The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-12-30
The Printing Question in the Legis-
1ature.

The following report from the majority
of the Senate Committee on Printing, was
submitted to the Senate on Wednesday
The Committee on Printing to whom
was referred the following resolution of Mr..
CowAN, beg leave to report:
RESOLVED, That all printing for the State
shall be done by Earle S. Goodrich, the con.
tractor therefor.
The committee respectfully state that
they have examined the contract of Earle
S. Goodrich for the State Printing, copy
of which is herewith furnished. This con-
tract was entered into by Mr.. Goodrich and
the State Auditor, under the Act of March
10th, 1858, entitled an Act to provide for
the letting of the State Printing, Binding,
and advertising" and covers, as will be seen
by the contract the printing Of the proceed
ings, ETC., of the Senate and House of Rep.
resentatives as well as the State Printing
in general, and commenced December IL,
1858, continuing two years from that date.
The main question for your committee to
consider with respect to the resolution is
whether this contract is valid, and author
lied so as to require this Senate to let the
printing incident to its proceedings, and
business, to any person, or any manner, not
authorized by itself. The printing of the
proceedings and journal of the Senate, and
such printing as may be incident to the
business Of that body, should necessarily be
controlled by and directed by that body, not
only by reason of the prerogative of legisla-
tive bodies to regulate their own proceed
ings, but for many reasons of public policy.
TO the printers Of the Senate or House ne.
necessarily is confded important records, as
engrossed bills, &C., and it would be strange
indeed if this body could be compelled to
commit its most important records to an
officer not selected by it, and should have no
control over the manner in which its pro-
ceedings should be published. The Consti-
tuition fully recognizes this right.
Section of Article ii of the Constitu.
ton provides that,
The House of Representatives sha Ill elect it's
presiding officer, and the Senate shall ele ct
such other officers as may be provided for by
law. They shall keep journals of their pro
ceedings and from time to time publish the
same, and the yeas and nays when taken on
any question shall be entered on such journal.
This in our mind clearly recognizes the
right of the Senate to publish its own pro.
ceedings and select it's own officer for that
purpose, and this principle is fully recog-
nized in the case of Goodrich Us. Moore in
relation to the printing of the Constitutional
Convention, decided by Supreme Court.
This being the case no statutory provision
of prior legislature, in our opinion, could
restrain or take away this Constitutional
privilege, and provocative of the Senate, and
that therefore the contract in this respect is
unauthorized and invalid, and the Statute
under which it purports to have been made
is not binding upon the Senate in this par
ticular. There are other reasons which in
the mind of your committee would render
the contract invalid, as not being authorized
by the act ITSELF Thus, the act requires
that at the expiration of the time limited
in said notice for receiving such proposals,
the Auditor shall open the same and award
the said contract or contracts for said print
ing, binding, and advertising to the lowest
and best bidder or bidders, for the whole or
any portion of said printing, binding, or
advertising, for aaid rm of two years spe-
CITED in said public notice." This shows
that while the work was divided or classed
into different portions or items, that every
portion or item was to be let to the lowest
bidder, for that item. Now this course
was not pursued, and with respect to many
of the items or portions of the work adver-
tised in the proposals, we find that the bids
of Mr.. Goodrich were made higher than
Others, and that Notwithstanding this, the
contract for the whole work was let to Mr..
Goodrich instead of those portions only upon
which he was the lowest bidder. This course
we conceive was in violation of the Statute
and that the contract therefore would be
unauthorized and invalid.
For these reasons the Committee report
adversely to the resolution.
MINORITY REPORT
Of the Committee on Printing, to whom
was referred the following resO' ution: