The southern press., 1852-05-11

present contractor cannot execute to the lowest
bidder, after ten days notice" The joint COM
mttee is created under the joint resolution Of
the two Houses of Congress, approved August
Sd, 1916, and is composed of three members of
each House. To this committee, thus created
under law of Congress, certain duties are as
signed in regard to the public printing, which
cannot be controlled by either House, acting
separately. Ii the House may instruct the
committee, so also may the Senate. In the
event OF conflicting instructions from these
bodies the organization of the committee is
SUCH being composed of equal numbers from
each House, that either set ofinstructions could
be effective. When these instructions contra
vene the law itself, and require the committee
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 10
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.
but in their opinion against the law.
The second section of the Joint resolution re-
ferred to is as follows:
SEC. 2. And be il further resolred That a
committee, consisting OF three members of the
Senate and three members Of the. House of
Representatives, shall be chosen by their respec.
tive Houses, which shall constitute Committee
on Printing, which shall have power to adopt
such measures as may be deemed necessary 10
remedy my neglect or delay on the part of the
CONTRACTOR to execute the work ordered by Con.
gress, and to make pro rata reduction in the
compensation allowed or to refuse the work
altogether, should it be inferior to the standard
and IN all cases the contractor and his securities
ha Ia g. \
ture consequent upon the non. performance Of
the contract. The committee shall audit and
pass upon all accounts for printing but no bin
shall be acted upon for work that is not actually
executed and delivered, and which they NAV re-.
qure 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 on the part
OF The contractor to execute the work ordered
by Congress" They have entered into con.
tracts which the law authorized. and taken
bonds in heavy penalties for their faithful per
formance. For all damages which NAV result
to the government from the neglect or deayn
of the contractor, or Increased expenditure
consequent upon the non performance of the
CONTRACT" remedy is reserved by the law
against the contractor and his securities. The
blouse, by its instructions, require the committee
TO annul these contracts so authorized by the
law, and after ten days notice give the work to
the lowest bidder. If the House, without the
concurrence of the Senate, may control The ac
ton of the committee in this respect, it may in
all others, and to the defeat of the whole pur-
pose 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. IF the
House, by its separate action, may control the
Joint Committee on Printing, why may it not
regulate the conductand annul the contracts of
the members Of Congress who are Regents of
the Smithsonian Institution, or of any other
officers whose duties are prescribed by an act
of the two Houses of Congress!
Tire committee feel confident that thew have
in their action pursued literally the terms of the
law, and believe they have no power to carry
cut the requirements of the resolution of the
House, and abrogate the contracts made with
Donelson d. Armstrong and Gideon & Co.; and,
however much they are disposed to respect the
wishes of the House, thu y cannot execute them
under the law without the assent of the contrac-
tors and the concurrence Of the Senate.
In respect to the report of the members of
the committee of the House, proposing to pub.
lish fifty thousand copies of the mechanical part
of the Patent Office report, the members of the
Senate belonging to the committee conceive
that they have jurisdiction over the subject.
The law expressly requires that all motions to
print extra copies of any document shall be re.
ferred 10 the members of the committee belong.
ing TO the House in which such motions are
made; and these members having exclusive
control Of the subject, the members from the
Senate decline TO express any opinion in regard
thereto. The members of the committee of the
House do not deem the number of the Patent
Office report proposed TO be published unrea.
sonable, or the price greater than the work will
cost. The members of the House belonging
TO the committee submit the following resolu.
ton, and ask its adoption:
"Resoired, That the Committee on Printing,
under the joint resolution of the third of Au.
gust, 1916, have power TO adopt such measures
as may be deemed necessary to remedy any
neglect or delay on the part Of the contractor
to execute the work ordered by Congress. and
TO make pro rata deduction in the compensa-
ton allowed, or refuse the work altogether,
should il be inferior to the standard; and in all
cases may hold the contractor and his securities
responsible for any increased expenditure con-
sequent upon the non-performance Of his con.
tract"