Indiana State sentinel., 1850-10-31
r. II. MILROY,
II. p. THORNTON,
JOHN p. DUNN.
HORACE p. BIDDLE,
EZEKIEL ID. LOGAN,
JAMES LOCKHART.

Il.
HORACE p. BIDDLE,
EZEKIEL ID. LOGAN,
JAMES L0CKHART.
Committee"l
Mr.. NAVE rose and said, be would ask the indal-
gence of the Convention while he submitted few
marks in reference this report The question nvolv
ed here purely legal question: question that
must be determined, properly determined, with refer
to the legal right of the individual who claimed to
be printer Tie Convention by virtue of his appoint
ment STATE Printer, by the authority of the State
Legislature. But looking at the question in legal
point OF view It became necessary to settle the question
irrespective OF the applicants before the Convention not
looking the interest either of the incumbent Of the
Office of State Printer of any applicant for his place.
became necessary trace the history of the election
Of the State Printer. Mr.. ]. p Clapman.) and the
law under which the Legislature proceeded in his cleo
ton 1t seemed from the state of facts presented that
Mr. Chapman elected State Printer III the month of
January, $50, for term of three years
/ MIR. N. here proceeded TO read from the Revised
Statutes follows
There shall be elected tri.enniay counting from
the month of Jannary thousand eight hundred and
lory-one, by the General Assembly, Joint ballot
State Printer who shall serve for three years from and
after the first day of August next after his election; and
such printer shall, within twenty days after his said
election, enter into bond with sufficient surety to the
satisfaction OF the Secretary and Treasurer of State,
and Auditor of Public Accounts with conditions for the
prompt, accurate, and workmanlike execution of the
public prnting and the faithful performance of all the
duties required by law.'
II seemed that Mr. j. p. Chapman had been elected
under this 1t was enoined upon him by law to
give bond for tie faithful discharge of the duties ofhis
Office. 1t seemed that he had doAe this, and had In
formed the Convention that he ready do the print
ing for the State The question then was this Mr.
Chapman officer OF the State contractora II
he officer the Convention could have control
him in that capacity but ii he contractor
they could not annul contract between him and the
State of Indiana To determine this question he would
look into the decision of the upon the subject
which it clear that the printer contractor
lxx-ftl tba and Ha
beyond tie reach of the Convention According the
definition of the courts, the Public Printer do all
the printing that to he executed account of the
State of Indiana and such printing be paid for
out of ;he public money.
Here Mr.. n again read from sections 63 and 65
Revised Statutes, 1S43, follows:
q The prices he paid such Public Printer here
by established, as Ollows For composition, per thou
sand ems. plain matter forty-five cents; figure work
per Thousand ems sixy-ive rule and figure work
per Thousand ems eighty cents press work, per token
sixty cents; folding reports and bills per thousand
pies, each signature (distnc tables be considered
signatures twelve and half cents stitching report.
and bills, per hundred. twenty cents.
" The Secretary of State shall superntend all the
printing done for the State and that the
well executed, and shall and estimate the
and certify under his hand and the seal OF his Office the
amount and kind OF work DONE together with the
which certificate shall authorize the Auditor Of Public
Accounts to audit the same, and the Treasurer shall
pay the amount out of any moneys of the State in his
hands not otherwise appropriated.
Ii plain that the Public Printer officer
of the Convention. Nor il necessary for the organ
zaon of the Convention that they should have print
er Whyl Because, in the Convention OF 1916, fol
the formation of the Constitution which this Convention
assembled altc- and amend, there printer
appointed neither there appointed printer to the
California Constitutional Convention. Moreover. il
plain that the Convention to be governed by tho
laws which brought the body into existence. They
could 20 beyond the powers therein prescribed A,
far power was conferred upon the Convention, they
were limited to the powers conferred by law. But witt
respect the power of proposition TO amend the exist
ing Constitution. they without limitation. As la
as everything else concerned with respect to
ganzation and the appropriation of money! the Conven
tnn had power heyond what was conferred by the
bringing the body into existence.
Further, the debates of the Convention were to be
recorded by officer of the Legislature, appointed by
the Governor and by him commissioned Therefore, he
accountable to the Convention and they had
right direct the publication of the Debates prepar
cd by the Stenographer The Legislature placed it ii
the power OF the Governor to appoint some suitable
person for the purpose of reporting the debates Of Tho
Convention and the Statute went to prescribe further
in this NATTER that the Constitution when amended was
to be deposited with all the proceedings in the Office
Secretary Of States and the Legislature at some suse
quent me would have the power control the publ
cation thereof. He referred to sections IA and 10
the Of last winter from which be read follows:
'sSEc. a. The roll containing the draught of tn.
amended Constitution adopted iy said Conventions ant
the proceedings OF said Convention shall be deposited
by the President and Secretary thereof in the Office
Secretary of State who shall file the same and caus,
said Constitution to be entered OF record in his office
and said Convention may submit more of tn,
amendments which they may propose to the Constitu
ton, distinct propositions, TO be voted upon by The
people separately together, to them may ex
pedient.
"sEc 15 It shall be the duty of the Secretary o
State so as the is recorded in his Office, Il
deliver the Governor of this State, certified copy
said amended Constitution, who shall, the meeting
1.-THE General Assembly of this State, its session
lay the before them and it shall be the duty of th
said General Assembly pass all laws necessary
proper for Submitting the TO the qualified voter
Tor their approval rejection; also for organizing thu
government under the amended Constitution,
should be adopted and ratified by such voters"
IL plain then, that far the proceedings of th
Convention concerned, the Legislature had rcsery
ed BY law, the entire control of this whole matter ate
passing from the hands OF the Convention All Of th
debates Of the Convention were thus to be deposited
and being thus deposited, it seemed him that th
4 Convention had right to order the printing of tn
proceedings Iy any other than the officer which ha
, been provided iy the State.
He would now pass another branch Of the question
1.-THE cxpediency OF taking this course. simila
question 20 the before the Convention, ha
been adiudicated by the Supreme Court: in tn