The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-08-08

the State Auditor for his salary for the quarter
ending on the 3tst December, 1876, four warrants
on the State Treasury, as follows, TO wit: War.
rants Nos. A, 45, 40 and Al, series OF 1876, each
for the sum Ut s3i2 90.
That said warrants, amounting 10 the sum OF
$780, are specially referred to part of this PEI
tition.
That Immediately after the date Of said war
rants petitioner applied 10 the state Treasurer,
Antoine Dubucet, and TO his proper deputy at
the Office, TO have the same cashed, and was In.
formed that there was no money In the treasury,
but that II he would deposit said warrants with
the cashier oil the State Treasurer they would be-
held on file, and that as soon as money came into
the treasury they would be paid; that such WAS
The mode adopted at the treasury TO secure the
Just distribution OF the funds 81 they came in
and TO secure the payment OF the appropriations
made by the constitution itself according TO their
dignity and precedence.
That accordingly, on or about the 26tb OF jan
uary. 1876, he deposited with the Treasurer
cashier warrants Nos $40, 3tt, 3l2, aud In Febru-
airy or March, 1877, he deposited warrants Nos
Al, As, 46 and At.
That said warrants remained 80 deposited till
lately, and during the time and also subsequent
to their being Withdrawn by petitioner, he made
frequent demands for their payment In person
and through his representatives, but was always
answered that no money had been received from
which his warrants could be paid.
That II IL nevertheless the fact that during the
whols time aforesaid and every time petitioner
or his represe ntative demanded payment OF said
warrants said Treasurer had funds in hand TO
pay the same, and petitioner specially AYERS that
said Treasurer wlfully and illegally refused to
pay said warrants lawfully drawn against the
treasury, though he had funds In hand to pay
the same.
That upon the last demand made by petitioner
the said Treasurer refused payment on the
grounds that petitioner had no privilege, and
that warrants OF the Glass OF those held by petit
toner were not entitled to any preference In the
order OF payment.
That while petitioner believes and AYERS that
warrants drawn for appropriations made by the
supreme law Of the State should be paid In pre-
ference to those drawn by virtue Of contingent
appropriations, particularly when such coDtin-
gent appropriations are las the fact was In 1875
aud 1876 In excess OF the revenue, he moreover
AYERS that, though he might not be entitled to
any privilege or preference, the refusal afore.
said was committed willfully and illegally, not
only while the State Treasurer had funds to pay
petitioner said warrants, but also n order to give
others undue Preference, snd TO refuse petit
toner an equal right with others.
That said State Treasurer Dubuclet on many
occasions refused to pay warrants Ia order to use
funds Ia his hands TO pay warrants held by one
Herwig and others; and he made such payments
under the following circumstances, TO wit. He
would conceal from petitioner and from the pub
lie payments made by tax collectors into the
Treasury. and while 80 cOnceang would notify
said Herwig or others, whom he preferred TO Pc
titioner: he would by continually denying the re-
cept of funds and refusing to pay warrants 30
long 90 they were held by the party 10 whose
favor they were originally drawn, and thereby
place said original party under the necessity OF
selling said warrants at large discount
TO said Herwig snd others; that he would admit
said Herwig and bis other fay rites who had made
such purchases OF warrants into his private Office
by back door or other secret entrance; he would
secretly and surrept'tiousy pay the warrants held
by said Herwig or his other fAvorites; he con.
spired aud colluded with them TO give them said
undue preference and privilege to the detriment
and injury Of Petitioner; and he was actusted In
30 doing by interested motives, party spirit and
by the purpose and intent (which he realized to
great extent) Of making gain for them, his subor-
dinates and himself
That Widow Lanoux Parent, Henry L. Rey,
o. 9. Bandin. J. l.. Montbieu, Pierre Cazenave
and Francois Dubuclet are the snreties on the
official bond Of the said Ar tome Dubuclet, which
bond is dated November 20. 1874, and by which
bond each OF said sureties is responsible In solido
with the said Dubucet for the faithful perform
ance by the said Dubuclet Of his duties as State
Treasurer. each surety having bound himself In
the sum OF $4,000, total $50, 900.
That the Treasurer aud his sureties are not
only liable to petitioner for tho amount Of his
warrants, but also under statute for the four
fold amount thereof, say 900. Petitioner
prays for the citation of the Treasurer and bis
sureties and for judgment in the sum OF $4,000.