Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-02-13
Saturday, February Is, 1915.
LEGISLATURE Again in Trouble

Maine Senate, on motion Of Senator
Garcelca Of Androscoggin, directed the
printing Of 500 copies o. the State
auditors report for the years 1913
and 1918. as Z legislative document;
the official endorsement OF the secre-
ta-y IF the Senate reading:
Ordered printed and ref. 70 Com.
on Appropriations and Financial AZ
fairs. Sent down for concurrence"
This action Of the Senate vas con-
Cured IN by the House on Feb. :, ard
the legislative printer proceeded with
TIE work hereunder.
On Feo. Il, at Tire request Of Gov
ernor Curtis, the attorney general, M-.
Pattangan, delivered an opinion on the
natter his conclusion being that the
action Of the Legislature vas "unau
,ho.ized" The full text Of this opinion
will be found elsewhere il these COZ
unns:
The gis, Of Mr.. Pattangalrs opinion
is contained IN the following para
graphs, which We quote verbatim:
Having beet authorized BY th=
Legislature 10 make e contract for
the printing q the state auditors re-
port, and having acted under that
power and made such a contract, i,
is not within tie authority OF the
Legislature 20 impair or cancel that
contract, ana the order passed by the
Senate On February ith transferring
the report Of the State auditor from
the class Of printing in which the
Governor and Council placed it into
another class. thereby changing not
only the party who was TO do the
work but also changing the price for
tie work, vas unauthorized. 4 con-
tract made by the Governor and Coua-
CA after they have been authorized
~ law 70 make Il cannot be altered
Or changed in any way or rescinded
in whole or in part by Legislative or
der. TO rescind or amend such a con-
tract would REQUIRE the passage Of I
Legislative act. and even then such an
act under certain circumstances nigh,
Dc void because unconstitutional
The whole effect Of the legislative
order in question is TO annul in part
the authority given the Governor and
Council under Chapter I55 Of the Put
lie Laws Of 1906, and II taken as .
precedent might result in q practical
rereal Of that Law, without the neces-
sary procedure which might be had to
properly effect such a repeal"
II Mr.. Pattangall's premises were
correct, probably no one would oues-
ton his conclusion. We agree with the
Attorney General that, If the Legisla-
ture had attempted by an order TO vary
the contract between the State and
the WaterviIle Sentinel Publishing
Company, or TO deprive the Governor
and Council of their prerogative to
order this report printed by that Com
pany for general distribution, the Leg
islative powers would have been ex
ceeded. The assumption. however
that the order Of 500 copies of this re-
port for use Of the Legislature trans
fers the report Of the State Auditor
from Class a. (book work.. for which
the Governor and Council contracted
with the Waterville Sentinel Company.
to Class c Legislative printing!, for
which they contracted with the kenne-
bee Journal, and thereby prevents the
Governor and Council from ordering
the usual number Of copies under the
contract with the Waterville Sentinel
Company, is most unwarranted.
The Legislature must have intended
either that this printing should be for
Its own use. or that it should take the
place OF the book work for general
distribution and in a different STYLE of
binding, TO be performed by the Water
vile Sentinel Company. Mr.. Pattan-
gall calmly imputes to it the latter in
tention. though every circumstance in
the case is at variance with such an
assumption.
The fact that the Legislature ordered
only the 500 copies required in case of
al ieSiS.dLiNe documents, whereas I'M
der the contract for book work. the
customary number is $500, is convinc-
ing proof that the Legislature intended
these copies for its own use, and had
no intention of interfering with the
right Of the Governor and Council to
order the usual number printed, and
bound in permanent binding. for gen.
eral distribution in the customary way.
Does MIR. Pattangall take the DO
sition that the Legislature of Maine
has not the right to order for it's own
use as many copies as it desires Of any
document submitted to it? If so, he
completely reverses the opinion which
he rendered about ten days ago to
the Governor and Council. to the effect
that the Legislature is sole constitu-
tional judge Of the quantity, charac-
ter. and time limit Of printing for its
own use.
The position Of the Kennebec Jour-
nal throughout this whole controversy
between the executive and legislative
departments has been, and will con-