The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-18
A PRINTING SUIT.

There was filed before Judge Billings on
Monday q bill In chaneery against the below
named parties:
Henry W. Benjamin, Of New Orleans who Is
an alien and subject of tbs Kingdom Of Great
Britain. has brought a bill In chancery against
Dupre, citizens Of the State OF Louisiana, com
planning and say ing:
Accounts of said State. and said Antoine Dubu-
elet is Treasurer OF said State: that orator il
holder ana owner of sundry warrants drawn
Treasurer all Of which warrants are common
y Designated general fund" warrants and are
payable out OF such moneys as shall come into
the treasury of said State from the collec-
ton OF taxes upon the assessment rolls for 1877,
due and payable In the year 1873 and can only
hs paid out Of money 80 derived and set apart
and appropriated to the general fund 10 said
treasury, and that said warrants amount to and
call Tor the payment In the aggregate Of the
sum Of 10000.
The orator AYERS that the amount Of warrants
lawfully drawn by said Auditor upon said
Treasurer, which are payable out Of the gene.
raj fund aforesaid for the year 1878 is largely in
excess of the amount Of taxes collected or
money realized or that can be collect or real
led, applicable to their payment Orator is in
formed and believes that other warrants have
been drawn and issued to large amount by
SAID SAID Auditor; payable gu. out OF said general
I haa Tor sala yaf of the Issue OF which he
among such warrants are sundry ones amount
ing IN the aggregate to the sum oil si3 oG3 TO-
which " en- were issued by said Auditor to George
Of a bill rendered by him as state Printer. dated
March 20. 1873. for printing and binding what
he styles Legislative Documents, Session of
1873 Now orator is advised and therefore
AYERS that the work for which said warrants
were issued was unaut horized by law, or II au-
and therefore AYERS that the work was not au-
thorized by competent authority aud that the
charges there or are In excess of the amount
aui horized by law or contract.
Orator pectfuly shows that thu payment
of the aforesaid warrants would to the amount
thereof diminsh the fund Applicable to the
fund is and will be insufficient to pay all war
rants lawfully drawn, against 1t. Orator fears
that unless restrained by this court said Dubu-
elet. Treasurer will nay said warrants 50 I'M
lawfully Issued to said Dupre.
. Orator further shows that he is informed and
believes. and AYERS the fact to be, that other
claims have been or will be made by said State
Printer for other work done without lawful
authority. and orator fears that he will obtain
injury of orator by such increase Of draft upon
said general fund. In consideration thereof
and inssmucb az orator Is without remedy In
have adequate reliet only In a court Of equity
where matters Of this kind are properly cognz.
able and relievable
To the end therefore that the said defend.
ants herein may. II they can, show why the ora
tor should not have the relief herein PRAYED
my true be ana oee m
formation and belief fbut not under oath.
their oaths thereto being expressly waivedD, to
all and singular the matters aforesaid, and that
as fully and particularly az II the same were here
repeated. and they distinctly interrogated there
to: and that the said Dubucet Treasurer be
enjoined and restrained from paying said war.
rants issued to said defendant. Dupre, and the
said Allen Jumel be epjoined and restrained
from auditing any bills which have been
or may be presented TO him by said
Dnpre as State Primer for work of
like character or otherwise .Aunauthorized by
law or contract hereunder or issuing any war
rant theref r. or II issued that the said Duhu
clet be restrained and enjoined from paying the
same: and that all such warrants. and especial
~ the warrants issued as set forth herein, be
declared TO he void,
Orator prays for an order restraining defend
ants until In due course of law motion for said
Injunction can be heard that upon final hear
ing said Injunction may be made absolute and
perpetual. Writs Of subpoena are also prayed
for. Rouse Il Grant, solicitors.
Judge Billings has rendered the following
order:
Let the defendants uamed In the within bill Of
complaint show cause on Friday. the twentieth
instant. ut II o clock q. m. why an Injunction
pudenfe lite should not be granted as prayed for
in the within bill and meanwhile let the defend
ants be restrained and euioined as prayed for.