In re Gemmill

Citations

• 20 Idaho 732
• 119 P. 298
• 1911 Ida. LEXIS 129

Syllabus

<p>Constitutional Law — Public Printing — Interstate Commerce— Bqual Protection or the Law.</p> <p>(Syllabus by the court.)</p> <p>L Sections 1475 and 1476 of the Bev. Codes, which require that state and county printing, binding and stationery work, shall be done -within the state and within the county where required for use, is not an interference with or regulation of commerce and is not repugnant to the commerce clause of sec. 8, art. 1, of the federal constitution.</p> <p>2. Secs. 1475 and 1476, which provide that the printing, binding and stationery work shall be done within the state and the county in which it is to be used, does not interfere with or restrict the right of any person to freely contract, nor does it deny to any person the equal protection of the law and is not repugnant to the provisions of sec. 1 of the fourteenth amendment of the federal constitution.</p> <p>3. Secs. 1475 and 1476, Rev. Codes, refer only to the work to be done in printing and binding and such work as is neeessary to prepare paper, books and stationery for public use in the respective state and county offices, and have no reference to the purchase of the material itself upon whieh the work is done, and make no attempt to deprive any person of the right to sell to the state or county any material whieh may be needed for sueh public use. These sections of the statute, on the contrary, simply prescribe the locality or situs where certain work to be done for the people in their corporate and sovereign capacity shall be performed, and such statute is a constitutional exercise of the power of the legislature to prescribe by law the duties of state and county officers and to command them as to the manner in which they shall exercise certain powers in performing the business and proprietary duties of their respective offices.</p> <p>4. Secs. 1475 and 1476, Rev. Codes, are not in violation of any public policy of this state, and cannot for that reason be held invalid and void, and with