Evening star., 1895-05-31
CANNOT MAKE A CONTRACT
Duties Of the House Assistant Postmaster
Defined.
He Cannot Make a Legal Contract for
Carrying the Mails, but the
Clerk Can.

Mr.. James Kerr, clerk of the House of
Representatives, recently submitted a
troublesome legal question to Judge Bowl
er, controller Of the treasury. 1t arises in
consequence of vacancy in the office of
postmaster of the House, caused by the
death of Mr.. Lycurgus Dalton. March "a,
1895, after the adjournment of Congress-
so that no one can be selected to succeed
him uEtil the reassembling of the House.
The act Of March 3, 1891. prescribes that
the appropriations for hire of horses and
wagons for carrying the mails of the House
shall be expended under the direction of
the postmaster Ct the House, under con-
tracts to be let annually to the lowest re-
sponsible bidder. The question presented
by the clerk Is whether, as the disbursing
officer Of the House, he would be author
lied TO pay the amounts to become due un-
der such a contract If executed by Mr..
John L. Ross, the assistant postmaster, and
II not, whether there is any one legally
empowered to contract for carrying the
mails In question.
Duties of the Assistant.
In his reply sent today the controller
quotes the law and the rules of the House
bearing on the subject, and says that they
nowhere prescribe the duties Of the assist
ant postmaster. "1hey are therefore," he
says, only such IS may be required by the
postmaster himself No provision has been
specifically made for the fulfilling of the du-
ties of the postmaster in the event of his
death, nor Is there anything in the statutes
or In the rules Of the House to indicate an
intention upon the part of Congress that
In such an event the assistant should be-
come postmaster until a successor to the
postmaster Is elected His designation as
assistant does not imply that he should
become the substitute of the postmaster
for the meaning of the word assistant is
hn1n
strictly speaking a deputy or mere employe,
although so called in rule 2, so as to make
Els appointment terminate with that of the
postmaster, as is the well-established law
IN regard to mere deputies or employees,
because his office or position is specifically
provided for by section SO, Revised Statutes,
and distinct appropriation is annually
made for him, yet he is not, in the fun
sense, an Independent officer Of the House
OF Representatives. He occupies rather
position In the office of the postmaster of
the House, but which position has been
specifically provided for by law
1T seems clear, therefore, that upon the
death Of the postmaster the assistant does
not become postmaster, nor does he have
devolved upon him for the time being all
the duties and responsibilities of the post
master. although he may, in connection
with the other persons holding positions IN
the office of the postmaster. fulfill the min
isterial and routine duties of that Office
and even be entitled, by virtue of his su-
perior grade, to generally direct the man.
agement of the Office and the performance
OF their duties by the other employees.
Cannot Make a Contract.
Il am clearly Of the opinion, therefore,
that 1t is not within the power of Mr.
Ross to make legal contract for the hire
of horses and mail wagons for carrying
the malls for the House of Representa-
tives, as he has no power to take any
action upon which the rights of others de-
pend when such action Is required by law
to be taken by the postmaster. There
being, therefore, no postmaster who can
comply with the provisions of the clause
of the act of March 3, 1901, relating to
hire of horses and mail wagons for carry
ing the mails for the House of Representa-
tives the question is presented whether
any legal contract can be made for the
carrying Of the mails. Part of the duties
of the clerk, as prescribed by rule 3 of
the House, are to make or approve all
contracts, bargains or agreements relative
to furnishing any matter or thing or for
the performance of any labor for the
House of Representatives in pursuance OF
law or. order of the House." In the alb
sence of a postmaster qualified to make
the contract required by the act of March
3, 1891. am Of the opinion that the pro-
visions Of rule 3. above quoted, are suf-
fciently broad to cast upon the clerk the
duty to confer upon him the authority to
make the contract for carrying the mails
required by the act Of March 3, 1891"