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STATE OF NEW YORK: 



.} 



Attorney-General's Office, 

 Albany, November 13, 1889. 



To the Forest Commission : 



I have a communication from your honorable commission, in which 

 you present to me the following facts: 



In December of last year you presented to the person having the 

 contract for Legislative printing, a copy of your report for the then 

 current year. Such contractor proceeded to set up and print such 

 report. Subsequently, and prior to the first of January, it was found 

 that the list of State lands in the forest preserve contained in such 

 report, and covering from page 113 to page 400 of the printed book, 

 was incorrect and misleading as a public record. The secretary of 

 your board, after procuring the correct copy, desired said contractor 

 to "kill " the printed matter and composition and substitute the new. 

 The said contractor refused to do so without the written consent of 

 your board. Thereupon, on the 19th day of December, 1888, your 

 commission made a written request upon such contractor, as follows: 

 " Will you be kind enough to reprint for ,this commission, for their 

 annual report, eighteen signatures of sixteen pages each, at the rate 

 specified in your statement, namely : 



Composition $351 36 



Printing 5,000 copies. ..'. 720 00 



Printing 719 copies 84 60 



Total '. $1,155 96 



Tours very truly. 



ABNER L. TRAIN, 



Secretary. 



Thereupon the contractor reprinted 5,719 copies of the corrected 

 matter. He now presents a bill to your commission for such work 

 which calls for the payment of $955. 



It is conceded that the rate at which the charges are made for 

 such work is the same as specified in the contract for State printing. 



Upon the foregoing facts, you ask my opinion whether you have 

 power to approve such a bill. 



As to the item for composition, $351.36, and the item for printing 

 719 copies, $84.60, there would not seem to be much doubt as to the 

 liability of the State. 



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