New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-11-05
COURT RECORD.
COURT RECORD.
TUESDAY,, NOVEMBER 1, Az ).
United States Circuit C0uyts
Adjourned to to morrow
Supreme C0ur:s
Adjourned to to-Norrowe

4
Adjourned to to morrow
Supreme Cour;s
| Adjourned to to-Aorrove
superior District Court.
! tn !o!iowins petition was filed today:
i00eIt Ray, judge Of the Fourteenth
Judicial District. vs.. Charles Clinton, State
| Auditor. and Antoine DuDuclets State
| Treasurer
| To the eIDnora5s she Judge OF ehe Superior Dis
trict Court II and fjr toe Sal.s2 OK orleans N
tle state OF Louisiana:
The petition Of Robert Ray, resident Of
the parish OF Ouachita, II said State, re-
spectfully represents unto your honorable
court that he is Judge Of the Fourteenth
| judicial District of said State, and has oc-
cnpied and diligently discharged the duties
| OF said Office ever since the --- day of
-, a. d. 1870. up to this time. and is
now judge of said district.
Petitioner :ucrher represents that his
said office was created. and the salary
thereof fixed a: 5000 per annum, by the
constitution OF this State. and tha: the
! salary Of his said office is payable quarterly.
Petitioner further represents that live
quarters of his salary are due, and that the
! Auditor o. Public Accounts has issued to
! him five certificates for $3.50 each, there.
| for. witt an order on the Treasurer Of the
| State in each certificate 10 pay the same,
| fcates and warrants 20 be presented to
| the Treasurer of the State for payment,
who has failed TO pay the same tor the
! Reason assigned by hlE that there were no
funds in the State treasury belonging to
| the general fund, the fund out of which his
| said salary is directed to be paid. and out
| of which the law provides it should be paid.
| Petitioner further represents that the
I revenues authorized annually to be raised
| by law to be carried to and to constitute
! the general fund in the State treasury, con-
! sists il. four mills on each dollar of the
value Of all the real and personal property
| in this State subject 20 taxation. the
license tax on occupations. trades and cali.
! ings and miscellaneous revenues that can
not be here accurately described.
Petitioner further represents that ]: il
| provided by the amendment to the consti-
| tuition of this State, adopted at the general
| election in November, 4 ,. 1870, that
| prior TO .lIe fifth day OF January. 1890, the
| debt OF the State shall not be 80 increased
| as to exceed S25, ,oo0, ,00O."
/ Petitioner further represents that he is
informed and verify believes the debt of
| this State reached said constitutional limit
of s25.0o0.90o in the year A. D. 1870. and
has not been reduced below that amount at
| any time since, and now exceeds that limit.
Petitioner further represents that every
appropriation made by the General Assem-
bly, OF thi. State since the said constitu.
ti0nal limit Of $23 1000. 900 OF State debt was
exceeded az aforesaid. IN excess of the
revenue. ot tha year in which said appro-
pracions We're made. except the appropria-
ton was necessary to the support and main.
tenancs OF the machinery of the State gov.
eminent. were unconstitutional, null and
void.
Petitioner further represent. that the ap.
pciations made by the Genetal Assembly in
each Of the years A. D. 1871. 1872 and 1873.
y be paid OF. Of the said general fund,
which were not necessary 20 the purpose
o: the supper: and maintenance of the
machinery OF the state government. was in
excess 0: the revenue provided by said
General Assembly. after paving the ex.
penses necessary to the purpose of the sup
port and maintenance OF the machinery of
the State government. and were conse.
9uentlr unconstitutional. null and void.
Petitioner further represents that the
said salary OWN; 70 your petition.
scribet and set forth. aud the salary
owing by the State under the ronstitu.
ton creating the Office. and fixing the
salaries. as well a. the salaries OF the
offices created by Law. due Tor the years A.
D. 1871. iS1? and 1873. ans; the miscsilane-
Gus appropriations made by the General
Assent bly, az the session OF 4. y. lS13-a
ceilaneors appropriations is hereto annexed
and made par: OF this petition: re en-.
titled 20 bs paid out Of the general fund in
the State treasury. composed OF the taxes,
licenses and miscellaneous. sources collected
ami creiItaGle. this year being IN part back
taxes. icerses, ETC.. tor preceGln. years,
these being The reveneus composing the
general fund in the treasury. out OF which
such salaries and miscellaneous expenses
II tQS n 20 &c
necessary to the purpose o: the support and
maintenance OF t1e machinery CT the State
GoverDnent.
Petitioner fuftle: represents that the
Auditor Of Public Accounts OF this State
has issued his certificates aud warrants on
the Treasurer OF the State, and is con.inu.
ins to do SO. for the appropriations made in
the years A. D. 1871, 1872 and 1878, which
were in excess of the revenues for those
years. and not Necessary to the purpose Of
she supp,r. and maintenance Of the ma
clineEy of che State government: and the
Treasurer Of the State has paid and is con-
tinuIGg 70 pay The sAm-s which warrants,
as wei. az the appropriations on which they
are predieared ace IncOnsti lN-lonal, illegal,
null and vo.d. and such action OF the Audi
Tor and Treasurer is in violation of petition.
er's rights and grea: injury to him. and
depr!yiny aim of the collection OF his just,
legal and constitutional claims against the
State. and operates the same against all
those who have similar or legal claims
against the State as Aforesaid.
Petitioner further represents that ne and
al those officers similarly situated in gard
to the payment of theiy salaries as atore.
said. and those to whom the miscellaneous
appropriations necessary 70 the purpose
OF tie support and maintenance OF the ma
ehlnery Of the Stats government was made
is, r6 z
deprived OF the payment of their salaries n
consequence of the Auditor issuing and the !
treasurer paying warrants issued on che
above described unconstitutional apprOpria
tions. by which you: petitioners said war
rant. sse 30 deprecated IN the money
market that they will hardly sell for fifty |
eents On the dollar.
Wherefore petitioner N,s~s your honora-
Bile court to grant him an Injunction epjoin- !
ins and prohibitin Charles Clinton, Auditor |
Of Public Accounts OF the State OF Louis |
lana, from auditing or warranting on the |.
State Treasurer for any appropriation made |
by the General Assembly of this State, pay
able ou. Of the general fund in the State |
treasury for the years A. D. 1871, 1872 and |
1873, except IN payment OF the salaries OF |
the officers for the years A. d. 1871, 1872 |
and 1873 created by the constitution and
laws, and the miscellaneous appropriations
made by the General Assembly at its ses-
sior in A. D. l3. B. necessary for the purpose
of the support and maintenance OF the ma,
chinery OF the State government, list OF
which officers and of the said miscellaneous
is hereto annexed and made
a par: of this petition; and that Antoine
Dubuclet, State Treasurer, be enjoined and
prohibited from paying any warrant already
issued or which may be hereafter issued in
settlement Of any appropriation made by
the General Assembly in the years 1871,
1872 and 1878, except in settlement and pay
ment of the salaries due the offices and Off