5 August 1854. and to enable him to do so, ten thousand dollars are hereby appropriated out of any money in the treasury not otherwise appropriated. (a) 3 March 1825 10. 4 Stat. 104 be advertised. VII. MAIL CONTRACTS. 113. It shall be the duty of the postmaster-general to give public notice in one newspaper published at the seat of government of the United States, and in one or more of Mail contracts to the newspapers pablished in the state or states or territory, where the contract is to be performed, for at least twelve weeks before entering into any contract for carrying the mail, that such contract is intended to be made, and the day on which it is to be concluded, describing the places from and to which such mail is to be conveyed, the time at which it is to be made up, and the day and hour at which it is to be delivered. [He shall moreover, within ninety days after the making of any contract, lodge a duplicate thereof, together with the proposals which he shall have received respecting it, in the office of the comptroller of the treasury of the United States:](b) Provided, That no contract shall be entered into for a longer term than four years. Term. Ibid. 42. No postmaster, &c, to be a con tractor. Ibid. 43. When additional made for additional service. 114. No postmaster, assistant postmaster or clerk employed in any post office shall be a contractor, or concerned in a contract for carrying the mail: Provided, That this section shall not interfere with contracts heretofore made.(c) 115. No additional allowance shall be made by the postmaster-general to the contractor or carrier of any mail on any route, over or beyond the amount stipulated in the allowance may be contract entered into for the transportation of the mail on such route, unless additional service shall be required; (a) and then no additional compensation shall be allowed to exceed the exact proportion of the original amount to the additional duties required; and the postmaster-general shall, in all such cases, within thirty days thereafter, transmit to the first comptroller of the treasury an account of such additional services, and the compensation to be allowed therefor. Ibid. 2 44. Forfeiture for contract. 116. Any person or persons who shall hereafter make any proposal in writing to carry or transport the mail upon any route or routes, which may be advertised to be let, non-execution of and such person or persons shall be determined by the postmaster-general to be entitled to the contract, by virtue of such proposition, and [if] such person or persons shall fail or refuse to enter into an obligation with good and sufficient security, to perform such contract within the time required by the postmaster-general in such advertisement, such person or persons shall forfeit and pay so much money as shall be the difference between the amount contained in such proposal, and the amount the postmaster-general shall have to pay for the same transportation of the mail on such route or routes; which sum may be recovered by the postmaster-general in an action on the case. 2 July 1830 23. 5 Stat. 85. 117. It shall be the duty of the postmaster-general, before advertising for proposals for the transportation of the mail, to form the best judgment practicable as to the mode, Advertisements time and frequency of transportation on each route, and to advertise accordingly. No for proposals. No consolidated extra service regulated. consolidated or combination bid shall be received; and no additional compensation shall bid to be received. be made to any mail contractor, so as that the compensation for additional regular service shall exceed the exact proportion which the original compensation bears to the original services stipulated to be performed. And no extra allowance shall be made to any conCompensation for tractor by the postmaster-general, for an increase of expedition in the transportation of the mail, unless thereby the employment of additional stock or carriers by the contractor, shall be rendered necessary; and in such case, the additional compensation shall never bear a greater proportion to the additional stock or carriers rendered necessary, than the sum stipulated in the original contract bears to the stock and carriers necessarily employed in its execution; and when any extra service shall be ordered, (e) the amount of the allowance therefor in dollars and cents, shall be signified in the order for such service, and be forthwith entered upon the books of the post office department; and no additional compensation shall be paid for any extra regular service rendered before the issuing of such order and the making of such entry, and every order, entry or memorandum whatever, on which any action of the department is to be had, allowance made or money paid, and every contract, paper or obligation drawn up in said office by any officer thereof, shall have affixed to it its true date; and every paper relating to contracts or allowances filed in said office shall have the date of its filing indorsed thereon. And Notice of change whenever it shall become necessary to change the terms of any existing contract in any of contract to be other manner than that designated in this act, or to enter into a contract for the transgiven. portation of the mail at any other time than at the annual letting, the postmastergeneral shall give notice in one newspaper published at Washington City, and in one (a) Continued for the residue of the present contract term of the southern section, by act 3 March 1857 35. 