A-8356, DECEMBER 7, 1925, 5 COMP. GEN. 411

A-8356: Dec 7, 1925

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PRINTING FOR UNITED STATES COURTS MAY BE DONE ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE UPON A CERTIFICATE BY THE COURT THAT "IN HIS OPINION SUCH WORK WAS URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA" FOR THE EXCLUSIVE USE OF THE COURT. IF ACCOMPANIED BY A SHOWING THAT "IN THE OPINION OF THE COURT" IT WAS IMPRACTICABLE TO HAVE SUCH PRINTING DONE AT THE GOVERNMENT PRINTING OFFICE. 1925: I HAVE YOUR LETTER OF OCTOBER 28. EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT. AS FOLLOWS: THAT THE DEPARTMENTS HEREINAFTER MENTIONED ARE AUTHORIZED TO PROCURE SUCH FIELD PRINTING AS MAY BE IMPRACTICABLE TO HAVE DONE AT THE GOVERNMENT PRINTING OFFICE AND NECESSARY FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

A-8356, DECEMBER 7, 1925, 5 COMP. GEN. 411

PRINTING AND BINDING - UNITED STATES COURTS IN VIEW OF THE PROVISIONS OF PARAGRAPHS 101 AND 126 OF REGULATIONS NO. 17, OF THE JOINT COMMITTEE ON PRINTING, ISSUED PURSUANT TO THE ACT OF MARCH 1, 1919, 40 STAT. 1270, PRINTING FOR UNITED STATES COURTS MAY BE DONE ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE UPON A CERTIFICATE BY THE COURT THAT "IN HIS OPINION SUCH WORK WAS URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA" FOR THE EXCLUSIVE USE OF THE COURT; OR UPON A CERTIFICATE SIMILARLY WORDED BY A UNITED STATES ATTORNEY, CLERK OF COURT, OR SPECIAL ASSISTANT TO THE ATTORNEY GENERAL, IF ACCOMPANIED BY A SHOWING THAT "IN THE OPINION OF THE COURT" IT WAS IMPRACTICABLE TO HAVE SUCH PRINTING DONE AT THE GOVERNMENT PRINTING OFFICE.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, DECEMBER 7, 1925:

I HAVE YOUR LETTER OF OCTOBER 28, 1925, RELATIVE TO THE MATTER OF PRINTING FOR UNITED STATES COURTS DONE ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE AND REQUESTING DECISION AS TO WHO MAY BE REGARDED AS THE "RESPONSIBLE OFFICER" AUTHORIZED TO CERTIFY AS TO THE NECESSITY FOR HAVING SUCH PRINTING DONE ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE.

YOU STATE THAT IT WOULD BE DIFFICULT IN MANY INSTANCES TO SECURE A CERTIFICATE FROM THE JUDGE AND THAT IT SEEMS UNREASONABLE TO REQUIRE A UNITED STATES ATTORNEY TO TAKE A CASE OR GROUP OF CASES, WHICH HE HAS BEEN HANDLING, TO THE JUDGE OR JUDGES OF HIS DISTRICT AND REQUEST THEM TO MAKE A CERTIFICATE OF THE IMPRACTICABILITY OF HAVING THE NECESSARY PRINTING DONE AT THE GOVERNMENT PRINTING OFFICE.

WITH RESPECT TO FIELD PRINTING, THE ACT OF MARCH 1, 1919, 40 STAT. 1270, PROVIDED:

* * * THAT ON AND AFTER JULY 1, 1919, ALL PRINTING, BINDING, AND BLANK- BOOK WORK FOR CONGRESS, THE EXECUTIVE OFFICE, THE JUDICIARY, AND 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 DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

PURSUANT TO THIS PROVISION OF LAW THE JOINT COMMITTEE ON PRINTING HAS PROMULGATED REGULATIONS FROM TIME TO TIME SETTING FORTH WHAT CLASSES OF WORK COULD BE DONE ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE UNDER CERTAIN LIMITATIONS AND PRESCRIBING THE MANNER IN WHICH THIS COULD BE ACCOMPLISHED. REGULATIONS NO. 17, PUBLISHED BY THE COMMITTEE AS OF JULY 1, 1925, PROVIDED IN PARAGRAPH 101, AS FOLLOWS:

