State v. Wilder

• Decision Date: 22 November 1906
• Parties: STATE ex rel. DEMOCRAT PRINTING CO. v. WILDER, State Auditor.
• Court: Missouri Supreme Court

97 S.W. 940

199 Mo. 470

STATE ex rel. DEMOCRAT PRINTING CO. v. WILDER, State Auditor.

Supreme Court of Missouri.

November 22, 1906.

1. STATES—CLAIMS AGAINST—PUBLIC PRINTING —INSURANCE DEPARTMENT.

Laws 1869, p. 23, §§ 1, 2, created the insurance department, and provided that its chief officer should be the superintendent of the insurance department. Rev. St. 1899, § 7840, provides that his office shall be in the capitol building, and he shall be furnished with a suitable safe, furniture, stationery, and printing. Section 7841 provides that expenses of the department shall be paid out of the amount appropriated from the fees collected by it on warrants drawn by the State Auditor on vouchers approved by the superintendent, and the state shall not be responsible for payment of any such expense. Section 7843 provides for printed forms for the statements of insurance companies. Section 7844 provides for the publication of copies of the statements of the companies and annual report of the superintendent. The general appropriation act for 1905 and 1906, § 31 (Laws 1905, p. 7), makes appropriations for the expenses of the department, including printing, to be paid out of its receipts. Rev. St. 1899, § 9011, makes the Secretary of State, State Auditor, and State Treasurer commissioners of public printing. Section 9012 classifies public printing, including printing for the executive departments. Sections 9028-9031 authorize the commissioners to examine proofs, and audit accounts, and approve vouchers for expenses. Const. 1875, art. 5, § 1, provides that the executive department shall consist of certain officers, not including the superintendent of the insurance department. Held, that the approval of vouchers for printing for the insurance department is governed by the provisions relating to that department, and not by those relating to the commissioners of public printing.

2. SAME.

The general appropriation act for 1905 and 1906, § 58 (Laws 1905, p. 12), providing that all printing, provided for in the act shall be under the direction of the printing commission, does not apply to printing for the insurance department, for which an appropriation is made out for the receipts of the department by section 31, p. 7.

Application by the state, on the relation of the Democrat Printing Company, for mandamus to William W. Wilder, State Auditor. Granted.

This is an original proceeding begun in this court by which it is sought to compel the State Auditor, the respondent herein, to issue his warrant to the relator in payment of a certain claim for printing. It is unnecessary to reproduce in full the petition upon which this proceeding is predicated; it is sufficient to briefly refer to it. On June 26, 1906, the relator, the Democrat Printing Company, filed its petition in this court asking for a writ of mandamus to issue to the respondent, the State Auditor, directing him to issue his warrant to the relator in payment of an account for $20.75 for printing done for the insurance department of the state of Missouri, which account had been approved by the superintendent of that department, and for stationery, including both the paper and the printing, said printing having been done during the months of February and March, 1906. The printing for which it is sought to compel the State Auditor to draw his warrant in payment of is set forth in Exhibit A, as follows:

                                   "Exhibit A
                "Insurance Department, State of Missouri, to
                  the Democrat Printing Company, for Printing
                  Dr
                  1906
                Feb.   10  To  printing 400 circular letters
                                 ...........................      $  5 00
                  "    20  "   printing 100 additional
                                 lines on blanks............         1 50
                March   1  "   150 postal cards and
                                 printing notices thereon            3 00
                  "     1  "   250 postal cards and
                                 printing notices thereon            4 00
                  "     1  "   100 postal cards and
                                 printing notices thereon            2 00
                  "     9  "   printing 150 additional
                                 lines on blanks ...........         1 75
                  "    15  "   printing 350 circular letters
                                 ...........................         3 00
                                                                   ______
                                                                   $20 75
                

"Approved this 22d day of June, 1906, for $20.75. W. D. Vandiver, Superintendent."

