Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1881-07-21
nCaMMuNIcArEp.

the largest circulation Wnen Inc con-
tract can be effected at 500 or less.
All laws are mandatory, even when
they give discretionary powers.x Thus,
when the Code declares that every per-
son who shall be convicted Of perjury,
shall be sentenced TO the penitentiary
for not less than five nor more than ten
years, the Court has discretion from
five up TO ten years, but IT is manda-
tory upon them TO exercise such dis
erection, good and honest Judge al
ways exercisingitin such manneraspub-
lie justice may require.
presume from the above quotation
oil Pro bono publico, that he contends
that the entire control of the sum for
which the printing is to be done is with
the paper having the largest circulation.
The proprietor of such paper can go to
the Court, satisfy them that he has the
largest CIRCULATION. then demand the
contract forFsny sum he pleases, not ex-
cedding 500, or 10 ufc this writer's
own language, "at S700 or less" Why,
let me ask, does he use the words 'or
less I" II Pro bono publico's construc-
ton of the law is correct, then these
words cor less" are absurd. The Leg
islature would be made TO yay, eve
give the paper having the largest cir
cuation 500 for the printing, but if he
will do il for less, then the Commission
ers may close with him at that less
sum" What wonderful restriction
that would be upon the proprietor Of a
newspaper, especially one whose cxis-
tence seems TO be considered in jeopar-
DIV Bot the above words "or less
have a very important bearing on the
true construction Of the law. The pas
sage reads thus, III the Commissioners
shall fail to effect such contract Of the
sum of S700 or less sum as aforesaid,
etc. Is il reasonable, ask, that they
could effect a contract Tor less sum
than 500 unless they had the power
10 fix upon such less sum themselves
The word Contract used IN the law in
connection with the words "or less, "
shows from the nature of things aud
beyond question that the Commission
ers were granted the discretionary pow.
or Of fixing m the contract what that
less sum should be Tor which our print
| ING must be done. The Commission
! crs can fix the contract with any sum
no. exceeding 500. have never de.
MED that discretion covered the whole
ground from 81 to 500 But that dis.
| erection is not wild one--it must be-
| what the law calls Sound discretion.
But when a Court, with lheir oath OF
Office staring them in the face, sane
lions ;he paying $500 for that which
/ they have reason to know can be done
| Tor S275, il cannot surely claim TO have
exercised sound discretion. and people
may justly suspect that there - some
,l,sa1. % he bottom ~ such trana9c.
| Arguments OF Pro bono pdbIlco 10 de-
tense Of the course of the Commission.
ers would seem 10 justify suspicion
He says, Competition being the life Of
| trade, il j. to the interest Of the public
20 give such encouragement 10 a rival
papernot exceeding fair price for work
done as will enable IT 10 contlnucits cxis.
tencc. Better give the Republican $500
now, only just compensation, than by
the present saving ul $225 hereafter
have one paper enjoy the monopoly and
charge the county IN the future, as ia
the past, 800.
Thus he thinks il the duty Of The
Commissioners TO take part between the
newspapers a. the expense OF the coun.
| ty. They should give encouragement
TO rival paper by money from our
treasury TO enable it TO continue an ex-
istence. 1t is not improbable the ma
jorlty Of the Commissioners acted uuon
those grounds, but ranuol find these
duties laid down 10 any Law of Mary
land, nor can | infer them from their Of
fcials oalhs. II is right hard too for
the Court 10 decide which is the rival
paper when each Is The rival OF the 9TH
en- But is il not singular tina, the rival
paper which claims to have and as de-
clded by the Court has the largest cir
culalion, and 10 be presumed the largest
income, should be selected as the spe-
cial object OF the bounty of our Com
missioners, who think It wise 10 con-
tribute S22) as a pension for lis sup
port and continued existence? This
conduct upon such grounds must tend
to confirm the doubts which many per-
sons entertained as TO the honesty and
reality Of this Largest circulation" I'M
der NbIeh the Republican set up ITS
claim for the printing, and which was
so readily and promptly acquiesced in
by the Commissioners
But competition IS the life oflrade. ;"
says Pro bono publico, though be takes
care to inVert The rule and lis Ell
feet. If two steamers equal in every
other other respect, should offer 10 car
ny passengers, and him among them.
from Benedict 10 Baltimore, the one for
five hundred cents and the other for
two hundred and seventy-fve cents.
which would he or any sensible man
patronize? or course the laiter,-and
the County Commissioners would also
Why should they take less care OF the
money of the public than OF their own
Pro bono pubIico specuIates, with some
ridiculous gravity, that # the Commits
sioners did not give the Republican
1925 extra to keep il alive, the BEACON
would have a monopoly, and thus get
ST00 ~ 4ha Race, Lt