The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-05
THE PRINTING BOARD.
TmKY Decide THAT TINE STATE PnEN
TER 10 STATE OFFICER.

TMkH WBCnWB THAT TINE 1TAT& PENN
TEE 10 A STATE OFFICER.
Statement ny the state Printer-The
Governor Requested TO Appoint New
state Printer, According 70 the Rul.
Ing Of the Beard.
The board met at "a o'clock In the Governors
office. pursuant to adjournment
Present-Gov Nichols, Lieut.. Gov. Witt.
Senators Zacharie and Garland. Representatives
Lamare and Lombard. Absent-Ool. Bush.
On calling the meeting TO order Gov Nichols
said he did not wish the board to empower him
to name a successor to the present State
Printer. because he did not think himself
authorized to do SO.
Senator Zacharie held that the board must
conform itself to the strict letter OF the law; 1t
cannot act OF itself. because 1t Is quasi corpo-
ration It Is only the Legislature which has full
authority to exercise judicial or discretionary
powers; under the statute the board can do
nothing II have" continued Col. Zacharie.
looked over all the legal authorities on that
subject, and find nothing to warrant any action
have consulted with several lawyers. and
come to the conclusion that the State Printer is
State officer. His title shows 1.-THE takes the
oath prescribed b., article 100 q the eonstitu-
tween him and the other State officers is
that he is paid by contract. He IL required by
law befoie venturing TO exercise his duties. to
SENATOR GARLAND
He must furnish q bond satisfactory to the
Auditor he gives the bond reQuir By law. and
No. 10 Of 1873 as State ofiicer. Under The gen.
eral law. the Printing Board has the right to
enter Int IN ey 0E bids
son then pso laoto It Is as II 20 bond is furnish
Cow tie law says that State
ofiicsr must give bonds within thirty days alter
bis commission has been received-the State
| Printer Is not commissioned. does he fall then
Senator Zacharle-He does; his commission
dates from the day OF his election.
he expressed at the last meeting. Hs held that
the Governor was empowered TO take the mat
ter In hand. now that ne ONCE Of state Printer
moved that It is the sense Of the board. as mat
| ters stand. that It has no power to act, and
that a new State Printer be elected by the Gov
It was the opinion Of Mr.. Leonhard that q
vacancy had boon caused b. the non coDpli-
nishine satisfactory, bond. On that reasoning.
Il y necsesary to select smother state Printer.
Coy Ss assa ssS esdd bis ss
! and that the Governor should now carry out the
law by advertising for scaled proposals.
to FIX charges for the printing. Now the qnes-
| ton ia, whether the board can elect new State
me. from all that has been said. that the con.
clusion Is arrived at that the State Printer Is
State ,ofiiceg that by reason Of his failure 70
must appoint another state Printer.
DISCUSSION THEN ENsuKD
upon the relative positions OF the Fiscal Age Mt
tbss q tie SAFE Prlnser. and Was eonenaed
Governor had the right to appoint SUCCESSORS.
Gov. Nichols submitted senator Garland's
motion. which was carried-all voting yea ex-
eept the Governor and Representative Leon
The motion to adjourn sine. die being put
e tSa ne
then present. be allowed to mako q statement.
he having expressed desire to say few words
lands request, Mr.. Geo. W. Dupre. the state
Printer. spoke as follows:
Gentlemen OF the Printing Board:
That which have to cay applies solely to my
fnrmer contract nad hoped mat tns atifinsny
my contract last year. would have called upon
me at its first session, this year. In order 70
part OF said contract. Before proceeding.
say shf In Opinion the Printing
allow me to read the following extract from he
decision Of the Supreme Court In case No. s7sl.
s Of nf ioai.isna nser
venor and appelant-on appeal from the
Fourth District Court parish Of Orleans.
wherein the court says:
The act No. ~ fixes the maximum rate for
each and every class OF work for which 1t pro-
vides and re duires the Printing Board to con-
tract at a reasonable rate The Legislature
must have ascertained what the usual rates
were for the several classes OF work before II
would undertake to Ak the mailman. and 1t Is
but fair to presume that the Printing Board,
charged with an important public trust and
duty took care to be informed as to the current
rates for such work Ia order to ascertain what
would be a reasonable rate The contract In
question fixes the rates considerably lower than
the maximum fixed by the Legislature. The
Limitation of every contract 70 period not ex.
ceeding one year enables the Printing Board to
avail itself OF any diminuiion In the cost OF
materials or labor and to demand and obtain
such reduction on former rates as the condi.
ton Of things existing at the time OF making
each annual contract would justify and re-
Qutre."
From this I claim that the Printing Board
last year having. In 80 far as the ascertainment
of what were reasonable rates." exercised
their delegated powers In equity. are bound
to inquire into the manner In which the con-
tract has been carried out on the part OF the
| s. ate, which they represent. Now. the condi-
lions OF my former contract. as to the rate oil
my compensation. / have always understood to
b. based on the report Of toe committee ap.
two of its own members. which report was
unanimously received and adopted By the
board. and is as follows: ,..,,,x------
P. S.-Has clerk on the landing during til
| dav. at the head OF Cont street to r0C0iy