Petition.
"To
the Honorable, the First Judicial District Court of the State
of Louisiana, in and for the Parish of Caddo:
"The
State of Louisiana on the relation of Paul N. Cyr, a resident
of the Parish of Iberia, and said Paul N. Cyr, who joins the
State as Plaintiff herein, present this, their petition, as
plaintiffs herein, and for cause of action, against Huey P
Long, a resident of the Parish of Caddo, now made defendant
herein, alleges and avers:
"1.
That said Paul N. Cyr, was duly elected Lieutenant, Governor
of the State of Louisiana at the election held on the Tuesday
next following the third Monday in April, in the year 1928,
for the ensuing term of four years, beginning according to
law.
"2.
That on the 21st day of May, 1928, said Paul N. Cyr, took the
oath of office as Lieutenant-Governor and entered upon the
duties thereof.
"3.
That the said Huey P. Long, Defendant herein, was duly
elected Governor of the State of Louisiana, at the election
held on the Tuesday next following the third Monday in April,
in the year 1928, for the ensuing term of four years
beginning according to law.
"
4. That on the 21st day of May, 1928, said Huey P. Long, took
the oath of office as Governor, entered upon the discharge of
the functions of Governor, and has been claiming and
occupying the said office up to the present day; that the
said oath contains the language required to be taken by
members of the United States Senate, under the Constitution
of the United States, Article VI, Clause III.
"5. That at an election held in the State of
Louisiana, on the 4th day of November, 1930, according to
law, the said Huey P. Long was elected United States Senator
from the State of Louisiana for the term beginning March 4th,
1931, and ending March 3rd, 1937.
"6.
That the said Huey P. Long submitted his credentials in
regular form as United States Senator from Louisiana for the
term of six years, beginning March 4th, 1931, to the United
States Senate at the National Capitol at Washington, D.C.,
and they were received and accepted by the said United States
Senate, sitting in regular session, and have ever since
remained in the records of the United States Senate.
"7.
That by thus actively and voluntarily presenting his
credentials to the Senate, the said Huey P. Long, irrevocably
accepted the Senatorship of the United States from the State
of Louisiana, for the term beginning March 4, 1931, in
pursuance of his election as such; and he caused himself to
be duly enrolled as Senator from the State of Louisiana for
said term.
"8.
And in consequence of the foregoing the said Huey P. Long,
procured for himself all the prerogatives, privileges and
immunities possessed by any and all other Senators of the
United States.
"9.
That the said Huey P. Long, has received official recognition
as Senator from the State of Louisiana for the term beginning
March 4th, 1931, and is now recognized as such Senator by the
Government of the United States.
"10.
That there is now no vacancy in the office of Senator from
Louisiana.
"11. That the said Huey P. Long, is entitled to
receive his salary monthly from and after March 4th, 1931.
"12.
That the said Huey P. Long, has had assigned to him as his
office as United States Senator from Louisiana, Room No. 141
in the Senate Office Building at the Capitol at Washington,
D.C.
"13.
That the said Huey P. Long, has had assigned to him, as
Senator of Louisiana, telephone No. 888 on the United States
Capital Exchange.
"14.
That the said Huey P. Long has done divers other acts which
can only be performed by the United States Senator.
"15.
That subsequent to the 15th day of October, 1931, and after
the said Paul N. Cyr had been inducted into the office of
Governor, the said Huey P. Long had procured Alvin O. King,
President pro tempore of the Senate of the State of
Louisiana, to act under the Constitution of Louisiana, and to
assume the functions of Lieutenant-Governor and has publicly
acknowledged said King as the person who should act as
Lieutenant-Governor upon the accession of the elected
Lieutenant-Governor, Paul N. Cyr, to the Governorship of
Louisiana, which has been vacated by the election, together
with the other acts thereafter of the said Huey P. Long.
"16.
That, therefore, the said Huey P. Long, Defendant, is today,
and has ever since March 4th, 1931, been a member of the
United States Congress.
"17.
That the Fourth Section of article 19 of the Constitution of
the State of Louisiana forbids any Member of Congress to hold
or exercise any office of trust or profit under the State of
Louisiana.
"18. That by accepting the office of United
States Senator, said Huey P. Long, by that act, forfeited and
lost all right to hold the office of Governor of Louisiana.
"19.
That although the said Huey P. Long, has been duly elected
and has voluntarily accepted the office of United States
Senator and gone into possession of same, and by that act
forfeited and vacated the office of Governor of Louisiana,
said Huey P. Long, continues to unlawfully hold and exercise,
and to remain in possession of the office of Governor of the
State of Louisiana.
"20.
That on the 13th day of October, 1931, said Paul N. Cyr, on
being advised that he was of right Governor of Louisiana,
took the oath of office as such before the Deputy Clerk of
the First Judicial District Court, in and for the Parish of
Caddo; and in due course deposited the said oath for filing
in the office of the Secretary of State of Louisiana.
"21.
That on the 13th day of October, 1931, the said Paul N. Cyr
advised the said Huey P. Long in writing that he had taken
the oath of office as Governor of Louisiana, and had been
inducted into said office; and made demand upon the said Huey
P. Long that the said Huey P. Long immediately surrendered
the office of Governor, together with its archives and all
that pertain to such office, and divest himself of the
appearance of Governor of Louisiana.
"22.
That on Wednesday, October 14th, 1931, the said Huey P. Long,
in a written reply to said Paul N. Cyr, declined in toto to
accede to the demands of the said Paul N. Cyr.
"23. Plaintiffs further aver that from the date
the said Huey P. Long was informed, as aforesaid, that
Plaintiff, Paul N. Cyr, had qualified as Governor of
Louisiana, and received
the demand of said Paul N. Cyr, for the said office of
Governor, the said Huey P. Long has held the said office of
Governor in bad faith.
"24.
That the salary, fees and emoluments appertaining to the
office of Governor from the 13th day of October, 1931, until
he shall vacate the office of Governor of Louisiana, are
justly and truly the property of Plaintiff, Paul N. Cyr, and
said Huey P. Long should be condemned to pay over to said
Paul N. Cyr, such fees and emoluments as he has drawn
appertaining to the period beginning October 13th, 1931, to
the time of his vacating the said office.
"Wherefore,
Plaintiffs pray that the said Defendant, Huey P. Long, be
duly cited to appear and answer this petition, and after
legal delays and due proceedings had, judgment be rendered in
favor of Plaintiffs, and against the said Huey P. Long,
ordering the said Huey P. Long to immediately vacate the said
office of Governor of Louisiana, and to deliver the same to
the said Paul N. Cyr; and that he be further condemned to
deliver to said Paul N. Cyr, all property of the State of
Louisiana, and all books and papers in his possession
appertaining to the office of Governor of Louisiana.
"And
plaintiffs further pray that if the said Huey P. Long should
refuse to comply with the judgment of this Court, that he be
ejected from the said office in the manner provided by law.
"Plaintiffs further pray that the said Huey P
Long, be ordered to pay over to the said Paul N. Cyr, all
salary which he shall have drawn as Governor of the State of
Louisiana, pertaining to the period which shall have elapsed
from the 13th day of October, 1931, up to the time he vacates
and delivers...
