Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-02-24

I addition to his figures, state the truth like
man aud inform the council in his repor
that prices are now Is per ceat lower thai
they we're two years ago, when the code va
printed +? The only reason We can think o
is that he has a eneaking way Of perform
ing all his acts and could not depart from i
in this instance.
The course pursued BY MI. Pettigrew ant
his frequent public denunciation Of tn
officials and others upon whom he designet
to vent his prejudices through the opportu
mites Of q legislative position, attracted tn,
attention ofseveral members of the house O
representatives. They concluded that III,
matter needed u more impartial in
~vestigation than it was receiving
and with a view to examining In
to both sides Of the question a house com.
mittee wa appointed to examine INTO the
books and papers Of the auditor with pow
er to send for persons and papers. The re.
port of that committee we give herewith.
1t liz based upon IL careful investigation OF
the subject and an examination, under oath,
| of the auditor, the secretary and the public
printers.
HOUSE COMMITTEES REPORT.
Nix. SpEAKER:-Your special committee
appointed to examine the books and nc.
counts Of the auditor of the territory and
expenditures on account Of territorial print
ing, have pesformed their duty and, after
examining the witnesses and taking their
testimony under oath, and having also ex-
amined the books, vouchers and accounts of
the auditor, beg leave 10 submit the follow
ing report:
The first item Of expenditure examined
by your committee was for the publication
Of the revived codes of Dakota passed BY
the legislative assembly of 1877. This
work was performed under a law approved
February 18th, 1877, aud which reads as
follows:
Be Il Enacted by the Legislature Assembly
Of the Territory Of Dakota, There is hereby
appropriated from any funds in the terrific
rial treasury not otherwlae appropriated,
the sum Of five thousand dollars, the same
to be paid in territorial warrants at their
par value, for the purpose Of printing, in
dexing and binding, one thousand copies Of
the laws of the territory oil Dakota passed
at the twelfth session Of the legislative as
sembly, and the printing of said laws shall
be under the cole and exclusive manage
ment and control Of the secretary Of said
territory, and any and all moneys which
may be appropriated by congress for the
purpose of printing said laws, shall be used
for the purpose of rei,nbursing the territory,
and ahall be paid into the territorial treas
ury for such purposes and no other.
Sec. .. There shall only be published
the general laws and public acts OF the ter
ritory, passed at said twelfth session of the
legislative as emily, after the same shall
have been approved by the governor.
1t will be observed from the language of
this law that the legislative assembly had
in view the refunding Of this money BY the
general government. 1t had been before the
invariable custom Of the government to pay
COR the printing Of the laws of Dakot. bu,
the legislative assembly Of 1877 having in.
formation Of the fact that the government,
appropriation had been exhausted, and tina,
body having enac ed an entire new code oI
laws and repealed all former ones, it became
an absolute necessity that means should be
provided to publish the new code. Under
these circumstances the law WAS passed and
the secretary Of the territory proceeded with
the printing. The law above quoted gave
no instructions as to the manner in which
the secretary was to perform this duty, from
which fact your committee infer that
the legislature of 1877 intended that
the secretary should be governed bv
the rules received from the general
government. The law says briefly that the
printing shall be under his sole and exclu-
slve management and control, and it was
therefore very material and very proper
that in the performance of his duty the sec.
retary should adopt the rules and regula.
tons laid down by the national govern
mint for his guidance. This be did in
every particular. These rules prescribe the
size of the type to. be used in printing the
laws. to.wit: Small plea type, the price 10
be paid per thousand ems for setting the
type the price per token for press work
and, In short. for each particular kind Of
work connected with making a complete
printed and bound book.
The secretary faithfully observed these
instructions in procuring the printing Of
the revised codes.
He employed the same printers who had
done the incidental printing for the legis
lative assembly that enacted the law.
He was not authorized 10 advertise for
the lowest bid and to require bonds for the
faithful performance of the work, as should
have been the case had he let it to outside
parties. He was not authorized to trans
cribe the whole volume oflaws which would
have been required had he sent the printing
abrohd. and which. of itself, would have
exhausted one-slxth ut least, of the whole
appropriation.
He had 10 authority TO do anything out
side of the rules and regulations which ere
given him from Washington, and under
these he procured the printing of the re-
vised codes-allowing the same prices as
those prescribed at that time BY the gov.
erpment.
Adopting the belief that this five ,hous.
ADD dollars was appropriated by Dakota ss
a loan to the general government with the
expectation that it would be returned to the
territory, We find that the secretary Of the
territory has pursued the only safe and
rnnekatQnf n1on ooanFS - Ii 80 A.