11 Stat. 189. (b) Now, in the office of the auditor of the post office department; see supra, 34. (c) This act is not to affect that of 21 April 1808, concer.ing public contracts, which is to remain in full force. See 2 46. (d) This act does not authorize the allowance of additional com< pensation for the increased weight of the regular mails during the term of the contract. 3 Opin. 24. Nor where the time of the transit only is changed, even though additional conveyances shall be required. Ibid. 542. (e) See Huston v. United States, Dev. C. C. 53, 116, 135. Ibid. ? 24. newspaper published as near as may be to the route on which the services are to be per- 2 July 1836. formed, for at least four weeks before changing or making such contract, inviting pro- And of tempoposals therefor; which proposals shall be received and opened, and such proceedings rary contracts. thereon had in all things, as at the annual lettings: Provided however, That the postmaster-general may make temporary contracts until a regular letting can take place. 118. Proposals for mail contracts shall be delivered to the department sealed, and shall be kept sealed until the biddings are closed, and shall then be opened and marked in Proposals to be the presence of the postmaster-general and of one of the assistant postmasters-general, or sealed. in the presence of two of the assistant postmasters-general. And the contracts in all To be awarded to cases shall be awarded to the lowest bidder, except when his bid is not more than five) der. per centum below that of the last contractor, on the route bid for, who shall have faithfully performed his contract: Provided however, That the postmaster-general shall not Not to one in debe bound to consider the bid of any person who shall have wilfully or negligently failed to execute or perform a prior contract. the lowest bid fault. Ibid. 25. 119. It shall be the duty of the postmaster-general to have recorded in a well bound book, a true and faithful abstract of offers made to him for carrying the mail, embracing Proposals to be as well those which are rejected as those which are accepted. The said abstract shall registered. contain the names of the party or parties offering; the terms on which he or they pro pose to carry the mail, the sum for which it is offered to contract, and the length of time the agreement is to continue. And it shall also be the duty of the postmaster- And originals general to put on file and preserve the originals of the propositions of which abstracts are here directed to be made, and to report at each session of congress a true copy from the said record of all offers made for carrying the mail as aforesaid. filed. ed in the depart 120. If any person employed in the post office department or postmaster shall become Ibid. 26. interested in any mail contract or act as agent, with or without compensation, in any Persons employmatter or thing relating to business in said department, for any contractor or person ment not to be offering to become a contractor, he shall be forthwith dismissed from office, and shall be interested in conliable to pay so much money as would have been realized from said contract, to be recovered in an action of debt in any court having jurisdiction thereof, in the name of Penalty. the United States, for the use of the post office department; and it shall be the duty of the postmaster-general to cause prosecution to be instituted. tracts. Ibid. 227. guarantee. compliance, con 121. Every proposal for the transportation of the mail shall be accompanied by a written guarantee, signed by one or more responsible persons, to the effect that he or Proposals to be they undertake that the bidder or bidders will, if his or their bid be accepted, enter into accompanied by an obligation in such time as may be prescribed by the postmaster-general, with good' and sufficient sureties, to perform the services proposed. (a) No proposal shall be considered unless accompanied by such guarantee. If, after the acceptance of a proposal In case of nonand notification thereof to the bidder r bidders, he or they shall fail to enter into an tract to be made obligation within the time prescribed by the postmaster-general, with good and sufficient with others. sureties for the performance of the service, then the postmaster-general shall proceed to contract with some other person or persons for the performance of the said service; and shall forthwith cause the difference between the amount contained in the proposal so guarantied, and the amount for which he may have contracted for the performance of said service for the whole period of the proposal, to be charged up against the said bidder And guarantors or bidders and his or their guarantor or guarantors; and the same may be immediately recovered by the United States, for the use of the post office department, in an action of debt against either or all of the said persons. to be sued. Ibid. ? 