Wilmington daily commercial., 1873-03-04

AN ACT 10 revise, consolidate. and amend thl
statates relating to the Post ONCE Department
De enacted by the Senate and House Of Representa-
tves Of As United States Of AmericI "a Con1ress
sebled, That there shall be established, At the &c
OF government OF the United states OF America,
Department 10 be known as the Post ONCE Depart
menE.
$50 gls That before making any contract for car.
rying the mall other than those hereinafter except
ed the Postmaster General shall give public notice
by advertising once weekt0f six weeks In one OF
more, not exceedlng i've, newspapers published 10
the state or Territory where the service is to be
performed, one Of which shall be published az this
seat OF government OF such STATE or Territory: and
/ such notice shall describe the route, the time at
which the mail is to be mado up, the time at which
II is to be delivered and the ffequencyE0f the SER
vice; anti the Postmaster General shall direct. By
special order In each case. the newspaper In which
mail lettings or other proposals. relative to the bus
mess OF his Department. shall be advertised, and no
publisher shall be paid for such advertisement iih-
oot having been requested bJ the Postmaster Gen
er5l 70 publish the same
SEC. 244. That proposals for carrying the mail
shall be delivered seal ID, ana 40 kept until the bid
dag is closed and shall then be opened and marked
In the presence OF the Postmaster General, and one
OF the Assistant POstmasters sneral er OF two Of
the Assistant P0stmasters General, or OF any other
two olcsrs Of the Department, 10 be designated by
me Postmaster General; and any bidder may with.
previous TO the time fixed for the opening OF prop0
sails, by serving upon the Postmaster Generator the
second Assistant Postmaster Genera, notice In wr-
ting Of such withdrawal
SkC 245. That every proposal for carrying the
mail shall be accompanied by written guarantee,
signed by one or more responsible persons, and un
deraking that, within such tim, after the bid 10
accepted as the Postmaster General may pres nj De,
the bidder Will enter into an obligatlln with good
and Sufficient surees 70 perform the .servlce pro-
posedi and no proposals shall be considered uplesB
accompanied by such guarantee
sRC 24e. That each bid for carrying the mail shall
hereafter haze axetl to II the oath OF the bidder,
TAXI before On ocer qualified TO administer oaths
that he has the ability pecnnarly to fuhl his obl
cations, and that the bid is made In good faith and
with the Intention to enter into contract and per-
form the service, in his bid shall be accepted;
o
Inc, end that ho believes said garantors pecuniar-
iiy Responsible for and able 10 pay sll damages
the United Safes shall suffer by reason OF the bid
ders falling to perform his obligations as such bid
SEC. 2H That any postmaster or other onicer Of
the Post Office Department who shall alilx his sig
nature TO the certificate of sulciency OF guarsntOrs
or enretes before the guaranty or contract Is signed
by the guarantors or surtties, or thal knowingly
make any false or usOrg certificate, shall be forth
with dismissed from office, aud shall be deemed
guilty OF mlsdemeanor, and shall, on conviction
thereof, be p0nished by fne not exceeding one
thousand doiirs, or by imprisonment not exceeding
one year, or It'll
SIO 2is. That the Postmaster General shall have
recorded, in book 70 be kept for that purpose, q
true aRd faithful abstract OF all proposals made to
MIN for carrying the mail, giving the name OF the
party oferlug, the terms OF the Offer the sum to be
paid, and the time the contract is continue; and
ne shall put on file and preserve the originals Of all
SEC 2i9 That all contraots for carrying the mail
shall be In the name OF the United States, and shan
be awarded to the lowest bidder rendering sufficient
guarantees for faithful perform ince, without other
reference to the mode OF transportation than NAV
IT, and security thereof but he Postmaster Gener-
oil shall not be bound to consider The bid of any
person who has wllfully or negigeny failed to per-
Sac $50. That no contract for carrying the mail
shall be made with any person who has catered or
proposed TO enter, INTO ANY combination to prevent
the making OF any bid for carving the mail or who
has made any agreement. or given or performed or
promised 10 glv3 or pc fou, any consideration
Whatever TO induce any other per on not to bid for
any such contract; and u any person so offending
Is contractor for carrying The mail his contra
may be annullsd; and FIR The nrIt OfeDse the per-
SO offending shall be disqualified to contract for
carrying the mail for i've years. aud for the second
oiense shall be forever disqualified |
Sac f5i. That after any regular bidder or con-
tractor for the transportation VI the mail upSn any
route shall have failed to enter into contract and
commence the performance thereof as hereia pro-
Ylded, the Postmaster General shall proceed TO con-
