The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-12-07

duties Of their office until Their sucnsSsors SSs
are inducted. The Heron board mIlsi
hniSh the canvass, or no Legislature can
oe conyened; and they will 6e protected
by this court The statutes are conStitu.
donaL The court has jurisdiction. The
legal board Is Warmoth, Heron, Lynch.
Hawkins and Longstreet. The Question
Of Kelloggs eligibility Is not pertinent
here, and will not be passed upon. The
opinion OF the court Is, however, that he d
eligible. The order, and decree Of me
court divested Of technical verbiage ia At
follower: II enjotns Warmoth against
canV@sing, considering pretending 10
canvass &C., any Of the votes cast al the
lest election, or any returns thereof. The
court in the presence OF John Lynch.
Jacob Hawkins, James Longstreet and
George e. Bond, members OF tho Returp-
ing Board for said election. Il prohibits
him from submitting any returns 10
Hatch, Dapente, or any other person ex-
Gept Lynch. Hawkins, Longstreet and
Bond. It prohibits him from suppressinV
or altering the returns In any way, or
from interfering with the Custom House
boards In canvas. II prohibits him
rom refusing them documents that
they may demand. It iorbids him
to issue commissions or TO deposit any
records or certificates to any public off.
cer showing the result of their election
without the concurrence of the Custom
House Board. Itenjoins Hatch, Dupont
and Wharton in the manner PRAYED FOR
In the compliments bill. Ii orders War.
moth TO deposit Immediately into the
office OF the Circuit Court all returns or
other documents he may have relating to
the election, In order that copies NAV be
made Of them and they may be preserved,
to be used il necessary.
Judge Durrell having finished reading
the decision, ordered the rule for con.
tempt TO be continued until Monday. and
the Court to be adjourned till to.morrow,
Mr. semmes says: May it please vour
Honor, wish to enter a motion in this
matter.
Judge Durrell-I will hear nothing to.
day. | do not feel well. can attend to
hearing no motion to-day. will do 1t 10,
morrow.
Mr.. semms-Will you allow 1t TO be
filed to be considered on Monday.
Judge Durrell-I will not permit It TO
be filed without l have heard 1t, and /
will not hear 1t till Monday morning,
The court then adjourned till to.mor.
row at ii AN.
After.the adjournment Gov. wsrmoth
went TO the office Of his attorneys,
semms & Mott, followed by q crowd of
about 500 people.
WAsH1NGToN, December 7.-The fol-
lowing kilograms were received here to-
day:
NEW ORLEANS, December 0.
To Aon. George Il. Williams, Attornsv
General, Washington:
United States Court yesterday directed
the Marshal TO take possession of the
Mechanics Institute, subject to further
orders of the court, and in the mean
while to prevent any unlawful assemblaPe
in violation Of the restraining order of|
the court in the case pending under guise
or pretext Of authority claimed by virtue
OF pretended canvass aud returns made
by the pretended Returning Board, in
contemplated violation of said restraining
order. In compliance, at an early hour
this morning I occupied the building
with deputies and military posse fur.
nished on my requisition by Gen. Emory.
not interfering with the State officers IN
their duties.
tsigned s.. B. PACKARD,
q. s. Adrshdl.
New ORLEANS, December Q.
To the Att0rney General, Washington:
The Court to-day rendered a judgment
In the case ganting an injunction pendente
lie as prayed for, and declare the Lynch
Returning Board the only legally consti.
tuted Board to make a canvass, and re-
quired the production to said Board Of all
election returns. 8. B. PACKARD,
United States MdrdIdl
The Returning Board decided legal the
demand by the United States District
Court from Governor Warmoth OF all
documents relative to the election of No
vember 4, in his possession. The Gov
ernor has not yet responed. In the
Eighth District Court several injunctions
were issued upon petitions of Armttead,
Lecretary Of State, elect. Wharton, Sec.
retary Of State, dJdct0, and the Return.
ing Board, composed OF Iaabelle, Wilson.
Taylor, Austin and Deeveioux, restrain.
ing the Custom House Returning Board
from in any way interfering with the
canvass Of the votes. An application has
been made 10 have these cases taken to
the United States Circuit Court on a writ
Of Certi0rGri.
The Times editorially says Of Judge
Durrelps order for sVizing the State House;
"Thls order was based on a proceeding
for contempt before Judge Durrell, which
proceeding Is now or was at the time this
movement was made. under consideration
by Judge Dutrell, there was therelrre no
pretext ot legality or authority in the
matter. Judge Durrell had declined 10
hear the rula for contempt, before enter.
ing upon the arguments on the bill in
chGncerY. The District Attorney had
asked this preliminary hearing. 1t was
the usual course Of proceedings. The
parties charged with contempt, made
their appearance and answered the inter.
rogatorieS served on them.
NEW YORK CITY.