28. No contracts to sons who have binations. 122. No contract for the transportation of the mail shall knowingly be made by the postmaster-general, with any person who shall have entered into any combination, or proposed to enter into any combination to prevent the making of any bid for a mail con- be made with per tract by any other person or persons; or who shall have made any agreement or shall entered into comhave given or performed, or promised to give or perform any consideration whatever, or to do or not to do anything whatever, in order to induce any other person or persons not to bid for a mail contract. And if any person so offending be a mail contractor, he may be forthwith dismissed from the service of the department: (b) Provided, That whenever the postmaster-general shall exercise the power conferred on him by this section, he shall transmit a copy or statement of the evidence on which he acts, to congress at its next session. 123. No person whose bid for the transportation of the mail may be accepted, shall Ibid. 29. receive any pay until he shall have executed his contract according to law and the regu- No payments lations of the department; nor shall any payment be made for any additional regular until execution service in the transportation of the mail, unless the same shall have been rendered in obedience to a prior legal order of the postmaster-general. (a) A guarantee in the form prescribed, but executed with the time prior to which the contract is to be executed left in blank, is not a compliance with the law. 3 Opin. 475. of contract, &c. (b) Where one of two or more contractors have been guilty of a violation of this section, the postmaster-general may annul the contract and re-let the route according to law. 3 Opin. 436. 2 July 1836 % 30. Repealing section. 20 Feb. 1845. 5 Stat. 796. 8 March 1845 14. 5 Stat. 737. Contracts with steamboats need not be advertised. May be made for a less term. 124. That so much of the act concerning the post office department, approved March 3d 1825, as directs that duplicates or copies of contracts or orders made by the postmaster-general shall be lodged in the office of the comptroller of the treasury, be repealed. 125. That the postmaster-general be and he hereby is authorized to make and enter into contracts with any railroad company, for the transmission of the mail, without advertising for bids on such railroads, as now required by law. 126. The postmaster-general shall have power, and he is hereby authorized, to contract with the owners or commanders of any steamboat plying upon the western or other waters of the United States, for the transportation of the mail for any length of time or number of trips, less than the time for which contracts for transporting the mail of the United States are now usually made under existing laws, and without the previous advertisements now required before entering into such contracts, whenever in his opinion the Price to be paid. public interest and convenience will be promoted thereby: (a) Provided, That the price to be paid for such service, shall in no case be greater than the average rate paid for such service, under the last preceding or then existing regular contract for transporting the mail, upon the route he may so for a less time contract for the transportation of the mail upon. Ibid. 18. 127. It shall be the duty of the postmaster-general in all future lettings of contracts Contracts to be for the transportation of the mail, to let the same, in every case, to the lowest bidder, awarded to the tendering sufficient guarantees for faithful performance, without other reference to the without regard to mode of such transportation than may be necessary to provide for the due celerity, lowest bidder, mode of trans portation. Ibid. 19. Railroad routes to be classified. certainty and security of such transportation; nor shall any new contractor hereafter be required to purchase out, or take at a valuation, the stock or vehicles of any previous contractor for the same route. 