Evening star., 1934-05-22
AIRLINE REVEALS
FREE MAIL OFFER
60-Day Proposal Recited in
Suit Against Postmaster
General.

Reciting an offer to carry air mail
free for so days if President Roose-
velt would investigate the claim that
they we're not guilty of any irregu-
larities, the Pennsylvania AirlineS
Inc, of Wilcox, Pa, filed suit in Dis
trict Supreme Court yesterday to pre-
vent Postmaster General Farley from
taking the airmail business between
Washington and Cleveland away from
them and awarding it to another
concern.
The suit also asked for damages
incurred as result of Farley's order
of last February cancelling their
contract for carrying the mail
Upon learning of the proposed can
collation. order. the petition says, the
plaintiff wired President Roosevelt
protesting against such action and
offering to carry the mail free for so
days if he, in the meantime. would
order an impartial investigation of
the companyS record.
Would Waive Payment.
This telegram said the company
would waive payment for the 60-day
period IF your careful Judgment leads
you to believe our contract was i'm
properly obtained
If your judgment bears out our
contention that We have fully met all
our responsibilities" the wire con-
tinued, we will expect payment in
accordance with the terms of our con-
tract. In all fairness to our employees,
our stockholders and the communities
We serve, We respectively request a
hearing at the earliest possible mo-
ment."
The petition says no direct reply
was received to this message but that
on the following day the company was
formally notified by Farley that its
contract had been cancelled
Offer Is Repeated.
A few days later, it was alleged,
the company wrote to Farley, repeat
ing the offer to carry the mail free
while an investigation was being made
The route originally covered by the
plaintiff company was from Wash
ington to Cleveland, by way of Pitts
burgh, Pa. and Akron, Ohio. Last
month, it was charged, the defendant
awarded a contract covering much of
the same route to Central Airlines
Inc, after refusing a bid from the
plaintiff company on the ground it
was disqualified by reason of the
previous cancellation of its contract
The court is asked to declare the con-
tract with Central Airlines null and
void and to enjoin the Post Office De-
partment from giving them mail to
carry.
Received Lower Rate.
The petition, after denying any con-
spiracy to cheat or defraud the Gov
ernment, says the plaintiff cost per
mile for carrying mail was 5 cents
less than other operators. and that it
was paid an average of 408 cents per
mile, whereas other carriers received
52.2 cents per mile.
The suit also says the plaintiff has
received and spent on its service some
S300,O00 from the Pittsburgh Aviation
Industries Corp, of which it is SUBJ
sidiary.
The plaintiff. through Attorney
w 4IIIdIl n HlIllS, JI- dSheu 4oI dIl
injunction to prevent the Postmaster
General from cancelling their contract
on the ground that his order violates
the Constitution in that it amounts to
confiscation of private property with
out due process of law. The order
was also said to constitute bill of
attaindeer, contrary to the provisions
of article l, section 9, of the Constitu-
ton.