The Neshoba Democrat., 1922-07-13
STATE PRINTING LAW
UPHELD BY ROBERTSON
Attorney Says Work Done Out
side of State Cannot Be
Paid For.

printing to be done by concerns in
side the state of Mississippi, Attor-
ney General Robertson has rendered
an opinion that will startIe some of
the Mississippi printers who are
sending work outside of the state
On dummy contracts, and some out
side printers who have contracts
with the state.
Under the law, the purpose was
evidently to prevent letting con-
tracts for printing to persons or
firms outside of the state. Yet many
state concerns have bid in contracts
for work which they cannot do and
have been sending this work to out
side concerns. For example, there
is a lot of lithographing work con-
tracted for under the state contracts
and there is but one lithographing
plant in the state. Besides this,
the printing of the Mississippi re-
ports Of the supreme court is con-
tracted for by an outside firm. And
there is considerable other work by
various departments, colleges, ETC.,
that is sent out of the state.
Under the constitution of the
state, section 107, contracts for
printing, stationery, etc, for the
departments of the government"
shall be contracted for as may be
prescribed by law. The law pro-
Vides that all such stationery and
printing shall be furnished and done
by firms located in Mississippi.
The opinion not only affects state
contracts, but also affects contracts
for county printing, which are in
Gluded in the law.
Under this opinion of the attorney
general no money can be legally
pail out of the treasury for print
ing of any kind that is done outside
of the state, by any office, institu-
tion, college or department of state
government The opinion is in a
letter addressed to J. r. Oliphant
of the Issue Publishing Company,
and is as follows:
"Mr. ]. R. Oliphant, Manager, The
Issue Publishing Company, Jack
son, Mississippi:
MY Dear Sir-I have your re-
quest of the 30th ultimO for an
opinion, which is as follows:
In the payment of bills for pub
dc printing out of public funds, will
you please give us your opinion as
to what departments of state and
county governments, and state insti-
tutlons are governed by Chapter 1876,
Laws of 1882"
Chapter 1876, Laws of 1916, is
what is commonly known as the
home printing bill statute, which
defines responsible bidder within
the meaning of section 107 of the
constitution, as one who has
printing plant in this state, or one
who is bona fide resident of this
state, actually engaged in the print
ing business. This statute provides
further, that no contract shall be
sub-let to any person who is not
responsible bidder, as above set
forth
This chapter 1876 only amends a
part of chapter 205, laws of 1912.
Chapter 205, laws of 1912, sectioni,
amended section 284 of the code of
1906, and provides that the state
board of public contracts is created
to carry out the provisions of sec
tion 107 of the constitution.
The next question IN which we
would be. interested is section 1O7
of the constitution, which reads as
follows:
Section i07-All stationery, print
ing, paper and fuel used by the
Legislature and other departments
of the government shall be furnish
ed and (. shall be performed un-
der contract, to be given to the
lowest bidder, below such maximum
and under such regulations as may
be prescribed by law, etc.
Your precise inquiry resolves it
self into the determination of what
the phrase departments of govern
ment' found in section 107 of the
constitution include.
II am of the opinion that the de-
partments of government as used in
this section OF the constitution
would include all Offices, depart
ments, institutions, colleges and, in
fact, all offices or institutions sup
ported by the state.
This construction of the section
is borne out, in my judgment, by
section 3765, code of 1906 (section
6458, Hemingway's Code), defining
department reports This section
is as follows:
"The department reports consist
of the governors message and re-
ports of all officers and institutions
required by law to be made for the
information of the Legislature, etc.
1.-The fact that this definition is
found in the chapter on printing is
of some Importance.
81 am, therefore, constrained to
advise that the departments of state
government which are included in