the bill, I believe we should accomplish all the ends we desire in the preservation of the veto power, by making the The CHAIRMAN. The motion to change proposed in the amendment of papers and printing for the executive depart- or officer of the State, shall be inter- introduced in this section and prohibments, and all other printing ordered by the scribe by law the manner in which the State printing shall be executed, and the accounts rendered therefor; and shall prohibit all charges for constructive labor. It shall not rescind nor alter such contract, nor release, the person or persons taking the same, or his or their sureties, from the performance of any of the conditions of the contract. No member of the Legislature, or officer of the State, shall be interested directly or indirectly in any such contract. Legislature, shall be let by contract to the ested, directly or indirectly, in any ited from being interestad in a certain lowest bidder or bidders, who shall give ade- such contract;" that is, any contract class of contracts, I thought we might quate and satisfactory security for the per-specified in this section. This section as well put in one sweeping clause and formance thereof. The Legislature shall pre- enumerates a class of contracts in which say that they should not be interested members of the Legislature, and in any contract with the State, and especially the officers of the State, might thus put an end to the matter. I think be supposed from their approximation there are contracts in which a State offito the place of doing business, or their cer might become interested much more connection with the business through to his advantage than in any contracts their offices, to have great influence. named in the preceding part of this It has heretofore been thought proper section. I think there are a very large to place this restriction upon these number of contracts of considerable persons in this connection. I do not importance, both to the State and to know any reason why it should be en- those who engage in them, which would larged as proposed by the gentleman be more advantageous than any named from Macomb, (Mr. MUSSEY.) The in this section. For instance, they may clause is direct and positive, that they become parties to contracts connected shall not be engaged in any such con- with supplying the State prison, or tract, directly or indirectly. There is with building asylums, or for the very good reason why the temptation building of our new capitol, which will should be taken from them in this re- probably be built during the time spect. In section five of this article which this new Constitution will stand, will be found this provision: if we ever get one; and in a thousand other ways. I think there are many contracts which would prove very lucrative to State officers, if they are alwhich shall have been increased, during such lowed to enter into them. Therefore, term; nor shall he be interested, directly or I think it is safe and wise to guard indirectly, in any contract with the State or any county thereof, authorized by any law against any such thing. If this is not passed during said term. the proper place for it, I am entirely That seems to be a sufficient restric-willing to withdraw my amendment tion upon Senators and Representa- and offer it in some other place. tives. A particular provision in regard to the other officers of the State, except what is contained in this section twenty-three, would be very proper, I think, in another article, but not here. It seems to me that this covers all that is necessary for us to provide for in this article. Mr. MUSSEY. I wish to call the attention of gentlemen to one thing in connection with this section. The last clause of it reads: "No member of the Legislature, or officer of the State, shall be interested, directly or indirectly, in any such contract," referring to the contracts named in the former part of the section. I submit whether it would not be better to strike out the word “such," in that clause, before the word "contract," and to insert the words "with the State," after the word contract;" so that it will read, member of the Legislature, or officer of the State, shall be interested directly or indirectly in any contract with the State." There are a large number of contracts aside from those with the State. "No Senator or Representative shall, during the time for which he may have been elected, be eligible to any no have been created, or thce which shall Mr. DANIELLS. Would it not be better to strike out the words "directly or indirectly?" Is not that tautological? The courts have decided that we cannot do anything indirectly, that we cannot do directly. Mr. CONGER. If this provision was carried out, there could not be a contractor for building a shop in the State prison, or putting up a door or a window frame in an asylum, or a surety of such a contractor, who could be a Mr. LONGYEAR. I desire to call member of the Legislature or a State the attention of the chairman of the officer. Now I do not see the necessity committee who reported this article, Mr. MUSSEY. The point is this: for any such provision. If a man has (Mr. CONGER,) to a phrase used in this Section five of this article provides that a contract with the State of any kind section: "printing for the executive no member of either House of the Leg-whatever, we have a provision in the departments." There is really no such islature shall be a party to, or interes- Constitution prohibiting the Legislathing under our present system as an ted in, any contract under any law ture from altering or rescinding the executive department. We have an passed during the term for which he contract, or releasing a person from executive and State officers. When the was a member of the Legislature. When the was a member of the Legislature. But