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Caption: Booklet - UI Charter of Freedom (1942)
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EXTRACTED TEXT FROM PAGE:
67 "There can be no dissent from the proposition that, as a matter of law, it is not only the prerogative but the duty of the Attorney General, who is made the head of the department of justice, to act as counsel for and represent the state in all matters wherein the state is interested or is a party 'as a distinct entity.' Now, in so far as the majority opinion so holds, I unreservedly concur. But in order to reach the conclusion announced, it is held that the highway commission, 'is a distinct legal entity from the s t a t e / From that holding I respectfully, but most emphatically, dissent/' . . He then pointed out t h a t while the commission was a legal entity, it was not "a distinct legal entity from the state," saying on page 253: The state has power to create, and has in many unlimited t h a t they may be said to be separate legal entities from the state. But the Louisiana highway commission is not one of them. It is a state agency with most limited and restricted powers. It has no general powers. It can perform no governmental functions like a levee board or cornmission It does not act in its own name and excent in nurelv incidental matters. It does not and cannot contract in its corporate name and capacity. The act creating it specifically provides 'that every contract for highway improvement under the provisions of this Act name a n a / Such contracts are not even signed by the commission, but by the highway engineer and approved by the commission. The commission does not acquire gravel beds, etc., for the const ruction of roads, but the state itself may acquire such 'acting through the Commission/ Tin stat may acquire ri hts of way by purchase, rovided the owner of the land and the oommisa
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