The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-04
TIE ELLIOTT CASE.
The Injunction Against the State
Officers Refused by the Cir
cult Court.
An Interesting and Exhaustive Re
view OF the Law OF the Case by
Judge ". u. Billings.

tartlRy rendered ny Judge H. q Billings. sitting
ms United States Circuit Judge, Ia the case
or Elliott et alH. against Francis 7, Nichols
Governor. IT ais, In which IN Injunction was
asked 10 restrain Tho officers of The btate from
using the Interaat fund In any way other than
: III provided for Ia tho funding act The decision
was as follows
Al Circuit Oontt Of Tho United ata'aa District 81
AIsnsliaiptA- Eliot Ut pla, Va Francis Il
NieholiH 81 ~ Wha ler II. feohhan and
MasHrs Lacey 4 Butler. lGilufa Tor com plain
ants Hon. n, u. ogden AttrheT Geuata aud
/ Hon. y. u. hsan Assistant Attorney General
solicitors for res p0naehts.
I'hia an,lAa IL submitted upon The hill ~ com
plant. An appl eation l. made Tor ~ injuno-
4 Nun npndpnte ifn.
The bill II W ught by numerous rtiEana ~
The State of New Yofs aaainat Frstnols I. Mich
oils. Governor Alien jun Auditor: apd hi-
ward A. BurAn. Treasurer the state N Ifh H.
ANA. Nil VI whom are dttBanH ~ eaiti State 81
The bili acts forth TINT he nempanania are
the holders III bonds n 18th tho anne sai aonpons
iHHusd NV Tho State IL Louisiana under what II
known % The "fandins act, being net No = Of
the Legislature III Louisiana Tor tho y ar 1874,
The bill ehHrRaa that ~ the terms nf that at
y continual annual 7 ~ tst mills "a ~ dol
lar Of all tho property IN t4r state w's levied,
apart for the rurpt ~ 4 paying the interse
mud principal of these hapd4 VI. eSoeaa above
by said Act devoted 10 the ra irement OF the
principal or the bonds thamaelva hat TIL act
Eaa by ntpyialan u w Capitalization Tuition y y, H., ne
general eIsotion 10 November of that vear,
confirmed and declared T. create 4 val co..
ttnnt between the state An1 any and al Ut tho
holders Ill HHid bonds. aud that az further
legislation should ha requisite tor The Rssrss+
tnent and enlleutiog q liatas, or lhe ymnpf
thHt there il the aum VI $3.50 ono In the hands ~
Fl abe. Htale Treasurer WHICH has been collected
HI and paid Into Tho State Treasury : 4 tha paY-
Nnnl III tho inter- NJ aud utinnpa Of anfd
" bonds and under thu fuuiIua Hc ~ laf+. ana
II anepfdina 70 said c9nstt n'l ,hal aheadinent.
~ md inf hn an nj ia Gut
Injected and paid intn the III ~ TraaHnfF 20 meet
80 tntaregi npon eaid nond4 falling due on the
u Hfst day Ut January, 1891
i That the institutional Convention of the
Htnta nf Louisiana. Witch Waa naaamh lad In the
rear 1879. haaa proposed. aud The ~ DC the
AtHte have adopted, a new aouR itn ton, which IL
10 go into operation gu the frat day of January,
taa1. which provides hat tho interest iakea uol-
leetad VI meet the rpEpNns payable ~ that time
shall be trHnH farfHd to daftav the expenses Of
the State government eni that its provisions
nlae imlt the entire saa I'M Iar any nnn yaaf
ertY Within the Btatei that these ptnvis na af
the new constitution mpalt the ob'igatt II OF
holders Of Hald bonds. hnt that, ~ com piainanta
fear. theY Will have full fleet given them by the
Sssabs IT, dsfeae and ha SAID 4S u II sans Woo 600
now tn the treasury Of the state will b. diverted
from the payment OF the intere' upon said
bonds TO the purpose Of daffaylns the expenses
OF The government OF the State.
The prayer III the bin h TINT the new oonati.
sboaea sasi act NJ S 'sG
the yoar iHTA and with the nmehdstrry provi.
aiun OF the coaetltutinn adopted ~ the same
year. may he declared ta he vol ! that The de-
fepdantH may b compelled by the decree OF
Tile court Y Garry int, effect The rrnyalons Of
deisndanta may b snioinpd from making apy
other disposition Of The moneys In he treasury
ri the State collected updar the sA, mentioned
81 the, payment ot the Interest aud principal Of
g&4Hhld bonds.
