New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-30
GENERAL NArURE-No. so. ]

Approved April "a, 1872.
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 OF persons bidding for the trans
pOrtatiOR 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 wrOngtully refuse or fail to enter
into contract with the Postmaster General,
in due form, and perform the service
described in his OF their bid or proposal,
shall be deemed guilty of 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. 3. 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 he 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. 3. That any postmaster or other Off
Ger of the PostOfice Department who shall
affix his signature to the certificate of sutfi-
cheney of guarantOrs or sureties before the
guaranty or contract is signed by the
guarantors or sureties, or shall knowingly
make any false or illusOry 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 carrying the
mails shall be released from his obligation
under his bid or proposal, notwithstanding
an award made to lower bidder, until
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 contract, and commence the perform
anee 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 may, IN the
| discretion of the Postmaster General, be
| continued in force beyond its express terms
! for a 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 or 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 suretles,
according to the terms on which such bid
|
| the performance of the service to the sa It's
! 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 OF
check so deposited shall be returned to the
bidder.
SEC. Z. That in case of the sickness, or un
avoidable absence from his office, of the
postmaster of any money-Order pOstOtice
| he may, with the approval of the Postmas
| ter General, authorize the chief clerk, OF
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 ap
pointed to act in his place in such cases
and provided, further, that such acting Off
Ger shall, for the time being, be subject t
all the liabilities and penalties prescribed
bv law for the official misconduct, in like
cases, of the postmaster for whom he shall
| act.
SEC. 8. That the Postmaster General,
| whenever he may deem it consistent with
the public interest, may accept new surety
upon any contract existing, or hereafter
| made. for carving the mails, in substitu
ton for and release of any existing surety
SEC. 9, That the Postmaster General /!
hereby authorized to cause to be placed t.
the credit of the Treasurer of the United
States for the service at the POstOtfice De
| partment, the net proceeds of the money
order business; and that the receipts of the
POstoffce Department, derived from THU
source, during each quarter, shall be en-
tered by the Auditor of the Treasury fol
the POstOfice Department, in the accounts
of said Department, under the head o
Revenue from moneyorder business"
ADnrOved ADril 81 1872