The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-02

ton was Immediately passed DH Tue h'uS'
and then by the senate. 1t was 1uiiE eA,
plained in the house what the resolutlOh
meant. and that it was a saving TO the
State while the work done was also much
better than in the past years. 1t was
then thought the matter was settled, out
if was found the work of adjustment was
inst begun. 1t will be remembered tnal
Governor Culberson at the last moment
sent in a veto of the resolution. lhat
veto was as follows, and we invite your
careful reading of it:
MESSAGE FROM THE GOVERNOR.
To the House of Representatives:
House concurrent resolution No. IL is
herewith returned without approval
The facts necessary to proper under
standing of the resolution and TINS COM
municatiOn are, that as provided by ar
ticle 1894 of the Revised Statutes the
printing board entered into CONTRACT
with the public printers to print the Dail!
Record of the legislature and the Legs
Iative Journal in BREWER type at cost
of A cents per thousand ems. This con
tract has been violated by the pubic
printers. The work is done by machine,
which greatly reduces the cost to the
printers. and the type is therefore minloD
and not BREWER, as required by the con-
tract.
The resolution provides that the legis,,
lature accepts the Record and journal
in the style and type now being used, ana
authorizes the printing board to accept
and nav for them. provided the total cost
shall not exceed the cost in BREWER meas
urement. If it be conceded that statute
should or may be repealed or disregarded
by n concurrent resolution, direct and ma
terial loss TO the State will follow the
adoption of this resolution. if observed by
the printing board, and that too, When
| the contract has been violated by the
printers. As has been stated, the con-
| tract is for BREWER type at II cents per
| thousand ems. With BREWER measure
ment authorized by the resolution, though
the type be minion, there will be saw
| ing TO the State of about 20 per cent OF
| the price that would have been paid had
| the contract been complied with. But
| the rule of law is that where contract
has been departed from, compensation, II
paid at all, is measured by the reasonable
value of the work done, regardless of the
contract According to the estimate OF
the expert printer engaged by the state
the value of the work as done by machine
is % cents per thousand ems as against
A cents if done under the contract, re-
duction of 10 cents per thousand ems:
dh nin T ~ ,ar cont and consequently the
t,uo ouo aJ oeS +o +be State If the resolution
hooa,sos 1 offoctiyn wouId he % per cent.
C. A. CULBERSON.
If you have read TINS veto careluli! you
nave oDserVeu Inls sehtInCI i, ,,aV, he
conceded that statute siloulu VI niag ~
repealed or disregarded by concurrent
resolution, direct and material loss to the
Stota will follow the abortion of this resO-
luton, If observed by the printing p2al ai,
and that too when the contract Has p lI
violated by the printers Inc cilalSe tnn mn
'direct and material loss to the State WIN
follow, etc" was chaiieLSeu pelole w t;,,
ernOr CulbersOn anu before tne PIln y: ls
hoard as absolutely untrue, anu !! - ~
now challenged as untrue; unless, lhueeu
Governor CulbersOn meant IN that sluie,
ment that the State would not unueI Tue h',
resolution profit legitlmately us nluch ~
the cheaper and better work we we ere S Stnto
for the State as it could pront II tne ST. a.
would use it's power ana eAt9rt iiO ti,.b
contractor blood money, as II mas uilpiu'N
ingly done. as will be shown later On.
Rnt TO the further merits OF the Velo
In spite of the fact that the governor u
had lust said the resolution Woulu ps e q
"direct and material loss to the STAT o l.,
YOU will read him little lower 9own you
will note he says: with brewer nieus
urement, authorized by the resolu[ no
though the type be minlon, there VIII pe
saving to the State of about ~ per Gen 1
of the price that would have peeh pau I nau
the contract been complied win. how
the governor or any other sane man can
reconcile this statement with the preViou
one of loss to the State, we tall TO see
Can you understand It! Now, marx the
exact condition of affairs: The legisla
ture had said by a practically unanimous
vote: 1--WE are more than satshed WIN
the work done; it is the best we nave nau
for many years, and although there mas
been technical departure from the law
vet we place ourselves on record as WISH
ing the work accepted and to be honestly
paid for" This was the English OF thelr
action. 1t seems an arbitrary, constfuc
ton of the law has converted their lhteh
tons into Il rank injustice. And does not
this statement from the governor give
proof of the charge made above, tnat the
intention was not to accept LEGITIMATE
profit on the work as better done, Dut 10
twist the technicality into wringing mon
ey from the contractor! The goVerno,
then, on the question OF value or Wor
done by us, proceeds to throw world
light on the matter by quoting the opnlOl
of the "eXpert printer engaged by the
State" That gentleman, the. governor
said, gave it as his estimate" that the
value of machine work was 70 cents per
thousand ems. But unfortunately for the