And on the back of said exhibit appears the following: "Hon. Wm. W. Wilder, State Auditor: I have approved the bill on the reverse side hereof and respectfully request you to draw a warrant for $20.75 on the State Treasurer in favor of Democrat Printing Company to pay the same. I hereby certify that the bill is for printing done and materials furnished necessary for the transaction of the business of the insurance department of this state. W. D. Vandiver, Superintendent."

An alternative writ was ordered by the court to issue, and was made returnable at the October term, 1906. It is not essential to reproduce the alternative writ issued in this proceeding, nor the return of the respondent. It is sufficient to state that relator rests its right to the aid of this court upon the provisions of chapter 119, Rev. St. 1899, and respondent in his return justifies his action in refusing to draw his warrant for the payment of the account for printing upon the provisions of chapter 145, Rev. St. 1899. The contentions of the respective parties, as well as the statutes upon which such contentions are predicated, will be fully presented in the course of the opinion. Relator interposed a demurrer to the return of the respondent and prayed for judgment upon the pleadings. The record in this proceeding consists of the pleadings, and they are now before us for consideration.

W. S. Pope, for relator. Attorney General, N. T. Gentry, and Perry S. Rader, for respondent.

FOX, J. (after stating the facts).

The record in this proceeding sharply presents two conflicting contentions: First, it is insisted by the relator that the printing pertaining to the insurance department is governed and controlled by chapter 119, art. 1, Rev. St. 1899; on the other hand, it is insisted by the respondent that the printing of such department can only be done under the authority and direction of the commissioners of public printing, and is therefore governed by chapter 145, Rev. St. 1899. The correct solution of the propositions arising upon these two opposing contentions must be sought by a fair and reasonable construction of the various provisions of the statute applicable to the subject in hand. The insurance department was created by the act of March 4, 1869. Laws 1869, p. 23. Sections 1 and 2 of that act created the department, and provided that the chief officer of such department should be designated as the superintendent of the insurance department. Following those sections provisions were made by section 7 (page 24) that the superintendent should have his office in the city of St. Louis, and it was also provided that he should procure rooms necessary for his office at a rent not to exceed a specified sum per annum, and that he might provide a suitable safe, furniture, stationery, fuel, printing, and such other things as may be necessary for the transaction of the business of his office. Section 8 of said act also provided that all of the expenses of the department should be paid out of the fees and allowances provided for in the act, and that the state should not become in any manner liable for any expenses growing out of this department or any charges connected therewith. Section 16 (page 25) of that act provided for the collection of fees and assessments by the superintendent and for the payment of such fees and assessments into the state treasury, except he was authorized to retain the monthly expenses by filing vouchers for the same. Section 7 of the act of 1869 was amended in the revisions of 1879 and 1889; however, such changes do not in any way affect the proposition involved; therefore it is unnecessary to set out in detail the changes so made. In 1897 section 5799, Rev. St. 1889, was repealed and a new section enacted in lieu thereof, which is now section 7840, Rev. St. 1899. This section provides: "The said superintendent shall have his office in the city of Jefferson, and shall keep the same open for business from 8 a. m. to 5 p. m. every day except Sundays and public holidays. He shall have his office in the capitol building and be provided with suitable rooms therein and be furnished with a suitable safe, furniture, stationery, printing and such other things as may be necessary for the transaction of the business of his office. He shall also have one clerk at a salary of one thousand five hundred dollars per annum, and if it becomes necessary for the proper dispatch of the business of the department, said superintendent may employ additional clerical help at an expense not exceeding one thousand dollars per annum, and also to employ such actuarial work to be done as may be necessary, all of which expenses shall be paid as provided for by section 7841 out of the amount appropriated by law from the fees collected by the insurance department. The Attorney General shall be his legal advisor, but the superintendent may, with the approval of the Governor, employ other counsel for the purpose of enforcing the insurance laws, except in criminal prosecutions. He may also employ suitable persons to make examinations as to the solvency of companies when he deems it necessary: Provided, however, that he shall not employ any person in any capacity who is an officer, agent or employé of any insurance company or association. Said office shall be deemed a public office, and the records, books and papers thereof, or on file therein, shall be deemed public records of the state. In the management of the assets of the dissolved companies, he shall employ only such clerical and other assistance as ...