State ex rel. Item Co., Limited v. Commissioner of Public Finances of City of New Orleans

Decision Date30 August 1926
Docket Number28201
Citation109 So. 675,161 La. 915
CourtLouisiana Supreme Court
PartiesSTATE ex rel. ITEM CO., Limited, v. COMMISSIONER OF PUBLIC FINANCES OF CITY OF NEW ORLEANS

Appeal from Civil District Court, Parish of Orleans; Hugh C. Cage Judge.

Mandamus by the State of Louisiana, on the relation of the Item Company, Limited, against the Commissioner of Public Finances of the City of New Orleans. Preliminary writ made peremptory and defendant appeals.

Affirmed.

B. I Cahn and Henry B. Curtis, Asst. City Attys., both of New Orleans, for appellant.

Eberhard P. Deutsch, of New Orleans, for appellee.

OVERTON, J. ROGERS, J., takes no part. LAND and THOMPSON, JJ., absent.

OPINION

OVERTON, J.

The question presented for decision is whether the Morning Tribune, a newspaper published by relator, is a daily paper. The controversy grows out of the refusal of defendant to permit relator to bid for the public printing of the city of New Orleans, and of various boards in and of the city, for the period of two years, from September 9, 1926, on the ground that the Morning Tribune, for the account of which plaintiff desires to bid, and in which it proposes to make the legal publications required, is not a daily newspaper, and hence a bid from relator, the publication to be made in the Tribune, would not be a bid complying with the law and the charter of the city, requiring the publications to be made in a daily newspaper published in the city of New Orleans.

The charter of the city requires the mayor to publish all ordinances and resolutions passed by the commission council, and the clerk of the council to publish the proceedings of that body, the whole in a newspaper published daily in the city, which shall have been in existence as a daily newspaper for one year prior to the date of the contract under which the publications are made, the contract to be let to the lowest bidder able to furnish the required bond. The charter reserves the right to the parish school board, to the sewerage and water board, and to other boards and commissions in, or of, the city, to petition the mayor in writing to include in the contract to be let such publications as these boards and commissions may be required by law to make. Section 1 of Act 35 of 1922, amending section 15 of Act 159 of 1912.

The ordinance directing defendant to call for bids includes the letting of the printing and publishing for all the boards and commissions called for by the act, and requires that the advertisement call for bids to make the publications required in the regular edition of the newspaper bidding, that is, in the one delivered to subscribers, commercial and residential, throughout the city, and not in extra, special, or racing editions.

The evidence discloses that relator publishes a paper known as the New Orleans Item. This paper is an afternoon paper. It is published under that name on every afternoon of the year except on Sunday afternoons, though a sporting edition is published under that name on Sunday evenings. Relator also publishes the Morning Tribune. This paper is published every morning under the name of the Morning Tribune, by the same management, and from the same press, as the Item, except on Sunday mornings. Both papers have their own subscription lists, and, though unimportant to the issue herein, it may be added that each has its own news service, the Item having the Associated Press and the United News, and the Morning Tribune, the United Press and the Consolidated News, though occasionally an article furnished by the United News finds its way into the Tribune. On Sunday mornings relator publishes, and has been doing so for over a year, and ever since it began publishing the Morning Tribune, the Item-Tribune. The paper published under this name is published under the same management as the Item and the Tribune, and has the news service of the latter. It is intended to be the regular Sunday edition of the Item and of the Tribune, and hence is styled the Item-Tribune. It carries the serial numbers of both papers. Advertisements that are intended to be published daily for a number of days consecutively in the Item or the Tribune are published on Sundays in the Item-Tribune. Serial stories that are published in either paper daily are continued in the Item-Tribune on Sundays. The Item-Tribune is delivered to the subscribers of both the other papers as the Sunday edition of their paper. With reference to this, Mr. Thompson, who has charge of the distribution, in answer to the following questions, propounded to him, gave the following answers:

"Q. Is a copy of the Sunday Item-Tribune delivered on Sunday morning to each and every subscriber...

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3 cases
  • State ex rel. Item Co. v. O'Neill
    • United States
    • Louisiana Supreme Court
    • November 3, 1941
    ...advertisements to be published in a daily newspaper. On the other hand, a Sunday edition of a daily paper is not a weekly paper.' [161 La. 915, 109 So. 676.] As holding the same effect, the Court referred to 17 C.J., p. 696; Words and Phrases, First and Second Series, Verbo 'Daily Newspaper......
  • Pugh v. Prudhomme
    • United States
    • Louisiana Supreme Court
    • January 7, 1935
    ... ... public sale in a foreclosure proceeding. The sole reason ... is supported by our decision in State ex rel. Item Co., Ltd., ... v. Commissioner of ublic Finances, 161 La. 915, 109 So. 675, ... The ... employs five reporters in the city of Shreveport, where it is ... sold at three ... ...
  • McDonald v. Shreveport Mut. Bldg. Ass'n
    • United States
    • Louisiana Supreme Court
    • November 27, 1933
    ... ... [152 So. 319] ... thereon, in the city of Shreveport. At the sale, the ... mortgagee ... this state, and, as such may properly be used for the ... of the State outside the parish of Orleans, where ... advertisements are required to be ... the place used as such, and at two other public places in ... different parts of the parish. * * ... the fact that a publication has only a limited ... circulation does ... [152 So. 320] ... is supported by our decision in State ex rel. Item Co., ... Ltd., v. Commissioner of Public ... ...

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