The San Francisco call., 1897-05-15
Practical Effect of an
Opinion Rendered by
Fitzgerald.
Funds of Other Departments
May Not Be Expended for
Printing.
Defeat Of the Schema to Further
Which Budd Vetoed the APP
proprlation.

rendered an opinion Wnlcn WOuiu seelu-
ingly settle all doubts regarding the State
Prin ting Office in connection with the
State printing. 1t means that no State
Office shall hereafter pay for its printing
out of the appropriation for such office, as
Governor Budd wishes to be done, and
that the State Printing Office. being with
out funds and unable to create def Gle ncy,
must be closed. 1t means also that the
State officers must do their printing on
type writer's or resort to the time-honored
goosequill.
In his opinion, Fitzgerald says no print
ing can be done for the State outside OF
the State Printing Office at Sacramento,
nor can this printing be done under any
other superintendency than that OF State
Printer Johnston: and, further, no con-
tingent appropriation and no fund in any
State department can be used to pay ior
the printing of that department done in
the Stale Printing Office or elsewhere. In
consequence, Coigan can but refuse to
draw a warrant for the printing OF any
office done elsewhere than at the State
Printing Office.
This ruling of the Attorn ey-General is
directly in opposition to the Governors
view of the matter. He has stated that
in his opinion the contingent funds OF tn e
various Offices could be used for printing
purposes. The result is that as the State
Printing Office must close for lack OF
funds, the State Board OF Examiners haV-
ing declared that no deficiency will be
allowed to be created, in the future all
the State officers will be compelled to do
their own printing on typewrlters, which.
without doubt, will result in clogglng the
wor kings of every department. OF the
State.
In his letter to the Attorney General,
Controller Colgan said:
In the general appropriation act Of 1897
(cnapter CCXLLI, laws 1897 are included the
Printing, $4,000; for support OF State Printing
Office etc, $275, ,OO0." These items were OBJ
iected to and not approved by the Governor,
and his reasons therefor are fully set forth In
his message accompanying the approval OF the
bill. In reciting his objections TO the first
item above mentioned occurs the following:
mo harm can be done by this elimination,
for each department OF the State can, In case
of necessity. out OF its appropria ton, pay for
such printing as it has done at the State Print
ing Office or elsewhere; and, II they did not
have such power, there is no doubt that under
the act Of 1898 (Statutes 1898, page 283) de-
ficiency could be created in their contingent
or other fund, or for the support of the State
Printing Office, that would authorize all OF the
State pr intlng necessary"
The superintendent of State Printing is a
statutory officer, elected by the people OF the
State, and gives bond for the faithful perfor N
ance of his duties, which are prescribed by the
Political Code, sections 526 to 53S inclusive
Section 53l Q89D provides that he shall have
the enure charge and superintendence OF
State printing. Section 53S provides that ali
State printing shall be done in the State Print
ing Office.
In the face of these plain provisions of the
law can any State printing be legally done
a1c hnra ha la ia
and under the supervision OF the Superiutend-
ent OF State Printing? and can any portion of
the contingent funds or contingent appropri-
ations OF any State institution, commission or
officer be legally used in payment OF any State
printing done elsewhere than in the State
Printing ONCE?
In his reply Attorney g eneral Fitzger-
aid, after calling attention to the acts
creating and regulating the State Print
ing Office, says:
am OF the opinion, from thorough con-
sideration of all of these proyIs ions that the
Stute Printing Office is a separate ana inde-
pendent department of the State government
Ior the support of which an appropriation
must be specifically made; that the con
tingent expenses of the other State offices
and departments referred to III the approp ria
tions made for that purpose include only the
ordinary running expenses OF those offices
and departments, and not State printing, for
the doing OF which special department has
been created and must be specifically supplied
with funds for It's support, and that, there
fore, no part of the appropriations made for
the support OF leach depar tment of the State"
can be used to pay for printing done at the
State Printing Office.
As to the second question to be de-
cided viz: Can any portion of their ap-
prcpriations be used by State officers,
boards, commissions or other depart
ments for the purpose OF having their
necessary printing done elsewhere than
in the State Printing Office? the Attorney
General replies:
the express PROVISIONS OF sections 531 and 53S
oil the Political Cooe, the former OF which, as
we have seen, provides that the Superin-
tendent OF State Printing "shall have the
entire charge and superintendence of the
State printing" and the latter that "all State
printing shall be done in the State Printing
Office"
In conclusion he replies in the negative
to the question, Can deficiency be cre-
ated for the support of the State Printing
Office?
Governor Budd, in commenting on this
opinion, said this evening:
81 accept the opinion OF the Attorney
General and am willing to see the State
business carried on on that bnsis, without
Carrying the matter into court, as State
officers frequently do. Under this opin-
ion, which | have been expecting and am
pIcpdTeO W aCCcpt, VIC Ctdte Vi CdllIOTutd,
in the matter OF printing alone, will save
upward of $3.50, 600. The work heretofore
done by the State Trinter-sCch as blanks,
reports. circulars, headings of books and
the like-can be got out by the mimeo-
graph, the typewriter, the multiplex cop
Ter, or in the good old-fashioned way,
with pen and ink. This may inconveni-
enee some of the clerical force EN- ploy ed
by the State, by requiring them to Dor a
few hours more per week; the farmers,
merchants, property-owners and the tax
payers, of the State will be able to grin
and bear it, in view of the saving of a
quarter of million of their good dollars,
What can be done in this line was
shown by the last report from San Quen,
tin, which was made by the multlplex
COPPER. 1t may be that some OF the print
ing establishments of the State will dee m
it proper to get up and carry in stock such
forms as are readily salable and fire.
Quently used and dispose of them to the
officers of the State as stationery or blanks
Such purchases can no more be objected
to than the purchase by the Attorney
General or the State Librarian of books
and other printed matter gotten out by
private establishments. The State service
will in nowise be i'm paired, and the incon-
venience and extra work required of State
employees will be amply com pensated for
by the enormous saving which will result
to the people.
III the very expensive reports of State
officers heretofore published should be
deemed necessary the next Legislature
may make provision for them.n