3 S.D. 352 | S.D. | 1892
This is an original application to this court for a writ of prohibition restraining the defendant, who as secretary
In the fact, and number and matter of its classification, the law under consideration seems to follow that of Minnesota, but in the latter law each class is followed by the words, “and shall be let in one contract.” In North Dakota, under a similar classification, the law requires the first and second classes to be let together, in one contract, and the 3d, 4th, and 5th in separate contracts. We think the same thought, as to putting the work of each class in a contract by itself, though not so perspicuously expressed as in Minnesota law, is covered by the words of section 4-: “He (secretary, of state) shall award separate contracts for each class of printing described herein,” etc. It was suggested in the' argument that if it were so intended the language of the law should have been that “a separate contract,” instead of “separate contracts,” should be awarded for each class. This is a fair criticism on the grammar of the law, but, if allowed to control its meaning, would lead to results so unreasonable as to repel the thought that the expression, “separate contracts for each class,” was used deliberately, instead of “a separate contract for each class;” for, if thus critically construed, the law itself would prohibit the letting of all the work of any class in one contract, for it would require it to be let in “separate contracts;” that is, in more than one contract. Reading and construing all the provisions of the law together, we have no doubt that its intention was to follow the theory of the Minnesota law, and to require that all the work enumerated in each class should be let in one separate contract, and that it is not allowable to break into these classes, and let selected portions of the same class to different parties,— as to one the printing and to another the binding of the journals mentioned in the second class. We are therefore of the opinion