Thia II d bill In equity brought agaInst The
Ii "a "a HFnnEtlrnT.
No compel Hpncltla performance " u npntragt
made between the 1t ito aud ia eteAl tntt-l a..
lp compel tho unymaat artain bonds and
the Interest cnuppna iseunh by the atHta. aud
nor series Of years % iieut an,i tiny uvnr TIN
taxes heretofore levied faf that purpose. Incl
s dentally aud In Md of The bill an i1Iunetun Ia
naked To prevent the diversion If moneys
~ arising from taSea aud now IN The state t'aas-
urY from bain9 applied foe nv other purpose
Il or In any 9th 4 manner titan to he estlnguisa-
II msnt ri thnae bonds and interest anupanr. In
u vi the HtatH. made by Il lagslatvA act nnd CON
frmed BY constitutions u ovision..
Tho aovefrrnor Ct the state + made a. party
him either NJ the Ghef aaststrate of the state
or M n member Oh the lard Of Lfaui1ators,
81 which board, after oomuleiipg tho funding Of
II the debt Of tho Stair. IL chang "a nv act No,
I with the duty Of davotinE any surplus Of he
annual taSae which mag remain after paying
The annual interest TO the hnf ing np or redeem
Y inT the honda themselves. Nanher by that not
nor NY the ,oonilrmasfy provision " thao
etitnuon did that OHIO II have any other fune-
tlon committed TO him with references to tho
4 alppoaitiun III tho yearly taxes rho clear
# meaning II that the Auditor and Treasurer
\ Ehal pny tho tntarest and the hoard II 10 re-
+ deem the honda only With any exc "a Of fluids
N heyond the amount required Tor the .vinant
H%Uf the Interest There Ctn ha na GROUND what
xever for nj Injunction pgai lat tha Governor.
as. with references to the diapoaiton of the
D1mnnsya raieed. be can ooly not ~ one u the
k4bunrd. anu with Au eSnaaa, which IL In not
ffclnImed has any esistanee.
It Tho restraint, therefore. can he sought only
g5wno alone ara charged with pa,iuE ,he inter
Negt upon the bouts. and the mon being In the
I treaaufy. they alone could divert It.
# 4 have not heea ahte aes how the right to
%fhn Injunction can hn separated from the right
#io the ultimate relief a"ught hv the bin. owhteh
n AZ IL nothing but au adjauat nni epnaarvatory
fneans. II Il net averrad ha, any aut Ut law IL
pending. or II 10 Ne inat tuted Ia mid
#pf which this snlt " brought. This court Il
$nHked to detain by injunction the moneys In
#fhe treasury Without any. suggestion Of nus
#npmpulsnry process hy which Y aln BE-. Applied
unless the ilnai decrae Ia th,s etuse oan afford
Hueh process. 80 far IA he money In the treas
#nry u cnnuerned, the. TILL - ~ injnnotion %
well IA that 10 the tinal relief must rest upon tho
Huuesuon rs to whether Tho authority resides In
cpnrts OF Justice to deal with moneys 80 ait
Before considering this question II viii %
necessary TO ascertain the character OF the
zoslioea OF the Auditor aud Treasurer of the
4 6tata. and the functions Of oaa ofleers aa
RFlEned To them respectively, uua the oonsti-
Stutlon and laws OF Louisana,
ae ss are es ~ emra ~ he e Ea
&barfmPnt. They are chosen by tho people. |
hold their offices for The partod or four years
SAnd are liable to impeaeh ment.
Their pow, m and duties are still further de-
EXned by Legislative anHcl menta which were III
force when the constitution OF 1865 was adopted.
mad which have not b en ahrcgbtad
lEhpae OF the Auditor are IA follows: To iu /
4 W snttla nil claims against the state payable
q ~ of the treasury. except such claims as may
$expresey required by law 10 be audited by
4ne other person. He may Ia his discretion.
kmtne under oah parties presenting
"a ft IA ma Ff
kims. In all casaa Of allowed claims he must
raw his warrant upon the frr aaurer in n pre- |
@cfthad form. AT the request OF amy person In |
l&srested. who IA ag1rieved hy hisueci- ion. he
must refer any account, cnim or credit pre- |
vented to him to ha an titaa 10 the St Ganerai
Aaaamhiy. Hf IL required % cancel anv interest
rnupea spoH nus atesRu tcaFrdHt ia settlement
FDf the ss1ae
The appointed duties Of the Treasurer are to |
#teceiye and safely keep all the moneys II the |
H&tHte. to dipburse them upon war Ruta drawn |
Supon him according to law, and not NJ herwse. |