The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1878-02-02
IMPORTANT OPINION OF TIE ArrOR.
NEY GENERAL.
[From The Topeka Commonwealth. ]

[From The Topeka Commonwealth
The following opinion, given as re-
quired by law, when asked by certain
officials, speaks for itself. 1t settles the
question that has caused more ink to
flow, and bad blood to be engendered
than any other subject discussed by the
press of Kansas for the past ten years:
OFFICE OF ATTORNEY GENERAL,
TOPEKA, KAN, Jan. IL, 1873.
Hon. II. S. Cool, County attorney CHasc
County, Kansas:
DEAR SIR BY letter of the 10th
inst, you say: "What is your construc-
ton Of the laws of 1872, page 246, giving
commissioners control over county print
ing, delinquent tax and other county
expenses" Does it authorize
the Commissioners to charge the prices
fixed by law for printing delinquent tax
list, road notices, ETC., or to what extent
are the Commissioners bound by any
bids that might be offered to do the
county printing, and their powers to fix
any of the compensation for the same
Or have they simply the right to select
the papers to do the work at the rates
fixed by law? Or if two bids shall be
offered have they the power to say which
paper shall do the work regardless of
prices? Please give me your construc-
ton and oblige."
Regarding, have to say:
Section J, chapter 10S, Laws 1872,
purports to amend section 36, article 2,
chapter 25, general statu ties 1868. Does
it repeal said section 46? I hold that it
does; as for this purpose, it fully COM
plies with the requirements of article 2,
section 16, State Constitution. By COM
pairing the two sections you will see that
section l, chapter los, laws 1872, is Sec
ton sc, chapter %, general statutes 1868,
verbatim, until you reach the proriso
to the latter section (36) which proriso is
then dropped by section l. of the act of
1872. Section II, chapter 80, general
statute 1868, fres printers fees for certain
york which is contemplated by section l,
chapter, los, laws 1872, above referred to
and is now in full force. The term e.
clusiue control does not give the Board of
County Commissioners any power to set
aside this statute. That term has no
more power in the amendatOyy act,
than it mas in the act repealed. This
term, exclusive control, means among other
things. that the Commissioners, to the
exclusion of other county officers, shall |
have entire charge of the matter named |
and implied in said act of 1872. There |
are other matters pertaining to the du-
ties under that act, in discharge of which
they can exercise. exclusive control. But
in the exercise of this elclusire control they |
can never set aside any requirement of
,ther statutes unrepeaied and bearing on
the subject matter about which they are
to exercise control. To il
lustrate: If they can change and lower
tie fees fired by law for specified part of
The work contemplated by the act of
1872, they can, by purity of reasoning,
prohibit the County Treasurer from pub
ishing in a newspaper the delinquent
AK list, as directed in section 1O7, chap
er 81, laws of 1876, because it costs t. o
much, etc. Having said this much, !
that, as to all printing required
o be done for the county. and for which
he fees are fired by section IL, article 2,
,hapter, IS, general statutes 1868. the
county Commissioners have exclusive
,ower to designate the printer or printers
Who shall do the work, and the paper or
'apers, in which advertisements shall be
'rinted, but they have no power to
hange the fees fixed therefor; nor is
here any law authorizing them to dis
'ose Of the county printing by bids.
2. If there be be any portion of county
rinting required BY the act of 1872. or
ny other law, and for which the fees
re not fired. then they have eeclusiue con-
rol as to the amount of compensation,
nd may fix such rates as they may
eem proper or can contract for.
8. think the printer entitled to the
ses fixed by law for any part of the
rinting which he may contract to do for
he county. Very respectfully,
WILLARD DAVIS, |,
ATTORNEY General,