New Orleans Republican., 1872-12-09
rnonrrrrrED rroM rHrRp pAGE.
and petitioner further prays for costs and
all general relief.
Simeon Belden, Attorney General; A. ?.
Field and J. Q. A. Fellows, Of counsel.
Filled fourteenth November, 1872.


Louisiana, ex reI Attorney General, on in
formation of f. j. Heron ct ais vs. Jack
Wharton, +. FL. Hatch and Durant DaPonte.
The supplemental petition of the plaintiffs
herein respectfully represents:
That all the allegations in the original
petition are true, and in addition thereto
shat the attempt OF the SAID defendants to
act in the manner alleged in said petition,
and to sit as the returning officers of cleo
hons and to act as such returning officers,
will defeat the object of this suit and rem
der nugatory the judgment therein prayed
for, and that an injunction is necessary to
prevent such defeat Of the objects OF this
suit, and prevent the law and the rights of
the State and the parties in interest from
being violated;
Wherefore petitioner IpTays for a writ of
Injunction against said Jack Wharton, +.
H. Hatch and Durant DaPOnte inj0ining
and restraining them from in any way or
manner, either directly or indirectly, sitting
or acting as returning officers OF elections,
and especially of the election held in this
State on the fourth Of November instant, or
from in any manner interfering with the re-
turning officers named in this petition Tor
whose benefit this suit is brought, and IRON
intruding into and u5urplng the office OF
returning officers of elections, and from in
any way interfering or hindering the return
ing officers, and especially Frank j. Heron,
James Longstreet and Jacob Hawkins III
the discharge of or from their performing
the duties Of such returning officers, and
petitioner further prays that after all due
proceedings this Injunction be made perpet-
ual and for costs and all general relief.
Simeon BeIden, Attorney General; A. F.
Field and j. @. A. Fellows, OF counsel.
Personally appeared the undersigned
who being duly sworn, says that all the al
Legations and statements of fact in the fore
going supplemental petition are true, aud
f. j. HERON.
Sworn to and subscribed before Inc, this
fourteenth November, 1872.
THOMAS LYNNE, Clerk.
Filed fourteenth November, 1872.
ROBERT LYNNE, Deputy Clerk.
Let the defendants be ordered to show
cause on Saturday, November 10, at IL
A. NJ, why an injunction should not
issue as within prayed for and according to
law Meanwhile let the defendants be or
dered to desist from the acts complained OF
until the swearing and determination OF this
rule.
New Orleans, Novem Der IA, 1872.
HENRY G. DIBBLE, Judge.
Let writs of injunction issue as within
prayed for without bond, the State being
plaintiff.
New Orleans, November 10, 1872.
HENRY G. DIBBLE, Judge.
Eighth District Court, Nos 1856 and
1856. The State of Louisiana ex. rel, etc,
vs.. Jack Wharton. The State of Louisiana
.ex. rel, etc. VS.. F. H, Hatch, DuTant Da-
Ponte, etc-The defendants for cause why
the Injunction should not issue in these
cases as prayed for and for answer to the
rule nisi, say
First-The petition discloses no cause of
action of which this court has jurisdiction.
becOnd-Ihe said Wharton, as appears
by the afIidayits on file, was duly appointed
to discharge the duties Of the office of Sec
retary Of State during the suspension of
George &. BOvee, and he is actually and
peaceably in the discharge Of said duties
now, and was SO at the time the petition
and supplemental petition were filed.
Third-That as it appears by the affda
Wits on file the said +. IL. Hatch and Durant
DaPOnte were duly summoned to act as re-
turning officers for the election held the first
Monday of November, 1872, being the fourth
day of said month, and qualified as such,
and their selection and appointment are
valid.
Filed November l6, 1872.
o. M. TENNISON, Deputy Clerk.
Eighth District Court No. l3j45. The
State ex. rel. Attorney General VS.. Jack
WhartOn.-NOw comes Il. G. WaTmOth, by
his counsel, Semmes 81 Mott, and moves to
dismiss the proceedings taken in this case
in his name and without his authority, he
1aVIng never authorized tine same
II. G. WARMOTH,
Semmes Il Mott.
Not granted but simply filed, by order Of
the court.
Filed November l6, 1872.
o. NJ. TENNISON, Deputy Clerk.
Eighth District Court-H. G. Warmoth
ct ais VS. F. j. Heron ct als.-JoAn Lynch
being duly sworn, says that he is the
person named by statue 100 Of the
acts Of 1870 as returning officer of elec
tiOns; that on Tuesday, November Il, 1872, |
there met of the said returning officers in
the parlOr of the Governor OF the State, the
following persons: Henry G.. WMmoth, Il. |
J. Heron, p. B. S. Pinchback and atfant;
that all four were mutually recognized as
such returning officers, though the question |
was raised as to the eligibility OF Z, B. S. |
Pinchback, Lieutenant Governor, to act at |
dhis election, he being candidate, but no |
determination was arrived at. No question |
was made as to tie qualification OF the |
other three members of the board as named |
above. The board proceeded to an organ |
izatiOn by electing Governor H. G. War |
moth, and John Lynch, |
affiant, Secretary, when, there being no
magistrate present to administer the oath
of office required by the statue, the board |
adjourned to meet the next day at II NJ,
at the same place. +. j. Heron during all
this time was recognized by atfant and
Governor Henry q. WarmOth as Secretary
of State, and as such as one of the return
ing officers designated by law, and no ques
ton was raised as to his character or status
as such returning officer. That on the next
day the board met according to the above
adjournment, the members present as
Before, when after discourse thereupOn,
the question Of the eligibility of
lieutenant Governor Pinchback was
temporarily postponed, and the Chief JUS
Gice of the Supreme Court of the State,
Hon. John F. Lndeling being present, he
being requested, administered the oath of
office as returning officers to II. c. War
moth, +. j. Heron and atfiant the oath
was administered simultaneously to the
Shree, each one rising from his seat and
neither objecting to any other, but all at
Geast tacitly cOnsenting to the eligibility of
each other as legally members of the board
Ot returning officers; each Of the three mem
Oers then resumed their seats, and without
turning aside to any other business pro-
Ceeded to act upon the eligibility of Lieu
tenant Governor Pinchback, who, on mo- {
zion Of affiant and by his vote and that of f.
j. Heron, was declared ineligible by Gov ]
eTnOr II. G. WarmOth the president of the !
board. From that moment, the Governor, ;
II. Z. Warmoth, did not leave the table nor !
sign any document removing +. j. Heron {
from the office OF Secretary of State, nor !
any commission OF Jack Wharton as Secre- !
tary of State until after the board adjourned
and until after the atfiant had left the room :
with the minutes of the proceedings of the :
board in his possession, and which he took !
with him as secretary. That what followed
IN the proceedings OF the board and imme- =
liately after the announcement of the re- !
JuIt OF the vote on the motion of atfiant de- | :