New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-16

lite or ether legal process institutea VI y.
W. instituted in behalf of or against tnsH: "ar,
or in behalf of or against any OF u: y cana
~ the State in their respective oi1ci"' o"f''
cities; and a sound NIB
liz nnl;cv REQUIRE and designate tia! IN
nowers and duties Of the co.orGlnaiIt
branches of the State governments sno .hl
ba maintained distinct and separate' W.
e~ecntiye. the legislative and the Jnuioi"i'
a . act forth in the constitution; anu
"' Whereas. The several district attorneys "
:, ord for their respective districts, are .n'
nroner officers designated by the cons SUI
HON as counsel for the State ana LOT olaoo,f
of the State in their official capacl,ies' On tI,l
Whereas, The Attorney Genera! 40 .n'
chief law officer OF the otate, 1n &c +i.a An
st;t,+;oral adviser and counsel OF tiT az
d di,, of Public Accounts, the State treas a'
',,rar ond other ministerial officers OF tn "a.
ST.. and authorized and required 10 lhs.l
ITO defend and control all suits, Wits az
t;ons and other legal process III oeha,l VI "
aga;nst such ministerial officers, III thei' 10
snectiye official capacities; anu ~.
fWbareas. The Attorney General anu .nt
district ATTORNEYS are paid by the otatt
lar@e salaries for the performance OF suol
dufies as pertain to their respective OLIVES Olives
and the public have right to their sHl;aoos
in return, and, together with the 1 uuiurS
thew have the exclusive rlght 70 oel s inmal
and mass upon all constitutional ana legd'
questions arising out of any contract or pro
seedlings. or otherwise, wherein the ot"le
NAV be interested, directly or indirectly; OF
wherein any public officer may De CANE"
mon to act in his official capacity; ana
Whereas. 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 oi
inability to act in any particular caeo 20 y.
the Attorney General, or proper district
attorney. or where either OF them may oe
directly interested, right to designate an !
attornsv for such case. to act in behalf OF
the State. for the protection OF the puDiic
interest c..
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
ful for the Auditor of Public Accounts. the
State Treasurer or other ministerial ohcers
of the State, to be or appear IN any court
OF the State. either in person or by Prlvate
counsel. to institute, MAINTAIN, ueIenu'
prosecute, or in any manner interfere, OF
attempt to control any suit writ, or other
legal process Except criminal proceedlngs)
which may be brought against him in his
official capacity, or in which the State may
be interested. directly or indirectly. or be
in ang wise a party; but III an
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
tlereupon have sole charge of the conduct
of such 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 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. on
application, or if he have doubt as to the
proper course to be pursued, to refer the
matter. with all information in his posses
sion. 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
legal process, nor any pleading in any case
4
the State Treasurer or any other minlste
rial officer, appears as party to the record
either in person or by private counsel, but
all such proceedings shall be refused or dis
missed (elther eX-ofclO or on mOtiOn) as in
case of non suit, without prejudice to the
rights of parties interested: provided: that
in every such case the officer thus unlaw-
fully appearing shall be condemned to paw
the costs Of suit therein; and provided fur
Their. that notice of such dismissal shall be
served on the Attorney General. or proper
district attorney. who may. on motion, re-
lnstate 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 expedient so to do.
SEC. ). Be it further enacted. etc, That
hereafter it shall be unla wful tor the Auditor
OF Public Accounts to demand. receive or
accept any other fees, reward. cOmpensa-
ton or salary than the salary of five thou
sand dollars per annum allowed by the
constitution, and such amount Tor clerk
hire. contingent expenses and office rent as
may be allowed by law. not exceeding in
the aggregate twenty thousand dollars 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 re-
quired by law for the public convenience
CE,. I. DC IL 1uIIner enacted. etc. That
IN 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 be amenable. as hereto
fore. 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 iuris-
dlction and enforce its mandates.
SEC. ,. BE it further enacted, etc. That
TINS act shall take effect from and after its
passage: and all laws or parts of laws con
flctingg herewith are hereby repealed
(Signedl @. H. BREWSTER.
Speaker Of the House of REPRESENTATIVES
tSlgnedj p. b. s. PINCHBACk,
Lieutenant Governor and President of the
Senate.
Approved March s. 1872.
tSigned} II. &. WARMOTU.
Governor OF the State of Louisiana.
A true copy:
FL. HERRoS,
Secretary of State