The labor journal. [volume] (Everett, Wash.) 1909-1976, 1911-11-03

controller that in the purchase of al
printed matter used in the various de
partments that he shall insist at al
times that such printed matter shall
bear the Allied Printing Trades label.
J. S. PHILLIPS.
Passed August 81, 1908.
Approved September |, 1908.
NEWTON JONES,
Mayor.
Mr.. Sherwood's Legal Opinion on Above.
Copy
Everett, Wash, Feb. 10, 1910.
Hon. Roland H. Hartley, Mayor, City.
Dear Sir-Your favor of the 9TH inst,
asking for a written opinion concerning
the validity of resolution No. 375 passed
by the city council on August 81, 1908,
and approved September l. 1908, re-
ceived
Replying to said inquiry, | beg to state
that in my opinion, said resolution is
void, on the ground that the same is
unconstitutional. The courts also re
gard a resolution or ordinance requiring
the union label on goods purchased by
the city as being against public policy
on the ground that such a regulation
restricts competition, and thus tends to
keep up the prices on goods purchased
by the city.
Trusting this will fully answer your
inquiry | remain
Sincerely yours,
BENZ. w. SHERWOOD
City Attorney.
In letter to the Herald, October %,
Mr.. Sherwood affirms that he simply
gave legal opinion on the resolution
upon request of the mayor and asked
Mr.. Davis, his opponent, if he did not
correctly state the law This drew forth
the following reply from Mr.. Davis,
which appeared in the Herald;
The Davis Letter.
Mr.. Benz. W. Sherwood,
City Attorney.
In an open letter published in the
Everett Daily Herald of last Saturday,
you ask me if your opinion, rendered to
the mayor, regarding a certain resolu-
ton passed by the city council does not
correctly state the law on the subject
In reply | will say that your opinion
does not correctly state the law.
In the first place you misstate the
purport of the resolution when in your
letter you state that it is resolution
requiring the union label on all city
printing" The resolution does not re-
quire the union label on all city print
ing; the language of the resolution as
passed by the council is as follows:
That we deem it advisable and do here
by instruct the city controller that in
the purchase of all printed matter used
in the various departments that he shall
insist at all times that such printed
matter shall bear the Allied Printing
Trades label" You will observe that
the council does not attempt to say
that it shall be unlawful for the CON
troller to purchase other than union
made goods, or to say that the city shall
not use or pay for other than union made
goods, but simply declares that they
deem it advisable to use union made
goods and directs the controller to insist
upon the label, and in this they were
clearly within the law. The city had
been using stationery with the union
label on it until you stopped the prae-
tice with this opinion. Do you say that
the city was acting unlawfully when it
so purchased and used union made
goods
| deem this to be the law in the pur-
chase of supplies for the city wide dis
cretion is vested in the city council or
in the purchasing agent as to the kin1,
quality and nature of the article that
shall be purchased for any given pur-
pose; in the exercise of this power the
city council can adopt any policy within
the bounds of discretion. For instance,
the council has the power TO adopt the
policy of purchasing Everett made goods
for public use; of course it viii be ad-
mitted that if there was any graft in
the proposition, or if the council should
undertake to pay an excessive price for
an Everett made article, it would be il
legal, but as long as the transaction is
not tainted with fraud the city has just
as much right to favor Everett made
goods as any citizen.
So, in the instance under discussion,
there is no law to prevent the city from
purchasing and using printed supplies
with the union label on them, and there
is no law TO prevent the city council
from adopting the policy of using union
goods so long as they do not abuse their
discretion. | know that the enemies of
union labor have advanced many spec
ious and technical reasons why the adop-
tion of the policy of using union made
goods by municipalities is illegal, and
YOU can bolster your opinion by quoting