THAT THE DEPARTMENTS HEREINAFTER MENTIONED ARE AUTHORIZED TO PROCURE SUCH FIELD PRINTING AS MAY BE IMPRACTICABLE TO HAVE DONE AT THE GOVERNMENT PRINTING OFFICE AND NECESSARY FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT, PROVIDED THE SAME IS WITHIN THE LIMITATIONS OF AVAILABLE APPROPRIATIONS AND THE REGULATIONS OF THIS COMMITTEE, AND THE RESPONSIBLE OFFICER IN THE FIELD UNDER WHOSE AUTHORITY SUCH PRINTING IS PURCHASED OR OBTAINED SHALL CERTIFY WITH RESPECT TO EACH JOB, EXCEPT THOSE HEREINAFTER AUTHORIZED TO BE PERFORMED AT GOVERNMENT PLANTS, THAT IN HIS OPINION SUCH WORK WAS URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF THAT FIELD SERVICE, AS FOLLOWS:

UNDER DEPARTMENT OF JUSTICE, IT IS PROVIDED IN PARAGRAPH 126:

UNITED STATES COURTS.--- SUCH RECORDS, TRANSCRIPTS, BRIEFS, AND OTHER NECESSARY PAPERS REQUIRED FOR OFFICIAL USE AS IN THE OPINION OF THE COURT IT IS IMPRACTICABLE TO HAVE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT RECORDS PRESCRIBED BY THE ATTORNEY GENERAL, WHICH SHALL BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE. THE PRINTING AND BINDING OF RECORDS WHERE THE COST IS DIVIDED BETWEEN THE GOVERNMENT AND THE PRIVATE LITIGANT MAY ALSO BE DONE ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE. FOR THE FISCAL YEAR 1926, NOT TO EXCEED $60,000.

CONSIDERING THESE TWO PARAGRAPHS IN RELATION TO EACH OTHER, IT WILL BE SEEN THAT IN THE FIRST IT IS PROVIDED THAT THE "RESPONSIBLE OFFICER" IN THE FIELD SHALL CERTIFY WITH RESPECT TO EACH JOB THAT IN HIS OPINION SUCH WORK WAS URGENT AND NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF THAT FIELD SERVICE. IN PARAGRAPH 126, IT IS PROVIDED THAT SUCH PRINTING "FOR OFFICIAL USE AS IN THE OPINION OF THE COURT IT IS IMPRACTICABLE TO HAVE DONE AT THE GOVERNMENT PRINTING OFFICE" MAY BE DONE ELSEWHERE. THE EFFECT OF THESE TWO PARAGRAPHS IS THAT PRINTING FOR A UNITED STATES COURT IS AUTHORIZED TO BE DONE ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE ONLY UPON A SHOWING THAT "IN THE OPINION OF THE COURT" IT WAS IMPRACTICABLE TO HAVE IT DONE AT THE GOVERNMENT PRINTING OFFICE AND A CERTIFICATE FROM THE RESPONSIBLE OFFICER IN THE FIELD, WITH RESPECT TO EACH JOB, THAT "IN HIS OPINION SUCH WORK WAS URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA" FOR THE EXCLUSIVE USE OF THE COURT. IF THE CERTIFICATE REQUIRED UNDER PARAGRAPH 101, SUPRA, IS MADE BY THE COURT, IT WILL MEET THE REQUIREMENTS OF PARAGRAPH 126 ALSO; BUT IF SAID CERTIFICATE IS MADE BY A UNITED STATES ATTORNEY, A CLERK OF COURT, OR A SPECIAL ASSISTANT TO THE ATTORNEY GENERAL, THERE MUST BE FURNISHED IN ADDITION THERETO A SHOWING THAT "IN THE OPINION OF THE COURT" IT WAS IMPRACTICABLE TO HAVE SUCH PRINTING DONE AT THE GOVERNMENT PRINTING OFFICE.

IF, AS YOU STATE IN YOUR LETTER, THE REQUIREMENT OF HAVING THE COURT EXECUTE SUCH CERTIFICATE WOULD BE DIFFICULT AND UNREASONABLE AND MORE OR LESS A PERFUNCTORY PROCEDURE, THE MATTER IS PROPERLY FOR THE CONSIDERATION OF THE JOINT COMMITTEE ON PRINTING IN THE ISSUANCE OF ITS REGULATIONS. THE ACT OF MARCH 1, 1919, SUPRA, IS MANDATORY IN ITS PROVISIONS THAT ALL PRINTING, BINDING, ETC., 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 DONE ELSEWHERE, AND THE REGULATIONS PRESCRIBED BY SAID COMMITTEE MUST BE ACCEPTED AS ITS DETERMINATION OF WHAT IT CONSIDERS URGENT AND NECESSARY. ACCORDINGLY, IN THE SETTLEMENT OF ACCOUNTS AND CLAIMS CREDIT MAY BE ALLOWED ON ACCOUNT OF PRINTING DONE ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE ONLY UPON A SATISFACTORY SHOWING THAT SAID REGULATIONS HAVE BEEN COMPLIED WITH, AND THAT UNDER SAID REGULATIONS THE WORK WAS AUTHORIZED TO BE DONE ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE.