Red Lodge Daily News Combined With Carbon County News

The Printing Contract Postponed Again

As stated in last week's issue of the News, the awarding of the printing contract for the county printing was postponed from the regular meeting of December 5 to Monday, December 17. The county commissioners met at one o'clock on the above date. Mr. John G. Skinner appeared and presented the claim for the Carbon County News. Mr. S. C. Merriman presented the matter for the Picket Journal, after which C. H. Draper was heard in behalf of his bid. The editor of The News discussed the two bids. It was admitted by Draper that the bid of the News was the lowest bid. County attorney E. P. Conwell presented an opinion from the Attorney-general Mr. Raymond T. Nagle, dated October 6, 1934, and addressed to Henry O. Woare, regional administration manager for the Graphic Arts Industry, which opinion read in part: "We regret that state laws sometimes conflict with the operation of the NRA codes as they come into contact with the state and its political subdivisions. When these laws were passed no one dreamed of the present economic distress and of the magnificent efforts of the President to restore well-being to the nation. State and county officers, however, are bound by the written laws of the state, and if they disobey them they may be subject to severe penalties and loss of office. Furthermore, contracts in violation of such laws would be invalid."

He also presented an opinion from C. J. Dousman, assistant attorney general, dated December 13, 1934. It read in part: "On July 7 the Attorney General wrote Mr. G. C. Stevenson, Secretary of the Montana State Petroleum Committee, advising him that in accordance with law it was the duty of the State Purchasing Agent to purchase supplies, equipment and various materials from the lowest responsible bidder, and that the purchasing agent could not disregard such law. *****

Section 4482, R. C. M., 1921, relative to contracts for county printing, provides that the contract shall be let to the newspaper that in the judgment of the county commissioners shall be more suitable for performing said work. It would seem that the duty is upon the applicant to determine whether or not in making his bid he is violating the Graphic Arts Code; also that it is not the duty of the county commissioners to make an investigation to determine whether or not a Code has been violated. If a bid is made and an objection is made thereto that same violates some federal statute or some provision or rule in connection therewith and that by reason of same the contract is invalid, it would seem that the person objecting to the letting of such contract should proceed to present the county commissioners and your office with a brief upon that subject, showing the invalidity of the contract. In such a case it might even then require a decision of the Court to definitely determine the validity of such proposed contract. However, if you find yourself in the condition this office will be glad to do all in its power to assist in a proper determination of that question."

After some discussion, Mr. J. M. Anderson, chairman of the board of county commissioners, presented an opinion from Mr. John G. Brown of Helena, the attorney for the state association of county commissioners, which we quote in part: "The State of Montana acting in its sovereign capacity enacted a law governing public printing and supplies. The Congress of the United States has no power over sovereign states or over the citizens thereof except as given them by the Constitution of the United States which is the only delegation of power from the States. There is nothing in the Constitution that gives Congress authority to interfere in the ordinary operations of the municipal subdivisions of a State, to-wit, a county and the Legislature of the State having said how the county shall handle its printing and supplies that statute should be followed by the County officers.

"If the bids submitted for county printing conform to the requirements of our state legislation upon the subject I am of the opinion your inquiries should go no further, and that your duty is to follow the law as set forth in Chapter 10 of the Twenty-first Legislative Assembly at page 12, et seq."

Interested parties left the room and the commissioners discussed the matter and the awarding of the contract was postponed until Monday, December 24. Just why this was done the editor of the News has not been advised, in view of the decisions above quoted. Opinions were read from the Hon. Wellington D. Rankin and Hon. S. C. Ford, former attorney generals and members of the Supreme Court, to the effect that the bid of the News did not in any way violate the state laws or the Graphic Arts Code.

In view of the above decisions, the News is at a loss to know what causes the delay in awarding the contract. As last week's issue of the News showed, the News has saved the taxpayers of Carbon County more than two thousand dollars a year on their printing for the last eight years.