Lewis, 090431 PAAGO, AGO 24

• Case Date: September 04, 1931
• Court: Pennsylvania

Honorable S. S. Lewis AGO 24 Opinion No. 24 Pennsylvania Attorney General Opinions Opinions Of the Attorney General September 4, 1931          Supplies—Reciprocal Purchase of by Dept. of Highways—Extent of Prohibition of as to Articles Manufactured in Other States.          Under Section 523 of The Administrative Code of 1929 as amended by Act No. 144 approved June 1, 1931, no supplies manufactured in Minnesota can be purchased for use by the State of Pennsylvania on its public works.          Honorable S. S. Lewis,          Secretary of Highways,          Harrisburg, Pennsylvania.          Sir: We have your inquiry whether, under Section 523 of The Administrative Code of 1929, as amended by Act No. 144, approved June 1, 1931, you should reject materials, supplies and equipment manufactured in Minnesota, by reason of certain laws of that State. Section 523 of The Administrative Code, as amended, provides as follows:

'' Reciprocal Limitations upon the Purchase of Supplies and Materials.—It shall be unlawful for any administrative department, board, or commission to specify for or permit to be used in or on any public building or other work erected, constructed, or repaired at the expense of the Commonwealth, or to purchase, any supplies, equipment, or materials manufactured in any state which prohibits the specification for or use in or on its public buildings or other works or the purchase of supplies, equipment, or materials not manufactured in such state."

         There are three provisions in the Minnesota laws, to which you refer, and which are quoted at length from Mason's Minnesota Statutes (1927) Vol. 1:

"Section 4430. RULES—Said board shall make specific rules as to the manner in which supplies shall be purchased and contracts made for the several institutions, so as to insure competition and publicity. Any person desiring to sell supplies to an institution, who shall file with the chief executive officer thereof, and with the secretary of the board, a memorandum showing his address and business, shall be afforded an opportunity to compete for the furnishing of supplies, under such rules and limitations as the board may prescribe. In purchasing supplies, preference shall be given to Minnesota dealers when it can be done without loss to the state. Samples furnished shall be properly marked and preserved for six months after purchase of such supplies."

"Section 4434. Material produced in state to be given preference in public

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