The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-09-26

| tractor for the transportation of the mail upon
any route shall have failed to enter into con-
| tract, and commence the performance thereof as
| herein provided, the Postmaster General shall
proceed to contract with the next lowest bidder
| for such service, who will enter into contract
| and perform the same, unless the Postmaster
| General shall consider such bid too HIGH in
| which case he shall readvertise such service.
| And In all cases OF regular contracts hereafter
made the attract may, in the discretion of the
| Postmaster General, be continued in force be-
yond Its express terms for period not exceed
ing six months, until new contract with the
| same other contractors shall be made by the
| Postmaster General. The Postmaster General
may contract, without advertisement, for a pc
| rod not to exceed twelve months, for the car
rage of the mail on such route during the time
that shall necessarily elapse between the failure
of either of the accepted bidders to enter into n
| contract and the time when the next accepted
| bidder under the old or q new advertisement
shall enter upon his contract; and the difference
between the price proposed in the accepted bid
| and that paid for intermediate service shall be
| charged to the failing bidder or bidders, and
may be recovered in the name of the United
States for the use of the Post-O Office Department,
| in an action on the case. And when the contract
| shall be made and concluded the difference be-
| tween the accepted bid of the falling bidders
| and the amount payable under the contract for
| the service of two years shall be forthwith
charged against the falling bidder or bidders; and
an action for such sum in the nature of liquidated
| damages shall accrue to the United States for
| the use of the Post-Oftice Department immedi-
| ately upon the execution of the final contract.
| ton may be joined in one suit.
SEC 952 That no bidder for carrying the mails
shall be released from his obligation under his
| bid or proposal, notwithstanding award
| made to a lower bidder, until contract for the
designated service shall have been duly executed
| by such lower bidder and his sureties, and ac-
contractor to the satisfaction of the Postmaster
General.
SIC 253. That hereafter all bidders upon
| every mal-route for the transportation of the
mai he ha mi yvhprp the animal
sation for the seryice on such route at the time
| exceeds The sum of five thousand dollars, shall
accompany their bids with certified check or
| draft, payable to the order of the Postmaster
Genel al 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
annum. In case any bidder, on being awarded
any such contract, shall fail to execute the
same, with good and sufficient sureties, accord
ing to the terms ON which such bid was made
and accepted, and enter upon the performance
of the service to the satisfaction of the Post
master General, such bidder shall forfeit the
amount deposited to the United States, and
the same shall forthwith be paid Into the treasu-
ry for the use of the Post-Ofiice Department.
but If such contract shall be duly executed and
the service entered upon as aforesaid, such draft
or check SO deposited shall be returned to the
| bidder. 49,
SEC. 25i. That any person or persons bidding
for the tt transportation of the mails upon any
route which may be advertised to be let, and re-
ceiving an award of the contract, for such service
who shall wrongfuly refuse or fail to enter into
contract with the Postmaster General in due
form, and perform the service described in his
their bid or proposal. shall be deemed guilty of
O misdemeanor, and on conviction thereof be
punished by fine not exceeding five thousand
dollars and imprisonment Tor terra not exceed
ing twelve months.
Sec. 1855. That the Postmaster General, when
ever he may deem 1t consistent with the public
interest may accept new surety upon any con-
tract existing or hereafter made for carrying the
mails, In substitution for and release OF any eX-
listing surety.
SEC 1885, That no contract for carrying the
mail shall be made for a longer term than four
years, and no contract for carrying the mail on
the sea shall be made for a longer term than two
years. q
SEC. 257 That whenever, by reason of any
error, omission, or other cause, any route which
should properly be advertised for the regular
letting is omitted it shall be the duty of the
Postmaster General to advertise the same as
soon as the error omission shall be discovered,
and the proposals for such route shall be opened
as soon as possible after the other proposals in
the same contract section and the contract
made under such supplementary advertiseme emit
shall run, nearly as possible, from the Begin
ming to the end Of the regular contract term aud,
error, omission, or other cause, the Postmaster
General provide for the carrying of the mail on
such route at as low rate as possible, without
advertising. taasE
Sec 25S That whenever it becomes necessary
to change the terms of an existing contract for
carrying the mail Otherwise than as provided in
section two hundred and sixty and two hundred
and sixty. one, notice thereof shall be given and
proceedings had thereon the same as at the let
ting of original contracts.
SEC. 259 That no person whose bid tor carr ylng
the mail is accepted shall receive any pay until he
has executed his contract according to law and
the regulations of the Department.
SEC. $50. That compensation for additional
service in carrying the mail shall not be In excess
of the exact proportion which The original COM
pensation bears TO the original service; and when
any such additional service is ordered the sum
to be allowed therefor shall be expressed in the
order, and entered upon the books of the Depart.
ment; and no compensation shall be paid for
any additional regular service rendered before
the issuing of such order. ~
SEC. 26l. That no extra allowance shall be
made for any increase of expedition in carrying
the mail unless thereby the employment OF addi-
tional stock and carriers is made necessary, and
in such case the additional compensation shall
bear no greater proportion to the additional
stock and carriers necessarily employed than the
compensation in the original contract bears to
the stock and carriers necessarily employed in
it's execution.
SRc 262 That the Postmaster General shall
deliver TO the Auditor for the PostOt1ce Depart
ment within sixty days after the making of any
contract for carrying the mail, a duplicate copy
thereof Ea
SEC, $685. That the Postmaster General, after
advertising for proposals, may enter into con-
tracts or make suitable arrangements for trans
porting the mail through any foreign country,
between any two points in the United States,
and such transportation shall be by the speedi-
est, safest, and most economical route; and all
contracts therefor may be revoked whenever
any new road or canal shall he opened affordlng
speedier, more economical, and equally safe
transportation between the same points but in
case of the revocation of any such contract, u
fair indemnity shall be awarded to the con-
tractor.
SEC 264 That the Postmaster General may
contract with the owner or master of any steam
boat plying upon the waters of the United States,
or of any steamship or other vessel plying be-
tween ports of the United States, for carrying
the mail for any length Of time less thaa four
years. and without advertising for proposals
therefor, whenever the public interest and con-
yenience will thereby be promoted but the price
paid for such service shall in no be greater
than the average price paid under the last pre-
cedng or then existing regular contract on the
same route
SEc. 2G5. That the Postmaster General may.
enter into contracts for carrying the mail. with
railway companies, without advertising for BIDS
therefor; and the Postmaster General may allow
any railroad company with whom he may CON
tract for the carrying of the United States mail,
and who furnish railway post-ofiice cars topthe
transportation of themail, such additional
compensation beyond that now allowed by law
as he may think fit not exceeding, however,
fifty per centum of the said rates.
SEC. 266. That the Postmaster Gem
eral may make deductions from the pay
of contractors for failures 10 perform service
according to contract, and impose fines
upon them for other delinquencies. He may
deduct the price OF the trip all cases where the
| trip is not performed; and not exceeding three
times the price If the failure be occasioned by the
| fault of the contractor or carrier
SEC. 1857. That the Postmaster General may,
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