New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-06

and SUSPENSION were adopted; that night
Mr.. Pinchback took possession of the Once
and issued a proclamation assuming 10 ne
Governor; called attention to the fact that
no articles of impeachment were franco
until four or five days after; on the tWeilth
Governor Warmoth procured an ~
junction from the Eighth Dlstrlct
Court restraining Mr. Plnchback from
acting as Governor: this Mr.. Pinchback
treated with contempt. Governor w ariiotH
then read the decree OF court. nhlnB anu
impIisoning Mr.. Pinchhack for contehPt'
The law prescribes that in case OF lhlpeacn'
mept the matter shall be reterrt 10 colI con-,
inittee to take testimony: ana the aC1 -
may aDpcdr and cTOss-cXamlnt "Itn'
tha, Il he committee report adversely, I'M
neacbmeut shall fail. No such procee4IinHS
were had in this case. Governor W ar
moth filed exceptions on these grotunu7'
through counsel. before the court VI ~
,'aaohncnt and .ie Senate did not pe.m-I
the exceptions to be filed. .o,.;o,,,
MIR. Raw said the merits OF the eHceP, ION. ion.
we're argued upon the question "a 'N0'.
beingsfled. ,rera
or,,Ied They were not permitted 10 be
EI.n ON .Le ground that they were GiSTe
snec,rri tn the court. as they attacked .hc
| constitution of the court.
r., rr Nort.n-~Mr. ElfnOre was aCrlnc
| ind e NV virtue Of a certificate issued ny
Gnvern0r Warmoth. based on the returns;
| Judge Dibble, who was the opposite cahui-
| date, was issuing injunctions and had al
mitted that be himself drew an order upon
which he restrained the Wharton board;
he believed he had a right to declare the
result of the election in such case without
waiting the action of the returning board;
thinks Dibbles term of office expired ten
DAYS before Dibble issued the ipjunctlons;
the iniupctions he was issuing were pro
cured by Mr. Kellogg; that Longstreet and
HawkiasE had been agreed upon by Mr..
Kellogg, Chief Justice, and others and
that if he had not issued the lnIuhe,,
tions he would have been arrested
| by the United States Court Issued COM
missions to other judges in New Orleans
at the same time there was no such
! emerpency in the other cases as IN that OF
| DibbIe; believe the judges elect were en-
! titled. under the law, to their place 9, not
| withstanding the conflicting returning
| boards at the time; and for that reason pc
! lieyed he could issue certificates though
! the law provided the returns should first be
made by the returning board to the Sfcrc-
tary of the State the law provides that the
indges shall hold over until their successors
are 1ualified; but believed Dibble meant,
bv means of ipjunctiOns. to continue him
self in Office.
Mr.. Ray read Governor Warmoths an
swer to the interrogatOry from DurelIs
court, saying he commissioned Elmore on
the ground that his election was notorious.
Mr.. Morton asked Mr. Pinchback whether
the New Orleans judges applied to hin1 Tor
commissions
Mr.. Pinchback replied they did.
Governor Warmoth said this was done
by advice of himself and Others, because he
knew if they did not others would be put
! in their places.
Mr. Pinchback said he wanted Judg"
Dibble summoned to reply to what Coy
| eynor Warmoth had said.
Governor Warmoth hoped he would b".
4 question arose as to which and how
many Judges should be summoned. which
the Committee laid over FOX future ccns!de
! ration. 90
pugn the motives of the judges, but pro
! posed to show that because the Kellogg
/ Legislature was in session and recognized
, bv the President they did not care "a &c
! otherwise than acknowledge il.
! The investigation was then adjourned
until ten o'clock tomorrow.