The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-04-07
FUTILE AFTER HIS MONEY
Attempts to Force the State TO Pay
Him $932.s5.

The futile company, printers, OF
Rutland has brought mandamus pro
ceedings to compel the state of Yer
mont to pay balance of $S32S5
which the Tuttle company claims is
due them for work done in 1906. The
Rutland Herald gives the following
history of the case:
Papers in mandamus proceedings
brought by the futile company of this
city, requesting the state auditor to
pay the balance of $832.S5 on the COM
pany's bill for state printing done in
1906, were served yesterday on State
Auditor Horace F. Graham at Mont
pelier. This bill, together with those
of the Burlington Free Press and the
st. Adams Messenger were held up
on the order of Attorney General
Clarke c. Fits until the question OF
whether an agreement as to prices to
be charged by the printing companies
in this state on state printing was in
restraint of trade, had been settled.
The matter was thrashed out at great
length at the last session OF the leg
islature and the Free Press and the
Messenger companies were paid
part of their bills, but as the futile
company refused to compromise, de-
handing the whole sum or nothing,
it received the latter. The matter
will be argued at the May term of the
Supreme court, Thomas w. Moloney
and Fred S. Plat of this city appear
ing for the Tuttle company.
Judge Rowell of the Supreme court
has ordered that this case be return
able the second Tuesday in May at 8
he. tar 81
the Supreme court to be held at that
time. and the defendant, Horace F.
Graham, state auditor, is given until
April 10 to answer the mandamus and
complaint.
"Egbert G. futile, president of the
futile company stated last night that
this would be done for the purpose of
getting the court to rule. on the ques-
ton as to whether the agreement be-
tween the printers was in restraint
of trade. In the event of ruling
favorable to the company Mr.. futile
stated that an order would undoubted-
ly be issued by the court, directing
the state auditor to pay the bill of his
company as originally presented and
that IL the ruling was unfavorable to
the company the matter would be Ia
ken to the legislature of 1910.
"Mr Tuttle stated that the work
was done under a contract signed by
Frederick G. Fleetwood, George w.
Wing and Horace F. Graham who con-
stituted the state printing commission
at that time. "All of our bills" said
Mr. futile, were approved by the
| three men with whom the contract
was made and also by the State Print
J ing Commissioner Langley He
claimed that his company was the
lowest bidder for the work and that
| the prices charged were exactly in
accordance with the terms of the con-
tract and were as low or lower than
prices charged for similar work any
where in New England
According to Mr. futile the prices
! charged is not the matter at issue
bur that the question as to restraint
of trade is the only one to be settled.
! The company received S552030 two
years ago on the bill of 1906, the re-
MEMBERSHIPS, being held up on
the order of the attorney general
AT the last session of the legisla-
ture, the original committee on claims
approved the bill by vote OF II to 3.
The bill was brought up in the house
several times for action and each time
was defeated The final joint com
mittee to which il was referred stood
to and therefore the bill is as far
from settlement as before Jhe legisla-
ture met.
Mr. futile holds that three of the
six companies which did the work for
/ the state in 1906 We're paid in full be-
| fore the attorney general issued his
order TO hold up part OF the claims
and that if the three remaining com
! panies are to forfeit a part of their
claims the same rule should apply TO
| all six,
MIR. futile made the following
/ statement in regard to the question OF
restraint of trade;
There are lO6 book and job printing
offices in the state of Vermont, any
one of which, as well as the printing
establishments outside of the state,
could bid on the specifications for
state printing issued by the state
printing commissioner. Only six pub
! fishers discussed the question of pri-
ces and these were made low in order
TO compete with Offices outside of the
state especially who had heretofore
bid on state work and on two previous
contracts for state printing to Albany
n. Y, and elsewhere. These six pub
fishers who entered into an agree
ment as to prices had no way of CON
trolling any others of the printing
houses or of knowing what their pri.
ces would be
"He further stated that his COM
pany was not associated with the
Free Press or Messenger companies
in the present action"