New-York tribune., 1910-02-03
BARNESPAPER SUES
M4NDAMUS SOUGHT.
Koemg Says Printing Blu Hos
Been Paid Once.
IBx Telegraph TO The Tribune J

Albany. Feb. 2.-App1cation has oeen
made by "The Albany Evening JourhAi'
of which William Barnes, jr, Is editor di'
nrincipaI stockholder, for mandamus u u
compel the stats of New York 10 pay
printing bill. The Secretary OF state 70.
fuses 10 pay this bill on the srouno 'ii'
,he Barnes paper is seeking TO be pare t"fce
for printing what il did only once
ready THE Journal has been paid oy Al
banr County for a portion OF TINS Pf'n.
ing. payment for which also has seen mage
By the state ..
This riandamus application was haane 70
Justice Chester in May. 1893. after Sscfo-
tary Koenig had held up The journal
expected check. A decision Is lookeo iof
soon. -
according 70 a memorandum In the case
6je5 h, Edward II. Letchworth Second Dep
NV Attorney General, The Albany Evening
Journal was designated the state paper IN
1ees. under paragraph IS of the executive
Iar TO publish all the session laws OF l9o1'
general and special. In December OF 1850
"The Journal Vas designated by tho
Board of Supervisors of Albany County as
the efsicial paper to publish the general
laws of 1907 in Albany County. This ces-
iSnation thus required THE Journal to
print as the county paper, large part OF
the same matter which il already was re-
auired to print as the state paper Inc
state pays for printing the general laws IN
the county papers.
BILL FOR ABOUT *5,no.
Mr.. BsFnes's paper printed all the laws OF
the session OF 1857 once, but rendered bills
to the state under each desisnation- Inc
bill for printing all the laws as the state
ing the general laws IS the official paper In
Albany County was s1,W7 20. Having print
ed this matter only once. it was seeking.
according TO the view of the state officers.
TO bs paid twice. under separate heads, for
this same work
The Secretary of State first certified each
Of these bills, later discovering that they
covered the same work. AS only one print
ing of the general laws had been made, he
withdrew his certifcation OF the bill for
printing the general laws under designation
as the official paper In Albany County. At
that time $50 had been paid on this bill, so
that sum was deducted from the bill rem
dored for printing all the laws as a state
paper.
In asking for a Tnandan1us compelling
pa5 ment of this bill for printing the laws
under designation as the county paper.
The Journal" made no claim that the
work for which the bill was rendered had
not been paid for when the state paid the
bill rendered for printing all the laws as a
state paper. Therefore, the question at law
became whether the paper was entitled to
be paid twice, being designated as a state
and county pa per. for printing done only
once.
This situation could arise only IN Albany
County, where the state paper must be
printed It was found that there was
nothing In the statutes with direct bear
ing On it. Mr.. LetchWorth therefore based
his arguments on the contract law, main
tanning that under this the Barnes paper
was not entitled TO be paid twice. He ar
gued that having contracted, as state
paper, to print all the laws, as a county
paper, under contract TO print the general
laws of the state in Albany County. it was
doing only what it was required to do by
its contracts as state paper. He con-
tended that it was a settled principle Of
law that promise TO do or the actual
doing of an act which a person already is
under contractusl obligation to do fur
nishe5 no consideration for a contract
Also Mr.. Letchworth made the point that
the applica ton for rnandamas should be de-
MED as a matter OF public policy. He held
that it. was clear that the state should not
be required to pay twice for work done
only once.
The Albany County Board of Supervisors
already has paid some SD for the pubIica-
tion in Albany County of the special laws
affecting the county-alse required to be
printed in The Journal as the state
paper and paid for by the state in the big
general bill.