New Orleans Republican., 1872-04-04
NO. II.
AN ACT

| % uli4ll anu ueIiHt lne uutieS ana powers,
| fees aud emoluments of the Auditor of
Public Accounts and other ministerial Off
GERS OF the State, and to prohibit them
| from institutin. or defending actions,
suits. wrlts, or other process for or against
| the state. and from employing counsel
ami lncurrlDg costs Of court. ATTORNEYS
| fees and other unnecessary expenses 10
| the State. and TO define the duties and
| powers of the Governor. the Attorney
General. the district attorneys and the
courts OF tle State in. certain cases
WHEREAS. 1t appears that the Auditor of
Public Accounts and other ministerial oti-
GERS have. without authority OF law iDcuk
red great and unnecessary expenses 10 the
State. and impaired the credit of the State.
by various and unnecessary litigation and
Whereas. The constitution and laws have
made proper and sufficient provision Tor The
INSTITUTION. maintenance and defense in the
Vburts of the State of all actions. suits
wits. or other legal process instituted or to
be Instituted il behalf of ur against the State,
or IN behalf Ot or against any of the officers
OF the State IN their respective official capa-
cities; and
Whereas, The organic Ia " and sound pub
lie policy require and designate thai the
powers and duties OF tie coordinate
branches OF the State government should
be maintained distinct and separate. the
executive. the legislative and the judiciary.
as set forth in the constitution: and
Whereas, The several district attorneys,
II and for their respective districts. are the
proper officers designated by the onsttu-
ton as counsel tor the State and for officers
ct the State in their official capacities; and
Whereas. The Attorney General is the
Chief law officer OF the State, and the con-
stitutlona! adviser and counsel of the Au-
dltor OF Pubic Accounts. the State Treas
urer and other ministerial officers Ut the
State and authorized and required 10 insti
tute. defend and control all suits, wgits, &C.
tlons and other legal process in behalf of or
against such ministerial officers, in their re-
spectlve Official capacities: and
Whereas. The Attorney General ana the
district attorneys are paid ty the State
large salaries for the performance Of such
duties as pertain to their respective Offices,
and the puhhc have right to their service
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-
ceedingS, or otherwise. wherein the State
may be interested directly or indirectly. or
wherein any public officer may be called
upon to act in Lis official capacity: and
W hercas, The Governor of the State. as
the chlet executive. charged to see the
laws faithfully executed. has the right. in
case c1 the absence, death. resi- -nation or
ma ollltT 10 act II ANY particular case OF
the Attorney Gcnerui or proper district
attorney. or where either IF them nav be
directly Interested. a light to designate an
a artoineT Tor sueh ease, to act III behalf Of
the State, tor the protection of the p-hlic
interest.
SECTION l. Be it enacted by the Senate
and House OF Representatives of the State
Vi LOUISIANA IN General Assembly con-
vened, l hat hereafter il shall not be law
Lu Tor the Auditor OF Public Accounts. the
STATE Treasurer, or other ministerial officers
ot the State, to be or appear in any court
u the State. either in person or by private
counsel. to institute III ,intain. defend,
prosecute. or IN any manner interfere or
attempt TO control any suit. writ. or other
egaI process Tex ept criminal proceedngsl
Which may be brought against him III Lie
'thciai capacity, or III which the State may
De interested. directly or indirecrYy ur be
Il any wise party: but il all
uch cases tie papers shall he served,
+ the action he instituted in the
,arsh OF orleans, on the Attorney
Ieneral, ana IT IN any other parish,
n the proper district attorney or district
ttorney pro temp0re, and such officer shall
hereupon have sole charge OF the conduct
1 such action: provided. that the Governor
T the Attoln Y General NAV. in any case
necessity ues'gnate an attorney al law
assist the attorney Of the State ur in
ase O. MS absence or inability t. ae.. or if
e oe unwilling or Interested to take
haiSe el snch case. with power 10 act.
M. !, stall be the duty OF the Auditor OF
anhc Accounts. the State Treasurer and
,her ministerial officers of the State, or
efsohs charged with the execution OF any
tate contract, or act enioin4l bv law. or
7i ailiug to The duties of his station. on
'pIcation, or II he have doubt as 10 the
roper course TO be pursued to refer the
atttr' WIN all information in lis posses
Oh Oh 20 1he Attorney General OF the Stare.
oLC. :. be II further enacted etc. That
7it"lter II shall not be lawful Tor any
80 VI me stare 20 entertain. or maintain.
4tc"2nize any action, suit. writ. OF other
SdI process. nor any pleading in any ease
herein the Auditor Of n..,T7, Accounts,
Z state treasurer. or any oth.r niniste-
Il officer. appears as a party IL t,.e record
,her III person or by private counsel. but
such proceedings shall be rt fused OF dis
,sseo (titaer eX-otf1cio or on nuotion} As in
Sc oI non SUIT, without prejudice 70 the
'hIs Oh pirteS lnterested provided thar
every shch ease the officer thus uulaw-
lily appearing shall be condemned 70 nav
g costs OF suit therein; and provided fur
ar, that notice of such dismissal shall he
we'd on the Attorney General or nroper
strict attorney. who may. on motion. re-
'tate and maintain such action as If stood
the moment OF dismissal. without preiu-
e 10 the rights of parties interested. if he
am 1t expedient so to do,
,EC: .. be 1t further enacted. etc. That
,1a1ter IL snail be unlawful tor the Auditor
uoilo accounts to demand. receive or