Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1835-02-26

frdct mentioned In the 10th section III the
act of March 8, 1925, and when. and ho,y
did he consider that contract as - eonel,,d
edy" Ii the written and sealed obligation
to convey the mail. which in the common
J language or the officers Of the department,
are called "the coatracfs,n be so within the
meaning OF that section Of the law, then
70 that provision violated in all the cases
~ which that bond is executed. and
The contract concluded" FOR the perform.
ance OF service different from that which
70 set forth in published proposals. The
law requires that before contract be en-
tered into the precise service 10 be perlor-
med shall be distinctly designated in a
published advertisement. II different ser
vices are accepted in the bid, il 10 as If no
advertisement had been made: or ,cor,e
Tor II makes the advertisement bat false
sign which serves to deceive rather than
notify the public of what is 10 be perform.
Ell. II cannot al all change the case that
'oefe 10 also proposition in the same pa
per pursuant TO the advertisement. Tr
'hat Is not the bud which is bena fde &c
cepsed, II IS at the same time as il il were
not there. III It be accepted, and il the
acceptance be the contract, then a new
question arises. Has the p. Nj. Gen. a
right to change and enlarge the contract
by private arrangement with the coptrac.
torp Under the provisions of this section !,
Is clear that he has not. He cannot change
II without another public notice. pursuant
TO tue statue, setting forth the proposed
modificatiou as new contract, and ,nvit.
ing competition. Ii no other clause in the
law authorized it, the Postmaster General
could not change or modify any contract.
nor order any extra service, nor pay any
extra compensation by private contract
but public notice must have been given
and competition invited for each increase
oil service and OF compensation. But the
law permits that contracts be entered into
Tor four years, and within that time the
wants oil the country may require achanse
IN The time and manner OF Transporting
the matt on any given route, aud 1t would
be announcement 10 provide in that manner
Tor small but necessary alterations. Yet
all The difficulties which might arise from,
this state Of things are obyiatet bv The
forty third section Of the act of Congress-
above referred TO, which permits. by inn.
pllcation, an additional allowance of extra
pay for increased services; but il il ex.
allowance shall be made to any contractor
or carrier OF any mail on any route over
and beyond the amount stipulated in his
contract entered into for the transportation
OF the mail on such route unless additional
service shall be required, and then no
such additional compensation shall be al
lowed to exceed the esoct proportion of the
original amount to the additional duties
required"
Whether il was by the supposed author
ity OF this section OF the act, or Of that n.
bove referred to, or whether il was with.
out reference 10 either that the Postmaster
General entered into these contracts. is
unknown to your committee.
This subject WAS briefly touched bv
them in the report laid before the Senate
at the last session and about the time of
the adjournment Of Congress a paper
bearing the signature oil the Postmaster
General and styled /" An Address 10 the
people Of the U 81" issued from The office
OF the Official Journal, in which paper the
p. Nj. Gen. notices the fact that .lLe COM
mlttee animadvert upon this class of CON
tracts" He speaks also of the na nner
in which some OF these bids and acceptan-
ces were made, especially those ofStock.
ton and Neil, and Reside and Slaymaker.
They made" he says, "afn each case
two propositions the smaller was first
accepted afterwards. for the better &C.
commodation Of the public, the greater
service was required. and Of course, the
higher compensation given )" but he re
iers to no law. and he advances no reason
on which those modified contracts can be
sustained.
Your COMMITTEES are Of opinion that they
cannot be sustained by the legal provision
last above cited, because they do not. in
any Of the cases which they have examin.
ed, bear " an exact proportion" in the
language Of that section. or. 10 truth, any
just and fair proportion TO the compensa.
ton allowed for services by the old bid
made and accepted pursuant to the adyer.
tisement. Take, for example, the route
from Philadelphia to Pittsburgh, which
was first accepted daily at $1,000, and
which, by the modified contract, pursuant
to the improved bid. is carried. as is allie.
ged, twice daily 10 Pittsburgh at S25 900,
and extended TO Wheeling al 81 600; one
Of the lines from Philadelphia TO Pittsburgh
running at an increased speed Now il
can hardly be established, as mathema-
teal proposition, that, If daily mail cost
$1,000, that mail twire daily should, by
exact proportion, cost s25 900 nor do we
think that any one who understands the
nature and value Of the service will be
prep<fed to say that the one bears any
fair proportion to the other. II were vain
to urge, as an apology for such excessive
increased allowance, that there is no meals
OF arriving at the true proportion which
the original bid and the increased allow.
ance bear 10 the service rendered under
each, or TO each other.
If such proportion cannot be arrived at,
the law forbds the increased allowance
But IN truth. no law applies 10 this species
ofcontraet; it is neither an original contract
which the law will recognize. nor aiegal
extra allowance for increased services !: il