The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-05-15
ARE EFFECTUALLY SPIKED.
The State Printing Office Presses Cannot
Move.
An Important Opinion Rendered by
Attorney General w. F.
Fitzgerald.

The following correspondence be-
tween State Controller Colgan and At
torney- General Fitzgerald, relative TO
the effect on the State Printing Depart
ment of Governor Budd's veto of the
appropriation for its support, will be
found of interest-of melancholy inter-
est at that:
CONTROLLER COLGAN'S LETTER.
Sacramento, April p, 1897.
Hon. W. F. Fitzgerald Attorney Cen
eral, San Francisco-Dear Sir: In the
General Appropriation Act of 1891
(Chapter CCXLII., laws of 1890 are
included the items: For salary of Su-
perintendent of State Printing, S6,OOO'
for support of State Printing Office,
etc, S21500O" These items were OBJ
jected to and not approved by the Gov
ernor, and his reasons therefore are
fully set forth in his message accom-
panying the approval of the bill.
In reciting his objections to the first
item above mentioned occurs the fol-
lowing: mo harm can be done by this
elimination, for each department of the
State can, in case of necessity, out of
its appropriation, pay for such printing
Office or elsewhere; and, if they did
not have such power there is no doubt
that under the Act of 1898 (Stats. 1898
page 800 a deficiency could be created
in their contingent or other fund, OF
for the support of the State Printing
Office, that would authorize all of the
State printing necessary"
The Superintendent of State Printing
is a statutory, officer, elected by the
people of the State, and gives bond for
the faithful performance of his duties
which are prescribed by the Political
Code Sections 526 to 53S, both inclusive
Section 531 QS9D provides that he shall
have the entire charge and superin-
tendence of State printing. Section 33e
provides that all State printing shall
be done in the State Printing Office.
In the face of these plain provisions OF
the law, can any State printing be le-
gally done elsewhere than in the State
Printing Office and under the supervis-
inc of the Superintendent of State
Printing, and can any portion of the
contingent funds or contingent appro-
priations of any State institution, com
mission or officer be legally used in
payment Of any State printing done
elsewhere than in the State Printing
Office?
AS these questions are of vital i'm
portance in view of the veto by the
Governor of the appropriation for the
support of the State Printing
Office for the ensuing two
fiscal years, and as I wish to be
secure in whatever stand l may take
in the matter of drawing warrants in
payment of claims of this nature that
may be presented to me. will you kindly
give them your consideration and ad-
wise me of your conclusions? Very re-
spectfully,
E. P. COLGAN, Controller.
ATTORNEY GENERALS REPLY.
San Francisco, May Is, 1897.
Hon E. P Colgan, State Controller,
Sacramento-Dear Sir: / am in receipt
of your favor of recent date relative
to the veto by the Governor of the
appropriations made in the general ap-
preparation bill for the salary of the
Superintendent Of State Printing, the
support of the State Printing Office,
and for the school textbook depart
ment of the State Printing Office, and
requesting my opinion thereon, and par
1iCularlN TN view OF certain statements
made in the Governors reasons for
these vetoes). (a) as to whether or not
State printing can be legally done else
where than in the State Printing Of
flee and under the supervision of the
Superintendent of State Printing, and
OBJ as to whether or not any portion of
the contingent funds or contingent APP
preparations of any State, institution
commission or office can "be legally
used in payment of any State printing
done elsewhere than in the State Print
ing Office"
That portion of the Governors rea-
sons to which you directed my atten-
ton occurs in his objections TO the first
item mentioned, viz, the appropriation
for the salary of the superintendent OF
State Printing, but is made to apply
by reference. to each of the State Print
ing items objected to- and is as fol-
lows:
No harm can be done by this elm
ination, for each department of the
State can, in case of a necessity, out
Of its appropriation pay for such print
ing as it has done at the State Print
ing Office or elsewhere: and, if they did
not have such power, there is no doubt
that under the Act of 1898 (Statutes