Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1843-05-27
TIE STATE PRINTER.
s.opinion" or tho Attorney General
ArTonSxr GeSkRaL's Orrtct, ,
PHILADELPHIA, H.uv sth. ls43. :

Cominonwealth-Dea Sir I'll had the honor to
receive yours oflhe 26th nllimo in due time, sub.
miing for my consideration the question, whe-
ther the election Of I. e. M'Kinley as State
Printer, to do the English printing. on the lbh
day Of April was such valid election, under the
Ac, Of the gath March last, entitled "An Act to
create permanently the Office Of State Printer" as
will Justify the approval Of his bond by the Go,
vernon, preparatory to his entering on the duties
Of his office A the answer to this question in
wolves the legality of . solemn act, performed by
the Joint concurrence Of the members of tho two
Houses Of the Legislature, have given 1t the
most careful examination, and have arrived at d
conclusion upon what appear, to my mind, to be
the mos, clear and solid legal grounds.
The first section ofthe Act providing 70. the g.
lection of State Printers, prescribes, in general
terms that there shall hereafter I've elected, in the
manner now provided by law for the election Of
State Treasurer, two State Printers" etc &C. No
time is fxsd In this section for such election, nor is
any authority given to the two Houses to fix the
time. This section simply prcsc 'ibes the manner
or m de, o, form in which the State Printers are
TO he elected, to wit: ss the State Treasurer is
lec,ed by law. And how is this In the follow
ing "manner :" each House OF the Legislature
shall choose one teller, and furnish minute of the
choice to the other. At the hour Of twelve on
some day TO be designated, the Senate and House
of Representatives shall meet in convention in the
Chsmber Of the House Of Representatives the
pnota 49, thA l.. Il Al
Speaker of the House Of Representative. shall pre-.
side and when the Convention is organized, the
members shall proceed to elect, ppd roec and the
balolings are 10 be conducted. and the result an.
nounccd, in the mode described. This is Obvious.
ly all that is meant, or provided for, in this frs,
section. We have not yet a word said in relation
TO the time at ,chich the election is 10 take place.
The MANNER, it is true, is prescribed ; but if no
TIME be fixed, there can be no election. The
Legislature was not 30 negligent of its duty, to
leave this elaring defect in the law. Turn to the
thirteenth section, which is drawn in these plain
terms-"The first election of State Printers shall
take place the third day after the passage of this
Act, unless that day he Sunday. in which case it
sha take place on the Monday following, and ;hey
shall be elected on the first Mondoy in March in
every third year thereafter and ,heir Of office
shall commence on the first day of July next sue.
Ceeding this election"
Here, then, we have the time clearly and un.
equivocally prescribed. No one can mistake it.
The hrst election to take place on the third day
after the passage Of the law. unless that day be
Sunday, and in such case, the election is to take
place on the Monday following. No authority is
given to the two Houses to adjourn from day to
day. The law passed by the two Houses. and
sanctioned by the Executive, has designated ,hc
day. The two Houses only, either in or out o.
convention, cannot change the law by their bare
resolution. If they could, the Executive is an.
sihilated. and the Constitution rendered the mer,
sport and mockery for the majority in them.
Against such Legislative encroachments lher,
could be neither safety nor protection. But the ab
surdy Of such pretence is too plain to require ar
gument for its exposure. The whole question here
H. whether the provision in the first section tha, the
State Printer shall be elected "in The manner" the
State Treasury is elected, qualities the day jesigna
Houses in Convention to adjourn from day to day
and elee, on the 18th day of April, instead of the
9Th Of March, the third day after the passage Of
the law. think il docs not for the frs, section
has solo reference to the mode of orglnizing tho
Convention and conducting its operations. and no
TO The day which it is to meet, and TO which IT.
p3weT is limited and confined
Nothing is clearer than that when the law ha
designated day on which act is to be done
without authority to perform i, smother day it il
void il done any other day than that prescribed
such conceive to I've the Gaze in this instance.
The fact amounts to nothing, tha, the Treasure
il not elected the DAY designated, may be electe
on such other day as the Convention adjourns tc
The law specially provides for this contingency
but in the election Of State Printer it does not.
looks TO no other DAY than the one named an
doubtless il is a wise and salu'ary provision Sure
y, i, is no more impracticnble for the Iegislatur
to elect State Printer in one day. than it is fc
the people of Pennsy wanna to elect Governor an
members TO the Legislature in one day. n II
members of the Legislature know it is their duty
elect oD particular day. they VIII unquesIionabl
perform ii. But is, them understand they may a,
journ from time 10 time. as whim, caprice, or mat
sSsment happens 10 dictate, and there is field
pen for combination, intrigue, and bargainin
which may tend TO produce the mos, Disastrous
cults to the public interest ! cay nothing of wh
has in fact or in allegation, characterized the pres
election; ! am speaking in the abstract Of Il