New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-05
An ACT

| fees and emoluments of the Auditor nj
| Public Accounts and other ministerial off
! GERS of the State. and to prohibit them
| from instituting or defending ae,iOns
| suits, writs. or other process for or against
| the State, and from employing counsel
| and mourning costs of court. ATTORNEYS
fees and other unnecessary expenses "a
| the State. and TO define the duties and
powers of the Governor, the Attor,e7
General. the district attorneys and the
| courts OF the State in certain eases
WHEREAS, 1t appears that the Auditor Of
| Public Accounts and other ministerial Off
| GERS have, without authority of law inca..
! red great and unnecessary expenses 10 the
| State. and impaired the credit of the State.
! by various and unnecessary litigation and
Whereas, The constitution and laws have
made proper and sufficient provision for The
| Institution. maintenance and defense in tie
courts of the State Of all actions. suits,
wits. or other legal process instituted ORR
be instituted III behalf of or against the State,
or IL 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 ne
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 tor their respective districts, are The
proper officers designated by the constiu-
ton as counsel for the State and for officers
of the State in their official capacities; and
Whereas, The Attorney General is the
oh nt low of IN
stitutional adviser and counsel Of the Al
ditor of Public Accounts. the State Treas
urer and other ministerial officers of the
State; and authorized and required to inst.
tUte, defend and control all suits, writs, &C.
tons and other legal process in behalf OF Or
against such ministerial officers, in thtlr re
spective official capacities: and
Whereas. The Attorney General and The
district attorneys are paid by the STAG
large salaries for the performance OF sun
duties as pertain to their respective ofee''
and the public have right to their service
IN return. and together with the judiciary
they have the exclusive right to determine
and pass upon ali constitutional and Legal
questions arising out OF any contract or pro
ceedlngs, or otherwise. wherein the staie
may be interested. directly or indlrectly,G
wherein any public officer may be called
upon to act in his official capacity; and
Whereas, The Governor of the States
the chief executive. charged to see he
laws faithfully executed. has the right, ID
case OF the absence. death, resignation Of
inability to act in any particular case o.
the Attorney General, or proper 0s,it.
attorney. or where either Of them may DC
directly interested, q right to designate an
attorney Tor such ease. to act i'll behall O.
the State, for the protection Of the puoI'
interest
SECTION l. Be it enacted by the Senate
and House of Representatives OF the stare
OF Louisiana in General Assembly col'
vened, That hereafter it shall not De !aN.
full for the Auditor of Public Accounts. Inc
State Treasurer. or other ministerial oihceIs
OF the State, to be or appear III any cVu.,
of the State, either in person or by p!ivaT1
counsel. to institute, maintain detelu'
prosecute. or in any manner interfere,
attempt to control any suit, writ, or otna
legal process Except criminal preceedilsH
which may be brought against hin IL u
official capacity. or in which the State may
be interested. directly or indirectly. or 10
IN any wise party: but IN al
such cases the papers shall be serVsu'
If the action be instituted in lls
parish OF Orleans. on the Attorney
General. and if in any other parsD,,
on the proper district attorney or dlsI ~
attorney pro tempore. and such otfleer sIa..
thereupop have sole charge of the conou.s
OF such action: provided. that the Governva
or the ATTORNEY General may, in any cav ,
oi necessity. designate an attorney at ian
10 assist the attorney of the State, OF :,
ease OF his absence or inability to act Or Or.
he be unwilling or interested. to tas'
:harge OF such case. with power to Az:
And II shall be the duty of the Audl'eFII
Publlc Accounts. the State Treasurer, anu
'ther ministerial officers OF the state u
persons charged with the execution OF al,
State contract. or act enjoined 10y law
)ef.alnlng to the duties Of his stauol'yn
tpphcaUon, or ii he have doubt as TO .po
proper course to be pursued. to refer Wv
natter. with all information in his posses
lon, 10 the Attorney General of the Sta.e' =.
SEC. =. Be it further enacted. etc. liza.
hereafter 1t shall not be lawful for al.
curt of the State to entertain. OF MAINTAIN,
n recognize any action. suit. writ. or ollti
egal process. nor any pleading il any cav
wherein the Auditor OF Public Accounts
he State Treasurer. or any other mlnis't,
lal officer, appears as Il party TO the recoIl
lther i'll person or by private counsel, ou'
II such proceedings shall be refused or az,
lissed teirher eN oticio or on notion asil
ase OF non suit, without prejudice TO the
IShts OF parties interested; provided, tua'
/ every such case the officer thus unlaT-
Ally appearing shall be condemned to pay
le costs OF suit therein; and provided tGT,
ler. that notice of such dismissal shall 10
rived on the Attorney General, or proper
lstrlct attorney. who may. on motion, II,
state ana maintain such action as it st0ou
the moment OF dismissal, without preln,
zee 10 the rights of parties interested, II %
eem IT expedient SO to do.
SEC: .. be 1t further enacted etc. Ibss
,reaIter 1t shall be unlawful far The Auditor