such a contract. Yet the people might State officers constituted the Gover- that does not affect any State officer; desire to elect to the Legislature a nor's cabinet, then there was an execu- it is a sufficient guard against members person who had some such contract. tive department. I would suggest an of the Legislature. This section twenty- The Legislature could not rescind the alteration in this section to strike out three provides that "no member of contract with such a person. There is the word "departments," and insert in the Legislature, or officer of the State, no power in the world to rescind that lieu thereof" or State officers;" so that shall be interested, directly or indi- contract; it may last for years, and it will read: execu-rectly, printing for the execu- rectly, in any such contract." Accord- during that time, according to the tive or State officers." I move that ing to my understanding, the word amendment of the gentleman from amendment be made. The amendment was agreed to. Mr. MUSSEY. I move to amend the last clause of this section by striking out the word "such," before the word "contract," and inserting after the word "contract," the words "with the State;" so that it shall read," any contract with the State.' "such refers to the contracts which Macomb, (Mr. MUSSEY,) the man holdare specified or named in the preceding ing the contract could not be a mempart of the section. So far as I have ber of the Legislature, no matter how been able to understand it, that section much the people might desire to have is entirely silent in regard to all other him serve them as such. Every man contracts. The gentleman says that who does business in the State prison, any other provision would properly or hires the labor of convicts, is a concome in some other article or section. tractor with the State directly. And Then why are the members of the Leg-yet I presume it is not the intention of Mr. CONGER. I would like to hear islature and the State officers mixed up this committee to prevent such persons some reasons from the gentleman for at all in this section? The members of or their sureties, from being members his amendment. It seemed to the the Legislature are sufficiently guarded of the Legislature.. committee to be very proper to say against in section five of this article. that "no member of the Legislature, Inasmuch as State officers have been Vol 2-No. 12. All that is desired is to prevent persons from being engaged in such con tracts, who, from their connection with Mr. CONGER. Not at all. Mr. MUSSEY. Is that prohibited under this provision, or under any other provision in this Constitution? Mr. BILLS. It seems to me that The object of the amendment is to we might, without damage to the Con- leave to the discretion of the Legislastitution, so amend this section as to ture to determine the method by which improve it very much. It seems to this object will be accomplished; me that the State Legislature should whether this work shall be done under be left to its discretion as to the mode contract, or whether it shall be done in which this kind of work shall be under the direction and supervision of done for the State. It is a necessary some one, or in some other way. The part of their duty to provide for it in object is to leave it wholly to the Leg some shape. I would not provide in islature to accomplish the purpose in the Constitution for the manner in such a manner as they shall deem to which this work shall be done; I would be the most expedient. The portion leave that for the Legislature to de- of the section which it is proposed to cide. I am therefore in favor of the strike out is as follows: amendment. "The Legislature shall provide by law that the furnishing of fuel and stationery for the laws and journals, all blanks, papers and use of the State, the printing and binding the printing for the executive departments, and other printing ordered by the Legislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and satisfactory security for the performance thereof. The Legislature shall prescribe by law the executed, and the accounts rendered theremanner in which the State printing shall be for; and shall prohibit all charges for con Mr. SAWYER. To my mind there is one portion of the section which it is proposed to strike out, which is of the utmost importance. It corresponds Mr. CONGER. I do not know what with nearly all the contracts for pubprovisions there are in the article en- lic works by providing that it shall be titled "State officers;" I was absent at let to the lowest bidder. Now, it seems the time that article was considered. to me it will open a wide door for faBut that would be the proper place for voritism, if the Legislature shall be alany restriction of that kind. There- lowed to make contracts for this pur-structive labor. It shall not rescind nor alter fore it was, I thought that this section pose, without having it restricted to was not the proper place for restric- the lowest bidder. To my mind such tions except for the particular contracts a restriction is one of the greatest safenamed in the section. Members of the guards which we can have in the ConLegislature are restricted by the pro-stitution, for the preservation of the visions of section five of this article; and it seemed to the committee on the legislative department proper that, in regard to the contracts mentioned in this section twenty-three, members of the Legislature and State officers both should be limited. The question was then taken upon the amendment of Mr. MUSSEY, and it was not agreed to. Mr. TURNER. I move to amend this section by striking out the following: "The Legislature shall provide by law that the furnishing of fuel and stationery for the use of the State, the printing and binding the laws and journals, all blanks, papers and printing