The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-12-16

statutes, during all the time in which the
general and incidental printers were elected
by the Legislature, have uniformly kept in
view this distinction between an Office and
an employment, and have placed the public
printing in the latter category. The public
printer, while made elective, was nowhere
named or treated of as public officer. He
was not included in any list of public off,
GERS, or of officers of either House; was
not required to take an oath of Office nor
was he required to give bond for the faith
full performance of his duties as public
officer, but only for the punctual per-
Torrance of all the public printing re-
quired." His employment was simply an
engagement to perform certain kind of
mechanical service for certain amount of
pay.
This was the status given to the public
printer while made elective-that of being
mere employee Of! the government, and
not an officer of the Legislature, or of either
branch of it. But, with the enactment of
the contract law, every mark, even, of the
official character of this employment-so
far as such character had been given to it,
in any mind, from the fact that it was be-
slowed by appointment-was utterly oblit-
Grated. The public printing became under
that law, purely and solely, in name as well
as in fact, a matter Of ordinary contract in
the usual course of business. Neither the
Legislature, as body. nor either branch of
it separately, possesses any supervisory
power over the subject, either as to the per-
son to whom, or the price at which, the con-
tract shall be awarded. The law deputies
the duty of deciding these points to an
officer of the government outside of the
Legislature, who is responsible for the faith
full performance of such duty, as of all
Others. This duty performed, and the con.
tract awarded, the subject is not, as we
respectfully submit, q legitimate one for
legislative action, in any respect impairing,
or seeking to impair, the rights which
Oh its execution. have become vested un-
der it, either to the contractor or to the
State. Doubtless the Legislature may i'm.
peach an officer who awards the contract
fraudulently, and the Courts may annul a
contract which is fraudulently awarded
but the Legislature can no more exercise
judicial functions by annulling such con-
tract, than the Courts can exercise iegisla-
tive functions by impeaching such officer.
Both the Legislative and Judicial depart
ments have their legitimate spheres, in
which, under the law, they are supreme {;
but neither can rightfully trespass upon the
domain of the other.
But, assuming that we are wrong in d.
vesting the public printing of its official
character, and that the members of the
Legislature, who have sought to interfere
with the existing contract, are right in re-
garding the public printer as an officer of
the Legislature, and the contract law as a
nullity-does either branch of the Legislature
possess the power to elct such an officer ?
In answering this question, we beg to refer
members to section 5, of article 4, of the
Constitution of the State, which provides
that "the House Of Representatives shall elect
its presiding Officer, land the Senate and House
of Representatives shall elect such other
officers as may be provided by law ;" and to
sections (24) and (27) on pages 122 ard 1913,
of the volume of Compiled Laws, which
sections were enacted to carry out the FORE
going provision of the State Constitution.
This reference will convince members that
the proceeding initiated in the House, on
the first day of the session, was not only un-
authorized by, but that it was in direct con-
fict with, the Constitution, and the laws
enacted to carry out its requirements. And
if further light is needed to bring into plain
relief the illegality Of any proposed inter-
ference with the rights of the contractor
with the State for the public printing, on
the part of the Legislature, or either branch
of it, it will beam forth from that clause
10 our Bill of Rights, which declares,
that No bill of attainder or er post facto
la0, nor any law 'mpairimg the obligation of
contracts, shall ever be passed." Obedience
on the part of members of the Legislature
to this constitutional mandate, and an OBJ
servance by them, also, Of the legal maxim,
"That which cannot be directly done, cannot
be wrought by indirection," will relieve us
from the necessity of again considering a
subject so personal to ourself, anil the dis
cussion of which, as we hope, may be per
mitted to close with this article, in safety to
our rights, and to the honor of the State.
The Boston Transcript assures the public
that the patriotic ladies Of the Mount Yer
non Association read their title clear " to
the WASHINGTON estate. They have, says
that journal, acted from the beginning Of
their enterprise under the direction Of emf