The New York herald., 1874-12-14
TdE PACIFIC MAIL.

i dE fAClElC NAIL.
The Contract with the Post once De.
partme mt Unbroken-Opinion OF tho Az.
torney General-The New Iron steam
ers for Peace or War.
WASHINGTON, Dec. 10, 1874
The following Is the full text OF the opinion OF
the Solicitor General, Endorsed BY Attorney Gen.
erai Williams. relative to the contract with the
Pacific Mail Steamship Company for an additional
monthly mail between San Francisco and China
and Japan, which was recommitted by the House
to the Committee on Appropriations and ordered
TO be printed
DEPARTMENT JUSTICE
70 n Sy II Sae o Ss
as stat. 4so the Postmaster General authorized TO
sRn. less than s cn for
: term OF not more than ten years ms wa:
isr cont un' .lss tn:
@ ane General Il. va. q
%!f an u monthly 1
wee between the above places. upon the condition:
aa anq a. mat %
alter Tor d service M sha be :" not sss than
Win shsir snxnss and mschnsry shall % Wholly 2!
. rssdiy the a armed naval
United states &c and to be inspecied and rerSr.od sG
eo%piys with his sondiSOn before IS:
'ss v: S.ss
p:5
conform in all respects TO the requirements and prOv
sons the J nS ssGE 3s Of act q S ss %
master general issued in accordance there dated
required monhly and during the Term ten
@ and Sa ne .easD, @ hn Hereafter ossd
s un, sssr eseh S and shah be S Of
ron, and, with their engines and machinery shall be
wholly Of American t%a &c ursunT i the he
is parts os subject 70 and N all respects governed BY
es
IS he Re ss a 6 ps
g Pr. rata h 1c to Be .cGs Tor 10 Ss ANY
nave yet been oerca and scceped and out this CON
ssn S. na as %Sass yet to be
an the has mSds extra pS
provisions q, The general law as for sea pos,sse up
Of these trips were and some were not by steam
ships the Ssys @
a second monthly service
made the saoest %f ths
session BY the % on Naval ais n and on rGs
contract is still in No legislation occurred in that
The Pacific Mail steamship Company upon being asked
n s Il % as .s its ss s
it found by the contractor for the ships the
ac to the ~hcS
se sRs wss lost q IN pops
achinery and second; that other considerable time
act above dos
e sd sS
the act contemplated the chances that the com.
that The rcqurene ss should affect only .ai steam
@ T q M hes & s S ss
virtually doing ali That The law oi is7s rsa.rea
ie nded to siipnate.
tion % and etanes .tesnsips, the cy q
esns SnG the G Of Toxic under e contract N RI ,s o.
requirements Of said contract
which the two ships should be INSPECTED. and. II sp
NJ
n y has . i
and
ID S srvcs
shs The
" anss. ses .sps s0
tie and s
FssSiss s sS r
SuMlccnt
Ss ss You'd sss's'
o Ss
iSe %ny line .
ships 70 in all respects to the requirements and
above appSovsd June is7 A. ana q s1Gsient
ne Isl q Sc;obss 1873 is snsIs adaisns
We have. then, a case in which agent has varied
$
auenty % happened thai the Contract as planned By
Mslc the failure attributed affects only the VARIATION
Mcreoyer me failure failure to nee. The volunteer
pc kept and that since that day has passed no notice
has been given OF an intention to avoid the contract
.s,smen, regard: the par,e; as private per.
here the United States that lIs plan of soatraets
H % e s Of na
that lis have succeeded, makes the stronger
points in which the contIaei ha; been broken are inma
have been eeetsd i seems that other aepsrtmenss o
dit,on Thereto other benefits stipulated Tor BY agent.
appointed !o make the contract is not in general mat
in the present case instance CONGRESS desired to
SAN Japan S and CHINA h,s S,sa aone
csss J1 a s should 5. ou.
,hsaon' This also has been d9ns Ine
ai os,oSe
should be in vessels having those qualifications. ihc
company has failed therein In the while the
company has done "a that It with its present re-
sources to- comply in good faith :, with the Re.
General. and :bc latter, 4 far from suggesting
forfeiture. reports to Congress IN eject that
therenpon CONGRESS. by inacdon, scauiesce: In tins
reports from two OF its standing committees In my
opinion the matters in which the contract has been
violated suhstantia and II they were. the
ruht 70 take advantage q such violation has been
waived therefore that the contract in
is still obligatory and the company entitled to have the
steamships mentioned above inspected, ana II accepted
the additional mail rvice, and the Post
master General has such op pton as suggested
Merry respectfully your obedent servant
y. F. PHILLIPS Solicitor General.
THE ATTORNEY GENERALS APPENDIX.
without questioning the correctness the Solicitor
Generals opinion prefer to put my approval OF 1t on
the following grounds
EYra-Looging The object Of the act Of Lunc la72