128. To insure, as far as may be practicable, an equal and just rate of compensation, according to the service performed, among the several railroad companies in the United States, for the transportation of the mail, it shall be the duty of the postmaster-general to arrange and divide the railroad routes, including those in which the service is partly by railroad and partly by steamboats, into three classes according to the size of the mails, the speed with which they are conveyed, and the importance of the service; and it shall be lawful for him to contract for conveying the mail with any such railroad Rates of compen- company, either with or without advertising for such contract: Provided, That, for the conveyance of the mail on any railroad of the first class, he shall not pay a higher rate of compensation than is now allowed by law; (6) nor for carrying the mail on any railroad of the second class, a greater compensation than one hundred dollars per mile per annum; nor for carrying the mail on any railroad of the third class, a greater compensation than fifty dollars per mile per annum. And in case the postmaster-general shall sation limited. Duties of post master-general if unable to contract at such rates. not be able to conclude a contract for carrying the mail on any of such railroad routes, at a compensation not exceeding the aforesaid maximum rates, or for what he may deem a reasonable and fair compensation for the service to be performed, it shall be lawful for him to separate the letter mail from the residue of the mail, and to contract, either with or without advertising, for conveying the letter mail over such route, by horse express or otherwise, at the greatest speed that can reasonably be obtained; and also to contract for carrying over such route the residue of the mail, in wagons or otherwise, at a slower Additional com- rate of speed: Provided, That if one-half of the service, on any railroad, is required to pensation for be performed in the night season, it shall be lawful for the postmaster-general to pay twenty-five per cent. in addition to the aforesaid maximum rates of allowance: And provided further, That if it shall be found necessary to convey over any railroad route more than two mails daily, it shall be lawful for the postmaster-general to pay such additional compensation as he may think just and reasonable, having reference to the service performed and the maximum rate of allowance established by this act. night service and double mails. 2 March 1849 3 1. 9 Stat. 353. 129. The disability to contract with the post office department, now imposed by law on any person or persons, for entering into combinations against said department in When disability relation to contracts therewith, shall ir all cases, existing or to exist, cease after the ing into combina- expiration of five years from the time incurred: Provided, That any person incurring said disability a second time shall never be released therefrom. of persous enter tions to cease. 130. That the postmaster-general be and he is hereby authorized to enter into contracts, or to make suitable arrangements for transporting through any foreign country the mails of the United States, running from and to any point in the said United States: Provided, That such contracts as shall be made under the authority conferred by this section, shall not be for a longer period than four years, and that, in making them, the postmaster-general shall be bound to select the speediest, safest and most economical route: Provided further, That such contracts shall be subject to be revoked and annulled, (b) See supra, 56. (a) See 5 Opin. 373. whenever any new road or canal shall be cut or opened, affording a speedier, more eco- 3 March 1851. nomical, and equally as safe means of communication between the point of departure when subject to and the point of destination of the mail to be transported; and that, in such case, a fair be revoked. indemnity be awarded to the parties concerned: And provided further, That, before Notice. making such contracts, notice shall be given during sixty days, by advertisements in the usual manner, for inviting proposals for mail contracts. 131. Upon the application of either of the companies contracting to carry the mail in 3 March 1853 & 4 ocean steamers from New York to Havre, or from New York to Bremen, the postmaster- 10 Stat. 240. general is hereby authorized to discharge such company from said contract: Provided, Contractors to That no further compensation shall be paid to either of said companies after such dis- men may be discharge from its contract. Havre and Bre charged. 10 Stat. 684. 132. Each contractor engaged, or to be engaged in carrying mails through any of the 3 March 1855 ? 1. territories west of the Mississippi, shall have the privilege of occupying stations at the rate of not more than one for every twenty miles of the route on which he carries a mail, Contractors west of the Mississippi and shall have a pre-emptive right therein, when the same shall be brought into market, to have pre-emp to the extent of six hundred and forty acres, to be taken contiguously, and to include his lands for stations. improvement; but no such pre-emptive right shall extend to any pass in a mountain or other defile. VIII. POST OFFICES. tion right of 4 Stat. 105. established. 