New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-15

/ Tic DOllCV rcliulTc ouu -l:~o<
over and duties of the cO-ordlna'
branches of the State governpent sho !,
he maintained distinct and separa.e' ~
executive. the legislative and the Judlciai.
as set forth in the constitutions; ana
Whereas. The several district attorney
in and for their respective districts, are ~
nroner officers designated by the consult
zion AS counsel for the State ana 1or onioo n
of the State in their official capaclues' an ~
Whereas, The Attorney Genera. h ~ W,
chief law officer of the State, ana tne GU
st;tutional adviser and counsel OF the Al
5itor of Public Accounts, the State 1fed'
urer and other ministerial officers OF IN
state. and authorized and required 10 INST
tnte defend and control all suits, Wits az
lions and other legal process IN behalf OF q
AGAINST such ministerial officers, Ill tneir IL
s@pectiye official capacities; and -,
Whereas. The Attorney General ana tn
district attorneys are PAID Dy tne ooaJ
large salaries for the performance VI sue
duties as pertain to their respective JIM:
and the public nave a right to their service
in retnrn and. together with the judiciary
thew have the exclusive right to determine
and pass upd0 all constitutional ana leea
ouestions arising out of any CONTRACT or pro
ceedinps. or otherwise, wherein the ot"l'
may be interested, directly or indirectly, o.
wherein any public officer may be caiice
upon to act in his official capacity; ana
Whereas, The Governor OF the state, al
the chief executive, charged to see tn'
laws faithfully executed, has the rlght, IL
case of the absence, death, resignation OF
inability to act in any particular case VI
the Attorney General, or proper Cis'fic'
attorney. or where either Of them may DC
directly interested, a right to designate az
| attorney for such case, to act IN othdii ~
the State, for the protection OF the puoIlc
interest.
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 Public Accounts. the
| State Treasurer. or other ministerial officers
of the State, to be or appear in any court
OF the State, either in person 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 proceedlngsl
which may be brought against him III his
official capacity. or in which the State ma
be interested, directly or indirectly, or De
in any wise a party; but IN all
such cases the papers shall be served,
if the action be instituted IN 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 nave sole charge OF the conduct
Of such action; provided, that the Governor
or the Attorn y 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
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, OF
application. OF if he have doubt as to the
proper course to be pursued, to refer tie
matter, with all information i'll his posses
sion, to the Attorney General of the State.
SEC. ?. Be it further enacted, etc. That
hereafter it shall not be lawful tor 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 minlste-
rial officer, appears as a party TO tie record
either III person or by private counsel, but
all such proceedings shall he refused or dis
missed teIther eX ot.icio or on motion) as in
case of non suit, without prejudice to the
rights of parties interested: provided, hat
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. OF 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 e~xpedient so to do.
SEC. 3. Be it further enacted. etc. That
hereafter it shall he unlawful for the Auditor
OF Public Accounts to demand, receive or
accept any other fees, reward.
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
annuln: 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. 1. 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 he amenable. as hereto
tore. 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. ,. Be it further enacted. etc. That
this act shall take effect from and after its
passage. and all laws or parts of laws con.
tlcting herewith are hereby repealed.
(~Signed) O. II. BREWSTER.
SpeakeSCf the House of Representatives.
Signed T. b.. 5. PINCHBACk.
Lieutenant Governor and President o, the
Senate.
Approved March 6. lS72.
(signedj H. &. WARMOTH.
Governor OF the State of Louisiana.
A true copy:
FL. HEBRON.