New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-09
- Q. FL.
AN ACT

To limit and define the duties ana powers
fees an! emoluments of the Auditor Of
Public Accounts and other ministerial Off
GERS OF the State. and to prol:b;t them
from !nstilutiEg or defending actions
suits, writs. or other process for or agains.
the State, and from employing counsel
and mourning costs Of court. attorneys
tees and other unnecessary expenses 20
the State. and 10 define the duties and
powers OF the Governor, the A-,urney
General. the district attorneys aud the
courts Of the State in certain Cases.
WHEREAS. 1t appears that the auditor OF
Public Accounts and other Ministerial Off
GERS have, without authority of law. incur
red sre&; and unnecessary expenses 10 the
State. and impaired the credit OF the STATE,
by various and unnecessary litigation and
Whereas, The constitution AMI laws have
made proper and sufficient provision I0r the
institution. maintenance and defense II the
courts OF the Stare OF all actions. suits,
WITS. or other legal process instituted or to
he instituted IL behalf OF or against the State.
or i'll behalf OF or against any OF the officers
OF the State N their respective oiiicla! capa-
cities: ana
Whereas, The organic law and soun! pub
lie policy require and designate thai the
powers and duties OF the coordinate
branches OF the State government should
be maintained distinct and separate, the
executive. the legislative and the judiciary,
as set forth in the constitution: ah,i
Whereas. The several district alto! neys,
IN and Tor their respective districts. ale the
proper officers designated by the cUnsritu-
ton as counsel tor 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-
stirUtionai adviser and counsel III the All
ditor of Public Accounts. the State Treas
urer and other ministerial officers al the
State: and authorized and required 20 ins.i-
tute. defend and control all suits. wgits ac-
tions and other legal process in behalf Of or
against such ministerial officers, in their re-
spective official capacities: and
Whereas. The Attorney General and the
district attorneys are paid by the State
large salaries Tor the performance Of such
duties as pertain 70 their respective offices,
and the pubic have a right 70 their service
in return. and, together with the Judiciary.
they nave the exclusive hight 10 determine
and pass upon all constitutional and legal
questions arising out OF any contract or pro-
ceediDgs. or otherwise. wherein the State
may be interested. directly or indirectly. or
wherein any public officer may he called
upon TO act in his official capacity: and
"hereas. The Governor of the State, as
me chief executive. charged 70 see the
laws faithfully executed. has the right, IN
case OF the absence, death. resignation OK
lnabl!lty to act i'll any particular case OF
the Attorney General. or proper district
attorney. or where, either of them nag be
directly interested, right 20 designate an
attorney Tor such case. to act in behalf of
the State, tor the protection OF the public
interest.
SECTION |. BE it enacted Lv the Senate
and House Of Representatives of the State
OF Louisiana II General Assembly con-
vened, That hereafter it shall not lie law
tul Tor the Auditor OF Public Accounts. the
State Treasurer. or other ministerial tiicers
OF the State. 70 he or appear in anv court
OF the State. either i'll person or by private
counsel. 70 institute, maintain. defend.
prosecute, or III any manner interfere, or
attempt 10 control any suit. wit. or o.her
iegai process Except criminal proceedings
which may be brought against him in his
othclai capacity. or IL which the State may
he interested, directly or Indirectly. or be
Ia any wise party: but il al
such cases the papers shall I've ss.ved,
II the action be instituted il the
parish Of Orleans. on the Attorney
General, and if in any other Parish,
on the proper district attorney or district
attorney pro tempore, and such officer shall
tnereupon have sole charge of the conduc.
OF such action; provided, that the Governor
", =
oi necessity, designate an attorney a. law
10 assist tie attorney of the State. 9r in
'ase ol Ills absence or inability t. acr. or
le be unwilling or interested. 10 take
.uarEe OF such case. with power 20 act.
And L snail be the duty of the Add.:or Of
uolic Accounts, the State Treasurer. and
'tner ministerial officers OF the SAFE, or
ser>uns charged with the execution 81 any
>t"le contract, or act enjoined ny law, or
pertaining 10 Ghc duties OF his station, on
or If he have tiuuht a. - the
roper course to be pursued. ~ refer the
matter, with all information III biz ,.Osses~
lol. TO the Attorney General OF the >-a-e.
SIC. =. BE 1t further enacted. etc That
hereafter II shall not be lawful 1ur any
curt ~ the State to entertain. or maintain,
II recognize any action. suit. W iit. or other
eg&l process, nor any pleading III any case
wherein the Auditor of Public Accounts
he State treasurer, or any other lniulste-
ia' oillctr appears as a party to the record
lther II person or by private counsel. bQ.
II sucn proceedings shall be refused or ,as
Missed telther eXntfcio or on ruotioul rs in
dse O. non SUIT, without prejudice 70 the
l9nts Gi parties interested; provided. that
every sNch case the officer thus urlav-
ilH appearing snail be condemned 70 pay
ne to5ts o. sun therein; and provided fur
Ter. that notice of such DISMISSED sbaT n,
arved on the Attorney General or nroner
istrlct attorney, who may on ,rn,inn ra-
Estate and maintain such action a. !. stood
: the moment of dismissal without preiu-
nee 70 the rights of parties Interested. f'he
er'n II eXpedient so to do.
SEC, s. BE 1t further enacted etc That
.rraitcr 1t shall be unlawful fortEe Auditor
fnoliC Accounts TO demand raca;v- or