The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-06-08
THE JUMEL-JOIINSON CASE.
JuDGE BILLINGS DEClsuON IN THE
AUDlT0HIAI CONTROVERSY.
injunction tn Restrain Alien .Jtnsel from.
Acting as Auditor Refused.

Injunction tn Restrain Alien JuMeI frenl
Acting ms Auditor Refused.
United states Circuit Court, District Of Louis.
ians.-aeotge u. johnson We. Allen Jume
This action Ia brought by aesrge u. Johnson
10 recover possession of the office of Auditor OF
Public Accounts Of the state Of Louisiana.
The plaintiff alleges that on the Ttb day Of
November, 1876 he was q candidate for said
office, at which time an election was held for raid
office. according TO The constitution and laws Of
election he was duly elected TO Haid
Office: that on the 9Th day Of December,
1876, he was In tue eonfse and process of
law returned elected by the returning officers
of election Of eaid State In manner and form as
provided by lawl that In December 1876, he was
in consequence OF his ssid election return
and according TO law. duly commis stoned BY
Vim, Z. Kellogg. Governor OF the State II Louis.
lana: that be then TOOK the oath Of office, gave
bond az required by law, aud ente ed upon the
full and undsputed discharge OF the duties of
said office OF Auditur Of Public Accounts for the
state OF Louisiana, and continued In the actual
ubdistufbed and undispnted possensiot, thereof
with the full and free exercise of all the duties
powers and prerUgatives Of said office lib 10 the
25th day Of APRIL 1877 that Oh or about The 25lh
day Of April. 1877. he was fofcibly and ffaudu.
lenty deprived Of his election 20 eaid oiiibe by
the defendant, claiming 30 be Auditor Of Puhlc
Accounts of said state, and Francis I. Nichols.
acting Governor of said State, IN the ttiaa-
ner following to wit That The said Francis
state Of Louisiana az Governor. and
Allen Jume, claiming TO be Auditor Of
Public Accounts OF said state, wrpngfuy unlaw-
fully. by violence and force Of arms. aud against
the will and consent of the petitioner, took forci-
bic possession of said Office, and that said Jumel
has ever sibce been In control aud possession
thereef that the claim OF authority act up by the
ead Ftancs T. Nichols and Allen Jumel go to
act ia their said capacities rese upon
pretended count Of the vote east
at aaid election, which account excluded the
Votes Of nearly ten thousand ctis4ns. legal
voters. who offered. but were denied, the right
10 vote 81 said election, on account Of race, color
or previous condition Of setvitude who, II they
had not been go denied the right TO vote at said
election, would have voted For your petitioner
and against eatd Jumel which was Ia violation
of the rights secured by The amendments 10 the
constitution, etc.
Petitioner then alleges thai he has been do.
pfived OF hia election To said Office by reaeon Of
the denial Of the right TO vote AZ sad election 10
large number OF qualified electors, who offered
to vote thereat on account OF race, color or pre-
vions condition OF servitude, to the number OF At
lesst ten Thousand. that under and according 10
tbe laws OF Lousiana po yer iH vested In return
ing officers of election which existed, under
which The returns OF said election were made and
determined, whether citizens. legally qualified
voters, had been excluded from the right 30 vote
on account OF race, color OF previous condition nf
eervitude; that The Returning Officers OF said
election did exeroIe that power 30 vested In them
by the Laws Of Louisiana. that p the exercise of
that power they sst,taed your petitioner duly
the state OF Louisiana. On account of
the denial of citizens who offered 10 vote at ssjd |
election Of the righAo vote on account of race.
celof or previous cofslition of sersude, that the
esid Francis Il. NcbsAeb acting ma Governor. and |
Allen Jumel ptelengliIs-to act as Auditor. are
now Attempting ioHiblA and unawfully for the
rsaeona aforesaid g dfsssise your petitioner Of |
HE election M aforesaid
The petitioner then aets out IN detail the mum.
Der of voters whom he .aeges were denied the |
right to vote at said elsutiob, on account Of race,
color or previous condition. Of setvtude.
The petitioner then AYERS that tn. means by |
which aaid denial was effected wac intimidation |
and widespread feeling of uncertainty and ter
rur throughout the parishes so elected on the |
paEt OF eitiE ane 40 denied the right 10 vote that
by The lave and constitution OF said State the
pretended vote putportipg 10 have been cast nn- |
der the aforesaid conditions In the parishes go |
affected was null and void on the ground there
OF: that the returning oilicers of said election
were by law commanded ~ reject and refuse TO
count the same because Of said nullity that by
the returns OF said election. made In obedience
10 said law, your petitioner was duly elected
Auditor, etc. that the claim Of Jume to have
been elected Auditor ie founded on The wrongful
and unlawful count of the votes 40 made null
and void, whereby The sad Jumel received In the
count Of the vetes the full benefit OF the votes
cast Ia the parishes In which there was this de-
NAL OF the right to vote TO 10000 citizens afore.
said.
That the lawfully elected state government. OF
which petitioner was one Of the officers, has been
overthrown by violence. domestic ineurrection
and revolution as above act FORTH
That the government thus act mp and eetab-
iehed IL the government of which Franeis r, |
Nichols Ia now head: that The State of Louisiana
Ne pretended TO be represented by their said gov.
efnment through lie pretended officers thus in
stalled. has deprived your petitioner of his cleo
lion, but that said revolution has IN no wiee
altered or impaired the right Of your petitioner
~ Auditor.
trtn,, e,li,,., Ala .....,...t . j. A. ~. |
legal perquieites of the Office of Auditor.
The petition concludes with the prayer for eta
ton. and for judgment decreeing that he ia the
legal Auditor for the full term of four years. aud
interfering in any manner with the exercise on
the part of the petitioner Of the duties OF said
office. that the said Jumel be ordered to deliver
over 10 petitioner the keys, books, etc, con-
tanned In said Office, aud for damages In the sum
of $4,000.
The substance OF the petition Ia, that the petit
TONER was a candidate for the office of Auditor of
Public Accounts of the state of Louisiana at the
election held on the 9TH Of November, 1876 that
voters In varioua parishes who were entitled TO
vote were denied the right to vote
at said election on account OF race, color
or previous condition Of servitude 10
the Returning Board were by law vested with
complete Jurisdiction 10 correct the errors and
wrongs which had then arsen In these various
parishes. aud that they did make such correc-
l 4
said office; that he was duly commissioned
and entered upon and enjoyed the poeses-
s'on OF said office for the period Of four months,
when he was forcibly elected by 4 government
established by domestic violence instruction
and revolution; that the claim or pretense upon
which they have ousted him from his office il
that the petitioner was not elected and that
The votes which were cast in the parishes in
which the denial Of the right to vete was aft OF
u should be counted against him. According to
70 allegations OF this petition petitioner has not
Den defeated or deprived of any election: but,
oh the contrary, was elected and was declared
eieted by the competent State authority, was
aul commissioned, aud retained his office for
we period of four months. True, there ,,
nAn aheen an unsuccessful attempt to
aea - petitioner by an exclusion of votes {
~ tne.arious parishes; but he AYERS that that
AN ssassMA bad been completely thwarted by the t
MlsAaswhich had the final revision of tho re- !
ILL.,. very vote that was cast, or was at J
ssngsssup be cast for the petitioner and against