Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-08-08

a
da,s AGO Governor Plaisted has sub
rnitted to the supreme judicial court
the inquiry as to whether the State
NAV legally enter into a contract with
the Waterville Sentinel Publishing Co.
Of which Secretary of State Davis is
the principal owner. for the furnishing
OF certain state printing including
that of the official ballots. The state
ment and inquiry submitted b. the
Governor are as follows.
STATE OF MAINE.
Executive Department,
Augusta. Me, Aug. 5. 1911.
To the Honorable Justices of the
Supreme Judicial Court:
Under and by virtue of the au-
thority conferred upon the governor
by the constitution of Maine. Article
VI. Section and being advised and
believing. that the questions of law
are important, and that it is upon g
solemn occasion. /, Frederick w.
Plaisted. the Governor, respectfully
submit the following statement of
facts. and question and ask the opn-
ion Of the justices of the supreme
judicial court thereon.
STATEMENT
Section of Chapter f55 of the
Public Laws of 1905. reads as fol-
lows:
The Governor and Council are
hereby authorized to contract in be-
half of the state. on the basis of com
petitire bids. for the printing of the
reports. catalogues, compila tons. bull
letins and circulars authorized to he
printed under Sections a, % and
IS Of Chapter , of the Revised
Statutes, and for all other miscel-
ianeous printing. new or hereafter au-
therized by law for each department
OF the state government including the
legislative printing. but excepting the
printing Of reports of decisions They
may, in their discretion. call for bids,
and contract separately for distinct
portions Of the State printing but may
reject any and all bids which they
do not deem it in the interest of the
State to accept. and may take such
security as they deem necessary. If
any. for the faithful performance of
ans contract hereunder No such
contract shall be for longer time
than two Years"
Under the authority of this act the
Governor ard Council have awarded a
contract for doing certain printing for
the State to the Waterville Sentinel
Publishing Co. corporation or
ganized under the laws of Maine.
This work was awarded to the above
named corporation after competitive
bids had been submitted. it being
the lowest bidder
Hon. CYRUS w. Davis. the present
secretary of state is a stockholder IN
and treasurer of the above named cor
poration. The secretary of State had
nothing to do with the awarding of
the contract. The prices for the
work done under it are fixed in de-
tail in said contract and il is entirely
out of the control of the secretary of
State 70 alter the same in any way.
All bills presented by said corporation
against the State on account of said
contract must be audited by the state
auditor and approved by the Governor
and Council before being paid. The
secretary of State has nothing what
ever to do with the auditing of said
bills or approval or payment of the
same
Section II of Chapter 121 of the Re
NfStu statues provinces as 1ollOWS.
NO trustee. superintendent. treas
urer or other person holding a place
of trust in any State office or public
institution of the state, shall be
pecuniarily interested directly or in
directly in any contracts made in be-
half Of the State or of the institution
in which he holds such place or trust, |
and any contract made in violation |
thereof is void; and ii such officer or |
person receives any wbacks, pres
ents, gratuities or secret discounts to
his own use on accounts of such con-
tracts, or from the profits in any
materials supplies. or labor. furnished |
or done for the State of such institu-
ton. he shall 5e punished by i'm
prisonment for not more than a year. |
or by a fine not exceeding five hun
bred dollars.
QUESTION.
Do the provisions of Section II of
Chapter 121 of tho Revised Statutes,
in the light OF the foregoing facts and
in view Of the provisions of Chapter
155 of the Public Laws of 1905. make
void the before mentioned contract
between the state and the Waterville
Sentinel Publishing Co?
Very respectfully
FREDERICK w PLAISTED.
Governor.