The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-12-30


lima, Tennessee, Kentucky, Georgia, and
Mississippi. The same course is adopted by
all these States, of appointing in joint con-
ventions of the general assemblies, and under
the provisions Of statute law, one or more
persons to execute the public printing, for
both the Legislative and Executive depart
ments and for terms of two years in all of
said States. In North Carolina, the
printing thus disposed of includes, las see
Section l, page 467, Revised Code) "the
printing of the acts OF the general assembly,
the journals, the bills, and all other docu-
ments, and all other printing of aDhatsoerer
kind, which may be ordered to be done by
the general assembly," &c. AS to the laws
of the other States, and as showing their
correspondence with those of North Caro-
lima, in all respects, see Code of Tennessee,
page 10 Revised Statutes of Kentucky,
page 53S; Cobb's Digest of the Laws of
Georgia, page 1882; and the Code of
NJ lsslpp, page Ia.
The undersigned do not consider it neces-
sary to take review of the legislation of
all the States, in order to illustrate fully the
subject under consideration nor could they
obtain the requisite facilities for such review
even if they were so disposed. But they
submit that enough has already been cited
of such legislation to answer, so far as pub
lie custom, and legislative precedent can do
so, the objection urged against the contract
between the State and MIR. Goodrich, that
the same is invalid so ,fal as this Legisla-
ture is concerned. because of the alleged in
herent prerogative which exists in such
body to control and dispose of this branch
of the public business, without regard to
law, or to any contract entered into in pur-
suance of law.
Tie undersigned also refer to the legisa-
tlon of other States, heretofore quoted, for
the purpose Of answering another point
which has been raised, that there is an es-
sential difference in character between such
printing as is incident to the business of the
two Houses, and the general printing. (such
as the publication of the volumes of laws
and journals, and the printing of the execu-
tive departments J and that, however II
may be with the latter, the control of the
former cannot be Invested from the Houses
requiring its execution in the regular course
of business, without their express consent.
The laws of other States above cited it
tween the different kinds of printing, but
that in this respect they are enacted upon
the same basis with the contract law OF
Minnesota. In all these States the inciden-
tai printing and the general printing are
placed upon precisely the same footing, and
both are, alike, disposed of by public con-
tract, either express or implied. And
without charging upon this point, it may
be safely said, that, in no State of the
Urion, where there exists any law whatever
on the subject, is there any distinction drawn
between these two classes of public printing
In every State the incidental printing is dis
posed of in accordance with, and in subordi,
nation to, the statutes of such State, and in
no State is it disposed of as a prerogative
of the Legislature, or Of either branch
thereof. In the case Of an entire absence
OF all law, the right of each House to con-
troll such printing as was necessary to the
prosecution of its business, would not be
questioned but in that case, such right
would exist, not by virtue of prerogative,
but of necessity. The enactment of law
regulating its disposition would do away
with this condition of necessity and after
such enactment, such right, if resulting to
such Legislature, or to either House thereof,
would exist solely by virtue of such law, and
not by virtue of any prerogative whatever.
In view of the above, the undersigned
submit, that, neither the Legislature, as a
body, nor either branch thereof enjoys any
prerogative, paramount to the existing law
of the State, or to contracts entered into
between the State and individuals in accord
ance with the provisions of such law, to
dispose of any class of the public printing,
whether the same be general or incidental
in its character.
In this connection, the undersigned desire
to consider another claim which has been
made in regard to the printing incident to
the business of the two Houses, that the
same bears such an intimate relation to such
Houses that the persons executing it ought
to, and must, ia the nature of the case, be
considered in the light of officers of such
Houses, and so be exclusively subject 10
their appointment and control. The dis
tinctions recognized and enforced by the
Courts between offices and employments,
and the placing of this service, in the alb
sence of laws to the contrary, in the category
of employments, would, of itself, negative
such claim, and be sufficient answer to
it, But in this State, the matter is happily
placed by the constitution and the laws
beyond the influence or propriety of argu-
ment In the enumeration of the powers Of
the Legislature, the constitution, in section
5, of article 4, provides that " the House of
Representatives shall elect its presiding Off
Ger, and the Senate and House of Repre-
sentatives shall elect such other officers as
may be provided by law" And sections
ga and (27) on pages l22 and 1913, of the
volume of Compiled Laws, which sections
were enacted to carry into effect the forego.
ing clause of the constitution, PROVIDE
(24.) That after the members elect shall have
taken the oath of office affirmation aforesaid,
if there shall be quorum present, the Senate
shall proceed to the election OF secretary and
an assistant secretary, an enrolling clerk, an
engrOssing clerk, a sergeant-a at arms, and a
fireman, and the election shall be in the order
as above stated in this section, and shall be
Uiua UOce vote.
(27) So soon as all the members elect pre-.
sent shall have taken the oath or affirmation
aforesaid. il there shall be quorum, they shall
proceed to the election of speaker, chief
clerk, and an assistant clerk, an enrolling
clerk, an engrossing clerk. seIgeant-at at.
aims, and a fireman, and no additional off,
Ger shall be elected or appointed in either
branch of the legislature, Except mes.
senger boyS,) during the first two weeks of