New Orleans Republican

Eighth District Court.

On behalf of Mr. J. Strauss, a broker, Messrs. Hornor & Benedict applied to this court for a mandamus to compel the State Treasurer to recognize about $100,000 in State warrants, dated 1868 and 1869, and signed by G. M. Wickliffe, Auditor, which warrants, in the course of trade, passed from hand to hand until they finally came into the possession of the relator (Strauss), who directly thereupon presented them to Auditor Graham, to be recognized as payable under the funding bill, but that officer, instead of complying with such demand, wrote across the face of each warrant "counterfeit," whereupon this suit.

The State set up in answer that the warrants had been wrongfully issued, and without consideration.

Judge Dibble having recused himself, the case was tried by Judge Emerson, and on the thirteenth instant his honor ordered the mandamus to be made peremptory, compelling the Treasurer to recognize as valid the warrants of relator.

In his opinion, Judge Emerson reviewed the evidence and decided that there could be no doubt as to the liability of the State; that admitting, for the sake of argument, that Auditor Wickliffe issued the warrants fraudulently, an innocent party, holder of the warrants, could not be made to suffer, but that the onus must fall upon the State, as the fraud, if any, was committed by one of its officers, for whose acts she must be held responsible.

Auditor Graham testified that when these warrants were presented to him to be declared entitled to payment under the funding bill, he saw nothing whatever wrong about them, and would undoubtedly have complied with the demand, but that he could not discover on the books of Auditor Wickliffe any entry showing the purpose for which these warrants had been issued.

Governor Warmoth has employed Messrs. Semmes & Mott as special counsel, and they have appealed to the Supreme Court, where the case will be fought out to the bitter end.