133. Every postmaster shall keep an office, in which one or more persons shall attend 3 March 1825 811. on every day on which a mail shall arrive, by land or water, as well as on other days, at such hours as the postmaster-general shall direct, for the purpose of performing the Post offices to be duties thereof; and it shall be the duty of the postmaster, at all reasonable hours, on every day of the week, to deliver on demand, any letter, paper or packet, to the person When to be kept entitled to, or authorized to receive the same. And all letters brought to any post office open. half an hour before the time of making up the mail at such office, shall be forwarded wetter to be for warded by next therein, except at such post offices where, in the opinion of the postmaster-general, it mail, except, &c. requires more time for making up the mail, and which he shall accordingly prescribe; but this shall, in no case, exceed one hour. Ibid. 14. 134. That the postmaster-general be and he is hereby authorized to allow to each postmaster, such commission (a) on the postages by him collected, as shall be adequate to Postmasters to be his services and expenses.(b) allowed commis- leans and Wash 135. The postmaster-general may allow to the postmaster at New Orleans, at the rate of eight hundred dollars a year, in addition to his ordinary commissions. The post- tion at New Ormaster-general is hereby authorized to allow to the postmaster of the city of Washing- ington. ton, in addition to the allowance made by this act for postage collected, and for free letters received by him for delivery, a commission of five per cent. on the amount of mails distributed at his office: (c) Provided nevertheless, That the whole annual emolument of the said postmaster, including the extra compensation of eight hundred dollars which is hereby allowed him, shall be subject to the restrictions imposed by the 41st section of this act.(d) Ibid. 17. make entry, un office. 136. No ship or vessel arriving at any port within the United States where a post office is established, shall be permitted to report, make entry or break bulk, until the master Vessels not to be or commander shall have delivered to the postmaster, all letters directed to any person permitted to or persons within the United States or the territories thereof, which, under his care, or til delivery of letwithin his power, shall be brought in such ship or vessel, except such as are directed to ters at the post the owner or consignee of the ship or vessel. And it shall be the duty of the collector or other officer of the port empowered to receive entries of ships or vessels, to require oath. from every master or commander of such ship or vessel an oath or affirmation, (e) purporting that he has delivered all such letters, except as aforesaid. And if any commander or master of any such ship or vessel shall break bulk before he shall have complied with Penalty for violathe requirements of this act, every such offender shall, on conviction thereof, forfeit for every such offence, a sum not exceeding one hundred dollars. tion. ters. Ibid. 18. 137. The postmaster to whom such letters may be delivered, shall pay the master or commander, or other person delivering the same, except the commanders of foreign Payment to maspackets, two cents for each letter or packet; and shall obtain from the person delivering the same a certificate, specifying the number of letters and packets, with the name of Certificate. the ship or vessel, and the place from whence she last sailed; which certificate, together with a receipt for the money, shall be, with his quarterly accounts, transmitted to the postmaster-general, who shall credit him with the amount. (a) The several acts regulating the compensation of postmasters, invest the postmaster-general with authority to allow them commissions on all moneys by them respectively collected in each quarter of the year. They are entitled to commissions on moneys collected for postage on foreign letters, which are payable by treaty to foreign governments, as well as upon moneys collected for postage on other matter conveyed in the mails. 5 Opin. 300. 3 March 1825 20. 138. The deputy postmaster, and other agents of the postmaster-general, shall duly Postmasters, &c., account and answer to him for all way letters which shall come to their hands; and for to be accountable this purpose, the post riders and other carriers of the mail, receiving any way letter or for way letters. letters, (and it shall be their duty to receive them, if presented more than one mile from a post office) shall deliver the same, together with the postage, if paid, at the first post office to which they shall afterwards arrive; where the postmaster shall duly enter the same, and specify the number and rate or rates in the post bill, adding to the rate of each way letter one cent; which shall be paid by the postmaster to the mail carrier from whom such way letter shall be received. Carriers, &c., to receive way letters. Ibid. 41. Emoluments of postmasters above $2000 per annum to be ac counted for. 2 March 1827 6. 4 Stat. 238. Not to be agents for lottery offices, &c. 2 July 1836 31. 5 Stat. 87. Schedule of arrivals and de partures to be furnished to post masters. 