New Orleans Republican., 1872-12-09

OillCts AlIlhub, VIII LL6 minutes Ol lue pro
ctedings in his possession and in company
with f. J. Heron, left the room; that he
went without delay to his room, at once
proceeded to put the proceedings OF the
board in form while the whole thing was
fresh in his mind, and that the exhibit A IS
q correct copy OF those minutes, and that
the minutes are true and correct That
subsequently, on the same day, attlant ana
+. j. Heron jointly notified James Long
street and Jacob Hawkins of their appoint
ment, and received from them the certiti-
cate of the oath of Office as returning Off
GERS, and saw the oath administered by the
Chief Justice Ludeling. all on the same
day. Adiant further says that when he, on
consultation with the Secretary Of State,
f. J. lierron, had concluded that James
Longstreet and Jacob Hawkins being as be
believed and does believe, fair and just men,
would be suitable persons to fill the vacan-
cY caused by the disqualification of Messrs.
Pinchback and Anderson, and he attended
the meeting of the board, the two sessions
held bv the board on Tuesday and Wednes-
day, the twelfth and thirteenth instant,
with intention of voting for them to fill said
vacancies. JOHN LYNCH.
Sworn and subscribed to before me, this
nineteenth day Of November, 1872.
THOMAS LYNNE, Clerk.
Filed November 10, 1872.
O. NJ. TENNIsoN, Deputy Clerk.
A true copy:
ROBERT LYNNE, Deputy Clerk.
TCopy Of record Of and afidavits in suit No.
1856, in Eighth District Court for the parish Of
Orleans
To the Honorable the Eighth District Court for the
Parish of Orleans;
The petition of the State of Louisiana,
through Simeon Belden, Attorney General,
upon the information of Francis j. Heron,
a resident of the city of New Orleans, with
respect, shows:
That the said Francis J. Heron, joined
with the State Of Louisiana, is legally en-
titled to possession, and is in actual posses
sion Of the office of Secretary of the State
of Louisiana; that he is entitled to hold
and to exercise the functions and duties Of
said Office until his successor, elected at the
general election held in the State Of Louisi-
ana, on the fourth day of November 1872,
shall have been lawfully inducted into the
said office.
The petitioner further represents that one
Jack Wharton, a resident of the city of
New Orleans, is illegally assuming to be,
and is illegally asserting right to the pos
session of the said office Of Secretary Of
State, in violation of the constitution and
laws Of the. State of Louisiana; that the
said Jack Wharton has no color of right or
authority to possess or exercise the func-
tIOns OF the said office, or to possess the
said office, but that, nevertheless, he asserts
himself to be and assumes to be Secretary of
State as aforesaid and to that extent the
said Jack Wharton is illegally and uncon-
additionally usurping and intruding into
the said Office, in violation of the constitu-
ton and laws as aforesaid
The State OF Louisiana, by these proceed
ings, joins the said Francis j. Heron here
with and prays that the said Jack W'har-
ton may be cited to appear and answer
these proceedings; and that, after all due
and legal proceedings had, that he may be
decrecd to be u5uTping, intruding into, and
unlawtuliy assuming or asserting the right
to exercise the functions Of the office OF
Secretary of State as aforesaid. And
furthermore, the petitioners pray that a
Judgment may be rendered in favor Of the
plaintiff, and in favor of the said Francis J.
Heron, Secretary Of State as aforesaid,
herewith joined with the State Of Louisi-
ana, decreeing the said Francis J. Heron
to be entitled to have and to hold the Office
of Secretary of State, and to be entitled to
exercise the functions of said office; and
that the decree may be so rendered as to
him in possession of said office
until his successor has been inducted into
Office as aforesaid.
The petitioner prays for all such further
and general relief as the exigencies of the
case may demand or the law warrant, and
for costs.
Simeon BeIden, Attorney General Of Lou
isiana; A. 2. Field and J. @. A. Fellows, Of
counsel
Filed November Ia, 1872.
ROBERT LYNNE, Deputy Clerk.
To the Honorable Eighth District Court for the
Parish of Orleans:
The supplemental petition Of the State of
Louisiana, through Simeon Belden, Attor-
ney General, and Of Francis j. Heron, Sec
rotary of State OF the State Of Louisiana
with respect represents:
That these proceedings have been taken
and are had with the view Of maintaining
the said Francis j. Heron, herewith Joined
with the State of Louisiana, in possession
OF the office of Secretary of State, which !
the said Francis j. Heron is now legally |
and actually possessing and exercising: |
that Jack Wharton, defendant herein. has
threatened and is now attempting, in viola !
ton OF the constitution and laws of the |
State, to take forcible possession of the |
office OF Secretary Of State of the State of |
Louisiana, and is, by force and arms, as
'erting right to possess and exercise that |
office; and that the said defendant. Jack |
is furthermore attemDtinr lille |
5ally and uncOnstitutonally, to exercise
pertain of the functions pertaining to the |
)fiice of Secretary Of State, which are
lot actually discharged in the Office of
he Secretary Of State, especially the
light to sit as a member of the returning
BOARD, organized for canvassing the returns
# the general election under the act rela-
i've to elections in the State Of louisiana
The petitioner further represents that, in
rider to prevent violation Of the constitu-
ion and the law, and in order to maintain
he said plaintiff in the possession Of said
ttice pending these proceedings, in conform
ty to the constitution and the laws, and in
rider to prevent the said Jack Wharton
rom asserting right to or attempting to
btain possession Of the said office of Secre-
ary of State, and in order to prevent the
aid defendant from attempting to exercise
ny OF the functions of the Office of Secre-
ary OF State, or doing any act pertaining
eald 0t1lce, and especially to prevent the
ald defendant from attempting to exercise
he duties Of member of the returning
0ard, under the law relative to elections
J the State OF Louisiana, it is necessary
nat writ OF injunction issue, restraining
he said defendant from attempting to as
ert right to tho office of Secretary Of
tate, or to exercise any Of the functions Of
Md office.
Wherefore the petitioner prays that the
lid Wharton be cited to answer this petit
on: that writ of injunction may issue
orein, injoining Jack Wharton, defendant
erein, from attempting by any man
n or form to obtain posses
on Of the Office of Secretary Of
ate of the State Of Louisiana, and injoin-
G him, the said Jack Wharton, from as
rting right to the said office in any
her manner than by legal proceedings
accordance with law, and injoining him,
g said defendant, from exercising or at ,
mpting to exercise any Of the functions /
the Office of Secretary OF State, and es-
cially injoinirg him, the said defendant, :
om attempting to exercise, or from exer- .