New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-29

GENERAL NATURE-No. So
An act relating to proposals and contracts
for transportation of the mails, and for
other purposes.
Be it enacted by the Senate and House of
Representatives. of the United States of
America in Congress assembled That any
person or persons bidding for the trans
pOrtatiOH of the mails upon any route which
may be advertised to be let, and receiving
an award of the contract for such service,
who shall wrongfully refuse or fail to enter
into contract with the Postmaster General,
in due form, and perform the service
described in his or their bid or proposal,
shall be deemed guilty of a misdemeanor,
and, on conviction thereof, be punished by
a fine not exceeding five thousand dollars,
and by imprisonment for term not exceed
ing twelve months.
SEC. 2. That each bid for carrying the
mail shall hereafter have affixed to it
the oath of the bidder, taken before an Off
Ger qualified to administer Oaths, that he has
the ability pecuniarily TO fulfill his obliga-
tiOns, and that the bid is made in good
faith and with the intention to enter into
contract and perform the service, in case
his bid shall be accepted; and that the sig
natures of his guarantors are genuine, and
that ne believes said guarantOrs pecuniarily
responsible for and able to pay all damages
the United States shall suffer by reason of
the bidder failing to perform his obligations
as such bidder.
SEC. g. That any postmaster or other Off
Ger of the POstOtice Department who shall
affix his signature to the certificate of suffi-
cheney of guarantors or sureties before the
guaranty or contract is signed by the
guarantors or sureties, or shall knowingly
make any false or llusOry certificate, shall
be forthwith dismissed from Office, and shall
be deemed guilty of a misdemeanor, and
shall, on conviction thereof, be punished
by fine not exceeding one thousand dol
lars, or by imprisonment not exceeding one
year, or both.
SEC. 4. That no bidder for carving the
mails shall be released from his obligation
under his bid or proposal, notwithstanding
an award made to a lower bidder, until a
contract for the designated service shall
have been duly executed by such lower bid
der and his sureties, and accepted, and the
service entered upon by the contractor to
the satisfaction of the Postmaster Gen
eral.
SEC. 5. That after any regular bidder or
contractor for the transportation of the
mail upon any route shall have failed to en-
terintO eontract,and commence the perform
ance thereof as herein provided, the Post
master General shall proceed to contract
with the next lowest bidder for such ser
vice, who will enter into a contract and per
form the same, unless the Postmaster Gen
eral shall consider such bid too high; in
which case he shall re-advertise such ser
vice. And in all cases of regular contracts
hereafter made, the contract NAV, in the
discretion of the Postmaster General, be
continued in force beyond its express terms
for period not exceeding six months, until
a new contract with the same or other con-
tractors shall be made by the Postmaster
General.
Sec. 6. That hereafter all bidders upon
every mail route for the transportation of
the mails upon the same, where the annual
compensation for the service on such route
at the time exceeds the sum of five thou
sand dollars, shall accompany their bids
with a certified check OF draft, payable to
the order of the Postmaster Gen
eral, upon some solvent national
bank, which check or draft shall not be less
than five per centum on the amount of the
annual pay on said route at the time such
bid is made, and in case of new service, not
less than five per centum of the amount of
one years pay proposed in such bid, if the
bid exceed five thousand dollars per an
mum. In case any bidder, on being awarded
any such contract, shall fail to execute the
same with good and sufficient sureties,
according to the terms on which such bid
was made and accepted, and enter upon
the performance of the service to the salts
faction of the Postmaster General such bid
der shall forfeit the amount so deposited to
the United States, and the same shall forth
with be paid into the treasury for the use of
the POstOffice Department; but if such con-
tract shall be duly executed and the service
entered upon as aforesaid, such draft or
check so deposited shall be returned to the
bidder.
SEC. Z. That in case of the sickness, or IN
avOidable absence from his office, of the
postmaster of any mOney-Order p0stofice,
he may, with the approval of the POstmas-
ter General, authorize the chief clerk, or
some other clerk employed therein, to act
in his place, and to discharge all the duties
required by law of such postmaster; pro
vided, that the official bond given by the
principal of the Office shall be held to cover
and apply to the acts of the person APP
pointed to act in his place in such cases;
and provided, further, that such acting Off
C er shall, for the time being, be subject to
all the liabilities and penalties prescribed |
Oy law for the official misconduct, in like |
eases, of the postmaster for whom he shall |
act.
SEC. 8. That the Postmaster General, |
whenever he may deem it consistent with |
-he public interest, may accept new surety |
IpOn any contract existing, or hereafter |
made, for carrying the mails, in substitu- |
lion for and release of any existing surety. |
SEC. 9. That the Postmaster General is |
hereby authorized to cause to be placed to |
he credit Of the Treasurer of the United |
States, for the service af the Postofice De
)artment, the net proceeds of the money |
,rder business; and that the receipts of the |
oostOfice Department, derived from this
source, during each quarter, shall be en-
cred by the Auditor of the Treasury for
he POstOfice Department, in the accounts
# said Department, under the head OF
Revenue from mOney-order business"
Approved April q, 1872.
[GENERAL NATURE-No. 81