The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-05-08

from the conduct OF the public printer far, that
this document will be fully completed and ready
for delivery to the members until after the adjourn
ment OF the present seseion OF Congress. The two
Houses will thus be deprived for a whole session OF
the most important and useful document for egis-
lative purposes which will be ordered by them. and
the expense of its publication only 30 much money
wasted. Other important documents, necessary
for the use of the various committees, have been
| delayed in the same unreasonable manner.
Four months ago the contractor was called be-
fore the committee, and notified in regard to the
inferior execution OF the printing, well OF the
delay in furnishing il to Congress. He promised
amendment in these respects; but, in utter disre-
gard Of his promises well as OF the obligation OF
his contract he has not shown the slightest dispo
sition to furnish better material or better work 9.
To execute the public printing with more despatch
The documents, such as have been furnished, are
printed upon the same coarse end inferior paper,
in the snmc unskful, and in come instances lille gi
bic manner, and with like want Of alacrity.
Your committee were required by the provisions
OF the joint resolution directing the manner of pro-
curing the printing OF the two Houses OF Congress
In the contingency presenied TO them by the gross
default Of the contractor, ..to adopt such means to
remedy his neglect and delay in the execution Of
the work ordered by Congress as they might deem
necessary 1t was apparent TO every member Of
the committee not only from the state OF the public
Printing, but the admissions of the contractor him
| sell, that he could not comply with his undertak
ing, so as to insure to Congress work done upon
the proper material, and rapidly the terms Of
his undertaking required. There was then left to
the committee no other alternative than to permit
| Congress to submit to the imposition of inferior
work and unreasonable delay, or exercise the
power conferred upon them by law. They chose
to perform what seemed to them to be their obvious
duty, and entered into contracts with Donelson g.
Armstrong TO execute 30 much Of the public print
ing as had been or might be ordered by the House,
and which the public contractor could not would
4 not do and with Gideon & Co., TO do that ordered
| by the Senate. Each of these firms has entered
into bond in the penalty OF 500 900, with good
cnrity; Tor the faithful performance Of the work.
The prices agreed to be paid to these firms, for the
| work they may execute under their respective con.
tracts, hereto appended, and made part OF this
report They do not differ materially from the bid
| Of John Il. Towers, and are believed by the com.
mittee TO be such will afford the contractors no
| more than moderate profit.
The arrangement made by the committee with
these firms was intended only temporary
| measure to secure the prompt and speedy execu
tion Of the public printing, and extends no further
! than the execution OF 20 much work the con-
tractor could do. In all cases if the tor
could execute the work in proper time, and in the
manner required by his contract, he would be allow
ed to execute ii. The gentlemen were selected be-
| cause they were men Of character, abundantiy
prepared promptly aud faithfully to discharge
their duty under their contracts
The public printer has filed with the committee
a memorial, stating various grounds Of excuse for
/ not being able to execute the public work 10 the
manner provided for in his contract, and askirg
judgment may be just and equitable. We refer
10 this memorial merely because Of its admission
that the contractor has not been able to meet the
obligations OF his contract, and to indicate the
/ Housc his reliance upon Congress for ultimate
| relief
| The resolution of the House instructs the Join,
committee ",o let out such printing the pres mt
contractor cannot execute the low est bidder af
ter ten days notice" The joint commit, is Gre
ated under the joint resolution OF the Houses OF
Congress, approved August 3, 1916, and is com
| poscd OF three members from each iouse. To the
| committee, thus created under law Of Congress,
certain duties assigned in regard to the public
| printing, which csnnot be controlled by either
House, acting separately II the House may in-
| struct the committee, so also may the Senate In
/ the event oi conhlcting instructions from these
bodice, the organization OF the committee is SUCH
being composed OF equal numbers from each House,
that neither set Of instructions could be effective.
When these instructions contravcne the law itself,
and require the committee to disregard the obvi-
/ ous duties imposed upon them by that law, surely
1 no one WI. maintain that they ought TO be obeyed.
While your committee have no disposition to
disregard the known viii Of either House, in all
matters not involving a violation Of law they can
not, consistently with their obligations under the
I law, obey instructions not authorized by, but In
1 Their opinion against the law.
! The second section Of the joint resolution refer
red 10 is as follows:
SEC ?. 4And be IL further enacted, That commit
tee, consisting Of three members Of the Senate and
three members of the House of Representatives,
shall be chosen by their respective Houses, which
! shall constitute a Committee on Printing, which
sball have power 10 adopt such measures may
be seemed necessary TO remedy any neglect or de-
. lay on the part of the contractor - execute the
I work ordered 10y Congress and to make pro raia
reduction in the compensation allowed. to refuse
the work altogether, should il be inferior 10 the
standard; and in oil cases the contractor aud his
securities shall be responsible Tor any increased
expenditure consequent upon the non performance
I Of the contract. The committee shall audit and
pas, upon all accounts for printing; but no bill
shall be acted upon for wot that is not actually
executed aud delivered, and which they may re-
I quire to be properly authenticated.
Under this provision OF the Law the committee
have adopted the means they deemed necessary
'to remedy the neglect and delay the part oil
the contractor to execute the work ordered by
Congress" They have entered into contracts
i which the law author I'D, and taken bonds in
heavy penalties for their faithful performance.
! For all damages which may result 10 the Govern
ment from the neglect delay" of the contractor,
I or "increased expenditure consequent upon the
non performance Of the contract" remedy is re.
served by the law against the contractor and his
securities. The House by its instructions require
/ the committee TO annul these contracts so author
lied by the law, and sitter tcu days. notice give the
work TO the lowest bidder. " the House, without
the concurrence OF the Senate, may control the &C
ton Of the committee in this respcct IL may all
others, and TO the defeat OF tie whole purpose Of the
law and thus the singular spectacle would be pre-.
scented Of ono Hou'e, which has no legislative power
/ independent of the other, exercising power which
4 belongs oaly TO tic two Houses and The President
together If the Housc, by its separate action, may
control the joint Committee on Printing, why
may II not regulate the conduct and annul the con-
tracts Of the members Of Congress who arc Regents
lof The Smithsonian Institute, OF any other Of
icers whose duties are prescribed by an act Of the
l two Houses Of CQpgress'
The committee feel confident that they have in
their action pursued literally tho terms Of the law,
and believe they have power tocaTry out the re-
] quirements OF the resolution of the House, and alb.
rogatc tho contracts made with Donelson & Arm.
strong and Gideon & Co.; and, however rnuch
/ they are disposed 10 respect the wishes Of the
4 House, they cannot execute them under the Law
without the assc mt Of the contractors and the
| currCnce Of the Senate.
la respect 20 the report Of the members OF the
committee Of the House, proposing TO publish fifty
thousand copies Of the mechanical part Of tlc Pa.
| tent Oaico report, the members Oi the Senate be-
! longing TO the committee conceive that they have
no jurisdiction over the subject The law oxprcssly
requires that all motions 20 print copies VI
any document shall he referred to the mentors OF
| the committee belonging TO the House in which
| such motions are made; and these members bav.
ing exclusive control Of the subject, the Members
| from the Senate decline 60 express any opinion in
| regard thereto. TIE members Of the committee
~ be House do not deem the number Of the Pa Mt
| Office repDrt proposcd 20 be uubliehcd unrcaas,pa