New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-29
No. ii.
a |IN

AN A((I
10 limit and define the duties and power,
ices an1 emoluments of the Auditor of
Public Accounts and other ministerial off
GERS of the State and to prohibit them
from nstituting or defending actions.
SUITS. writs, or other process for or against
The State, and from employing counsel
ana mourning costs OF court ATTORNEYS
Ices and other unnecessary expenses to
the State, anu I'd letne the duties and
bowers OF the Governor. the Attorney
Sthti'i, the district attorneys and the
courts OF the State in certain cases.
WHEREAS. II appears that the Auditor of
Fublc accounts and other ministerial otti
GERS have. without authority OF law. inciu-
led great and unnecessary EXPENSES to the
STATE, ana impaired the credit of the State,
ny various ana unnecessary litigation and
hefeas, lne constitution and laws have
lnade proper and sufficient provision for the
lhsIltatlon, maintenance and defense in the
co'lt OF tae State OF all actions. suits.
WITS OK other legal process instituted or to
D" instituted III behalf ot or a galst he State.
or IN behalf OF or against any of the officers
o. me state IN their respective official capa-
cities; and
>. heieas, The organic law and sound pub
He policy require and designate that tne
powers ANA duties OF the coordinate
branches ol the State government should
ne maintained distinct and separate. the
executive. the legislative and the Judiciary
as set forth IN the constitution: ard
Whereas, The several district ATTORNEYS
III ami Tor their respective districts, are The
proper officers designated BIZ the copstitu
non as counsel tor the State and for officers
ol Inc state IN their official CAPACITIES: and
nereas, The Attorney General is the
chlef law officer OF the State. and the con-
stttUhonal adviser and counsel of the An
~,
user and other ministerial officers nt tho
state; and authorized and required TO inst;
tute defend and control ali suits. writs ac
'i"hs anu other legal process in behalf of or
against such ministerial officers. in their rn-
spectiye official capacities: and
;, nereas, The Attorney General and the
'istrlct attorneys are paid by the State
ar siiafieE lor the performance of such
outles as pertain to their rcspectiye offices
ana the pubic have rio lit to their sery;cas
III return and. together with the i,,dic;,r1
lhey nave the exclusive right to drterrn;,,a
"io pass upon all constitutional and ]eraI
questions arising out of any contract or pro-
ceeuiiiSs' or otherwise, wherein the Star.
nhy pe interested. directly or indirectly. or
wherein any public officer may be called
upon /" act IN his official capacity: and
whereas, The Gol or of the Stata 90
the chief executive, l[hareed to see 80 ,n ns
i laws iaitnfully executed. has the right. in
ease &C, CT the absence, death, resignation or
tha 'i,ilS To act in auy particular case OF
~. attorney General. or proper district
attorney, or where either Of them nav ho
directly Interested, a right 20 desanare an
a. Attorney tor such case, to act in behalf 81 |
pupi'c
SECTION l. BE it enacted by the Senate
ana liouse Of Representatives of the STATE
oi Louisiana III General ASSEMBLE an,,
yened, That hereafter it shall NOT j'o f Loil-
'ul Tor the Auditor of Public Accounts. t,e
state treasurer, or other ministerial officers
81 81 the the s state to De or appear in any court
to institute, maintain. defend
prosecute, or IN any manner interfere. or
'ttenpt 10 control any suit, writ, or other
eSai process except criminal rroceedinosl
S W may be brought against him in Els
'lilelal capacity, or in which the State NAV
,e interested ann directly or indirectly, or be
II Ne, any wise party: but in all
: cases the papers shall be served
the action be instituted in the