for the executive departments, and all other printing ordered by the Legislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and satisfactory security for the performance thereof. The Legislature shall prescribe by law the manner in which the State printing shall be executed, and the accounts rendered therefor; and shall prohibit all charges for constructive labor. It shall not rescind nor alter such contract, nor release the person or persons taking the same, or his or their sureties, from the performance of any of the conditions of the contract." purity of the Legislature, and for se- Mr. TURNER. I would ask the Mr. HARRIS. I would suggest to members that when they make motions or remarks, they should endeavor to speak loud enough to be heard by all in the Hall. I have not been able to hear one-half of what has been said this morning. I tried to hear what was said by the gentleman from Lenawee, (Mr. BILLS,) and I was unable to do so. It would seem as if the members thought it was only necessary for them to be heard by the Chairman. such contract, nor release the person or persons taking the same, or his or their sureties, from the performance of any of the condltions of the contract." Now, if the letting this work out by contract to the lowest bidder is the best way in which it can be done, it is not to be doubted that the Legislature will adopt that method of doing it. If, on the other hand, the Legislature shall discover that it can be better done in some other way than by letting it to the lowest bidder, then they should be allowed that better way of doing it. My own idea is that we should not provide in the Constitution the special manner in which the Legislature shall perform such a duty as this, but leave it to their discretion. That is the object of this amendment. Mr. MUSSEY. I took it for granted that this section was to remain when I offered my amendment to it. Instead of the provisions of this section being a safeguard, I look upon them as in every way calculated to result injuriously to the State. If any one seeks to corruptly obtain money from the State, this section will be a perfect shield to him. It provides imperatively that the Legislature shall let Mr. BILLS. After the suggestion of these contracts to the lowest bidder. the gentleman from Oakland, (Mr. Now take the subject of printing, for I offer this amendment simply be- HARRIS,) it has occurred to me that instance; two or three persons propose cause I consider all that is covered probably this motion is not fully un- to bid for the contract. Now, I am on by the provisions which I propose to derstood; I will, therefore, state what the ground, and I have only to buy off strike out is entirely within the prov- the object of the amendment is. The the others at the lowest rate I can, and ince of the Legislature to regulate; gentleman from Shiawassee, (Mr. TUR- then I can put in my bid at any rate it should not be kept in the Constitu- NER,) moves to strike out all of this I please; and it is not optional with tion at all. Of course, in order to carry section but the last sentence. The the board of auditors to accept it or on the government successfully, they idea is that it is the duty of the Legis-not, but they are compelled by the must make provision for such things lature to provide for all that is pro- Constitution to accept any bid, no as are referred to in this section. As posed in this section. The only effect matter what it is, provided it is lower I have already remarked several times, of this section, if adopted, would be, than any other bid presented. I think I am opposed to this kind of legisla- to prescribe the manner in which the the Legislature should be left to protion by this Convention. I hope that Legislature shall perform that duty. vide that all bids should be rejected my amendment will prevail. * * if it is not for the interest of the State others than those who can give satisfac- Legislature are compelled to let these to accept them. I think this constitu- tory security for the performance of the jobs to the lowest bidder, this very tional provision is not altogether safe. contract. practice will continue. I do not say Mr. M. C. WATKINS. It strikes "The Legislature shall prescribe by that it has been done in regard to me that the gentleman from Macomb, law the manner in which the State wood contracts, or printing contracts, (Mr. MUSSEY,) has not fairly repre- printing shall be executed, and the ac- or any other particular contracts; but sented this question. This section counts rendered therefor, and shall pro- I do say that the practice has been foldoes not require bids to be accepted hibit all charges for constructive labor." lowed over and over again in contracts except from those who give good secu- Now, it is well known to members of with the State. The board of auditors rity. Now, if an offer is made to take this Convention, that formerly, before were not at fault. This is done by a a contract, and the person who makes the adoption of the Constitution of combination among the contractors. I the lowest bid gives satisfactory secu- 1850, charges were frequently made do not see any help for it, so long as rity, I can see no better way than to and allowed for constructive labor. this section is retained in its present let him have the contract. This sec- This section guards against that. The form. tion was very carefully considered by Legislature "shall not rescind nor the committee, and I cannot see how alter any such contract, nor release the it opens the way for fraud. It pro-person or persons taking the same, or vides that all printing ordered by the their sureties, from the performance of Legislature, shall be let by contract to any of the conditions of the contract." the lowest bidder, or bidders, who shall Sir, this matter is well guarded against