"F."

Assessed. Equalized. Assessed. Eq'lized. Assesssd. Eq'lized. Assessed. Equalized. Ratio 34 M.

"G."

PUBLIC PRINTING.

Award of Governor, State Treasurer, and Attorney General.

MADISON, October 9, 1854.

ALEXANDER T. GRAY, Secretary of State.

SIR:-We have reversed your decision awarding the contract for State Printing to James Densmore, and have awarded it to Beriah Brown, believing his to be the lowest and best bid, and herewith we hand the reasons at length for our decision.

It is believed that Mr. Densmore's bid for the printing is not in compliance with law; Sec. 1, of an act to amend Sec. 3 of chapter 504, of session laws of 1852, approved March 25th, 1854, provides that "The advertisement (of the Sec'y of State) shall require specifications in said bid" as follows:-"For all classe except blanks the price of composition for 1000 ems; the price per token for press work; the price per quire for all paper used, specifying the size and quality thereof, and the price of folding, stiching and binding the same in paste board covers, with sheepskin corners and backs, and for blanks the price per quire, the contractor furnishing paper and material for the same.". This section requires the bid to be made "for the price of folding, stitching, and binding in paste board covers, with sheepskin corners and backs."

This of course only applies to such books and pamphlets as are to be covered or bound. But Mr. Densmore has not followed or complied with the law in this respect. The words of his bid upon this subject are, "for folding, stitching, binding, covering, &c., according to the requirements of law, for each volume, document, or piece, two cents."

Mr. Densmore bids to do certain things, "according to the requirements of law," and the language of his bid assumes that the law requires certain things to be done in a certain way. If this were true, and there was a positive statute requiring books or pamphlets to be covered or bound in any particular way, or to be

1

covered or bound at all, then it is possible that his bid might be considered under the law; but, it is a bare assumption, for there is no such provision of law. It is true that laws and pamphlets have always 'been covered, and we shall soon see how and why, and we shall also see that if Mr. Densinore's bid was accepted, this uniform practice of covering books and pamphlets might be changed, and the whole matter be left to his discretion, so that he might cover or bind or not, as might suit his taste or convenience.

The section copied above is the only amendment to the law on printing, approved 19, 1852.

SEC. 3 of this act which was superseded by the section first above copied, required the bids to specify the price of "covering and binding the same in paper covers or in boards, should the legislature specially authorize the same;" thus leaving it for the legislature to say whether the laws &c., should be covered or bound. In all other respects the law remains as it was, and must govern the decision in this case.

SEC. 7.of the law of 1852, provides that "after due examination and the determining of the same, said Secretary shall immediately notify the successful bidder of his appointment to execute the work, who thereupon, within four weeks after receiving said notice, shall execute a bond to the Governor in the sum of twenty thousand dollars conditioned for the faithful performance of the duties assigned him," &c. Now the duties to be assigned him under the law, are that he shall do the printing according to his bid, and the law requires him to enter into a bond to do the printing according to his bid. Thus the bid becomes the basis of the bond, and whatever he has bid to do, he binds himself to do. He cannot be compelled to do more, nor can he excuse himself by doing less. Therefore the bid should be specific and certain, and in compliance with the law; so that in case of failure to perform the duties, the bond may be resorted to as contemplated by law, to indemnify the State-and when the suit is brought on the bond which is conditioned to do the printing according to the bid, then

the bid is resorted to, to know what are the conditions of the bond -for the bid is the basis of the bond.

If then Mr. Densmore should refuse to bind, fold, or stitch any document, law or pamphlet, would the State have any remedy on his bond? We think not. He might reply, "I bid and bound myself to fold, stitch, bind, and cover, &c., according to the requirements of law for each volume, document, or piece 2 cents, but at the time of making the bid, there was no law requiring laws or pamphlets to be folded, stitched or covered." This we believe would be a good defence to the bond. Thus it is clear that whether to bind or cover, or even to stitch or fold any volume, document or piece would be left entirely to his discretion, under his bid, and we cannot think that such was the intention of the law, or that we would be doing right to leave so imperfect a matter to the discretion of a public printer.

The law has provided in what terms the bid should be made, and that the successful bidder should give a bond to do the work according to his bid. If the bid is not in compliance with the law, it is in contemplation of law no bid, and a bond executed upon such bid would not secure to the State a faithful performance of the public printing.

Mr. Brown's bid is specific and certain. The bond he is to give will bind him to execute the work according to his bid, and if he should fail to do so, the State will have a complete remedy on his bond.

We come now to consider the two bids of Mr. Brown and Mr. Densmore, as if there was no objection to the form of either, and to discover which of the two is the lower. To this end we insert a copy of each.

BROWN'S BID.

Composition, 15 cents per thousand ems. Press work, 15 cents per token. Paper, 18 by 24 inches in size, of the quality of the samples in the Secretary's office, 15 cents per quire. All other paper used in incidental printing, 15 cents per quire. Folding