The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-03
THE PRINTING BOARD.
~o uvVgNuTg ACTION TAKEN yEsTER
DAy-ADJOURNMEN TO TEN
O'CLOCK TODAY.


Gov. witt. Rpoakor Bush. senators HaebarIo
and Garland. and Representatives Loonhatd
and Lamare.
Attorney General Ogden was present. at the
request NJ tho board. In order that no may give
his opinion whether Speaker Bush and Messrs
Lombard and Lamnro wore anr longer entitled
70 eit 10 members of the board. II was said
that tho term Of Office Of members Of tho House
~ expired on tho election Of their suooossors.
~ Tho Attorney General gave as his opinion
Tint the gentlemen referred to could certainly
retain their seats members Of tho Printing
Board for the law provides Tint the board shall
consist OF two Senators md two Itepresent
ntIyos End no cannot be made to unda rstand
that tho law should be 80 q nsirued aa 10 cause
eyery two yenrs n vacancy to exist for some
time in tho board. He therefore thought II
perfectly lawful for tho members Of the House
belonging 10 tho board 10 continue 10 net IN Tint
capacity until their SUCCESSORS become qualified
The opinion Of tho Attorney General having
boon submitted by the Governor TO the board
and accepted Mr.. Taeharie moved that the
spesker and the two members of tho IeeIs.
lature there present be still considered aa mem
bers Of tho Printing Beard. Carried.
Lieut. GOV. Wilt offered q similar resolution
In regard to Aenntor Taeharie and II WIS adopted
Gov. Nichols then called tho meeting 10 order
and requested Mr.. La,nare to act ms secratary.
that no had received several documents which
were on his table and which he thought must
BIO proposals. or bids for tho State printing but
before any action be taken on tho same he
would like 10 read certal n aneiions of tho print
ing law known ~ not No ~ Of 1877
Hpeakar Bush took tho floor and said.
"fefore considering the bids II would be bottor
10 determne upon what terms and under what
notifications va ihtend to enter into tho con
frnrt with tho applicant for the State printing
Az ! understand We contract by virtue 81 net
No. AZ. aud we have no right TO go beyond Its
provisions. but we must tell tho contractor
upon what basis wo will ACCEPT his bids. will .
therefore, read tho following expression of our
Interpretation Of certain serions Of tho print
ing law which offer IA u resolution:
"'Itis tho eenss and opinion Of tho Printing
Board that the contract for public printing. 10
be entered into with the pnrson chosen Htn
Printer I'm conformity to section 10 of act ~ of
1877. covers aud innlulos only such printing rs
IL provided for by said statute ~ Of 1877. spaci-
flcaIly required of or. imposed upon tho State
Printer aud thHt his bond. according TO section
"a ~ said statute shnll DO conditioned for the
faithful performance ri all tho duties devOlving
upon him under said statute ~. or any future
or eubacauont Inv. That. In consequence. the
following printing r 70, included = ne con
manis ~ tho -- Legislature, 1H-. comprising
executive rnoaaneeR. ETC., which should not he
printed unees authorized by iufure Legislation
= VI That HDcipn ~ Ot act 40. npprovoi Maroh
n, 1877. aa supplied 10 the parish IF Orleans. ia
nndelstood to mean thnt advertisements shall
or fraction thereof for tho ilrst ms rion, and
twenty I've cents for nHch subsequent Insertion .
whether %uch Subsequent Insertions DO pub
lished consecuiyay day alter day or nj inter
walls bot tween eHeh insertion: and that. there
fore. the state Printer is not. under any cir
cnmatancos. authorized TO demand or receive
more than seventy five cents for tho first inser-
tion per square, or franl Ion thereof and twenty
Ave cents for the second or my other insertion
"a. That section 10i, OF net eG. approved April
~. 1877, H. understood ~ apply 10 H." charge 10
that the = ate Primer FOR tho publication Of do
lnuunnt lsta ia entitled to charge only per
square and nj tho rn'c fixod for puhic printing
according 10 faid statute ~ Of 1877 and no more /.
and that applicants for the position Of state
printer be notified by advertisement of this con
struction by tho Printing Bontd.'
ACCORDING TO NY READING
of the statute" continued tho ,speaker we are
limited In our contract by the provisions thereof
but do not think that We can contract for tho
Legislative documents and we should express
this clearly Also tharc have hcen dfTot ont
constructions OF section ~ NJ to the charge per
square for advertisements on first insertions
aud on subsequent Insertions. therefore offer
tho resolution ! bavo Just read. in order that
the sense Of tho board as to the import tf tho
law be known"
A discussion wna entered into on tho
adoption OF tho resolution.
aov NICHOLS
said Tho law provides for tho appointment
OF n State printer and apecillaA his duties. The
question H. whether tho uarty has tho right Or
not to interpret tho Inv according 10 hla under
standing Of IT. We cannot extend or limit tho
forms II tho law. resolution ombodying our
understanding Of the Inv would ha simply an
expression of opinion without any legal force.
When tho law specifically notes such and surh
n thing, tho StHtn ITinfof ~ bound To follow
such interpretation whether It DO our opinion
Col Bush II the board constructs tho law nc
Cordng to is opinion. H. does not follow that
such and such contracts, or such md such
prices. aro included thorein. but simply OK
Cs zac II Il & question
law what effect our opinion will have In tho
future.
In we'll known TINT a statute r. not auaeoutihle Of
tho same construction by different parties.
Ar THIS STAGE
Of tho discussion. Attorney Genoral Oedon
begged to interrupt the gentleman and said:
Col. Bush has given correct interpretation OF
the law. but suppose thnt the above expression
does not concdn with the opinion Of others
then Ii would affect the contracts II awarded
to the loweRt bidder"
Col Bush We have not yot aletermIned as TO
the manner Of awarding tho cnntrae
Governor-The opinion embodied In the re-
solution will be- merely 10 give some hints ~
e the manner in which we interpret Tho law
Tho resolution will not affect tho contract. rs we
cannot &ntrol the law.
Con. Ogden-B But It may affect the freedom Of
de.,e-nnr- On second thought. | believe ~
would be pr"nht"-e 10 ndqnt tho resolution T.
ered. Y,
Dol. zacharioz 1t would be preferable to adopt
the resolution before tho bids are considerod
because any expression OF our opinion ~ post
Lieut.. Uoy Witt Tho resolution If adopted.
would. l think. have boen premaurely con
sidered and concur IN Coy. Nichols opinion.
Col Bush-Tt IL my desire to have the resolu-
ton accepted. to warn contracting parties Of
our sense of the law.
Lieut. Gov Wilt Would not that resolution
touch upon some Of tho charges made against
the state Printer
Col Bush-No. lido not intend or expcc, that |
our Interpretation OF Tho law will have tho Of |
feet TO ipJure the State Printer.
Gov. Wiitz-The matter may go before the |
courts
Gov. Nicholas do not think II tho charges |
arc brought before tho tribunals. that orr reSo-
luton will he detrimental to the State Printer,
We speak for the future and do not intend to |
touch upon suhJecs+hai are Of the past
Col Buah-lt H. understood that the bidder |
will use his own explanation Of tho law in max
ing his contract.
Mr. Leonhard- Before taking action on the |
resolution. nova that the regular business Of |
the meeting ho entered into. We have como to- |
Rether 10 take action on the bids |. therefore. |
move that the proposals. be considered
THE CHAIRMAN
and Col Bush opposed Mr. Leonhards resolu- |
ton on the ground TINT some Of tho bidders, ig- |
norant OF tho sense Of thu board Rs 10 the law |
rbpulI have construed thpir biHa nE to bn In.