Louisiana capitolian. (Baton Rouge, La.) 1879-1881, 1881-10-22
WHAT IN THE CAPITAL OF LOU
ISIANA?
N. O. Picayune

Act $50 of theconstitution provides
that "the seat Of government shall De
and remain at the city OF Baton
Rouge"
ArticIe263, under the title Of Seized
ule,n which is intended to guard
against inconvenience which may re-
suit to the public from the taking ef-
feet of the constitution, provides that
the general Assembly first elected
under this constitution shall convene
in the city of New Orleans" Article
q 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,
encouragement, in logical sequence.
The constitution, on the subject OF
the seat of government intends;
That the seat OF government shall be
and remain at Baton Rouge, but 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,
aud on the I'd of May, 1889, and BIZ
ennially thereafter, the General AS
sembly 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 acith article 150 Of the
constitution"
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 us, 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 the 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 a
domicile pro hac uice, at which he
may be sued ~ If not, what is the
only official domicile at which he may
be suede If the seat of Government
is not the only place at which an ex-
ecutive officer may be sued, why
cannot he be sued, as well in CaddC
as in Orleans?
II Mr. Burke, the State Treasurer
had excepted to any of the manda.
mus suits brought against him since
the adoption of the constitution, ana
ao'c pending, upon what ground
would the Civil District Court of tbs
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 upol
what principle of law or precedent o
jurisprudence?
The conclusion of the whole mat
ter: The seat of government is Il
Rouge the Treasurer, Auditor, ant
other executive officers of the Stat,
government are sued, before tn,
Civil District Court for the parish o
Orleans. Has it jurisdiction 4?