New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-12

State of Louisiana, represented by Attor'
ney General Field, vs.. Henry c. Dibole,
A Assistant Attorney General.-The petition
alleges that one Henry c. Dibble, residing
in said parish and State. has unlawfully IN
truded into the office of the Attorney Gen:
eral of the State, and has pretended and
assumed to exercise the functions and
iutiee Of said Office since his usurpation on
or about the day Of -, A. D. 1875,
nnder the name and title of Assistant At
torney General"
Your petitioner and informant ayers that
the act of the Legislature Of 1874. being
No. IS of said session, by which it was At
to create the said pretended office
of Assistant Attorney General, and under
the said Dibble claims his right of intrusion
into said office of Attorney General, is
wholly null and void, because it's provisions
are repugnsnt to the article of the constitu-
ton Of 1868 creating the Office Of Attorney
General, and defining and prescribing the
duties Of the Attorney General; and the
said act No. IS being unconstitutional and
said Dibble a. Assistant Attorney Cen
eral" are also null, and gives him no shadow
of right to interfere with the Attorney |
General, or to intrude himself into his office. |
Your petitioner further AYERS and charges
that on or about the eighth day OF March, |
1876, the said Dibble, by pretended aP-
pointment or order issued to him by w. r.
Kellogg, Governor. claims the night ana
authority to have the exclusive control OF
the business of the Attorney Generals
Office, and under said illegal order and ap-
nointment he is about to usurp said office.
Tois illegal order is also based upon said
ACT No. Sc. second section thereof, and said
act being in derogation of the provisions of
the constitution comforting power on the
Attorney General, as before alleged, is null
and void, and the said Governor was with
ont authority to issue any such order or ap-
pointment.
Your petitioner and informant further
ayers that A. P. Field is the legal incum-
bent Of said Office of Attorney General; that
he has never been removed therefrom by
the modes provided by the constitution;
that there has been no vacancy in said
Office since his introduction into it; that he
duty of said office since his induction
therein. and is still ready and able to per-
form said duties.
He AYERS that the interest of said A. P.
Field in this suit is over $4,000.
That it is necessary that . writ of in
| junction issue restraining the said Dibble
| from any further action by him, either as
Assistant Attorney General under his pre-
| tended commission, or as such under the
iIleoal and uuwarran table order of the
Governor of the State during the tendency
| Of this suit.
Wherefore, the premises considered, your
! netitioner and informant prays that said
| Henry C. Dibble be cited to appear within
the legal delays and answer this petition.
| That q writ of judgment issue restraining
and forbidding said Dibble from any fur
Their interfering or acting under his pre-
tended authorities az aforesaid in any suit
| in which the State Is q party. or in any
| business which pertains to the Attorney
Generals department Of the government,
| and pending this suit, and that after due
hearing they be made perpetual
He further prays that on final hearing
hereof, your honor will declare said act No.
tional. null and void; that said Dibble be
adiudged without right or title to assume
any functions of said Office of Attorney
General, or to discharge any of its duties,
and that he has no right to represent the
State Of Louisiana in any case whatever:
He further prays that the said A. +. FIELD
be recognized as the sole incumbent Of said
office of attorney, having ful! power ana
control over all the State business pertain
ing to his said office; that the said order
and appointment of said Dibble, issued as
aforesaid, be declared wholly illegal and
unwarrantable interference by the execu-
tive with the Attorney General.
Injunction issued without bond.
John Klein and George H. Shotwell vs..
Ernest F. Observation-Disclosures aver the
appointment of a committee to investigate
the affairs of East and West Felicians,
East Baton Rouge and St. Helena. with E.
l.. Weber as chairman; that they sum-
moned witnesses who were entitled to and
received certificates of Indebtedness; that
many of these are now held by petitioners
that b. law they are to be paid out OF the
$1,000 contingent fund: that defendant, al
chairman, has drawn the whole sum IRON
the Auditor, and refused to pay the Chains
Of petitioners; that he is about to pay othel
claims, and prays that he be restrained
and that they have judgment for $l466 20
| and he be commanded to pay it. Injunction
issued on bond of $500, and rule nisi why
the claims should not be paid fixed fol
March IA. go.
Mrs. Eliza Mccormick VS.. NJ. O'Sulli
van.-Petitioner alleges that her two lots.
held in paraphernal right, were seizeC
March 8, 1876, and will be sold in the case
Of Joseph Billgery vs.. Andrew Mccormick
for a debt of sos; that the property is moi
liable, and prays the parties be RESTRAINED
: and for damages of $500. Injunction ISSUED
on bond of $3.50.
Fifth Regular Baptist Church vs.. G.. w
|, Robinson ct al-Petition sets forth that w
H. Hawkins, Thomas Jones. Joseph Garter
] ", Aoss~~,
Tongue and Peter johnson were elected
trustees; that the three latter conspired t.
admit rejected members, and going into tn
|, | nulpit to advocate it were suspended b.
President Hawkins; that February y the,
made similar disturbance and the pOllc'
were called in, and prsys that they b.
restrained. Injunction issued on bond
$3.50.
Homerie Boutte ct al, executors of F: B
Routte. vs.. Mime. Anais Arens ct al-Petl
TONERS allege possession by their tenants
the p1 operty at the corner Of ST. Charlie
street and Commercial alley; that defend
ants are interfering by directing the tenant
not to pay their monthly rent, whlc
amounts to sl35; that they have institutes
suits in the First Justice Court. and pra
that they be restrained. Injunction issue
on bond of $3.50.
First District Court.
sENrENcED.
Henry Cooper, assault and battery, te
, DAYS: John p. Childress, assault and ba
terry, 81.
Second District Court.
, Successions of William D. Hardeman an
J Elizabeth Mills Fellows opened.
GRUNEwALD's-Oneo of the most populs
: stores Of our city is that Of Mr.. Louis Grun
!. wald, Grunewald Hall. Nos. IA, 10, IL, :
? and % Baronne street. 1t is large, We
3 arranged and attractive; the stock is COZ
= nlete. we'll selected and always re.iabl
. The steinway, Knsbe and Pleyel pianos, q
. of,onv established reputation, together vii