Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-06-23
Public Printer Cited in Suit by
Paper Valley Company.
ILLEGAL AWARD CHARGED
Joint Committee of Congress on
Printing Attacked.
WASN'T PROPERLY APPOINTED
Litigants Would Restrain Donnel1y
From Purchase of Paper or
Other Contracts.

The Valley Paper Company of Holyoke.
Mass, which recently failed in an attempt
to mandamus the joint committee on
printing of Congress to compel considera-
ton of its bid to furnish paper for gov
eminent printing for the year ending Feb
ruary IS. 1911. today applied to the Dis
trict Supreme Court for an injunction
against Samuel B. Donnelly. public print
er, to restrain him from issuing any Or
ders for paper under the contracts award
ed by the joint printing committee.
Justice Anderson, to whom the applica-
ton was made. issued a rule on Public
Printer Donnelly to show cause July 1
why the petitioners prayer should not be
granted.
Illegality of Congress Committee.
The basis Of the prayer for injunction
II the allegation that Senators Reed
Smoot, Jonathan Bourne. jr., Duncan L.
Fletcher and Representatives George g.
Sturgis. Allen F. Cooper and David e.
Finley were never appointed as joint
committee of Congress on printing. and
the charge Is made that there exists no
such committee. When the six persons
mentioned attempted to reject the bid
of the Valley Paper Company and accept
other bids for furnishing paper they act
ed il is claimed, without color of right
Under the act of March >, 1888. 1t is
provided that when no joint committee
has been appointed the committee on
printing either of the Senate or the
House then in existence shall act. AS
no such joint committee was in existence
January 81 last. when the bids were
opened, the companys attorney, Fred Z.
Rhodes, complains that the bids should
have been considered by the committee
on printing of the Senate. consisting of
afx nd he SIy,oil TAG
Of the House, comprising three members.
1t is alleged that Senator Smoot, with
out authority or appointment TO act as
chairman of the body which opened and
rejected the bid of the Valley Paper Com
pany, refused TO permit three members of
the Senate committee on printing TO SIT
with the body considering the bid and
to vote on its acceptance or rejection.
although Senator Elkins. one of the three
such members, requested permission TO
do SO.
Paper Bought on Contract.
Notwithstanding the alleged illegal ac-
ton Of an alleged improperly constituted
body, the company tells the court, the
public printer has persisted in purchaS-
ing paper from the firms approved by the
supposed joint committee on printing, to
the injury and prejudice of the rights of
the Valley Paper Company, and further
purchases are sought to be prevented
The discovery of the alleged failure to
name a joint committee on printing has
resulted In the dismissal of the appeal
noted by the Valley Pipe Company from
the decision of Justice Wright denying
the company's request for mandamus IT
was in this case that the Senate ignored
the courts process requiring the senators
on the joint committee to show cause why
the writ of mandamus should not issue
Justice Wright rebuked the Senate in 4
ruling holding the senator's amenable to
process when attempting to do an admin
istrative act. A decision from the appel
late court on that question was anxiously
looked for by the local bar
The House members of the joint COM
mittee came into court and won out on
the merits of the controversy, Justice
Wright holding that the bid submitted
had not complied with the law. The mat
ter of compensation of the counsel for the
House members has recently been consid-
cred by Congress