139. Whenever the annual emoluments of any postmaster, after deducting therefrom the necessary expenditures incident to his office, shall amount to more than two thousand dollars, the surplus shall be accounted for and paid to the postmaster-general, and by him to be accounted for in the same manner as other moneys accruing from the post office establishment. 140. No postmaster or assistant postmaster, shall act as agent for lottery offices, or under any color of purchase or otherwise, vend lottery tickets; nor shall any postmaster receive free of postage, or frank, lottery schemes, circulars or tickets; for a violation of this provision, the person offending shall suffer a penalty of fifty dollars. 141. It shall be the duty of the postmaster-general to furnish to the postmasters at the termination of each route, a schedule, specifying the times of arrival and departure at their offices, respectively, of each mail, a copy of which the postmaster shall post up in some conspicuous place in his office; and the postmaster-general shall also furnish a notice in like manner, of any change or alteration in the arrivals and departures which may be ordered by him. And it shall be the duty of every postmaster promptly to report to the department every delinquency, neglect or malpractice of the contractors, their agents or carriers, that may come to his knowledge. And the postmaster-general Registers to be shall cause to be kept and returned to the department, at short and regular intervals, by kept. postmasters at the ends of routes, and such others as he may think proper, registers, showing the exact times of the arrivals and departures of the mails. Delinquencies, &c., to be report ed. Ibid. 32. Penalty for unof letters, &c. 142. If any postmaster shall unlawfully detain in his office any letter, package, pamphlet or newspaper, with intent to prevent the arrival and delivery of the same to the lawful detention person or persons to whom such letter, package, pamphlet or newspaper may be addressed or directed in the usual course of the transportation of the mail along the route; or if any postmaster shall, with intent as aforesaid, give a preference to any letter, package, pamphlet or newspaper over another, which may pass through his office, by forwarding the one and retaining the other; he shall, on conviction thereof, be fined in a sum not exceeding five hundred dollars, and imprisoned for a term not exceeding six months, and shall, moreover, be for ever thereafter incapable of holding the office of postmaster in the United States. 8 March 1841 21. 5 Stat. 430. Postmasters of cities to make re ments from boxes, &c. Excess above $3000 to be accounted for. 143. In addition to returns now required to be rendered by postmasters, it shall be the duty of the postmasters at New York, Boston, Philadelphia, Baltimore and New Orleans, and the other several cities of the Union, each and every year hereafter to render a turns of emolu- quarter-yearly account to the postmaster-general, under oath, in such form as the latter shall prescribe, for the purpose of giving full effect to this proviso, of all emoluments or sums by them respectively received for boxes or pigeon-holes, or other receptacles for letters or papers, and by them charged for to individuals; or for the delivery of letters or papers at or from any place in either of said cities, other than the actual post office of such city; and of all emoluments, receipts and profits that have come to their hands by reason of keeping branch post offices in either of said cities. And if, from such accounting, it shall appear that the net amount received by either of the postmasters, at either of such cities, for such boxes and pigeon-holes, and other receptacles for letters and papers, and for delivering letters or papers at or from any place in either of said cities other than said post office, and by reason of keeping a branch post office in either of said cities, shall, in the aggregate, exceed the sum of three thousand dollars in any one year, such excess shall be paid to the postmaster-general for the use and purposes No postmaster to of the post office department. And no postmaster shall hereafter, under any pretence retain over $5000 whatsoever, have or receive, or retain for himself in the aggregate, more than five thousand dollars per year, including salary, commissions, boxes and all other fees, perquisites and emoluments, of any name or character whatsoever, and for any service whatsoever. (a) per annum. 3 March 1847 10. 9 Stat. 201. Branch offices may be established. 144. That the postmaster-general be authorized and directed, when in his judgment the public interest or convenience may require it, to establish one or more branch post offices to facilitate the operation of the post office, in any city or place which, in the opinion of the postmaster-general, may require such additional accommodation for the (a) This section is re-enacted by act 18 May 1842, cl. 202. 5 Stat. 487. And see infra, 145 |