tract with the next lowest bidder for such service
who Will enter into contract aud perform the |
such bid too high, In which he shall re-adver-
tise such SERVICE And in all cases OF regular con-
tracts hereafter made the contract may in the dis
erection Of the PostmaIer General, bs continued in
force beyond lt3 express terms for period not
ceeding six months. until new contract with the
same or other Contractors shall be made by the /
Postmaster General. The Postmaster General may /
contract, without advertisement for period rot TO
exceed twelve months, for the carriage OF the mail
Oh such ronte during the time that shall necessarily
eapse between the failure OF either OF the accepted
bidders to enter Into contract and the time when
the next accepted bidder under the old or new nd-
shall enter upon his contract: and the
between the price proposed IN the accept
ed bid and that paid for Intermediate service shall
ba charged % tho falling bidder or bidders, and /
may be recovered In the name OF the United States
for the use Of the Post ONCE Department, 10 Rc-
ton on the case. Aud when the contract shall be
made and concluded, the difference between the ac-
cepttd bid OF the failing bidders and the amount
payable under the contract for the service OF two
years shall he forthwith charged against the falling
bidder or blddersi aud an acIion,for such som In
the nature Of q1dated damages shall accrue to the
nted States for the use of the Post ONCE Depart
Inent Immediately upon tile execution OF the lnal
contract And bo h causes OF action mentioned in
his section may be Joined In one suit
SRC 1852. That no bidd9r for carrying the mails
shall be released from his obligation under his bid
or proposal, notwithstanding an award made TO
lower bidder. until a contract for the designated
service shall have been duly executed by such low
er bidder and his supeties, and acoepted and the
service entered upon by the contractor TO the salts
faction OF the Postmaster General
SIC. 253, That hereafter all bidders upon every
mail route for the transportation tbs mail upon
The same, where ths annual compensation for Ihe
service on such route Il; the time exceeds the sum
of ve thousand dollars shall accompany their bids
with certified checf or draft, payable to the order
Of the Postmaster General upon some solvent ma
tlonal bank, which check or draft shall not be less
than i've per centum on ihe amount Of the annual
pay on said route at the tlmp such bid IL made;
and in case OF nav service, not less than i've rer
csntum OF the amount Of years pay proposed In
such bid, II the bid exceed i've thousand dollars
per annum. In case any biddlr, on being awarded
any such c0ntrl6t, ehal fall to execute the same,
with good and sufficient sureties, Iaccordng to the
terms on which such bids were made and accepted,
and e 81 a srvfe
b der shall forfeit the amount so deposited TO the
United States, and the came shall forthwith be paid
into the treasury for the use OF the Post once De-
partmenti but II such contract shall be duly execu-
led and tile service entered upon as Aforesaid such
draft or check sO deposited shall he returned TO Inc
bidder
SEC 2al. That any person or persons bidding for
the transportation OF the malls upon any route
which may he advertised be let, and receiving an
award OF the contract for such srylce, :who shall
wrongiuy refuse fail to enter into contract with
the Postmaster General In due form, and perform
the service described in his or their bid or propo-
sal, shall be deemed guilty OF a mlsdsmeanor, and,
on conviction thereof, be punished by ne not ex-
ceedlng i've thousand dollars and by imprisonment
Tor a term not exceeding twelve months
SK0 2S5. That the P0 tmaster Qsneral, whenever
he may deem II consistent with the pubic Interest,"
may acce { now surety upen any contract existing
or hereafter made for carrying the mails in sub
stituo r and release OF any existing surety
Sec. 300 That no contract for carrying the mail
shall be made for q longer term than four years,
and no contract for CARR ing the mall on the sea
sh all be made for a long n term than two years
SEQ. 25T. That whenever, by reason OF any error,
or omissO2, other cause, any route which should
properly be adver iSsd for tbs regular letting is
omitted shall be the duty of the Postmaster General
to a1ver lac the same as s03n the error or Oms-
sion shall be discovered, and the proposals for such
route shall he opened as soon as possible after tue
oth0F proposals In tue tame CONTRACT section; ana
the contract made under such supplementary adver
tisement shall run, as nearly as possible, from
the beginning to- th9 end OF the regular con
tract tterm, and during TINA necessarily lost by
reason OF such error, omission, or other cause the
Postmaster General shall provide for the carrying
OF the mail on such rolte at as low rate as possible
without advertising
SEC 25s. That whenever It becomes necessary to
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