New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-30
NEW ORLEANS, FRIDAY, APRIL 80, 1875


the provisions of act No. -, but that said
board acted illegally and improperly and in
direct contradiction of said law in receiving
and entertaining objections and pro tests not
entered according to the provisions Of said
act; that in entertaining and acting on said
protests and objections said Returning
Board proceeded in violation of law, both in
the order in which they pretended to inves-
tlgate said protests and in the manner in
which they conducted the examination; and
finally. that in the whole of said proceeding
said Returning Board exercised and pre-
tended to exercise judicial powers under
the provisions of said act and in violation
of article ---O of the constitution OF the
State of Louisiana, which provides that no
judicial powers shall be vested in OF by
bodies or persons other than the courts:
that the result Of said illegal, arbitrary and
unconstitutional action OF said ReturDin 9
Board was that they falsely returned and
promulgated said Antoine Dubuelet as
having received 95S majority Of legal votes
OF the sutfragans of the State of Louisiana,
for the office of Treasurer of the State, when
the tact was that the plaintiff John C. Mon
cure did receive 3S' 6 majority of said votes,
and was and is now entitled to be declared.
promulgated, commissioned and inducted
into office on qualifying, according to law,
as the Treasurer OF the State.
Wherefore, the premises being consider
ed, plaintiffs pray that said Antoine Du-
buclet be served with copy of this petit
tiOn, and be summoned to answer the de-
mand contained therein; that writ of
mandamus issue to the said j. Madison
Wells, l.. M. Kenner and G. Casanave.
members of the Returning Board, com
manding them to assemble and canvass the
returns of said four parishes, to wit: Bien
vile, UeSOto, Grant and Winn. and pro-
70 fhn "A hot %v,o 1o1 Il
by jury upon the other matters, facts and
Issues set forth herein, and that, after due
proceedings had, there be judgment de-
creeing that said commission issue IMPROVE
IDENTIFY to said Dubuclet as Treasurer, and
that he improperly and illegally holds said
office, and exercises the functions thereof,
and that there be judgment decreeing
that j. c. MOncure received majority
of 1876 of the legal votes Of the State
Of Louisiana at said election for
Treasurer and is therefore entitled to be
commissioned as such on qualifying by oath
and bond as the law directs. and that said
Dubuclet be ordered to deliver up said
Office, together with all the books, records,
seal, furniture and other appurtenances
thereunto belonging unto the plaintiff, j. C..
Moncure, on his proper qualification accord
ORDER.
Let a writ of mandamus issue as prayed
for the Board of Returning Officers to com
ing to law, and to account to said j. C.. Mon
cure for the amount of salary drawn by
said Dubuclet up to the time Of said delivery
together with legal interest thereon.
ply with the prayer of the foregoing pc.
tition, or show cause to the contrary within
ten days from the service of this order.
New Orleans, April 90. 1875.
Superior Criminal Court.
OF
her husband and accessory; grand larceny.
Jury disagreed and mistlial entered Bail
reduced to $1,000.
State vs. p. P. Richmond, alias Franklin;
grand larceny. Jury out
State vs. John Martin, alias PiquioE;
manslaughter; killing Harry Robertson at
7:3O 2. NJ, December 10, 1874, corner OF Du-
maine and Derbigny streets. On trial.
ORDER.
In view of the approaching vacation it is
ordered that the month of May shall be ex-
ciusively devoted to the trial of prisoners
under actual confinement, and thar no case
in which the accused is released on bail be
fixed for trial, without the leave of the
court is first had and obtained on the motion
of Mr. Attorney General or Mr.. District
Attorney.
First District Court.
State VS.. John mpson.-Information
for, with intent to injure an engine and cars
passing thereon by. placing an obstruction
on a railway.
State VS.. William Pooler and William
Berry -Maliciously severing from the soil
Of another produce attached thereto. Yer
dict, not guilty.
State VS.. kosanna Mehaffy and Catherine
Carter.-Assault and battery. Verdict, not
guilty.
Second District Court.
SUGGESTIONS of Francois Casmir Carrere,
Mr.. and Mrs. j. l.. Soulier and William
Walker opened.