New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-02
No. FL.
AN ACT

To limit and define the duties and powers
fees AM emoluments OF the Auditor OF
Public Accounts anu other ministerial Off
GERS OF the State, and 70 prohibit them
from instituting or defending actions.
suits, wrts, or other process for or against
the State, and from employing counsel
and mourning costs of court. ATTORNEYS
fees and other unnecessary expenses to
the State. and to define tkr duties and
powers OF the Governor, the Attorney
General. the district attorneys and the
courts OF the State III certain cases.
WHEREAS. 1t appears that the Auditor of
Public Accounts and other ministerial otii
GERS have. without authority If law. incur
red great and unnecessary EXPENSES to the
State. and impaired the credit of the State.
by various and unnecessary litigation ard
W hereas. The constitution and laws have
made proper and sufficient provision for the
institution, maintenance and defense in the
courts of the State 0f all actions. suits,
wrlts, or other legal process instituted or to
be Instituted IN behalf OF or gains st the State
or IN 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 that 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 constitution; and
Whereas, The several district attorneys
IN and tor their respective districts, are the
proper officers designated by the constitu-
ton as counsel for 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
stitutlonal 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 to insti-
tute, defend and control all suits, writs, ac-
tlons and other legal process in behalf of or
against such ministerial officers. in their re-
spectlve 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 public have right 70 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-
ceedlngs, or otherwise, wherein the State
may be interested. directly or indirectly, or
wherein any public officer may be called
upon 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 be
directly interested, right to designate an
attorney Tor 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
yened. That hereafter it shal! not be law
full for the Auditor of Public Accounts. the
State Treasurer or other ministerial officers
OF the State, to be or appear III any court
OF the State, either i'll person CT by private
counsel, to institute, maintain, defend,
prosecute, or in 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 |
official capacity, or in which the State NAV |
in any wise party; but in Vf a J1
such cases the papers shall be served.
If the action be instituted in the |