act
as Governor, with the intention to suspend
all official action by your petitioners, has
brought IN the Eighth District Court a
suit, the intention OF which is to
enj0in the petitioner from obeying
the mandates of the laws of the United
States il regard to said election. Your pc
titioners have been served With an order
commanding them to deslst from any fur
ther obedience to the laws OF the United
States relating to the election until the
pleasure of the Eighth District Court. That
the nature of the suit is intended to opstrlft
the petitioners in the discharge Of duties
imposed upon them by the enforcement act
Wherefore, your petitioners pray fol, a
writ of certiorari, directing the Judge of the
Eighth District Court to send, without de
Iay. to the Circuit Court Of the United
States the record and proceedings II cause
No. 1859, entitled State On the relation OF
Henry G. Warmoth VS.. James Longstreet
ct ais.
By the court-Let a writ Of eertoriari IS
sue as prayed for, returnable forthwith at
the present term of court.