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

minority OF tnlS cOmmlttee recommend the
adoption of the resolution in question.
All of which is respectfully submitted.
THOMAS COWAN.
Minority of Committee on Printing.
December 9th, 1859.
REPORT OF THE MINORITY OF THE HOUSE
COMMITTEE.
The undersigned, Minority of the Com
mittee on Printing, to which was referred
the statement and remonstrance of Earle
S. Goodrich, Contractor with the State for
the public printing, binding, and advertis-
ing, beg leave to submit the following
report:
That they find by reference to the Stat
utes OF the State, that, on the 10th day of
March, A. d. 1858, an act, entitled "An
Act to provide for the Letting of the State
printing, binding, and advertising" (which
had heretofore passed both Houses of the
Legislature, by constitutional majorities,
and with but single dissenting vote in
either branch,) was approved by the Gov
ernor and became law;
That the law thus enacted, provides spe.
officially, and in substance, that all printing,
binding and advertising, which may or shall
be done under the authority, and at the ex-
pense of the State of Minnesota, should
thereafter be done by contract, covering a
term OF two years. time, and running from
the 18th day of December, 1858;
That the said law delegated to, and i'm
posed upon the State Auditor the duty to
invite, by public advertisement, and to re-
ceive proposals from any person or persons
actually engaged in the business of printing,
publishing, and binding, or either, within
this State, for the execution of the said
printing, binding, and advertising, or any
portion OF the same so required to be done :;
said law further providing the manner in
which proposals or bids should be made
and that within certain time the Auditor
should open the same, and award the said
contract or contracts, to the lowest and best
bidder or bidders, for the whole or any por-
ton thereof, for said term of two years
and that the person or persons whose bids
should be accepted, and to whom the con.
tract should be awarded, should enter into
contract according to the terms thereof, and
give security in bond to the people of the
State, to be conditioned for the faithful
performance of the requirements of said
contract;
That the State Auditor gave notice by
advertisement soliciting proposals for said
printing, binding and advertising, according
to the requirements Of said law ; and on the
first Monday Of August next succeeding the
date of said public notice, he opened the
several proposals received at his Office, and
in the exercise of the discretion delegated to
him by said law, awarded the contract for
said printing, binding and advertising, to
Earle S. Goodrich, as the loacest and best
bidder for the yhole amount thereof, for the
said term of two years;
That on the 18th day of August, 1858,
the said Earle S. Goodrich, in accordance
with law, and with the terms of his said
bid, did enter into written contract with
the State of Minnesota by the terms OF
which contract, the State guaranteed to
said Goodrich, the sole and exclusive right
to do and execute the whole of said printing,
binding and advertising specified therein,
and in the law authorizing the same to be
made; and that the State would pay to said
Goodrich therefor, the prices therein named
and limited; and the said Goodrich, on his
part, covenanted that be would do and
execute the whole of said printing, binding
and advertising, according to law and the
conditions of said contract; and gave security
in bond to the people of the State, as re-
quired by the said law, conditioned for the
faithful performance of the requirements of
such contract which said bond and con.
tract were deposited in the office of the
Secretary of State, copies of which are
hereby annexed, marked "B" and &C."
and made part of this report.
Upon all which said state of law and facts,
the undersigned submit that, the contract
now existing between the State of Mime
sofa and Earle S. Goodrich--the same being
formally drawn and properly executed, in
accordance with valid law then and still
in force-is legal contract and as such is
binding equally upon the State as upon the
individual party thereto.
1t is objected against the contract under
consideration, and against its recognition by
the Legislature. that the law under which it
was executed is invalid, so far as it seeks to
bind or control the action of this body, or
either branch thereof. This objection is
founded upon the assumption that the con-
troll and disposition of the public printing,
binding, and advertising, is a prerogative of
each separate Legislature, or of either branch
thereof, which cannot be Invested by any
law, appointment, or contract, not made, or
entered into, by the direct authority of such
Legislature, or Of the House for which such
service is to be performed.
This objection, to be sustained, involves
the necessity, first. of attaching to the Legis-
lature an authority paramount to all law /;
and, second, of attaching to this class Of
labor and service higher and different at
tributes than belong to any other class of
labor and service whatever.
The first proposition is one which the un-
dersigned will not so far insult the good
sense of this body as to seriously discuss.
That the Legislature of State enjoys pre-
negatives superior to, and in conflict with,
laws enacted by its authority, and in subor-
dination to the constitution, from which it
derives all its rights and privileges, and
which its members have sworn to support !;
that the making power of the govern
ment enjoys an indefeasible right to become,
at will, the law.breakiDg power are state
ments too monstrous for belief, and too
ridiculous for argument.
1t is equally difficult to understand upon
what grounds the second proposition can be