State v. Hogan
| Decision Date | 31 March 1899 |
| Citation | 56 P. 818,22 Mont. 384 |
| Parties | STATE ex rel. STATE PUB. CO. v. HOGAN, Secretary of State. |
| Court | Montana Supreme Court |
Application for mandamus by the state, on the relation of the State Publishing Company, against Thomas S. Hogan, secretary of state. Motion to quash the writ sustained, and petition dismissed.
W. J MacHaffie, as secretary and general manager of the State Publishing Company, applied to this court for a writ of mandate requiring Thomas S. Hogan, secretary of state of the state of Montana, to deliver to the State Publishing Company copies of the laws and resolutions, with marginal notes, of the Sixth legislative assembly, to the end that the same might be printed by the said company, or that the said Hogan secretary aforesaid, appear and show cause why he has not delivered the said papers to the State Publishing Company. In the affidavit it is stated that the duty devolves upon the secretary of state to deliver to the printer entitled to the same, at the earliest day practicable after the final adjournment of each session of the legislative assembly copies of all laws and resolutions, with marginal notes, and journals kept, passed, or adopted at such session, with the proper indexes to the same; that on November 28, 1898, the state board of examiners advertised for more than 20 days, in two daily papers published at the seat of government, for the furnishing and doing all the printing, binding, and distributing of the laws, journals, reports, and other printing and binding of any books used by any state officer or department, and did invite proposals therefor to be delivered by 12 o'clock noon of December 20, 1898, and required each bid to be accompanied by a bond as provided by law; that among other bids for the printing, binding, and distributing of the laws, journals, department reports, and other printing and binding, the State Publishing Company made a bid therefor, accompanied by a bond as required by law that upon December 20, 1898, upon the opening of said bids by the said board of examiners, it was declared and decided by the said board that the bid (for printing the things aforesaid) of the State Publishing Company was the lowest and best, and that the said company was the lowest and best bidder for doing said work; that the state board of examiners did award the contract for doing said work, and furnishing said printing of the laws and journals in book form, to the State Publishing Company, by means whereof there then and there did become a contract between the state of Montana and the said State Publishing Company for doing said work upon the terms and conditions in said advertisement and bid set forth and declared; that thereafter the said contract was further put in writing in due form of law, and the bond theretofore filed by the State Publishing Company was in fact, and was deemed taken and held to be, sufficient in form and amount to be given by the State Publishing Company as a compliance with section 708 of the Political Code; and that thereupon the said State Publishing Company entered upon the discharge of its duties under said contract, and from December 20, 1898, until the day of filing this affidavit it has done and performed divers and sundry of the duties devolved upon it by virtue of said contract, and has in all things complied therewith. Affiant further says that the said contract and the bond filed were in fact, and in the judgment of the board, valid and correct in substance and in form, and were in compliance with the requirements of section 708 of the Political Code; that Thomas S. Hogan, as secretary aforesaid, has caused to be prepared copies of all the laws and resolutions, with marginal notes, passed by the Sixth legislative assembly, and also copies of the journals kept passed, and adopted at such session, with proper indexes of the same, as kept for the public printer of said state, but although the said State Publishing Company is the printer entitled to the same, and is, and has been for some time past, ready and willing to discharge its duty, the said secretary does not and will not deliver to it or its agents the copies of said laws and resolutions, with marginal notes, and with proper indexes to the same. Affiant then says that he has made demand for said papers, to the end that they might be printed under the contract, but that the secretary of state would not deliver the same. Wherefore affiant says that the State Publishing Company is entitled to have the said copies delivered, and that the delivery of the same is especially enjoined upon the said Hogan, as secretary, and that for a redress of the said wrong the state Publishing Company has not a plain, speedy, and adequate remedy in the ordinary course of law. An alternative writ was issued, to the effect that whereas, it appearing by the affidavit of the relator, in behalf of the State Publishing Company, that the said Hogan will not deliver to the said company or its agent the copies of the laws and resolutions, with marginal notes and indexes to the same, which have been prepared by him for the public printer, as "it is in said affidavit said to be his duty to do," therefore he was commanded to forthwith deliver to the State Publishing Company the said copies, or appear before the supreme court on March 27, 1899, then and there to show cause why he has not so done. The defendant moved to quash the alternative writ upon...
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