Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-04-30
23,llo copies,
1921 %

Total, 23,llo copies. 1921 %
These examples will serve to explain the
system of constructive charges which the Au-
di.or has failed to find any law to justify or
sanction. Without entering further into detail,
it may bo briefly stated, that after allowing
two compositions charges Zone for the House
and one for the Senste on all the reports
printed by Mr.. Medary, his bills still present
an additional claim for $2,924 224 in pay
ment of the third, fourth and .ffth construc-
tive type-settngs.
BY reference to Mr.. Medary's bill for Sem
ate printing, it will be observed that the prin
ting and binding of the Journal Of that body
volume Of 942 pages is included therein
The fact that this work was executed by MIR.
Medary, and that he should be paid for IL d
fair compensation are points not in contro-
yersy. But the Auditor is Of the opinion that
Mr.. Medary is not entitled to the entire
amount he demands. The resolution adopted
by the Senate on the subject Of its printing
was as follows;
RESOLVED, That the Clerk of the Senate be
directed to procure the NECESSARY printing for
this body for the time being, and until law
can be passed providing for the public print
ing as prescribed by the Constitution, provid-
ed that the prices paid shall not exceed those
paid for the Senate printing at the last ses-
| sion.
This resolution, az will be seen, authorized
no more printing than was "nscessary" for the
use Of the Senate, previons TO the passage OF
law letting out the public printing to the
lowest bidder, as required, (wisely or other
! hx,t ha lo, pf lie
character was passed ON the l6sh day of A pril.
1852, and the fact that the printing of the
Journals and Legislative documents was not
completed until the month of August, 1852,
is sufficient proof that they were in no respect
necessary for the use Of the Senate, in advance
Of the passage of printing law, in accordance
with the Constitution.
In like manner, it will be seen on reference
to Mr. Medsry's bills for House printing mar
ked C. and D. that the journals Of said body
and two volumes Of legislative documents are
+ included therein. The remark already made
in regard to the printing Of the Senate journa
is applicable in the present case and may agair
be repeated; the work was executed by Mr.
Medary, and he should be paid therefor al
that IS right But before deciding what thi
, amount should be, il may be well to recur t
the following resolution adopted by the hous
of Representatives on the 10th Of January
1852:
"Resolred, That the Clerk OF this House
hereby instructed. antil otherwise provided, +
obtain such printing as may be ORDEREl
by the House, and that as soon as law sba
be passed by the General Assembly in accor
dance with the provisions of the second sectio
of the fifteenth article of the Constitution O
this State, the account therefor lat prices nc
exceeding those paid for House printing at th
last session of the General Assembly shall
audited and paid in such manner as shall
prescribed By such Iap."
This resolution gives the Clerk Of the Hous
) instructions to procure the execution of Gel
tain printing, but care vas taken to limit hi
authority TO such printing as the House "d'
= dered," and to none other. II is also distinct
= ly declared in advance that the account fu
such printing "shall be audited and paid i
such manner" as law n accordance with th
provisions of the new constitution should pre-
scribe.
: 1t might be sufficient to say that the Hous
gave no "order" for the printing Of its joul
mails, nor for the printing of the volumes
documents, and hence the above resolutio
gave no warrant for their execution. But th
. facts 90 further On the 2sth OF January
1852, the House Of Representatives adopte
: : the following resolution;
Resolped. That the Clerk Of the House b
. and he is hereby requested to communicat
i to Samuel Medary. that any work. or 2rsps
: ration for any work. for the printing Of tn
: journals of the House, is not and cannot b.
. authorised by the terms Of the resolution adoI
; ted on the 18th of January. 1852, and that
any expressed or implied contract exists fc
the printing Of the journal, that the same
D. wholly unauthorized and void."-See Hou,
Jorna, page 1873.
On the 29th day Of January, motion wa
made to reconsider the above resolution, br
the motion was laid upon the table and nevt
adopted.--Ses House Journal page l0s.
A law providing for the public printing
accordance with the requirements Of the col
\. stitution was finally passed on the leth day
- April 1859, aad in compliance with It's pr
y visions. written proposals were made, by n
) sponsibs parties, for printing and binding ii
. journals OF the two Houses and the two va
I. umes Of legislative documents. at prices pr
o. ducing the following results as eontrasted vii
the charges Of Mr. Medaryi
Bids under Chars
Il the law. MsdaF
Printing Senate Journal, $3.50 70 $7O0 rs
. Binding Senate Journal, $50 so All 81
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