New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-09

N1A1OOAA ~
chief law officer Of the State, and the con
stitutional adviser and counsel OF the Au-
ditor of Public Accounts, the State Treas
urer and other ministerial officers OF the
State; and authorized and required to lnstis
tute. defend and control all suits, writs, ac-
tons and other legal process in behalf OF or
against such ministerial officers, III their re-
s,ectiye official capacities: and
Whereas, The Attorney General and the
district attorneys are paid by the Stare
large salaries for the performance OF such
duries as pertain to their respective offices,
and the pubic have right to their services
in return and, together with the judiciary,
they have the exclusive right to determine
and pass upon all constitutional and legal
questions arising out OF any. contract or pro-
ceedip~s, or otherwise, wherein the State
NAV be interested directly or indirectly, or
wherein any public officer may be called
unon TO act in his official capacity; and
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 or
inability to act in any particular case OF
the Attorney General. or proper district
attorney, or where either OF them may oe
directly interested, a right to designate an
attorney for such case, to act i'll behalf OF
the State, for the protection OF the pubic
interest.
SECTION |. Be it enacted by the Senate
and House of Representatives of the State
of Louisiana in General Assembly con-
yened, 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, either in person or by private
prosecute, or in any manner interfere, or
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 any wise party; but In all
such cases the papers shall be served,
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
thereupon 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 Oificers 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. 2. 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
wherein the Auditor of Public Accounts,
the State Treasurer, or any other mlnlste.
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 (either ex-oificio or on mOtiOn) as in
case of non suit, without pref JUDGE to the
| rights of parties interested: provided, that
| in every such case the officer thus unlaw-
| fully appearing shall be condemned to pay
the costs of suit therein; and provided fur
| ther that notice of such dismissal shall be
served on the Attorney General, or proper
| district attorney, who may. on motion, re-
| instate 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 he unlawful tor the Auditor
of Public Accounts to demand receive OF
| 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 for clerk
hire contingent expenses and Office rent as
may be allowed by law. not exceeding il
the aggregate twenty thousand dollars pei
| annum: provided that nothing in this ac
shall be construed to relieve the Auditor O
| Public Accounts from the performance o
such duties, within his office, as are now re
CURED by law for the public convenience.
SEC. i. Be it further enacted, etc. Iha
III every case in which process issues iron
any court against the Auditor of Public Ac
counts, or any other ministerial officer o
the State, service shall be also made on sucl
officer, and he shall be amenable, as hereto
| fore. to all process OF courts. and subject t
| punishment for any violation of any order
| writ or Judgment, as now provided by law
and such further punishment as the cour
may deem necessary to maintain its Jurs
diction and enforce its mandates.
SEC. ). Be it further enacted, etc, Tha
this act shall take effect from and after it
passage. and all laws or parts of laws con
tlictin9 herewith are hereby repealed.
(Signed O. II. BREWSTER,
Speaker of the House of Representatives
tSigned) p b. S. PINCHBACk,
Lieutenant Governor and President OF tn
Senate.
Approved March 6. 1872.
lSigned H. G. WARMOTH.
Governor of the State of Louisiana.
A true copy:
FL. HEBRON.
| Secretary of Sfa.a