The New York herald., 1869-02-15

per annum: Altman Clarke. at s4soeoo per
nS wss ranSs mage Co e
bids and the highest OF the others thus explained
by the testimony:-At the time OF making the pro-
p0gals strong EFFORT being made 10 procure the
repeal OF the act OF March Is. 1854, which would
throw the entire Pacific coast mail on this route.
aaSs that the ers would and the
other bids were made without reference 20
saass sga osr%e Security @
the Post ofice Department entered into coatrac1 @
with him, dated June Is, 1883. This contract con-
tanned the following provision:-"The route ana SER
vice viii be continued at pro rata reduction OF pay
as each ity miles OF the Union Pacific Railroad :
thereon. The department. reserves the right to cur
TAN the service at Its western terminus wneh inc
Central Pacific Rlilroad shall have progressed east
ward sufficient distance to warrant slartins
.ne western mails from pom. on the rs,n,rad
rather than from Virginia CITY" It also REQUIRED
ITO carry all the said mall whatever may be ts SIZE.
weight or increase during the Term OF the contract
% 1884 to take effect the folio wing 30th OF Sep
| tember, and thereby opened this route 70
against the earnest remonstrance Of the chairman
or the Committee on Post Odlces and Post Roads OF
the House OF Representatives (Mr. Farnsworth, VINO
protested to represent the views OF the Post once
department. tie objected to the repeal OF tne
law; that Il would vtate or interfere with the
contract already made, and would probably
| cost the government at the rate of s9oo.o0o
per annum Tor the whole distance BY throwing SO
much mail matter upon this dinicut and expensive
| rouie IL very soon became manifest that Mr..
spalds would not carry out the contract according
to its terms Indeed. he could not be expected TO
do IT, His bid was based upon the letter mail alone
and the stipulated compensation was Inadequate 10
| that. He lad bound himself to carry ali the IN
| crease, but when that increase was caused by the
act OF the government after the dale OF his contract
and amounted 70 400 OF 500 per cent cent
! he was certainly not morally bound TO fulfill
| his contract, II, indeed, he could be legally held
| to It, Under these circumstances two very proper
| courses or conduct were open to Mr. Spaids-frst,
to throw UP his contract as soon as the act Of
Congress came to his knowledge; or second, to
carry the mai with lne increase anu @ 70 iook 100 @ ~
increase. But he did neither. On the contrary, ne
claimed the right to hold his contract and asked
the Post ONCE Department TO pay him pro rata for
"the increase" which he must nave known IT had
no powerto do and thus he prevented the depart
changed condition Of things. Tne Postmaster Cen
eral does not appear to have been anxious TO force
the hard bargain upon Spads; but he insisted upon
Spaits exercising his election at once. accepting
changed circumstances, and looking TO Congress for
relief, or retiring in time for new ARRANGEMENTS to
be mace iAence, on July Is, 1865, the following
letter was written to spaids -
Posr OFFICE pErAnTsEsT, G GosTTAcr ;ay 6 So5sIor,,
Postmaster General desires you 70 state to the
asparmsn Eng whether S Is yGr - p purpose to
No between Cheyenne Dacotah or that point on
CITY Nevada under accepted bid q ssss 900
an 'D''a' CIV g. " MocLELLAS, Second A. 7. M. Gen.
| CARLTos sPAIDs, Chicago, H.
To this Spaids replied September IL, 1888, and ac-
4 counts for late reply from the fet that he only
received the letter from the department on the sth,
because the neglect OF the Postmaster to deliver it,
| and gives the following answer
FrI propose and fully prepared to transport all the
mails thai The has T 20 Teasrs . pc trans M
6S5 awarded the l2:h June, 1855 in accord
S-oond-That after the awarded-vz the
e e & ~ a nsa 70
the Pacific coastyz by Panama route By repeal OF this
S y thrown upon upon
legislation Of Congress referred 70 above shall expect
e. such
Of additional mail matter thrown upon the route in
| quence Of the passage OF the act
This seems to have satisfied the department that
| Spaids intended 10 assume the risk and carry the
mails looking 10 Congress for his reward. letter
| Irom the Post once Department dated September
lc acknowledges the receipt OF this letter. On Sep
tenber IS another letter Is written TO Spads telling
him he must full his contract 'uslng therefor sucn
means as may be necessary TO transport The whole
or said mail whatever may be its size and weght,''
and that the Postmaster at Salt Lake has neen In
structed TO weigh the mails until further orders. on
September 20 Mr.. Spaids replied as foliows:--
srR-Having received answer to that pari OF my las
ssns The g inform me as neal
No. % s ~ the ast as a q
tho department. Will quarterly according the condition
The Ct s ss 9T b ns as9ss
has purposay neglected 20 give the desired Information
potne FOR socslng s mall ana the oni,
oogrse @ s, @ c me ~ % e1s IossIe n eon o. h n e. ls a a.
pursued by General decline to transport
settled deany by the department Congress From tho last
upon by the act Of Congress referred 70 after the
81 bs or vae viii to hsn three
times In weight OF the ordinary man over the
tract were Il for Congress to-
a n9s and issa sa G a. s urine
ing declined TO take any responsibility In the matter ask TO
extended OF January lsss that this question
advertise the route so Mat bidders can July the
this course has been suggested by the Post
am respectfully your obedien, servant,
Hon. q. w. MCCLELLAN, Second Assistant Post Master
General
The committee are OF the opinion that Injustice
| was done Carlton Spaids by the act OF Congress.
without fault on the part OF the Postmaster General,
and II he had retired at on being informed OF
the legislation anecting his contract and suffered
| the department to open the matter again to compe-
tltion, he might again have been the lowest bidder.
| II not. he might have had an equitable clam upon
| Congress for reimbursement OF outlay and perhaps
FOR the loss OF his bargain But he has forfeited ali
claim for consideration by standing in the way OF
other arrangements until two days before he should
have commenced carrying the mails. Fortunately
for him, however, he incurred but little or no
expense in the premises, There is no eyi.
or stage coach, and up. TO september 2s
the Information OF the department furnished
by kilograms from J. W. Campitt, special agent OF
the Post once Department at Salt Lake, was tnat
Spaids had done nothing for his contract. Left IN
sand pounds OF mail matter daily over q difficult
and DANGEROUS route OF more than 500 miles, ahan
doned two days before the service under IL was to
commence, what was the Postn lster General 10 do
| single week would stow up tons OF mail matter
at the terminus OF each division OF the railroads. lie
|. might have paid attention to the act OF Con-
| press He might have forced the paper mail 70 20
by sea and suffered spaids to carry the letter mail
according to his contract as 1t stood when he en-
tered into It. This might have saved the govern
| ment some money; bur no public oiicer can be
| asked or expected 70 assume 80 serious response
| bli~y. 10 was absurd at tnat late day Il
| think Of advertising for new proposals
The work could not be stopped even for thirty days
and IL would have required months 10 advertise. re
ceiye and consider the proposals ard enter into
new contract and stock the road. Under these cir
cumslances the Postmaster General did the onll
thing he could do. He made a temporary arrange
ment with the Old Contractors Wells Fargo a Co.,
to continue the service promising them the sant
compensation he should be obliged to give any future
contractors he might bargain with. This arrange
| vra adj nhnrf fgf IA 10