New-York tribune., 1874-12-14
THE GOVERMENT AND THE PACIFIC MAIL
CONTRdCT.

OPINIONS OF TIE sOIICIToR-GENERAL AND ATroR-
NEY-GENERAL-THEIR CONCLUSION THAT TIE
POSTMASTER GENERAL CANNOT ANNUL The con-
TRACT.
Postmaster General Jewell forwarded on the
OH OF December 10 the Hon. j. N Tyner member OF
the Committee Appropriations Of the House OF Rep
resentatives copy of opinion Of Attorney General
Williams dated Aug g. 1874 IN relation to Tho question
whether the contract between the Government and the
Pacific Mail Steamship Company for the conveyance OF
an additional monthly mail between San Francisco
Japan and China had been impaired. and also TO The
obligation OF the PostOice Department TO accept the
new steamships rendered by the Company for an ad-
dItional monthly mail service.
The Attorney General prefaces his opinion with one
from Solicitor General Phillips. Mr.. Phillips states
that the Postmaster General authorized In 1885 10
make contract with steamship company for the
conveyance Of the mails from China and Japan, and
that the Pacific Mail Steamship Company obtained the
contract; that Congress, June l. 1872. passed an act
authorizing the Postmaster General to make contract
with the lowest bidder for additional monthly mall
service beginning Oct 1873 a; rates not to exceed
those in the former contract The act had these limiting
words: Provided that all steamships hereafter ac-
cepted for said service shall be Of not less than 1000
register each and shall b. built OF iron. and with
their engines and machinery shall be wholly OF American
construction" There also coodion that the new
steamers should he inspected and reported to the
Secretary OF the Navy and the POstmasterGcn-
eral as complying with this condition before
vice was s5ooOoO, or at the rate OF sn6c5e5 every
voyage. THIS ccntract was also obtained ny he Paeac
Mail Steams hip Company. Mr.. Phillips then says "NJ
ships like those specified In contract have
been off red aud accepted and out OF THIS condltion as
mOdsd BY facts vet TO be stated. alse he questions
mentioned below"
The steamship company upon being asked by the
PostmasterGenera why 1t did not udil the CONTRACT,
replied that the contractor for the ships had been de-
layed In building them, tnrougl the necessity Of manu-
beams required, ard that much time mad been lost by
labor strikes. The Company also suggested that the
second contract did not make IL obligatory upon them
only ships, but tDat they could also use sns
which had already been accepted for the mail service
although OF smaller szt thau thc vessels naned ID te
contract. In view OF the lact that extra trps nave
been made by the vessels engaged under the first
contract, and that rhe second contract was virtually
carried OUT, Mr. Philips was OF t1e opinion tIht the
Is still obligatory, and that thereior3 the Com
is entitled the inspection demanded, and 10
have its steamships, IL accepted, placed III the addi
which not within the option OF the Postmaster
General August last. the Company requested the
steamships the City of Peklng and the city OF Toxic
wdcn II alleged conform to the requirements OF The
new contract
states that is his judgment also that the contract
unimpared. He declares that taking Into c0nsI1era-
ton the fact that additional mail service has been
opinion that was not an essential part OF ihe contract
that the steamships should be furnished by O;t
1873 II at that time 1t satisfactorily appeared That tbey
would be furnished within redsona0e time thereafter
Also inasnuch the POst-Ofice Department after
treated tae contract as sli suusiotng lie dld not
would be legal right for the Government TO
refuse receive the steamships which tue Company
had buiit. And lastly. he Of the opinion that 1t
would lnatng tne great ends vi tho statute 10
hold that the Will OF Congress
upon tue subject wholly defeated by the failure OF
the Company 10 furnish iron seeamshlps Within IeW
weeks Of the time nxed Dy spcclncalOh III tue con
FOR Later Developments Pat' Mail InqsV Fa Pag,l