The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-05-13
THE pRINTING-GR0ss UsURpATToN

| if Baal serve him"
| THE PRINTING GROSS UsURPATION.
The struggle in relation to the disposition
of the printing of Congress must soon be ter
minated The Committee at last denies the
right of the House to instruct it, and defes it's
power
On the 5th, its report authorizing the print
ing of $4,000 copies of the mechanical portion
of the Patent Office Report coming up it was
recommitted, on motion of Mr.. Clngman, with
instructions 4" to report what, if any, arrange
ment has been made, to execute the public
printing and, if any other than the public
printer has been employed, to report what
prices they have agreed to pay" also, q to let
out such printing as the present contractor
cannot execute to the lowest bidder, after ten
days notice" On the It'll, the Committee
through Mr.. Stanton Of Kentucky made a
long report. Details were submitted, to show
that the present contractor, Boyd Hamilton,
has not in single instance been able to exc
cute the printing agreeably to the terms of the
contract He has failed as it regards time
manner of execution and quality of material
Fully convinced of his inability to do the work,
they entered into contracts with Donelson &
Armstrong, printers of the Union, to execute
so much of the public printing Us had been,
or might be- ordered by the House, and what
the public contractor could not or would not
l. e. 10 nf L.
Republic, to do that ordered by the Senate.
Each of these firms had entered into bond in
the penalty of 800, OOO with good security for
the faithful performance of the work
The House, it will be remembered instruct
ed the Committee to let out the printing to the
lowest bidder, after ten days notice. The
Committee, it will be observed, state that they
have made contracts with two firms to exc
cute the printing; they refuse, point blank, to
obey the House, and deny it's power to instruct
them and they attempt to Justify their con.
duct as follows:
@The resolution of the House instructs the
joint committee to let out such printing as the
present contractor cannot execute, to the low
est bidder, after ten days notice. The joint
committee is created under joint resolution
of the two Houses of Congress, approved Aug
| Sd, 1916, and is composed OF three members
from each House. To this committee, thus
created under law Of Congress, certain duties
are assigned in regard to the public printing,
which cannot be controlled by either House,
acting separately. IL the House may instruct
the committee so also may the Senate. 10 the
event of conflicting instructions from these
bodies 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
contravene the law itself and require the COM
| mittee to disregard the obvious duties imposed
upon them by that law, surely no one will
maintain that they ought to be obeyed
"While your committee have no disposition to
disregard the known will of either House. in all
matters not involving violation of law they
cannot, consistently with their obligations
| under the law, obey instructions not authorized
by hut in their opinion against, the law.
"The second section of the joint resolution
referred to, is as follows
"SEc 2. And be 1t further resolved, That a
committee consisting of three members of the
Senate and three members of the House of
Representatives, shall be chosen by their re-
| spective Houses which shall constitute Com
mittee on Printing, which shall have power to
| adopt such measures as may be deemed neces-
sary to remedy any neglect or delay on the
| part of the contractor to execute the work Or
dered by Congress- and to make pro rata re-
| duction in the compensation allowed, or to
| refuse the work altogether, should it be infe-
| rior to the standard and in all eases the con-
tractor and his securities shall be responsible
for any increased expenditure consequent upon
| the non performance of the contract The COM
| mittec shall audit and pass upon all accounts
for printing; but no bill shall he acted upon
for work that is not actually executed and de-
livered, and which they may require to be
properly authenticated
"Undcr this provision Of the law, the COM
mittee have adopted the means they deemed
necessary to remedy the neglect and delay on
the part of the contractor to execute the work
ordered by Congress- They have entered into
contracts which the law authorized and taken
bonds in heavy penalties for their faithful per-
Torrance. For all damages which may result
to the Government from the neglect or delay
of the contractor, or increased expenditure
consequent upon the non-performance of the
contract, a remedy is reserved by the law
against the contractor and his securities The
House by its instructions require the commit
tee TO annul these contracts so authorized by
the law, and after ten days notice give the
work to the lowest bidder. If the House. with
out the concurrence Of the Senate, may control
the action Of the committee in this respect il
may in all others, and to the defeat of the
whole purpose of the law, and thus the singular
spectacle would be presented of one House,
which has no Legislative power independent of
the other, exercising power which belongs only
to the two Houses and the President together
IL the House. by its separate action NAV CON
troll the Joint Committee on Printing, why may
it not regulate the conduct and annul the con-
tracts OF the members Of Congress who are Re-
gents of the Smithsonian Institute, or Of any
other officers whose duties are prescribed by az.
act Of the two Houses Of Congress!
The committee feel confident that they have