A-17990, APRIL 12, 1927, 6 COMP. GEN. 665

A-17990: Apr 12, 1927

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1927: I HAVE YOUR LETTER OF APRIL 2. THERE IS APPROPRIATED. THAT NO PART OF THIS APPROPRIATION SHALL BE EXPENDED UNTIL ALL THE STATES IN THE PROPOSED CONTROL AREA SHALL HAVE PROVIDED NECESSARY REGULATORY LEGISLATION AND UNTIL A SUM OR SUMS ADEQUATE IN THE JUDGMENT OF THE SECRETARY OF AGRICULTURE. TO THE COOPERATION OF ALL THE STATES IN SUCH AREA SHALL HAVE BEEN APPROPRIATED. EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE BEEN DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT. BY THIS ACT IT IS REQUIRED THAT ALL PRINTING MUST BE DONE AT THE GOVERNMENT PRINTING OFFICE UNLESS THE JOINT COMMITTEE ON PRINTING SHALL AUTHORIZE PRINTING FOR A FIELD SERVICE TO BE DONE ELSEWHERE.

A-17990, APRIL 12, 1927, 6 COMP. GEN. 665

PRINTING,"PRINTS OR CUTS" - DEPARTMENT OF AGRICULTURE THE VARIOUS PROCESSES OF PRODUCING "PRINTS OR CUTS" FOR LOAN TO NEWSPAPERS FOR USE IN ILLUSTRATING ARTICLES TO BE PUBLISHED IN CONNECTION WITH THE WORK OF A DEPARTMENT WHILE RELATING TO THE ART OF PRINTING, DO NOT CONSTITUTE PRINTING WITHIN THE MEANING OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, REQUIRING ALL PRINTING TO BE DONE AT THE GOVERNMENT PRINTING OFFICE, AND SUCH "PRINTS OR CUTS" MAY BE PROCURED ELSEWHERE BY CONTRACT ENTERED INTO IN ACCORDANCE WITH LAW.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, APRIL 12, 1927:

I HAVE YOUR LETTER OF APRIL 2, 1927, REQUESTING DECISION WHETHER "PRINTS OR CUTS" PROPOSED TO BE LOANED TO NEWSPAPERS FOR USE IN ILLUSTRATING ARTICLES TO BE PUBLISHED IN CONNECTION WITH THE WORK OF THE DEPARTMENT IN THE ERADICATION OR CONTROL OF THE EUROPEAN CORN BORER, AUTHORIZED BY THE ACT OF FEBRUARY 9, 1927, 44 STAT. 1065, MAY BE PROCURED FROM COMMERCIAL CONCERNS AND PAYMENT THEREFOR MADE FROM THE APPROPRIATION MADE BY PUBLIC RESOLUTION NO. 55, APPROVED FEBRUARY 23, 1927.

PUBLIC RESOLUTION NO. 55, 44 STAT. 1177, PROVIDES:

THAT TO ENABLE THE SECRETARY OF AGRICULTURE TO CARRY INTO EFFECT THE PROVISIONS OF THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE ERADICATION OR CONTROL OF THE EUROPEAN CORN BORER," APPROVED FEBRUARY 9, 1927, INCLUDING ALL NECESSARY EXPENSES FOR THE PURCHASE OF EQUIPMENT AND SUPPLIES, TRAVEL, EMPLOYMENT OF PERSONS AND MEANS IN THE DISTRICT OF COLUMBIA AND ELSEWHERE, RENT OUTSIDE THE DISTRICT OF COLUMBIA, PRINTING, PURCHASE, MAINTENANCE, REPAIR, AND OPERATION OF PASSENGER CARRYING VEHICLES OUTSIDE THE DISTRICT OF COLUMBIA, AND FOR SUCH OTHER EXPENSES AS MAY BE NECESSARY FOR EXECUTING THE PURPOSES OF SUCH ACT, THERE IS APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, THE SUM OF $10,000,000, TO REMAIN AVAILABLE UNTIL JUNE 30, 1928; PROVIDED, THAT NO PART OF THIS APPROPRIATION SHALL BE EXPENDED UNTIL ALL THE STATES IN THE PROPOSED CONTROL AREA SHALL HAVE PROVIDED NECESSARY REGULATORY LEGISLATION AND UNTIL A SUM OR SUMS ADEQUATE IN THE JUDGMENT OF THE SECRETARY OF AGRICULTURE, TO THE COOPERATION OF ALL THE STATES IN SUCH AREA SHALL HAVE BEEN APPROPRIATED, SUBSCRIBED, OR CONTRIBUTED BY STATE, COUNTY, OR LOCAL AUTHORITIES, OR INDIVIDUALS OR ORGANIZATIONS: PROVIDED FURTHER, THAT A REPORT SHALL BE MADE TO CONGRESS AT THE BEGINNING OF THE FIRST REGULAR SESSION OF THE SEVENTIETH CONGRESS SETTING FORTH IN DETAIL A CLASSIFICATION OF EXPENDITURES MADE FROM THIS APPROPRIATION PRIOR TO NOVEMBER 1, 1927.

SECTION 11 OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, PROVIDES IN PART AS FOLLOWS:

* * * THAT ON AND AFTER JULY 1, 1919, ALL PRINTING, BINDING, AND BLANK- BOOK WORK FOR * * * EVERY EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, AND ESTABLISHMENT OF THE GOVERNMENT, SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE BEEN DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

BY THIS ACT IT IS REQUIRED THAT ALL PRINTING MUST BE DONE AT THE GOVERNMENT PRINTING OFFICE UNLESS THE JOINT COMMITTEE ON PRINTING SHALL AUTHORIZE PRINTING FOR A FIELD SERVICE TO BE DONE ELSEWHERE.

THE QUESTION HERE FOR CONSIDERATION AND DETERMINATION, THEREFORE, IS WHETHER THE PROCESS OF PRODUCING THESE "PRINTS OR CUTS" CONSTITUTE PRINTING WITHIN THE MEANING OF THIS STATUTE.

IT IS UNDERSTOOD THAT THE "PRINTS OR CUTS" REFERRED TO IN YOUR SUBMISSION ARE ENGRAVED BLOCKS OR PLATES PREPARED BY HAND OR MECHANICAL MEANS OR REPRODUCTIONS THEREOF, PRELIMINARY TO THE PROCESS OF PRINTING, AND THAT THESE BLOCKS OR PLATES ARE TO BE SENT OUT TO THE VARIOUS NEWSPAPERS IN THE LOCALITIES WHERE THE CORN BORER ERADICATION WORK IS IN PROGRESS, TO BE USED BY THEM IN THEIR PRESSES IN CONNECTION WITH ARTICLES WHICH THEY MAY PRINT. IF THIS UNDERSTANDING IS CORRECT IT WOULD APPEAR TO BE CLEAR THAT THE PROCESS OF PRODUCING THE "PRINTS OR CUTS," WHILE RELATED TO THE ART OF PRINTING, DOES NOT, WHEN PERFORMED AS A SEPARATE UNDERTAKING, AS IN THIS INSTANCE, CONSTITUTE PRINTING WHICH IS REQUIRED BY THE ACT OF MARCH 1, 1919, TO BE DONE AT THE GOVERNMENT PRINTING OFFICE, AND, THEREFORE, THAT SUCH "PRINTS OR CUTS" MAY BE PROCURED ELSEWHERE BY CONTRACT ENTERED INTO IN ACCORDANCE WITH LAW.