give adequate and satisfactory security the frauds for which my friend from for the performance thereof. Now, if Macomb says it is a shelter. It is sinthat security is offered, why not let the gular that we should view this section lowest bidder have the contract? in so different a light. It appears to me What arrangements can we make that to be all that is required upon that will be better than that? "The Leg- subject. I hope the section will remain islature shall prescribe by law the man- as reported by the committee. ner in which the State printing shall Mr. MUSSEY. Is it optional with Mr. VAN VALKENBURGH. It is not; but the bidder is obliged to give good securities. I am Mr. VAN VALKENBURGH. very sorry to have my good opinion of Lansing so much injured, by the statement of a former resident of this city, I had supposed that the people here were good honest people, as much so as the people where I reside. Mr. LONGYEAR. I wish the gentleman to understand that these contractors were from different parts of the State; some of them from Oakland for aught I know. Mr. LEACH. This practice has not been confined to Lansing. I might the State, persons well known to gentlemen here, who have been parties to just such transactions. Very little of it has been done by the citizens of Lansing. be executed, and the accounts rendered the board of auditors to reject the low-name persons from various portions of therefor; and shall prohibit all charges est bid? for constructive labor." Now, what can be better than that? This section has been very carefully considered; and in looking over it now I can not see what improvement can be made in it. Mr. SHEARER. I would inquire of the Chair if any provision is made or moved so as to leave it optional with the Legislature to receive these bids? Mr. MUSSEY. Yes, sir; but the contract will be a permanent one. Let me illustrate again; suppose the genMr. VAN VALKENBURGH. Itleman and myself are ready to take a hope the amendment now pending will contract to supply wood to the State; not be adopted, but that the section we are either of us willing to take it The CHAIRMAN. The Chair will will be passed intact as reported by for three and a half dollars per cord, not undertake to construe the effect of the committee. It appears to me that and are perfectly able to give security the amendment of the gentleman from it cannot be improved. I cannot imag- for the proper performance of our con- Shiawassee, (Mr. TURNER.) His amendine how my friend from Macomb, (Mr. tract. We talk it over between our-ment is to strike out all of this section MUSSEY,) can construe this section as a selves; I say, "Mr. VAN VALKENBURGH but the last sentence. shield for peculation and fraud, when how much will you take to withhold it is so well guarded. I believe the your bid?" He says to me "I will same section is contained in the pres- take fifty dollars." I give the gentleent Constitution. "The Legislature man that sum, and then put in my bid shall provide by law that the purchas- at ten dollars a cord. Now, is it oping of fuel and stationery for the use tional with the board to accept or reject of the State, the printing and binding Mr. SHEARER. If that motion should not prevail, I believe provision should be made so as to leave it optional with the Legislature to receive or reject any bids. But if the Legislature is confined to receiving the low the laws and journals, all blanks, pa- at ten dollars a cord. Now I say, that &&d? No, they must take my bid est bids without any option, it would rangement. ་་ be binding them to take the bids at all hazards, as the gentleman from Macomb, (Mr. MUSSEY,) says. I will Mr. VAN VALKENBURGH. It is refer back to a little history, some by contract to the lowest bidder, or to be presumed that neither the gen- nearly thirty years ago, in the Legislabidders, who shall give adequate secu- tleman nor myself will ever be caught ture at Detroit. I happened to be rity for the performance thereof." Now in a scrape of that kind. We are both upon the committee on printing. It I cannot see how these matters could too honest to enter into any such ar- was understood that although the work be better secured than that. How the should be given to the lowest bidder, gentleman can construe that as a shel- Mr. LEACH. While it is altogether all the parties there were to be interter for peculation and fraud, I cannot probable that the gentleman from ested in it. But the Legislature was understand. The persons who do this Macomb, (Mr. MUSSEY,) and the gen- obliged to accept the lowest bid. Not work for the State must give adequate tleman from Oakland, (Mr. VAN VAL- only have these things transpired in and satisfactory security for the per- KENBURGH,) would not be caught in any the Legislature, but they have also formance of the contract. It is cer- such arrangement as that, yet it is very transpired in the business transactions tainly for the interest of the State that well known that that very thing has of the country generally. The Legisthe contract should be let to the lowest been done here in the city of Lansing, lature may be imposed upon by men, responsible bidder. And this section over and over again, for the last ten from the fact that they are bound to provides that it shall not be let to any years. I believe that so long as the take the lowest bid. They are bound to receive the lowest bid, whether it is too high or not. The security may be good and satisfactory security, as it is proposed here; still, the lowest bidder has a claim upon the Legislature, and they cannot reject his bid. If the motion to strike out does not prevail, there should be a provision adopted leaving it optional with the Legislature to receive a bid or not, as they please, although it may be the lowest, and to call for other bids. I think the gentleman from Macomb