New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-03-05
Reply Of the Executive Committee

Cemmiftcc Of Peat-Gfices and Post-Roa ds
If the House Of Representatives Of the
UEIfed saies, by Zion. Cave johnson,
POsunaster.General.
In the month of October last Committee Of the
Joint Board Of Directors Of the Delaware and Rsrii4a
Canal and Camden ami Amboy Railroad aud Transport
alton Companies made report 70 the ioint Board on
tho subjsct Of the transportation Of TIC Mails between
New-York and Philadelphia. To this reply has been
made by the Postmaster General IN letter published IN
the present month. addressed 10 Hon c. ". Hopkins
which contains statements allegations and reasoning
which 10 the opinion Of the Executive Committee OF
the Companies, require CORRECTION denial and reiGtA-
ton.
whole question s settled by the authoritative declaration
Of the Postmaster General that the accuracy Of is (the
RepOIts) allegations and the justice Of - complaints
YOU can Judge when assure you that the schedue Il
deuounces a. being ordered In the absence OF al right
had full authority 10 prescribe under the powers con
ferred by law upon tue POsmaster-Gen How far
be is Justified Ia this declaration and IN MS subsequent
statements will be made 10 appear in the sequel lie
proceeds The right Of the Department 10 prescribe al
what hours the mail shall be conveyed upon ts routes
exists in every case unless surrendered b. tne Port
fn.sereueral in the contract In this case there was
no subtng contract and the ast contract between the
Company and the Department expressly recognised TIC
eht OF the Pos,ma eneTa 10 alter this schedule.
The endcayor to maize ont an admission by the Depart
men sgsinst is right to change this schedule Is done
regret 70 see BIZ means OF letter relating - diner
ent schedule. which had been placed By the contract
and the correspondence OF the parties on footing en-
uraly the reverse OF toe schedule IN qeson IN FesP-c
% the power OF tho Postmaster 0ener'i over T.
In order in the examination Of the letter OF hr joan
SON which We propose that there may lie no a9prcaen-
sion arising from garbcd extracts, We annex the con
tract and schedule OF 1910.
The schedule is subject TO alteration By the Posmas-
ter.Gcnera sgreeaby 10 the provisions contained IN
ninth section Of the contract
Article Q. Thstf The PostmasterG enera shall dir
a change othe hours of departure and arrival set forth
Il. A l. - H.. r.rW lima md n.
contractor shall not comply with such directions, he
sha have the power snnu the contract on giving ten
DAYS notice Of bis intention to do and that II the con-
tractor shall require change OF the departure and ar
rival IN the morning line, and the FO'tn asier-ue
shall not sgree thereto the contractor shall have power
close the service giving not less than Ten days no.
uce Of his intention 10 do so.
Il will hcn be perceived by this ninth article that the
Pofima teri General had the night 10 ofeci cnange Vi
the hours Of departure and arrival OF the evening Ane
snd that the contractor refused 20 comply be had the
power 90 annu the contract on giving ten days notice
OF his intention 90 do 10 is altogether IN reference
TO the change Of the schedule Of this line that the con
troyery between tie Department and the Company has
arisen
The question thus becomes narrowed down 70 a very
small compass Did the Company refuse 70 comply with
the direction for change OF hours Of departure or arm
val did they accept the schedule ordered under
tho power conferred by this article II they refused 10
comply, the remedy OF the Department was plan ana
simple to snnul the contract upon ten days notice. H.
however. alter tnclr refusal, lhlled GO
nued employ their services then the parties were re-
stored to the position they respectively occupied before
thessuing of the new order and the Companies became
by the decision OF the Department itself entitled 70 all
the rights and privileges secured TO them in the contract
under which they were holding over
But it. on the other hand, the Company did accept this
schedule they have right 70 complain aiterward OF
its injustice or its hardship The simple question then
seems 10 be Did or did they not accept this schedule
The General IN his letter states as fact
what tho Company most emp hatcaly and positively de.
ny tia. submitted 70 the Companies ior their CON
sideraton before being ordered-was not objected TO-
and was duly and cheerully carried into elect II Is
most respectfully asked when where how and 70 whom,
was il ever submitted before being orderedi With re.
