The daily union., 1852-03-13

contract for carrying the mail In fourhorse post
coaches each contractor being required TO carry all the
passengers The proposal for the central portion was
mae 10 carry II in two horse coaches The contractor
stipulated carry the mails and the two horse
coaches tie found impraciicabe 10 carry out this
tract, and he was consequently obliged 10 resort 10
fou horse coaches The result is thai be made the apr
cation now to outside Of this conaet 10 pay him for
DONG extra service beyond that which he had contracted
to perform Tor the price stipulated and paid II correctly
understand the statement of my friend from Texas, then
does appear to me that this party Is not entitled 70 re-
celve the additional compensation he asks for
Mi, RUSK. 1t is perhaps as well for me to read the
report as an answer 10 the objections The bill has
passed the Senate two three times and has been dis
eutsed once OF twice The report says
" The petitioner was a CONTRACTOR in 1889. for carrying
the mail on No. 1882 Virginia, from Romney to
Claksburg and carried the mail for four years and hall
mum, being the price stipulated 10 be paid Tor conveying
the mail in two horse stages two trips week and back
three rips week and back and in one day and halt
instead OF two and bali days. which the schedule
under his contract. For tho employment Of tour-horse
coaches instead oil twohorse aud or additional
trip weekly and the increased speed, he claims an add-
tional compensation, which he estimates about eight
thousand dollars for the whole term OF his contract The
iacts that Tue petionef carried the mail In onthorse post
coaches. and that he made three trips week. and with
increased speed, are satisfactorily proved Il aso appesr
that The additional horses and the additional ip increased
the tolls on the route about fifty per CENT being nearly five
This a1ditiona service was not expressly authorized by
the department. but tho circumstances which induced him
TO perform il such he claims. authorized belief
equity emitting him com pensation. These circum
follows AT the lettings 1885, the mail from
Winchesler Parkersburg rlver consisting
three routes advertised for bids in two-horse stages
and in fourhorse coaches and when tho bids con-
horse service on the and western divisions c the
but tho middle division, for which the petitioner
the bidder, accepted the proposals Tor TWO horse
service but The time expressly reserved the right
change it four horse seryce and represented the
contractor that it would be changed the
of the par,msnt would admit Of Ii part oil
The that the contractor was TO convey with the
mail The passengers who came In the stage conveying the
mall the points OF connexlon-that Is, Ronney and
Carksbug The contract having been accepted for the
lower grade of service In the middle division Of the
only, the petitioner found that it would be difficult, If
impossibs, for him 10 perform the service both
in the conyeyance OF the mail and passengers with
horses which the contractors the and ends Of
the route would perform with four horses Some Of the
and citizens on the route, perceivDg his diff
Guilty. interested themselves in the mater, aud endeavored
relieve him from the embannssmens OF his contract
request OF the citizens OF Marietta the postmaster OF
that place went with the petitioner to Washington to see
the Postmaster General on the subject before the time for
commencing the service TO induce him 10 order iourhose
service in conformity with the other divisions OF the route
The Postmaster General declined then order the higher
grade Of service, bur gave encouragement that might be
ordered soon
Under these circumstances and with the advice of the
citizens on the route the petitioner was induced 10 stock
the route for ourhoTse coach service, and commences
carrying the mail in that way expecting soon to receive
authority Tor this change in his service He continued
transport the mail In iourhorse coaches and to make three
instead Of two trips week, during the whole term Of his
der the higher grade OF service, notB the
service rendering Since expiration Of the petit
toner's contract the whole OF this route has been let Tor
coach whilst
beyond what they were during the fecedng contact
The question IN the case seems 10 be- whether the cir
stances under which this additional service was per-
formed were such as TO afford reasonable ground OF
equity for compensang the petitioner for The same And
table gound they therefore report bill Tor his relief
But they do not adopt the rate OF compensation the
between The recelved and paid Tor
the higher grade Of service, with additional rip weekly
the four years and half the Of S57Ol 50 which they
think ought % be paid to the petitioners and they report
bill accordingly"
Now. sir, if that does not show clear of equity,
1t is difficult for to ascertain what would be do
not design into certain circumstances which
Iimony with regard TO the of the mail the
time that this matter occurred; but here is contract
made with two ends OF line Tor four horse coaches, and
The intermediate route, for the mail and the same
passengers, is accepted at lower grade OF service while
The extreme are accepted at higher grade OF
vice.
Mr. BADGER Was this bill reported unanimously
by the committee
Mr. RUsK Il reported unanimously; and ii has
passed the Senate two or three times
Mr.. BADGER. That is enough for me.
MIR BAYARD. | would ask the senator from Texas
question. see that is stated in The report that the
Postmaster General, at the time that the contract
made, reserved the right 10 change 10 rhorse
vice That is done in all the contracts The right is re-
served 10 change. But the representation OF the
tractor Is, that there to be change the
revenue Of the department would admit of it. What |
wish TO know is whether this is derived solely from the
pdre evidence of the contractor from written
acknowledgement or letter from the officers Of The govern
ment
MIR. RUSK II comes In a better form II comes from
gentleman who came here abong under the difficulty,
and who asked that the line should be allowed four
horse coaches The Postmaster General said TO him that
he would sooa the revenues of the department
would allow. He would arrange the line to
no further delay 10 passengers.
MIR. BAfARD. That was at the time that the
tract was made. Now, sir, the report says
"Oa tho middle division, for which the petitioner was
tho bidder accepted the proposals for twohoss
but al the time expressly reserved the right change
10 four horse service and represented TO the contractor
that would be so changed as The OF the
department would admit OF II. IL part Of the
tract that the contractor 10 with the mail the
passengers who in the conveying the mail
The Of onthat Is, Romney and Csrssburg
The having been accepted for the lower grade OF
service In the middle division oil the only, the
toner found that II would be difficult If possible, for
him TO perform the same seryce both Ia the OF
the and ends OF the would per-
form with four horses"
II IS not al all impossible, sir, that II might have been
performed with two-horse coaches in one part of a
route while four horse coaches would be required in an
other on account Of the difference in the nature OF the
roads, &C.. The report proceeds
Some of the poms and citizens on the route per
ceivng his difficulty, interested themselves Ia the
aud endeavofed to relieve him from the embauassnenu o
the postmaster oil that with the
shinSton 70 the Postmaster General the subject
osiofe the time Tor commencing the servce induce
order servioe In conformity with the Other
divisions OF the The Postmaster General declined
then TO order the higher grade Of service but gave
agement that Il might be ordered soon"
Now, presume that there is no written evidence of
the Postmast General that there was any such encou
agemeni held will ask il there is any letter from
the deparmentthst shows any such encouragement III