New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-19
Yle1v Orleans 8tpublieat1.
6FFICIAL JOURNAL OF THE UNITED STATES
eFFIclAL JOURNAL or Nc" 0RLtaisS
THE COURTS
Eiahth District Court.

- the carly morning hour D8 Lhr L!hS "a
-, afiaavit which said that +, y. HeFEon
lied on the ahiant Douglas on fFldaI IaSt
"a t,atr a seal for the State, to be ready on
~ - Foiinginp Tuesday, and he called on the
Tbrrsday following the day when II was TO
l,a done. when Douglas refused to give IL
~ Afffdavits were offered CouHter 20 Ihls'
md the ease will come up again to DAY
The following petition was yesterday
fled in this court: r,,-.-,-. l,,,u4 e,- 41,a
10 the honorable the Eghth DlsItic' N'"A'i 0A "-0
PaI1sn af q Ull' IF Henry C. Warmoth, Jack
WIN frank IL. Hatch and Durant
1apnnta who reside in New Orieans, with
resDeet represents: That Frank j. herroh,
Jacob Hawkins, James LongsTee5 ana
John lynch, who reside IN new OIlef'ho'
sre CONSUMING together to create Fevoiu-
+innorv movement against the State OF Lou
isiana' by pretending to be returning ON
nars nf laid State under and by Vlftue ol
$40 election law of the year 1870, ana pre-,
y,arino to be authorized ana prollluS@L9"
Tho resiIlt of tie recent elccLloh heIu "h bno
{ourth of November, 1877, Whlle III run
and in fact, your petitioners ,"gSC"Gl WIN WIN
eaid John Lynch, constitute the legal poafo
~ ,atnrnipg officers for said e!ecuOn, ana
vnnr netitioners are majority OF SAID
Ioard vested with full authority to act IN
tile premises. -, al +ha
re+urns of elections are required 10 DC lraus-
7nitted to the Governor OF the State, TO De
by him opened in the presence or Inc Do"ro
If returniur officers. Your petitioners aver
that said IL c. Warmoth, Governor OF the
S1tata Of Louisiana, has in no manner recog-
Tizad said Heron Hawkins, Longstreet and
T.vnch as constituting said board OF return
mo officers: but, on the contrary, has recog-
njzed and accepted your petitioners To-
gether with himself, as said board, ana mas
been acting in concert "lth Iheln @' S''i1
board. .r ;I
Yonr Detitioners also aver that II SAID
fTerron. Hawkins, Longstreet and Lynch
are in possession of any legal returns Oh
said election, they have obtained possession
of the same unlawtully and surrepCltlousiy
and are not authorized to open or examine
tha same: your petitioners also aver that
ma said HERON. Hawkins, Lnngstreet and
lynch. protesting to be legal board OF re-
tnrninp officers, which they are not, have
given out that they will promuIgate the re-
suIt of said election of fourth November,
1872, in whole or in part; and petitioners
aver that such PRONUNCIATION WI be In Vlo-
1ation of law, and not based on lega1 re-
turna made TO said Heron, Hawkins, Lynch
and Longstreet, and In express violation OF
section tifty-eight Of said election la" ol
1879. 49,. no;a
Wherefore petitioners pray that SAID
ETerron Hawkins Lynch and L0ngstreet
he eoioined from receiving, opening or
rountipg any return or statements OF the
election held in this State November 4,
1870 ar i'm aDy manner acting as the DOafd
NJ ratnrninp officers of said election, and
from nsing any returns or statements OF
said election, Of which they may have OBJ
7ained possessiOn, from pronulgatlng the
result Of said election in whole or III part
and that the New Orleans Republican
Printing Company be also enJolned from
publishing any returns OF result OF Said
election in whole or in part made by said
pretended board, and that said defendants
he cited and condemned to pay damages IN
she ann of $1,000 to the State OF Louisiana,
and now by H. C. Warmoth, Governor OF
the State, joins in this suit and for general
relief. SEM mrs O. MY l.:
IT. G.. Warmoth being duly sworn, de-
poses and says that the facts set forth III
s"o ~ H. C. WARMOTH.
Sworn to and subscribed before me this
eighteenth day of November, 1872.
HENRY C. DIBBLE, Judge.
Ordcr-Let defendants show cause on
Tuesday, November 10, at Ii A. ID, why an
injunction should not issue as prayed Tor;
meanwhile let u restraining order be made.
HENRY C. DlBBLE, Judge.
New Orleans, November Is, 1872.
United states circuit Court"
The following is an abstract OF the bill
in ennitv. filed BY William Pitt Kellogg
against Fl. G. Warmoth, CT ais, on Saturday,
uDon which the Injunction against promul-
CATION of the returns was based
William Pitt Kellogg, of the city OF New
Orleans and State of Louisiana, brings this
his hill AGAINST Henry c. Warnorh, Jack
Wharton, Frank H. Hatch, Durant Da
Pon o and John McEnery, aud against the
New Orleans Republican Printing Com
many, and complains and says: That at
6hc general election lately held your orator
was nominated for and was candidate LOT
election al Governor of the State, ana that
at fhe same election MCEnery was a can
didate for election to the same Office
According to the law of Louisiana, no per
son YVES qualified voter until he had been
registered, and the law IN reference to
registry vested the appointment OF the
registry officers in II. &. WarmOtb, VINO
has repeatedly avowed his intention to
adopt aud use all the means IN his power to
SO exercise unlaWIully defeat the election
of your orator, and for that purpose has so
selected persons for the office of super
visors and assistant supervisors Of reg1stra-
tion as to obtain persons pllabIe to his
will and who would concur with and aid
him in the execution of his unlawful plans,
and for that purpose your orator DeheEes
that Henry G. Warmoth dId especially
make it condition precedent TO the up
pointment of such officers, thatthey should,
in all things, and by all unlawful means
assist in the accomplishment of such ends,
ane of which means was to refuse registry
OF qualified persons on account OF race,
color or previous condition, and that in the
execution OF this scheme, large number of
citizens, who are cOlOred, were refused reg
istratiOn on various frivolous and unlawful
pretexts, amounting to ten thousadd voters
and these means were adopted to defeat
the election of your orator: and on the day
of election when said persons presented
themselves to deposit their ballots for your
orator, they were refused the right to de-
pogit them; and that your orator Is IN pos
session of evidence of that fact presented
under the enforcement act.
Your crater believes that from 5000 to
5000 persons who SO presented themselves
were refused the franchise, the persons so
Offering to deposit their ballots beng per
sons of color. The defendant, 0mbInlng
with the supervisors, has caused q dishonest
and incorrect and false count of the votes
in the several parishes of the State; has
falsiied the return certificates OF the result
and canvass of the vote, and they are I'M
true because large number OF the ballots
east at the election have not been counted,
and the ballots so suppressed were cast IN
favor Of your orator, and were sufficient TO
have elected him to the office Now the
Raw of Louisiana requires the supervisors
and assistant supervisors to receive the
boxes from the election commissioners,
open and count the votes Immediately after
election, and make bripIicate returns, and
TO inclose q copy OF the list and all
needtul memoranda to the Governor OF
the State and the law also provides that |
the Governor, Lieutenant Governor, Secre- |
barry If State and John Lynch and l. q.
Anderson or a majority shall be the re-