gard 10 the Camden and Am0Oy Company and the Pha-
phis and Trenton Railroad Company. the allegation 10
altogether and entirely without ioun 5ston so far from
this being true tho schedule ordered on the 10Th
day of February 1916, TO 90 into effect on the 10th
March, and the 5h day OF March ten days before u
was 10 10 into operation the President OF the Phiadel
pha and Trenton Railroad Company. thus refused TO
comply with it's terms ." beg leave 10 acknowledge
the receipt OF your communeation OF the th Oh teD
Iuary last and in reply resrd that the Philadelphia and
Trenton Railroad Company cannot accept ne schedule Tor
Route No l20l ordered by the Postmaster General -
This refusal sufficiently plain and explicit and
yet with this before him. the PosmasterGeneral in bis
letter under consideration boldly declares that il
was duiy aud ckeefly cayyisd into sfec" The first
time probably since the organization Of the Department
that direct and positive refusal was construed into
due and cheerful compliance But tss.sl IN order that
there might be no mistake see 70 tne objections
of the Company the resident ADDS mat IN running
al the;y Inns a. much expedition Will be given TO the
nsils "a circumstances and safety will permit but not
withdrawing the route Is very frequently run In i've
hours from city TO city yet the Company are MOI willing
their former contract with the Postoce Department
And vet even this declaration, according 10 the new
mode OF Interpretation adopted by the fost once De-
partnent Is O due and ckeefuF compliance Again on
the 18th day Of July ensuing upon receiving nouce Of
certain fines having been imposed for non arrival within
the time specified ia the schedule the parties who
go caeerfly carried il into effect thus address them
selves 10 the PostO Office Departmental reply 10 tAc
ostscrp 10 the nted circular stating the failures OF
the mail arrive at Philadelphia in sctedae FINE on the
2lst of June and 3D. 18th, 9Th and 9th OF July you VIII
permit me 10 say that me only schedule time recoshLed
by the Railroad Companies on Route no. 4JVi IS tne
schedule time of their contrrct and not that ordered by
the GENERAL, tbs 10Th DAY OF February
last" Another striking evidence viii be perceived OF
the truth Of the Postmsstereneras sAesauon tnat u
was duly and cheerfuly carried into elect Bat
enough has been said without referring 20 other com
municatons 10 make Il manifest that the Head OF the
Department has other been greatly deceived or - ros'
IN Ignorant OF tie circumstances CONNECTED "Ah inc
present controversy.
The PostmasterCeneral expresses regret for an en-
deavOr 10 make admission against MS rsht 70
change the schedule by means OF letter resuns TO
different schedule" We cannot doubt that the regret
he expresses is his pert IN reiereqee 10 this
letter OF the Department for in is admissions Win re-
gard the morning line il admits every tnng Ae l9li
directors contend for in the evening me me seheaS
same contract a1d the decision OF the Department must
therefore apply 10 both alike. And What was ihAt de-
cision That as no contract had yet been entered
into under the last advertisement the service you lle
Cou,nanes) render is thst prescribed by the last con
tract under which you hold over and again, The o!d
contract is 10 bs referred containing the only ey
depes of agreement between the parties. Il Is upon
hs decision that the Companies rest their case aud al
rn that the course pursued by the Department IN rel
erence 10 them is plain violation oil the provisions
that contract sad Of i8 own decisions IS to Us oohsa
tons.
The Postmaster General then next states, that II
the month of September there occurred remarkable
series Of mail failures, and that instead OF arriving
Philadelphia in the time prescribed by the sehecue h'
cars did not reich the city until after the Southern Tan
had let for Baltimore and that no excuse was offered
for these failures Ii by failures he means ne non ar
rival CT the trin by 10 O'Clock p NJ he - undoubtedly
correct In ,hai month the mails were frequently no
delivered al tho Pos. Oce in Philadelphia BY ~ oclocl
Nand thar no excuse was was offered Tor Al IS tue
and Tor this plain reason, that no failure Of their ngs-e
nsnt had occurred. They were mol bound ~ me cCa
tract under Which they were Fuul.ng' to denver IL
raiis At that our and hence there was NJ pIofrey
Germs an excuse where they had been guilty 81 no re
uissuess With as much propriety mishi the tosilnss
~ General have ordered a schedule BY which inel
were 10 arrive in Philadelphia BY oeieeA n q
F. NJ a.! ten charge tbs Company Wiz eesisn ~ DC
svir the arrival OF the train a thai hour ana Wtnno
fem them al compensation Tor me service they Ia
rsndered Ard this indeed would Be cunning GeFlc
for increasing the revenues OF the Department ss VIZ
such schedule there would be failure every cay a.
A.. ~ a.