The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1878-01-31
County Printing.

The seaaon having arrived for the
annual squabble over county printing,
in answer to an official communication
the Attorney General of the State de-
livers an opinion in which all the laws
governing the matter are cited, COM
pared and commented upon. 1t set
ties the question that has caused con-
siderable bad blood in the State. The
decision is not only sensible aud right
but comedies practically with the de-
| cisions of two or three district judges
made heretofore upon an agreed state
ment of facts. The opinion of the
Attorney General is in words and fig
ures as follows:
Section /, chapter 106, laws 1872 ,pur-
oorts to amend section SO. article 9,
| chapter %, general statutes 1868
Does it repeal said section sc | hold
hat it does, as for this purpose, il
| fully complies with the requirements
If article ,, section Is, State constitu-
ton. BY comparing the two sections
on will see that section |, chapter los,
laws 1872, is section Sc, chapter 25,
general statutes 1868, rer6dtim, until
you reach the prociso to the latter sec
| ton $500 which proriSo is then drop
| Jed by section l. of the act of 1872
Section II, chapter 80, general statute
| 1868, .fres printers fees for certain
cork which is contemplated by section
| i, chapter los, laws 1872 above referred
l ss ,,,f IN
@rclasire control does not give the
| board of county commissioners any
| power TO set aside this statute That
term has no more power in the amend
rtory act, than it had in the act re-
| pealed. This term, e.rcluSiUe control,
| means among other things, that the
commissioners, to the exclusion of
other county officers shall have entire
charge of the matters named and i'm
Died in said act of 1872. There are
other matters pertaining to their du-
| les under this act, in discharge OF
which they can exercise ecclasire con
| frOt. But III the exercise of this en-
c{uSiCe control they can never set aside
any requirement of other statutes IN
| repealed and bearing on the subject
matter about which they ale attempt
| ing so exercise control. To illustrate
II they can change and lower the fees
| tired by law for IA specified part of the
work contemplated by the act of 1872,
they can, by parity of reasoning, pro
| hi6u the county treasurer from pub
| fishing in newspaper the delinquent
| tax list, as directed in section 107.
chapter 81, laws of 1861, because it
costs too much, etc. Having said this
much, | conclude that, as to all print
ing required TO be done by the
county, and for which the fees are
fired by section II, article 2, chapter
%, general statutes 1868, the county
commissioners have exclusive power
TO designate the printer or printers
who shall do the work, and the paper
or papers in which advertisements
shall be printed, but they have no pow
er to change the fees fixed therefor !;
nor is there any law authorizing them
20 dispose of the county printing by
bids.
2. If there be any portion of county
printing required by the act of 1872,
or any other law, and for which the
fees are not fired, then they have eC-
ctuSiUe control as to the amount OF
compensation, and may fix such rates
as they may deem proper or can con-
tract for.
3. think the printer is entitled to
the fees fixed by law for any prrt of
the printing which he may contract to
do for the county Very respectfully.
WILLARD DAVIS,
Attorney General.