New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-28
AN ACT
No. FL.

AN ACT
To limit and define the duties and powers,
fees and emouments of the Auditor OF
Public Accounts and other ministerial Off
GERS OF the State, and to prohibit them
from inStituting or defending actions
suits, writs, or other process for or against
the State, and from employing counsel
and mourning costs of court ATTORNEYS
ices and other unnecessary expenses to
the State, and 10 define the duties and
powers OF the Governor, the Attorney
General. the district attorneys and the
courts OF the State in certain cases.
WHEREAS. 1t appears that the Auditor of
Puhilc Accounts and other ministerial off,
GERS have, without authority OF law, incui
red great ana unnecessary expenses to the
State. and impaired the credit of the State,
by EarIous and unnecessary litigation and
whereas, The constitution and laws have
made proper and sufficient provision for the
INSTITUTION. maintenance and defense in the
courts OF the State Of all actions. suits,
wis. or other legal process Ins tituted or to
be instituted in behalf of or gainst the State.
or III behalf of or against any of the officers
OF me State III their respective official capa-
cities; and
Whereas. The organic law and sound pub
lie policy require and designate that the
powers ami duties Of the coordinate
branches OF the State government should
be maintained distinct and separate. the
executive. the Legislative and the Judiciary.
DIS set forth in the constitutions and
Whereas. The several district ATTORNEYS,
n and Tor their respective districts, are the
proper officers designated by the constitu
ton as counsel for the State and for officers
OF The State in their official capacities; and
Whereas, The Attorney General is the
chief law officer of the State, and the con-
stltUtional adviser and counsel of the An
dit0r OF Public Accounts, the State Treas
urer and other ministerial officers of the
State: and authorized and required to insti-
tute, defend and control all suits, writs ac-
tons and other legal process in behalf of or
against such ministerial officers. in their re-
spectiv6 official capacities; and
Whereas, The Attorney General and the
district attorneys are paid by the State
large salaries for the performance of such
dnties az pertain to their respective Offices
and the public have right to their services
IN return, and, together with the judiciary.
they have the exclusive right to determine
and pass upon all constitutional and legal
questions arising out of any contract or pro
ceeunGs, or otherwise. wherein the State
may be interested, directly or indirectly. or
wherein any public officer may be called
upon to act in his official capacity; and
hereas, The Governor of the State as
the chlet executive, charged to see the.
laws faithfully executed, has the right. in
case of the absence. death, resignation or
inability to act in any particular case of
the Attorney General. or proper district
attorney. or where either Of them NAV be
directly interested, a right 10 designate an
attorney for such case, to act in behalf of
the State, for the protection of the public
interest
SECTION /. Be it enacted by the Senate
and House of Representatives of the STATE
Of Louisiana in General Assembly ron.
vened That hereafter it shall not be law.
full for the Auditor of Public Accounts th4
State Treasurer, or other ministerial officers
of the State, to be or appear in any court
of the State, either in person or by privat,
counsel, to institute, maintain, defend
prosecute, or in any manner interfere or
attempt to control any suit, writ, or other
legal process Except criminal proceedings
which may be brought against him in his
official capacity. or in which the State may
be interested, directly or indirectly, or BE-
III any wise party: but in all
such cases the papers shall be served,
II the action be instituted in the