New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-06
-
No. Rl.
AN ACT

ices and emoluments of the Auditor Of
Public Accounts aud other ministerial off,
GERS OF the State. and to prohbi, them
from instltUting or defending actions
suits. wrlts. or other process for or against
the State, and from employing counsel
ami incurring costs Of court attorneys'
ices and other unnecessary expenses N
the State. and 10 define the duties and
powers OF The Governor. the Attorney
General. the district attorneys and the
courts Ut the State in certain eases.
WHEREAS. 1t appears that the Auditor Of
Public Accounts and other ministerial Off,
GERS have. without authority of law inc.r-
red great aud unnecessary expenses 10 the
State. and impaired the credit Of tie State,
by various and unnecessary litigation and
Whereas. The constitution ana laws have
made proper and sufficient provision for The
INSTITUTION. maintenance and defense in the
courts OF the Stare of all actions. suits,
wrl1s. or other legal process instituted or 70
be instituted III behalf of or a gaiusl the State
or III 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 Tat 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 constitutions and
Whereas, The several district ATTORNEYS,
in and for their respective districts are lhe
proper officers designated by the consti.u.
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-
stltUtlonal adviser and counsel of the Au-
dltor OF Public Accounts, the State Treas
urer and other ministerial officers Of the
State: and authorized and required 10 ins.i-
tute. defend and control all suits, writs, &C.
lions and other legal process in behalf ofor
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 for the performance OF such
duties as pertain to their respective Offices,
and the pubic have right to their service
IN return. and together with the judiciary,
they have the exclusive right to determine
and pass upon al constitutional and legal
questions arising out OF any contract or pro
ceedings, or otherwise. wherein the State
may be interested. directly or indirectly.o OF
wherein any public officer may lie called
upon 10 act IN his official capacity and
Whereas, The Governor of the State, as
the chief executive, charged to see me
laws faithfully executed. has the right, N
case OF the abAence. death, resignation or
inability 10 act in any particular case OF
the Attorney General. or proper district
attorney. or where either OF them may be
directly interested, a right TO designate an
attorney for such case. 10 act in behalf Of
he State, tor the protection Of the pubic
interest.
SECTION L. Be it enacted by the Senate
aud House of Representatives Of the state
" Louisiana IN General Assembly con-
'ened. That hereafter i shall not be law
Ill for the Auditor OF Public Accounts, the
state Treasurer. or other ministerial officers
II the State. to DE or appear in any court
II the State, either in person or by private
10 institute. maintain. defend,
or in any manner interfere, or
ttempt to control any suit, writ. or other
egai process Except criminal proceedings
which may be brought against him in hs
1iicial capacity. or in which the State may
'e interested, directly or indirectly. or be
n any wise party: but in all
UGH cases Tie papers shall be served,
the action he instituted in the
arlsh OF Orleans, on the Attorney
and if in any other parish,
n the proper district attorney or distric;s
ttorney pro tempore. aud such officer shall
Lereupon have sole charge of the conduct
such action; provided. that the Governor
the ATTORNEY General may. in any case
necessity. designate an attorney at law
} assist the attorney of the State, or Ii
ase OF his absence or inability to act, or If
e be unwilling or Interested. to taSe
harge OF such case, with power 10 acI.
nj It snail be the duty of the Auditor o.
ubhc Accounts. the State Treasurer, anu
lner ministerial officers of the State, OF
ersons charged with the execution OF any
tate contract, or act enioined by law, OF
to the duties Of his station. on
oplication. or ii he have doubt as TO the
roper course TO be pursued, 10 refer the
after. with all information III his posses
on, TO the Attorney General ot The SAFE.
SEC. ,. Be it further enacted, etc. 1ha1
ereafter it shall not be lawful for any
'urt OF the State to entertain, or maintain
recognize any action. suit writ. or other
gal process. nor any pleading III any case
herein the Auditor of Public Accounts,
G State treasurer, or any other mlnls'e,
al ofHcer, appears as party to the recoru
Their III person or by private counsel, ouI
such proceedings shall be refused or d!s
Used (elther eX-otficio or on motion as IN
Sc OF non suit without prejudice to the
,hts OF parties interested: provided, ttat
every such case the officer thus unlaw-
lily appearing shall be condemned to pay
costs OF suit therein: and provided fur
ar. that notice of such dismissal shall Do
yea on the Attorney General, or proper
trict attorney, who NAV, on motion, re-
tate and maintain such action as il stood
the moment of dismissal, without preju-
e to the rights of parties interested, il lie
IN 1t eXpedient so to do.
SEC: ). Be it further enacted, etc, That
'eatter 1t shall be unlawful for the Auditor
Puollc Accounts to demand, receive or