The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-02-18

had interfered with the rights Of the contractor
it ia bound, il it really has 80 insyrfered as TO
deprive him Of legal settlement OF his account;
and il the gentleman from South Carolina has
participated in deprisog him Of this settlement
by participating in the action OF Congress- he
would feel that lic was bound TO make up the
actual loss, or settle on a principle OF qaantum
meruu viii he do il!
Mr.. ORR. Quterposng) II, Mr. Speaker,
this Congress had violated the contract Which IL
had made with the public printers, and H. IN con-
sequence of that violation, the public printers
are not secured the profit which they would
have made had they executed IT, then do not
think that Congress would be justified III de-
manding the fulfment OF the contract from the
printers But here is the difference with my
friend from Maryland: The gentleman from
Maryland makes an assumption that altogether
deny--that Congress has changed the contract
10 refusing to allow the public printer to charge
the same price for the Taylor pamphlet that was
charged for the other pamphlets.
Mr.. McLANE The gentleman is just where
want him to be. ! want the gentleman to
state the case fairly to the House. First of all,
he states to the House that unless you give the
public printer the sum of money that was paid
for the Supreme Court opinions, he has losing
contract. This he says in his explanation But
did not 80 understand him in his speech. This
arbitrary sum of money is to make up his losses,
to make his contract profitable one. But he
cannot say to this House that this sum was
the cont-act price That this $l2,500 paid for
the Supreme Court opinions was the contract
price. Will the gentleman answer me that
question!
MIR. ORR. In reply to the gentleman from
Nj lryland, will say this, that | am very sure
that the $l2,5O0, according to my construction
Of the contract, was not due to Messrs Richie
or Belt. He has got some y 900 more than
he was entitled TO, but am willing that he shall
retain it.
Mr.. McLANE. The gentleman from South
Carolina admits that y 1890 was not the COZ
tract price. Very WELL l care not whether he
thinks it more or less than the contract price.
That is not The question. The falibility or in
falblity Of his judgment is not to be taken as
II settlement Of the legal rights between the
government and individuals. 1t is enough that
he adults that $l25O0 was not the contract
price. Well, thea, if it was not the contract
price, the contrac- has been violated by the ac-
ton of Congress-
Mr. ORR 1t has been violated on his part
by receiving the money.
Mr.. McLANE. have too much respect for
the Judgment of my friend from South Carolina,
to suppose that he will seriously maintain that
the contractor was guilty of violation of his
contract in taking that which the Printing Com
mittee forced him to take, or 60 without pay
ment. If you gave him more than he was en-
titled to, you being the arbitrary, controlling
power, how can you allege that he has violated
his contract in taking that which, if he did not
take it, would leave him nothing? Can he sue
the United States The gentleman from South
Carolina ought to do himself the justice to adj
here to the record, to the facts of tho case
The regular organs of the two Houses of Con-
gress, entrusted by Congress with the settle
ment of his account, allowed him that amount,
and he was obliged to acceptit ! am free TO
admit, that in accepting that SUN, Mr.. Richie
did waive his legal rghts--thcre being no COM
mon arbiter between him and the Committee on
Printing. If the gentleman from South Caro-
| lima wished to build house, and he contracted
with some one to build it for him for 81 900
and proposed to have plain dead door to his
| house, and when they came to put it up, found
that his taste or inclination required something
more elegant, more artificial, and more orna-
mental, and directed il to be done; and then
| the contractor said Here is clause in my
contract which permits me to charge for such
and such alte atoms such and such sum of
money, and the gentleman from South Carolina
! should take exception to that, and refuse to al
low him that sum, and refuse to invite arbitra-
| ton under the contract but under the pressure
| of circumstances, force him to take an arbitrary
sum for this alteration, could he then alege his
| own wrong against the contractor, or escape his
obligation to settle, upon the principle of a
q,tantum merui, if the alteration he had effected
in his contract influenced the balance of the
contract to the prejudice of the contractor =
This is the case here The profits on this flih
class were necessary to make the entire contract
profitable contract.
Mr. ORR. The gentleman says that Con-
gress has justified this departure from the con-
tract If so, it would be in Mr.. Ritchie's favor
But the truth is, that $3.50 was allowed and
paid during the recess of Congress.
Mr. McLANE. 1t was done under an order
of Congress.
Mr. ORR. 1t was not ordered to be printed
until after the adjournment of the Thirteth
Congress, and by the Senate alone.
Mr. McLANE ! am not talking about the
order to print, but about the order authorizing
the Committee on Printing to settle for the
printing. If Congress orders the committee to
settle these accounts, to all intents and purposes
Congress settles these accounts.
Now, sir want next to inq ire of the gen
tieman what deduction in the prices of 1919
would be fair contract. The honorable gen.
| tleman from South Carolina said here that it
was very difficult TO get at the value of this
work, as compared with the prices of 1919
But that gentleman very well knows that these
prices were very exorbitant, and he draws
comparison between the difference in the cost
of printing then and now. He knows that
there is no comparison to be made between the
work as then performed and now Let me ask
the gentleman from South Carolina, who be-
lieye has had some experience as printer and
who 8 therefore right in taking to himself, to
some degree, superior knowledge on this sub
ject,--l ask him whether he cannot fix this
sum; whether he cannot tell this House what
deduction on the rates of 1919 will pay Mr..
Richie for the work he has done.
Mr. ORR Icannct claim the honor of being
a practical printer. Ny only connection with
printing has been as the editor of country
newspaper. In reply however, to my friend
from Maryland, will say, that from what cacu-
lations ! have been enabled to make of the print
| inp that has been executed bv Mr. Richie