is right on that subject. It is necessary to have such a provision, in order to guard against peculation. These are my views, because I have seen these transactions in business, and also in legislative matters. I do not think the lowest bidders should have alter such contract, nor release the person or The motion to strike out was agreed Mr. TURNER. I now move to fur ther amend this section by striking out State." The section will then read: "No member of the Legislature, or officer of the State shall be interested, directly,,or indirectly, in any contract with the State." The CHAIRMAN. That amendment was offered by the gentleman from Macomb, (Mr. MUSSEY,) and was voted down. Mr. CONGER. I suppose it can be Mr. CONGER. There is no provisentertained again by unanimous con-ion in what is left of this section for sent. Mr. FERRIS. I object. Mr. TURNER. I do not wonder that the gentleman objects, after the speech he has made. the right to compel the Legislature to accept their bids, under the Constituany contract; therefore I do not see tion, without giving the Legislature the. the necessity for retaining any portion of this section now. The old custom option of taking some better bid which used to be for the State to do its own they might get. These are my views. Mr. FERRIS. I desire to move an printing, hiring men to do the work Mr. BLACKMAN. I suppose the amendment to the portion of this secwithout making any fixed contract at tion which it is proposed to strike out. object can be reached by moving to re-all. That was the practice for years. I move to strike out the words "shall consider the vote by which the amend-There was one family in this State that prescribe by law the manner in which the State printing shall be executed, and the accounts rendered therefor; and." The sentence will then read, "the Legislature shall prohibit all charges for constructive labor." I submit that this dictating to the Legisla ment of the gentleman from Macomb Mr. GIDDINGS. I move to recon- to. The motion to reconsider was agreed The question then recurred upon the "contract," and to insert after the ture that they shall prescribe the man- amendment of Mr. MUSSEY to strike necessary. State." was said to have got immensely rich by doing State printing directly for the State. I suppose there are many who are anxious that that practice shall be adopted again. I have no doubt that, should it be adopted, it would work very well for a few, but it would work very badly for the people at large. There was no such provision as the committee proposed here in the Constitution of 1835. The old idea prevailed then, that the State should Mr. WITHEY. I thought the ob- carry on its own printing, although it jections stated by the chairman of the could do no other work for the State. committee who reported this article, It carried on the printing, buying Mr. CONGER. I would like to in- (Mr. CONGER,) had considerable force stationery and paper and material, and quire of the gentleman from Kent, in them. I would suggest to the mover hiring men, and all that sort of thing, (Mr. FERRIS,) whether that portion of of this amendment, whether it would until the people complained of it so the sentence has reference to the labor not be better to limit this matter, so much that the Convention of 1850 to be performed or to something else? that the section will read: "No mem- thought it was best to take away that It has no reference to constructive of the Legislature or officer of the work from the State officers, and give labor for printing, unless there is some-State shall be interested, directly or it out to the lowest bidder. But the thing in the sentence to connect it indirectly, in any contract with the provision on that subjact is not now with the printing. State, for fuel, stationery, or printing." embraced in this section. What is left The question was taken upon the These were the subject matters that might as well be stricken out at once, amendment of Mr. FERRIS, and it was were contained in this section before and let the State go on and hire their not agreed to. the motion to strike out was agreed to. work done as they did before; and let I will move to amend the amendment the pets of the government get their in that way. fill of the money of the State. That will not, however, satisfy the people at large, though it may satisfy a few. But as the section now stands, I cannot see any good to be gained by it. The question recurred on the motion of Mr. TURNER, to strike out the following: Mr. MUSSEY. I suppose the gen“The Legislature shall provide by law that tleman has some argument to make in the furnishing of fuel and stationery for the favor of his amendment. If so, I wish use of the State, the printing and binding the him to answer one or two questions. I laws and journals, all blanks, papers and printing for the executive departments, and will say frankly, that my object in mov- Therefore I move to strike it out. all other printing ordered by the Legislature, ing this amendment is to prevent the The CHAIRMAN. The question. shall be let by contract to the lowest bidder State officers from taking the contract will be first taken upon the amendor r bidders, who shall give adequate and sat isfactory security for the performance thereof. to build the State house, or anything ments to the section. The question The Legislature shall prescribe by law the of that kind, or controlling contracts in now is upon the amendment of the manner in which the State printing shall such a way that exorbitant prices gentleman from Kent, (Mr. WITHEY,) be executed, and the accounts rendered must be paid by the State. If my ob- to the amendment of the gentleman therefor; and shall prohibit all charges for constructive labor. It shall not rescind nor ject is secured by what the gentleman from Macomb, (Mr. MUSSEY.) |