The Opelousas courier., 1872-04-27
SIXTH DISTRICT COURT.

The State of Louisiana, by Simeon Bel
den, Attorney General ofsaid State, act
ing in her interest, andpas required by
law, and under his sworn duty as the legal
representative of said State, respectfully
represents that, by the provisions of the
second section of an act entitled an act
to provide for the payment or funding
of the floating debt of the State by the
issue and sale or exchange of State bonds,
approved March 16, 1870, the Governor
of the State of Louisiana, Henry Clay
Warmoth; the Auditor of Public Accounts
of said State, James Graham, and the
President of the Citizens Bank, John
G.. Gaines, said bank, for the purpose of
said act, being constituted the fiscal agent
of the State, were jointly constituted a
Board of Liquidation for the payment
and redemption of the floating debt of
the State of Louisiana, past due interest
coupons, and past due State bonds, con-
tracted and adjusted in due and legal
form prior to April l. 1870. That said
persons, constituting said Board of Lii
quidation, accepted said trust and agen
cy and received and disbnrsed money and
exchanged the bonds of the State of
Louisiana in course of payment of float
ing debt as aforesaid; the money dis
bursed and bonds exchanged being pro-
ceeds of sale Of bonds of the State of
Louisiana and bonds exchanged, issued
by the Governor of the State of Louisiana
by virtue of the provisions of section first
of the aforesaid act of the General Assem-
bly, of Louisiana.
Said Board of Liquidation constituted
as aforesaid during the payment of the
floating debt under said law, paid ille-
gally to Thos. C. Anderson assignee of
one Benjamin We'll, the sum of one hun
dred and forty thousand eight hundred
and ninety-four dollars and eighty-two
cents upon fifteen certificates purporting
to be State certificates of Indebtedness,
all in form, though differing in amount,
from the following copy inserted as part
of petition, as follows:
auditors Office, State of Louisiana, }
New Orleans, November %, 1866
hereby certify that the State of Louisiana is
indebted to Benjamin Well in the sum of $704475,
for goods furnished the State according to coL-
tract of June %, 1864, and that the same will be
paid as soon as an appropriation is made by the
Legislature for that purpose.
Given under my hand and seal of office the
day and date above writren. III. PERALTA.
lndorsed-Approved:
j. MADISON WELLS,
: Governor of Louisiana
s Further endorsement: Examined and
found correct" j. P. Match for the
Auditor (James Grahaml, and further in
dorsed: "B. Well" 'Thos. C. Ander-
son."
That said payment was illegal, un-
justifiable, and without warrant of law
or equity in any particular. That said
board, being individually and jointly the
agent and agents of the State, were re-
by law to the payment of claims
legally and constitutionally due by the
State of Louisiana and adjusted in due
and legal form.
That said claim of Benjamin We'll
never had the sanction of law, and that
said board, without the shadow of law
or authority, have illegally paid the
sum above mentioned. That as agents
of the State, who have transcended their
powers in disbursiDg money and paying
said claim, which said State never owed,
they have made themselves liable to
the extent of money thus wrongfully
paid out, and that the said Thos. G. An
derson, resident of the parish of st.
Landry, is bound, with said H. G. War
moth, James Graham and Jno. G.. Gaines,
for the reimbursement and payment to
the State of Louisiana of the said sum of
one hundred and forty thousand eight
hundred and ninety-four dollars and
cents, which petitioner alleges
they are indebted to the State of Louisi-
ana, by knowingly making payment of
claim as aforesaid, not due by said State.
That said State has sustained said loss
through this agency and Thomas G. An
derson, who received the money. That
they have made themselves liable per-
sonally to the State, their principal, to
the extent of said loss.
Wherefore the premises considered,
petitioner prays that I'll. C. Warmoth,
James Graham and John G. Gaines, all
residents of the city of New Orleans,
and Thomas c. Anderson, of the parish
of st. Landry, be duly cited to appear
and answer the allegations and demands
herein contained and, after due and
legal proceedings, that there be judg
ment against them, in soli1o. for the sum
of $I4O,894 50. with interest of five per
cent, from judicial demand till paid
finally, with costs of suit, and for general
relief. Simeon Belden, Attorney Gen.
eral of Louisiana.