New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-12

chief law officer of the State, and the cor
stitutional adviser and counsel of the AT
ditor of Public Accounts, the State Treas
urer and other ministerial officers OF tn
State; and authorized and required to inst
| tute, defend and control all suits, writs, az
| tons and other legal process in behalf of o
| against such ministerial officers, in their It
| spective official capacities; and
| Whereas, Tie Attorney General and tn
| district attorneys are paid by the Stat
| large salaries for the performance of suc]
duties as pertain to their respective offices
and the pubic have right to their service
| in return, and, together with the judiciary
they have the exclusive right to determin
and pass upon all constitutional and lega
questions arising out of any contract or pro
| ceedinga, or otherwise, wherein the Stat
may be interested, directly or Indirectly. o
wherein any public officer may be callet
| upon to act in his official capacity; and
Whereas, The Governor of the State, al
the chief executive, charged to see til,
laws faithfully executed, has the right, il
case of the absence, death. resignation O
inability to act in any particular case o
the Attorney General, or proper distric
attorney, or where either Of them may bt
directly interested, a right to designate al
dUtV1LCS loI SuCH CttSt, " ftCU Ill Utldll u
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 either in person or by private
counsel, to institute, maintain, defend
prosecute, or in any manner interfere, OF
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 may
be interested, directly or indirectly, or be
in any wise party; but in all
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
thereupon have sole charge of the conduct
of such action; provided, that the Governor
or the Attorn Y 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. 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 ministe-
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 (clther eX otiicio 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 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 preiu-
dice to the rights of parties interested, if he
deem it expedient so to do.
SEC. g. Be it further enacted. etc, That
hereafter it shall be unlawful for 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
and such amount for 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.
SEC. /. Be it further 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 iurls-
diction and enforce its mandates.
SEC. ). Be it further enacted etc. That
this act shall take effect from and after its
passage. and all laws or parts of laws con
iiicting here with are hereby repealed. =
(Signed) O. III. BREWSTER,
Speaker of the House of Representatives.
(Signed) PB. S. PINCHBACk.
Lieutenant Governor and President Of the
Senate.
Approved March e. 1872.
(Signed) II. &. WARMOTH,
Governor of the State OF Louisiana.
A true copy:
FL. HERON.
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