New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-30
AN ACT

To limit and define the duties and powers.
fees and emoluments Of the Auditor of
Public Accounts and other ministerial Off
GERS OF the State. and to prohibit them
from instituting or defending actions
suits, wrts, or other process for or against
the State, and from employing counsel
and lncurring costs Of court. attorneys
fees and other unnecessary expenses to
the State. and to define the duties and
powers OF the Governor. the Attorney
General. the district attorneys and the
courts OF the State i'll certain eases.
WHEREAS, 1t appears that the Auditor of
Public Accounts and other ministerial Off
GERS have, without authority OF law incu,-
red great ana unnecessary expenses to the
State. and impaired the credit of the State.
by yarions and unnecessary litigation: and
Whereas. The constitution and laws have
made proper and sufficient provision for the
institution, maintenance ana defense in the
comtS OF the State of all actions, suits,
wits, or other legal process instituted or to
be M tltuted IL behalf OF or az anst the State,
or III behalf OF or against any OF the officers
OF the State III their respective official capa-
cities; ana
Whereas, The organic law and sound pub
he pOllcy require and designate that tue
powers and duties of the coordinate
branches OF tie State government shoul2
t,
executive, the Legislative and the JUDICIARY
as set forth liz the constitution; and
htreas, he several district ATTORNEYS
IN and for their respective districts, are the
proper officers designated by the cons1itu-
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
sntptional adviser and counsel of the Au-
ditor of Public Accounts, the State Treas
ultr and other ministerial officers, of the
State: and authorized and required to insti-
tute, defend and control all suits. w1its. ac-
lions and other legal process in behalf of or
against such ministerial officers in their re-
spectlVe ofbclal capacities: and
Whereas, The Attorney General and the
district attorneys are paid bf the State
large salaries for the performance of such
duties as pertain to their respective offices.
ana tue putllc have right to their services
III return, and, together with the judiciary.
thty nave the exclusive right to determine
ana pass upon all constitutional and legal
questions arising out OF any contract or pro
ceedlngS, CT otherwise, wherein the State
may he interested, directly or indirectly. or
wherein any public officer may be called
upon t" act in his official capacity; aud
Njereas, The Governor OF the State as
the chief executive. charged to see the
laws faithfully executed. has the right, in
case OF the absence. death. resignation or
inability to act in any particular case OF
the Attorney General, or proper district
attorney. or where either of them NAV be
directly interested. a right to designate an
attorney for such case. to act in behalf of
the State. for the protection Of the public
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, eithC in person or bv private
counsel, 10 institute, maintain. defend.
prosecute, or III 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
ofhclal capacity, or in which the State may
be interested, directly or indirectly. or be
III any wise party: but in all
such cases the papers shall be served.
II the action be instituted in the