New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-09


see that all election statements of the elec-
ton November 4 in this State are properly
and promptly placed in the possession OF
said board, and asking that lplace the same
in possession of Special Deputy Marshal
w. 7. Loan, in order that he may
deliver the same to Mr.. John Lynch presi-
dent of the board, 1 have to say that DO
not recognize you1 authority as deputy sup
eryisor to make such demand, nor have
any knowledge of the existence OF any sQeh
body as that presided over by MT john
lynch. The election returns received by
me as president Of the State board OF can
yassers are, and viii remain, in the posses
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 obedIent servant,
H. c. WARM0TH,
Governor of Louisiana.
\ true copy:
JAMES LONGsTREETt
Deputy United States Supervisor
PETITION.
Offered by complainant November p,
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, in the
State OF Louisiana:
The petition of the State Of Louisiana,
represented by Simeon belden, Attorney
General of said State, in MS official capacity
as aforesaid, respectfully represents, upon
the information of George +, B0yee, Secre-
tarv 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. Boyee 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. D. 1868.
That the term of said Office, under the
constitution of the State of Louisiana, is
four years, and the salary thereof $4,000
Now petitioner represents that said
George Z. Boyee, after his election as afore-
said, qualified as required by law, was COM
missiOned by the Governor of Louisiana
Henry G.. 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. D. 1871, when he was forcibly
elected from the office OF Secretary of State
by Francis j. Heron, a resident OF the
city of New Orleans, assisted by Superin.
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, belong
to the custody and keeping OF the Secretary
OF State.
That said Francis J. Heron has thus
usurped, intruded into, and is now unlaw-
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.
That said Heron pretends to exercise
said functions by virtue Of authority from
his Exceilency H. c. NfarInoth, Governor Of
the State of Louisiana.
But petitioner ayers that the term of
office of George E. Boyee not having eX-
PRED, and there being 10 vacancy therein,
that the Governor OF Louisiana was with
out authority of law TO either remove or
suspend said Bovee from the exercise of the
functions and duties of said Office
That said Rovee holds his office by virtue
Of his election thereto under the constitu-
ton of the State, and that his tenure OF.
office does not depend upon executive will,
but is fixed and limited by the organic law
OF the State of Louisiana.
That said Boyee is the Secretary of State
as aforesaid, aud entitled to exercise the
duties and functions thereof.
Petitioners further represent that the
amount of money IN controversy, apart
from the question OF title to office, exceeds
the sum Of five hundred dollars.
Wherefore the premises considered, peti-
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 aud legal proceed
ings had, that there be judgmentin 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
chiyes, 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 to have usurped 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 as aforesaid, public Office
under the constitution Of the State Of Lou.
Isiana, and that he deliver the same to
George Z. Boyee, with every thing pertain
ing thereto and taken possession Of as afore-
said.
They pray fer such other further relief as
may be necessary and for general relief in
the premises. SIMEON BELDEN,
Attorney General of Louisiana.
JUDGMENT.
In this case, submitted to the court for
determination, after deiberation and for
the reasons assigned in the written opini0@
this day delivered and filed, the court con
sidering the law and the evidence to be in
favor of the defendant
It 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 VI. EMERSON.
> ud%e OF the Third District Court for the
Iarlsh Oh Orleans. acting in the absence
Court.
\ true COPY:
o. NJ. TESSJsoS, Deputy Clerk.
ANSWER.
Eighth District Court. No. 35jG,-Seata
OF Louisiana ct ais. VS.. Francis j. Heron.
Flied November H. 1872.
NOW comes the defendant, f. J. Heron,
anu Tor answer says that he denies all TIE
allegations of plaintiff petition not herein
specially admitted.
lie AYERS that he holds the Office of Secre-
taIy Of State by appointment of the Gov
eFnor OF the State: that he was so appointed
after the suspension OF the informer and
plaintiff, George T. Bnvee, by the Governor
OF the State Tor Lnalfeasanee in office; that
the Governor was empowered and author
lied to make such suspension, and the APP
p0lntment OF respondent on the follow Ing
grounds and for the following reasons:
tirst-Ihat the said George f. Boyee bad
violated the law aud his oath of Office in
this, in taking a paper purporting to be the
bill Incorporating the Crescent City Water
works Company, prepared by Oscar j.
Duun Lieutenant Enyarnnp of tho Gta+a