Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1845-03-21
Tho W ilmin gton md Il aleigh Hail Road

Our readers will remember that dis
pute has been pending for some time be-
lw cen the Rail Road Company and the
Post Master Generator rather the late
Post Master General-about the compen
salion which the Company ought to receive
from the Department. for transferring The
great mail. We presen, to our reader in
another column, The opinion Of the Gem
pany's legal adviser. the Hon. VIM. II.
HAYWOOD, which we find in the last
"Chronicle." The gist Of Mr. Hayv COTS
opinion is, that tile contract between the
Department and The Company is not such
a one as would be binding upon ii to car
ny the Mail if it thinks proper not to DO so;
bu, at the same time, sufficiently so to pre-
vent the Post NJ asler General from IN
creasing the compensation as he would
thereby be acting contrary TO the spirit OF
the &C, Of Congress. which prohibits HIM
from increasing the pay, unless i'll case oil
increased services.
To the WIhxington and
Raleigh Rail Road Company:
BY the correspondence between the VIII
mington and Raleigh Rail Road Company and
the Post Office Department, 1t appears that,
in the year 1919. the Company agreed to con-
vcy the y. $. Mail from Weldon to Charles
ton and from Charleston to Weldon, daily, at
the certain price of $4,000 per yer. In COM
muncatns the resolution of the Directors, &C.
cep,ing the offer Of that price, the President of
the Company uses the following language:
"Nothing has been said by the Directors. re-
''lative TO the time to run IN, believing that
''she mutual interest of the Government and
",he Company wonid influence you to give
''what is necessary, if IN your power. Less
than 80 hours i, Guild be idle for us to un-
"dertake he passage. Indeed, we should
''have % to IS hours, 10 insure any thing like
ceTtnnty Of conneXlon Tor the Mail. and for
IS ourselves, for passengers" Although much
was said. in subsequent letters, about the
time in which the daily tips were to I've per-
formed and upon ether details Of the service,
connected with the Mail Route, it may be as.
snmed, (as | think the fact was,) th~t the
time was never fixed and determined by the
mutual agreement of both parties. Yet, the
Raj! Road Company continued TO carry the
Mail, and received payment theref r, at the
rate Of $4,000 per year, until December,
1874, when by resolution Of the Directors.
sanctioned by the Stockholders, and forwar-
ded to the Post Master General, they surrcn-
dered the contract, as OF list January, lS45,
unless the Post Office Department would Tn
crease the prize t. be paid for the service. The
Post Master General thereupon declined 10
comply with the demand for the increase Gi
= price, and accepted the surrender, by employ
ing other contractors to convey the Mail upon
another Route, and issued orders, accordingly.
, with notice to the Company. The Pos, Mas
ter General assigned as reason for not increa.
sing the price to be paid TO the Wilmington
and Raleigh Rail Road Company, that the
said Company had become contractors fol
four years, and, therefore, that he was forbid
den to do so by Act Of Congress, no matter
: what might be his opinion upon the lnadequa
cy Of the price already agreed upon-and thai
he need not cause n inquiry ID be made, up.
on that point, lnasmuch as he had no Lawful
right to increase the mpensation-bu,, if the
Company would resume the service, at the
. Price originally agreed for he would direct the
Mail to be restored.
q 10 all this. the Company reply, that they
desire nothing beyond re sonabe and AIDE
quate prlce-,hat they are willing and anxious
to have that matter inquired into, by the Pos
Master General, himself, or by Agents Of hi:
n
Post Master General is forbidden, by law, ,e
make extra allowances to contractors, for car
rying the Mail; over and beyond the stipula
: tons in the contract. But they insist that th,
Wilmington and Raleigh Rail Road Compa
o ny are not ~ contractors" because they say
LIST, that there was no valid and complete a
g:eement between them and the Government
Il for carrying the Mail-2d, that if there has
been one, the same had been waived by alter
!. ing the time and other material details-3d
that it had been surrendered and accepted
and therefore. they allege that their deman
u ought TO be considered by the DEPARTING mt an'
disposed OF, upon its merits, and that the Ac
of Congress does not forbid it..
A careful examination of the volaminou
n correspondence, has enabled me to ascertain
: the foregoing facts, and to consider the ques
ton which has been submitted to me, as
i Counsellor at Law, by the Company, aud tina
p is. whether the Company are contractors O
not? And, upon such consideration, am en-
Il abled to answer as follows:
r. If suit Were commenced. or threatened, q
e gainst the Company, for refusing to perforr
% the Mail service, alluded to, it is very certai
IL that the company need not resume it on ae
S. connt Of any apprehension about the result.
y confidently believe that such suit could nc
be successfully prosecuted. My reasons fe
. this opinion will not be assigned, herein, bt
}" cause the sequel will show that, in the vie,
s, | have taken Of the subject, it would be unne
D. cessary. Whether the Company will resum
Is and continue their service of the Government
: at the price Of $4,000 per year, until the e,
" piraiion of four years after 1913, is, therefore
re a question to be feterminedsby them, rpo
G. considerations, wholly distinct from any lcg;