New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-20

wrltS, or other legal process instituted Or to
be instituted in behalf eff or against the State,
or in behalf of or against any of the officers
of the State in their respective official capa-
cities; and
Whereas, The organic law and sound pub
lie policy require and designate that tine
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; aNd
Whereas, The several district attorneys,
In and for 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
stitUtiOnal adviser and counsel OF the Au-
ditOr 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, wrlts, ae-
tons and other legal process in behalf OF or
| against such ministerial officers, In their re
| spective official capacities; and
Whereas, The Attorney General and tie
| district attorneys are paid by the State
large salaries for the performance of suen
| duties as 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-
| ceedings, or otherwise, wherein the State
| NAV be interested, directly or indirectly, or
wherein any public officer may be called
! upon to act in his official capacity; and
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, resignatios or
| inability to act in any particular case OF
| the Attorney General, or proper district
| attorney, or where either of them may be
directly interested, right to designate an
| attorney for such case, to act IN behaI OF
| the State, for the protection OF the puellc
| interest.
SECTION l. 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 Public Accounts, the
State Treasurer, or other ministerial officers
of the State, to be or appear IN any court
of the State, either in pea'son or by private
| 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
in any wise party; but IN all
such cases the papers shall be served,
| if the action be instituted n 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
| 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 if
lie be unwilling or interested, to take
charge Of such case, with power to act.
| And i: 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 it he have 0Oubt 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.
Sec 2 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 mlnlste-
rial officer, appears as a party to the record
| either in person or by private counsel, but
missed (either eX-Officio or on notion as in
| case of non suit, without prejudice 10 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
| ther, that notice of such dismissal shall be
served on the Attorney General, or proper
district attorney, who may. on motion, re
! instate and maintain such action as It stood
| at the moment of dismissal. without preju-
dice to the rights of parties interested, If he
| deem it expedient so to do
SEC 3 Be it further enacted, etc, That
| hereafter it shall be unlawf full torthe Auditor
of Public Accounts to demand, receive or
accept any other fees, reward. compensa-
ton or salary than the salary Of five thou
| sand dollars per annum, 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
| annum: 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-
quired by law for the public convenience.
| SEC. I. Be it further enacted, etc, That
in 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 amenahle, as hereto
fore, to all process of courts, and subject to
punishment for any violation of any order,
writ or judgment, as now provided by law,
and such further punishment as the court
may deem necessary to maintain its juris-
diction and enforce its mandates.
SEC 5. Be it further enacted, etc, That
this act shall take effect from and after its
passage, and all laws or parts of laws CON
tiicting herewith are hereby repealed.
(Signed) o. H. BREWSTER,
Speaker of the House of representatives
(Signedl P. B. S. PINCHBACK,
Lieutenant Governor and President Of the
Senate.
Approved March 6, 1872.
(Signed) II. G. WARMOTH,
Governor of the State of Louisiana.
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