New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-19

writs. or other legal process lnstnutous 10
he instituted in behalf OF or agalnst 'no S;"srs
w IN behalf of or against any OF the 0hioo ,o
" Tho state in their respective ofhciai capa-
cities; and sound nub-
lie policy require and designate tna a;,ate
nowers and duties OF the co-oluin lid
branches of the State government sho .I'n
ta maintained distinct and separate INC
Executive the legislative and the Judlciaiy'
as act forth in the constitution; anu
Whereas The several district attorneys
:, ord for their respective districts, are tho
AZ officers designated by the constitu-
~ 90 counsel for the State and TOT oniceis
~ Tho state in their official capaclIles, anu
u yV VIZ The Attorney Genera Is INC
chief law officer of the State, ana tLe o a..
st;tutioual adviser and counsei Oh w .ra aa
d;tor of Public Accounts, the ota.e f 10
urer and other ministerial ol!icoi' ~; ,st;,
$40 defend and control all suits, writs, ac-
t;ons and other legal process in behai1 Oh vi
ana;nst such ministerial officers, Ill tnelr IT,
.nectiye official capacities; ana .Lo
Whereas. The Attorney General ana tne
a;otr;ct ATTORNEYS are paid by the state
large salaries for the performance OF such
dufies as pertain to their respective onnces'
and the pubic have right to thelr SELVES
in return, and, together WIN Tue 5uuio"y'
they have the exclusive right 10 detsihin UNI
and pass upon all constitutional anu tsa
"l,esi;ons arising out of any contract or pro-
caed;nos. or otherwise, wherein the STATE
NAV he interested. directly or indirectly, or
wherein any public officer may De eaiieo
unon TO act in his official capacity; ana
Whereas. The Governor OF the State, as
the chief executive, charged to see the
laws faithfully executed has the right, III
case of the absence, death. resignation or
inability to act in any particular case ~
the Attorney General, or proper dlstrict
attorney. or where either OF them may pe
directly interested, a right to designate an
attorney for such case, to act IN behalf OF
the State. for the protection OF the puDhc
interest. co
SECTION |. Be it enacted by the Senate
and House of REPRESENTATIVES OF the state
of Louisiana in General Assembly con-
vened. That hereafter it shall not be law
full for the Auditor of Pubic Accounts, the
State Treasurer. or other Ministerial omcers
of the State, to be or appear In any court
Of the State. either in person or by private
c,unsel to institute, maintain, defend,
prosecute. or in any manner interfere, OF
attempt to control any suit, writ, or other
legal process Except criminal prOceedlngs)
which NAV be brought against him III his
official CAPACITY or in which the State may
be interested, directly or indirectly. or be
in any wise party: but Ill an
such cases the papers shall be served,
if the action be instituted IN the
parish of Orleans, on the Attorney
on the proper district attorney or district
attorney pro tempore, and such officer shall
thereupon have sole charge of the conduct
of such action: provided that the Governor
or the ATTORNEY General may, IN any case
OF necessity, designate an attorney at law
to assist the attorney of the State, or IN
case of his absence or inability TO act, or II
he be unwilling or interested, to take
charge of such case, with power to act.
And it shall be the duty of the Auditor OF
Public Accounts, the State Treasurer. and
other ministerial officers of the State, or
persons charged with the execution of any
State contract, or act enjoined by law. or
pertaining to the duties of his station, on
application, or if he have doubt as to the
proper course to be pursued, to refer the
matter. with all information in his posses
sion. to the Attorney General of the State.
Sic. ,. Be it further enacted etc. That
hereafter it shall not be lawful for any
court of the State to entertain, or maintain,
or recognize any action suit. writ, or other
legal process, nor any pleading in any case
wherein the Auditor of Public Accounts.
the State Treasurer, or any other ministe
rial officer, appears as party to the record
either in person or by private counsel, but
all such proceedings shall be refused or dis
missed (elther eX-OtficlO or on motiOn) as in
case of non suit, without prejudice to the
rights of parties interested: provided, that
in every such case the officer thus unlaw-
fully appearing shall be condemned to pay
the costs OF suit therein: and provided fur
Their. that notice of such dismissal shall be
served on the Attorney General. or proper
district attorney. who may. on motion, re-
lnstate and maintain such action as it stood
at the moment of dismissal. without preiu-
dice to the rights of parties interested, if he
deem it eXpedient so to do.
SEC. :. Be il further enacted etc, That
hereafter it shall he unlawful tor the Auditor
OF Public Accounts TO demand, receive or
a ccept any other fees. reward. compensa-
ton or salary than the salary of five thou
sdnd dollars per aInum. allowed by the
constitution, and such amount for clerk
hire. contingent expenses and office rent as
may be allowed by law not exceeding in
the aggregate twenty thousand dollars per
annun; provided. that nothing in this act
shall be construed to relieve the Auditor of
Public Accounts from the performance of
such duties, within his Office. as are now re-
CURED by law for the public convenience.
SEC. /. Be 1t further enacted, ETC.. That
III every case in which process issues from
any court against the Auditor of Public Ac-
counts. or any other ministerial officer of
the State, service shall be also made on such
officer. and he shall be amenable. as hereto.
tore to all process of courts. and subject to
for any violation of any order
writ or Judgment, as now provided by law.
and such further punishment as the CONT
may deem necessary to maintain its iuris-
-.ict;on and enforce its mandates.
SEC. D. Be it further enacted, etc, That
this act shall take effect from and after it's
passage, and all laws or parts of laws con
1lcting herewith are hereby repealed.
(Signedl O. H. BREWSTER.
Speaker of the House of REPRESENTATIVES,
(>ignedl p. B. s. PINCHBACK.
Lieutenant Governor and President of the
Senate.
Approved March 6, 1872.
tSignedl II. G. WARMCTH.
Governor OF the State OF Louisiana.
\ true copy:
F.J. HEBRON,