Louisiana capitolian. (Baton Rouge, La.) 1879-1881, 1881-10-20
WHAT IL THE CAPITAL Or LoU-
ISIANA?
v. 0. pieaynne.

". O. Picaynne.
Act $50 OF the constitution provide
shat "the seat Of government shall b
and remain at the city of BatOl
Rouge
Article 263, under the title Of Seized
ule,n which is intended to guart
against Inconvenience which may re
suit to the pablo from the taking eff
feet Of the constitution, provides tina
the General Assembly first elected
under this constitution shall convene
in the city of New Orleans" Article
II reads: "The General Assembly
shall meet at the seat Of government
on the second Monday of May, 1882
The constitution must be construed
as whole, and though separated
in position, the articles quoted meet
without argument, in logicalsequence
The constitution, on the subject Of
the seat of government intends
That the seat OF government shall be
and remain at Baton Rouge, bat to
avoid Inconvenience to the public the
first session of sthe Legislature after
the adoption of the constitution shall
be held in New Orleans. Thereafter,
and on the I'd Of May, 1889, and BIZ
ehnially thereafter, the General AS
fsmbly shall and must meet at Baton
Rouge. 1t can meet nowhere else to
carry out the intent of the constitu-
ton. Act No. 20 of 1880 made an APP
preparation of $4,000 to remove the
archives of the State to Baton Rouge
"in accordance ,oith article $50 Of the
constitutions"
The "seat of government" of the
State of Louisiana, since the adjourn
ment Of the first legislature after the
adoption of the constitution of 1879,
has, it seems to MS, been at the city
of Baton Rouge, about one hundred
and thirty miles above the city of
New Orleans, whence have issued all
gubernatorial proclamations, where
are dated and signed all commissions.
The term "seat of government"
must have some significance, or did
have once, and it is to be presumed
the convention understood that the
"seat of government" or capital
was the place where the Capitol was
located and where the Governor and
Others of the executive department.
resided.
Louisiana is certainly the only
State in tile Union where the Gov
ernor, in his official capacity, has al
ways spoken from city, other than
the capital. Under Gov. Moore the
capital was peripatetic, and rapid
mobility was the only condition of
sovereign existence. That was a
military necessity. Under the pres
ent regime the "seat of government"
seems to be choice of residence.
But this serious question presents it.
self: "Can State official select IA
domlcile pro lac rice, at which be
may be sued 2" If not, what is the
only official domicile at which he may
he sued /? Ii the seat of Government
is not the only place at which an ex-
ecutive officer may be sued, why
cannot he be sued, rs well in Caddo
as in Orleans
If Mr. Burke, the State Treasurer,
had excepted to any of the manda-
mus suits brought against him since
the adoption OF the constitution. and
RoU pending, upon what ground
would the Civil District Court of the
parish Of Orleans have maintained
jurisdiction?
VIII it assume that the Auditor
and Treasurer may be served where
ever they see most convenient to To-
cate their Offices and if so upon
what principle of law or precedent of
jurisprudence
The conclusion of the whole mat
ter: The seat of government is at
Rouge the Treasurer, Auditor, and
other executive officers of the State
government are sued, before the
Civil District Court for the parish of
Orleans. Has it jurisdiction z