New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-08

| anteed to the State of Louisiana by the
| constitution of the United States; that said
| object is intended to be accomplished by
depriving the said people of said State OF
| tbe choice Of its officers by fraudulently
| dieregarding the right Of the duly elected
| officers of said State of the right to admin
! ister the offices Of said government, and
| substituting by fraud and false certId-
| Gates and evidences, and canvass persons
| who have never been elected to positions OF
trust and office in said State, and to confirm
! said pretended title to office by destruction
| of evidence of the actual vote cast at said
| election, and that your orator verify be
| lieyes that unless your hOnors Immediately
| allow, on the fling of this bill, restrain
! ing order restraining the said defendants,
| and each and every one OF them, from dOing
! the acts for which your orator herein prays
| they may be restrained, your orator fears
| that before the hearing and determination
| of motion for an injunction, the sad de-
! PENDANTS Will have completed their unlawful
scheme of fraud, and will have destroyed
| proof upon which your orator must rely to
support his legal right to the office OF Gov
| ernor as aforesaid, and your orator will be
| defeated thereby.
Wherefore your orator prays that your
| honors will grant and allow such restrain
! ing order to the same range, effect and ex-
| tent as your orator has herein prayed that
! said several defendants may be restrained
| and enioined, and that the said order be
maintained in full force until your honors
shall have heard and determined motion
or rule on said defendants to show cause
! why the writs of injunction herein prayed
| for should not be allowed.
And may it also please your honors to
order and adjudge that the said defendant
H. c. WarmOth, within period OF time to
! be fixed by your h0n0rs, do make and de-
| post in this honorable court in the office of
| the clerk thereof, full, true and exact sworn
copies Of each and every paper, document
| affidavit, tally sheet, list, sworn statement
or certificate or letter which he may have
received or may have come into his posses
| SIGN from any commissioner or commission
| ers. or any officer concerned in the con-
| troll or management of said election, or who
| had any duties to perform in connection
! Herewith, and from all supervisors or as
sistaut supervisors of election, in any man
ner relating to said election, in order that
the same may be beyond the power OF de
structiOn by the said defendant, WarmOth,
| and his said confederates, and in order that
the same may be saved to your orator as evil
| dence to enable him to establish his rightto
the office of Governor as aforesaid in any
| judicial proceedings which he may be COM
| PEELED to institute in this court to establish
| and vindicate the same.
And that the same may also be preserved
| for use or proof in support of yCur orators
! bill in this behalf and to establish his right
to the relief by him herein and hereby
| prayed for, and that the said evidence,
documents, ETC., to be produced remain on
| file in this court, in order that the same
may be preserved as evidence IN any action
which your orator may be required to instl-
tute in this court to establish his said light
to said office.
And may it also please your honors to
grant unto your orator the most gracious
| writ of subpoena, under the seal of this hon
orabIe court, directed to the said defend
ants. Henry C. Warmoth, Jack Wharton,
| Frank II. Hatch, Durant DaPonte. John
| McEnery and the said New Orleans Repub-
lican Printing Company, to be served on
| the said w. r. Fish, president thereof,
commanding them and each of them to be
| and appear before your hOnOrs. on some
! day certain to be named in said wTlts, then
| and there to make full, true and complete
answers to all and singular the premises
and stand to and abide all such orders and
DEGREES as your hOnors would deem tit,
proper and just IN the premises. And that
! your hon0Ts grant unto your orator such
other and further relief in the premises as
to your honors may seem meet and just,
and as equity may require; and your orator
will ever pray: oo,o,
! J. L. Beckwith. counsel and solicitor for
complainant.
District of Louisiana, S. S.-William Pitt
| Kellogg being first duly sworn, depOseth
that be is theA complainant named in the
foregoing bill of complaint; that ne knows
the contents thereof; that the allegations
contained therein are true, as he verify be-
| Iieves, except as to such allegations as are
therein set forth upon his information and
belief. and as to all such allegations he yer
| ly believes the same to be true.
| WILLIAM P. KELLOGG.
Sworn 70 and subscribed before NE. No
vembeE o6o 1872
F.A. WOOLFLEY.
| United States Commissioner
ORDER.
LET :lis Bill be fled
Z. H. DLRELLo Judge
November Is. 1872.
| ORDER
Let the defendants herein be cited 10 shOw
cause on the nineteenth instant, at II A. M,
before this court. why iniunctions pendeHte
| lite should not be issued as prayed fOG in
| compliments bill of complaint, and in the
meantime, and until further orders of this
| court, let the restraining order prayed for
in said bill of complaint issue against said
defendants, in form and to the effect prayed
! for in said bill Of complaint.
f. H. DURELL, Judge.
November 16, 1872.
MARsIIALs RETURN OF SERVICE.
Receiued November 16, 1872, by the
| United States marshal, and on the same
| day served copies of the within order as
! follows: On H. G.. Warmoth, by handing
the same to him in person, at the ST Charles
Hotel, in this city; on Durant DaPonte, at
the same time and place, and in like man
ner; on John McEnery, by handing to him
! at M0reauS restaurant, in this city; on the
! New Orleans Republican Printing Com
| pany, by handing the same to w Z. Fish,
! the president Of said company, at his Office
| on Camp street, near Poydras; on Jack
| Wharton, by handing to him in person, at
| the St Charles Hotel; and on the eighteenth
| day same month and year, served copy on
F. H.. Hatch, by handing the same to him
III person at his Office, No 80 CarOndelet
| street. /. w. DEkLYNE,
Deputy United States Marshal.
RESTRAINING ORDER.
United States of America, Circuit Court
| of the United States, Fifth Circuit and Dis
| trict Of Louisiana, November torn, A. d.
! 1872. New Orleans, Saturday, November
| 49, 1872. Court met pursuant to adjourn
ment. Present the Hon. Z. H. Durell, Dis
! trict Judge. William 2. Kellogg VS.. II. C.
| WarmOth ct ais, No. $3.50.
On motion Of J, r. Beckwith, counsel
and solicitor for complainant, it is ordered
! that Fl. G. WarmOth, Jack Wharton, Frank
| IL. Hatch, Durant DaPonte, John McEnery
| and the New Orleans Republican Printing
| Company, publishers of the New Orleans
| REPUBLICAN, a newspaper, being the official
| journal o! the State Of Louisiana, be en-