The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-05-15

1919, all printing except duN tI liSiiiS(
executed at the expense of the State
shall be done under his superintendent,
in an office hereinafter provided for.
Section 5 of that Act enumerated the
duties of the Superintendent of State
Printing and provides, among other
things, that He shall have the entire
charge and superintendent of the State
Printing"
On April 3, 1876, this Act was repealed,
and it's provisions were, by amendment,
substantially Incorporated into the Po-
litical and Penal Codes. (Sections 526
to 55S, Political Code, and Sections ~
and 100, Penal Code-Amendments to
the Codes, 1876, PIP. 16-22)
In Session 531 of the Political Code,
as amended in 1876, it was provided that
the Superintendent of State Printing
shall have the entire charge and super
intendence of State Printing" and by
Section 53S of that Code, as amended at
the same time, it was provided that all
State printing shall be done in the State
Printing Office" Though both of these
sections have been since amended,
neither of the provisions quoted have
been changed; and they are the law of
the State to-day.
Ever since the establishment of the
State Printing Ofice-that is, since De-
cember l, 1875 Statutes 1917, bob
appropriations have been regularly
made at each session of the Legislature
For support of State Printing Office,
including the pay of employees" etc.
(Statutes 1876, $50: 1878. 1907; 1880,
40; 1881, 11S; 1888. 10; 1885, SO; 1887,
90: 1889. 442; 1891, sol; 1893, 529, and
1895, 2S4.)
It was the intention of the last Legis-
lature to follow this universal custom;
and one of the appropriations vetoed by
the Governor was, as we have seen, for
support of State Printing Office, includ-
ing pay of employees. etc" (Chapter
CCXLII, Laws of 1897, p. 81
The appropriations for the other de-
partments of the State Government are,
with one exception, for specific purposes,
such as travelling expenses, rent, pay of
porter, salaries, etc. The single excep-
ton is the appropriation made for ALL or
nearly all, of such departments, for
postage, expressage, telegraphing and
contingent expenses" 1 assume that it
is to this appropriation that the Gov
ernor has reference.
1 am of the opinion, from a thorough
consideration of all of these provisions,
that the State Printing Office is sep
arate and independent department of the
State Government, for the support of
which an appropriation must be secific-
ally made; that the contingent ex-
nd n a
partments referred to in the appropria-
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 spe-
cial department has been created and
must be specifically supplied with funds
for it's support; and that, therefore, no
part of the appropriations made for the
support of each department of the
tSate" can be used to pay for printing
done at the State Printing Office.
Second-Can any portion of their APP
propriations 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?
This question is answered. in tn
negative by the express provisions of
Sections 531 and 53S of the Political
Code. the former of which, as we have
seen. provides that the Superintendent
of State Printing shall have the entire
charge and superintendent of the
State printing and the latter, that
All State printing shall be done in
the State Printing Office
Third-Can a deficiency be created
for the support of the State Printing
Office?
There are only two provisions of our
law under which deficiencies can be
created for the forty ninth and fiftieth
fiscal years. One is contained in Sec
ton ) Of the general appropriation bill
of 1891, and relates solely to The
officers of the various departments,
boards, commissions and institutions,
for whose benefit and support appro-
priatiOns are made" in that Act.
(Chapter CCXLII., Laws of 1897, IA. }
As. by reason of the Governors vetoes,
no appropriations of any kind are made
in that Act for the State Printing Of
flee, it necessarily follows that no de-
ficiency for the support of that office
the said section The other is the Act
of 1893, referred to in the above quota
ton from the Governors veto of the
State printing appropriations. That
Act is as follows:
mo officer or employee in the service
Of the State shall have power to create
any deficiency in excess of any appro-
priation of money made by law. except
in case of actual necessity, and only
then upon the written authority. first
obtained, of the Governor, Secretary of
State and Attorney General: and any
Indebtedness attempted to be created
against the State in violation of the
provisions Of this Act shall be abso-
lutely null and void, and shall not be
allowed by the State Board of Examin-
ers."
This Act relates in terms to amy de-
ficiency in excess of any appropriation
of money made by law. In other words
it presumes a previously made appro-
priation of money upon which to base
deficiency, and in the absence of any
such appropriation it incontrovertibly
follows that no deficiency can be Great
ed under that Act.
Therefore. as, owing to the action
Of the Governor. there is no appropria-
ton whatever for the support of the
State Printing Office for the two ensu-
ing fiscal years, no deficiency for the
support of that office can be created
OF course. as the appropriations for
the other State offices cannot be used
for procuring printing for those Of
fees to be done either at the State
Printing Office or elsewhere. no def
ciencies can be based upon those appro-
priations which can be utilized for the
procurement of State printing. Re-