New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-11

IL Il
NECESSARY witnesses touching the matters
ALLEGED herein, and that SAID Archibald
Mitchell. e. z. Forman, 8. Al. Thomas, U.
r. Hunsaker, Samuel n. Todd, be ordered
TO file in this court sworn copies OF SAID
statements, tally lists, memoranda and
other papers in their possession touching
said election and that the original OF the
sarne be produced for examination and
Identification, and that your crater have
leave to examine witnesses touching the
same, and that no have proper process 10
that end: that said sworn copies and testi-
mony aforesaid be preserved and perpetu
ated as evidence i'll such further Judicial
proceedings as your orator may be com
PEELED TO resort to in the premises.
And may II please your h0noIs to grant
unto your orator the most gr&eIoue writ OF
subpoena under the seal of the court, di-
rected to said Defendants, and each OF
them, directing them, and each of them, to
be and appear before this court on the day
named in SAID Writs. there to make full,
true and complete answers TO all snd sin
gular the allegations OF this bill and stand
to and abide such orders aud decrees as to
your honors seems fit and requisite in the
premises, and that your donors will grant
such other and further relief as equity may
require, and you orator will ever pray.
HENRY c. MILLER.
Davidson B. Penn being duly sworn, de-
poses and says that he knows the contents
Of the foregoing bill; that he is the com
plainant therein named; that the allega-
lions therein contained are true as he verify
believes, except as to such allegations rs
are therein set forth upon his information
and belief, and as to all such allegations he
verify believes them to be true.
Let the defendants show cause on -
Why injuncti0ns should not issue as
fN, I'D in Ia fTIrsa Lei r.a
straining orders issue " eack and all of the
defendants as prayed.
January 9, 1873.
The complainant having this day exhibit
ed and filed his bill Of complaint against
Caesar c. Antoine and the other defendants
therein named, and has prayed for injunc-
tons peHdeRte GGe 10 issue against the defend
ants therein; and that restraining orders
also issue, restraining tho said defendants
from doing, or permitting to be done, the
acts and things in said bill set forth
Now, therefore, on motion Of Henry Z.
Miller and Thomas Hunton, solicitors fer
the complainant, it is ordered that defend
ants named in said bill do show cause on
the ---, 1873, why said writs Of injune
ton should not issue as prayed for.
1t is further ordered, that said defend
ants, and each and every one of them, be
and are hereby commanded and restrained
to the extent, scope and effect as in said
bill of complaint prayed 1.-THE clerk will at
taGh to this order copy OF the prayer for
Injunction, as set forth in said bill of com
plaint), until the determination of said rule
for Injunction, and until the further order
of the court in the premises.
A true and correct copy of the original
order on file in this ease.
Wherefore your orator prays that yonr
honors will allow and grant unto him the
most gracious writs of injunction under the
seal Of this court, directed to said Cesar
G. Antoine, epjoining and restraining him
from applying for or receiving a colnmis-
sion as Lieutenant Governor, or from act
ing or pretending 20 sot as presiding officer
OF the Senate vi this State, or from acting
OF pretending TO act in any manner what
soever as Lieutenant Governor of this
State, or from demanding Or receiving the
emoluments and salary of said office, or
from setting up, claiming or exercising any
rights or preteDsiOns whatever, under the
returns of the election held on the fourth
of November, 1872, made by said George
T. BOvee, James Longstreet, John Lynch
and Jacob Hawkins as returning officers.
That writ of Injunction may also Issue
to said George Z. Boyee, z. G. DeslOnde,
w. 2. Kellogg, ?. B. S. Pinehback and A.
Il. Harris, prohibiting and enioining them
ard each of them from issuing, making, or
signing, or suffering to be issued, commits
sion for said office of Lieutenant Governor
to said Cesar G. Antoine, or from reoogriE-
ing said Antoine in any manner whatever
As Lieutenant Governor of this State.
That writ Of injunction also Issue TO
Charts H. Merritt, .. F.. HUnsaker, Hugh
J. Campbell, W. l.. AcMilen, Samuel 81
Todd, A. 3. Harris, J. K. Alexander. George
Y KelsO, Rstord Blunt, William Harper,
W. J. Blackburn, Allen Green, o. H Brew
s'er, Curtis Pollard, Robert Worrelb w. ".
Wharton, J. II. Burch, K. l.. Weber, L. i.
Herwig, T G. Andersen, a. j. Sypher, I. A.
hies, Edward Booth, z. z, Herwig, A. e.
Barber, j. Il. Ingraham, Edward Builder, |
f. Daigle, L. B. jerks. Nj. II. Pwitchell 7. Il. |
4. j. Lewis. L. G. White. ]. M. |
Thompson, A. S. Heron, Z. b. Graham, }.
w. Mcdonald, J. 4. M4sioot, A. H Leon |
ard, c. j. G. Pu0kette, James G.. Whit, J. |
+. Kelly, D. s. Cage, II. L. Swords |
and 5. N. Thomas, prohibiting them, |
and each of them, from recognizing |
or treating the said Cssar G. Antoine, in |
any manner whatsoever, IS the Lieutenant !
Governor of this State, or from recognizing |
or treating said Antoine in any manner !
whatever ss the President of the Senate of |
this State, and prohibiting and endorsing |
them. and each of them, from sitting, de- |
iberating, or acting in any NAM er what |
ever, a. the Senate, under the presidency of |
said Antoine, or from recognizing any claim
Or pretension of said Antoine, based upon |
the returns of the State election of the |
fourth Of November. 1872, made BY G. L. |
Bovee, james LoDgstreet, John Lynch and |
Jacob Hawkins, as returning officers, or
from recognizing or considering, as Sena- |
tors, or in any manner giving effect to said |
returns II so far ss they relate to said
Antoine.
And may it please your bonors, in the
first instance, to grant and allow the writs |
lf injunction herein prayed for, pcnGer.e
it, and after due proceedings had. TO de-
,lare that said writs Of I'M JUNCTION be made
And, in consideration Of the premises
your orator p-ays that your hOnors will !
allow and grant, upon the filing OF this bill |
restraining orders 10 the same extent, scope |
ind effect re the injunctions herein prayed,
the parties against whom said |
njuncti0Rs are prayed by this bill, and
Zach and every one of them, from doing the
acts and things FROM which your orator
lrays they may be restrained, and that said |
restraining orders be msintaiDed in force
until the determination of rule to show
,ause Why the wTits of Injunction tegain
prayed should not be granted.
| hereby certify taat tho foregoing is
rue and correct copy Of the pl&inant's
prayer for Injunction in his bill Of com
>laint, IN the CaVse of Davidson Il. Penn
-. Cesar G. Antoine ct als., No. -, of
he docket of the Circuit Court of. the |
United States for the District of louisiana |
eferred TO and made b paro OF tho sub
oined restraining ordero
sfesearosa1icas and RFxar Ranaz-