New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-06
or against such ministerial officers in their

or against such ministerial officers in thei
respective official capacity; and
Whereas, The Attorney General and thI
1istf1ct attorneys are paid by the STATE
large salaries for the performance of sucf
uunes a. pertain to their respective offices
ana the public have right to their service
return, and together with the judiciary
sncy nave the exclusive right to determine
auu pass upon all constitutional legal Ques
usons arising out Of any stated contract, OF
proceedings or otherwise, wherein the State
May De interested, directly or indirectly, OF
uereln any public officers may be called
upon to act in his official capacity; and
whereas, The Governor of the State, as
eue Chief executive, charged to see the laws
aaitnfully executed, has the right, in case
=; me absence, death, resignation or ina
y 10 act in any particular case OF the
Attorney General or proper district at
Srney, Or where either of them may be
uIIectly interested, q right to designate an
attorney for such case to act in behalf of
interest. f
SECTION L. Be it enacted by the Senate
ana House of Representatives of the State
vi louisiana in General Assembly con-
| sened. That hereafter it shall not be lawful
| for the Auditor of Public Accounts. the
STATE treasurer, or other ministerial officers
vt tne State, to be or appear in any court of
.ne state, either in person or by private
counsel, to institute, maintain. defend, pros
ecute, or IN any manner interfere, or at
Tempt to control any suit, writ, or other
regal process Except criminal proceedings)
which may be brought against him in his
,Smcial capacity, or in which the State may
oe interested directly or indirectly, or be in
anywise a party, but in all such cases the
papers shall be served, if the action be insti-
tuted IN the parish of Orleans, on the Attor-
ney General, and in if any other parish, on
the proper district attorney, or district attor-
ney pro tempOre; and such officer shall there
upon have sole charge Of the conduct Of
snch 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 State: or, in case of
Ills 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
De the duty of the Auditor Of Public Ac-
counts, the State Treasurer, and other min
lsterial officers of the State or persons
charged with the execution of any State
contract, or act enjOined by law, or pertain
ing to the duties Of his station, on appliea-
ton; or If he has doubt as to the proper
course TO be pursued, to refer the matter,
with all information in his possession, to the
Attorney General Of the State.
SEC. :. 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
legai process, nor any pleading in any case
wherein the Auditor Of Public Accounts.
the State Treasurer, or other ministerial
once appears as party to the record. either
IN person or by private counsel; but all
such proceedings shall be refused or dis
missed teither ex OfficiO or on motiOn), as in
case OF non-suit, without prejudice to the
rlght OF parties interested; provided, that
IN every such case the officer thus unlaw-
fully appealing shall be condemned to pay
the cost OF suit therein; and provided, fur
Their, that notice of such dismissal shall be
served on the Attorney General or proper
district attorney, who NAV. on motion, re-
instate or maintain such action as it stood
at the moment of dismissal, without pre-
JUDGE to the right of parties interested. if
he deem it expedient so to do
SEC. B. Be it further enacted, etc., That
hereafter it shall be unlawful for the
Auditor Of Pubic Accounts to demand, re-
ceive or accept any other fee, reward, COM
pensatiOn than the salary of $4,000 per annum
allowed by the constitution, land such amount
for clerk hire, contingent expenses and of
flee rent as may be allowed by law, not ex-
ceeding in the aggregate 800, 900 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 required
by law for the public convenience.
SEC. 4. 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.
Mr. Carr, of De Soto. offered the follow
ing amendment:
Be it further enacted, etc, That in every
case in which process issues from any court
against the Auditor of Public Accounts, or
any other ministerial officer of the State:
service shall be also made on such officer,
and he shall be amenable, as heretofore,
to all process of court, and subject to pun
ishment for any violation OF any order
writ or judgment, as now provided by law,
may deem necessary to maintain its juris-
diction and enforce its mandates.
Mr. Garstkamp, of Jefferson, moved that
the further reading of the bill be dispensed
with, and that it be printed in the journal
and made the special order of the day for
Thursday next, at one o'clock.
Mr.. Carr, of De Solo, moved to lay that
motion ON the table.
Upon which the yeas and nays were de-
handed by Messrs. Antoine, OF Orleans,
and Morris, of Ascension, with the follow
ing result:
Yeas-Abel, Barrett, Barrow. Bickham,
Brown. Carr, Devices, P. Harper, Stan
ton-9.
Nays-Antoine, Barker, BelOt, Bentley.
Blunt, Bowen, Broussard, Bryan, Bucking-
ham, Chachere, Cochrane. Crawford, Darby,
Darinsburg, Davidson, Demas, Durio, Ellis,
Faulkner, Floyd. Gaddis, Gardner, Garst-
kamp, William Harper, Hyams. johnson.
Kenner, Killen, Kinsella, La Saliniere, IL.
Lott. j. B. Lott, Mahoney, Marie. Matthews,
Mcfarland, Meadows, Morphy, Morris. Ong.
Oplatek, Raby, Riley. Sartain, Smith, Soner'
Stinson. Tatman. Thompson, TounOir, Tu-
reaud, verrett, Washington (Assumptionl,
Washington (ConcOrdia), E. Williams, H.
Williams, Worrall, Yorke, Young-59.
Lost, and the motion to print, ETC., was
adopted.
The motion to lay en- the table was lost,
and the bill was made the special order OF
the day for Thursday next at T. M.
Upon motion of Mr.. Davidson, OF Inv
ingston. the House was adjourned until to-
morrow at IL NJ.
WILLIAM VIGERS,
(u,;o% C1arl- 4