Colon, calling at least twice a month at Norfolk, Wilmington, Charleston, and Savannah; also from Seattle or Portland about every 10 days, 39 trips a year, to Panama, calling at Astoria, San Francisco, San Pedro, and San Diego, all calls to be made at the election of the Department. Time, Seattle to Panama 16 days, Boston to Colon 64 days, Philadelphia and Baltimore via southern ports 7 days. Contract for 10 years. Bond required with bid $125,000."

The first section of the act of March 3, 1891 (26 Stat. 830, 831), under which the ocean mail service referred to is sought to be established, provides:

"That the Postmaster General is hereby authorized and empowered to enter into contracts for a term not less than 5 nor more than 10 years in duration, with American citizens, for the carrying of mails on American steamships between ports of the United States and such ports in foreign countries, the Dominion of Canada excepted, as in his judgment will best subserve and promote the postal and commercial interests of the United States, the mail service on such lines to be equitably distributed among the Atlantic, Mexican Gulf, and Pacific ports. Said contracts shall be made with the lowest responsible bidder for the performance of said service on each route, and the Postmaster General shall have the right to reject all bids not in his opinion reasonable for the attaining of the purposes named."

Section 2 requires that—

"before making any contract for carrying ocean mails in accordance with this act the Postmaster General shall give public notice by advertising once a week, for three months, in such daily papers as he shall select in each of the cities. of Boston, New York, Philadelphia, Baltimore, New Orleans, St. Louis, Charleston, Norfolk, Savannah, Galveston, and Moblie, and when the proposed service is to be on the Pacific Ocean, then in San Francisco, Tacoma, and Portland."

That section further provides:

"Such notice shall describe the route, the time when such contract will be made, the duration of the same, the size of the steamers to be used, the number of trips a year, the

times of sailing, and the time when the service shall commence, which shall not be more than three years after the contract shall be let. The details of the mode of advertising and letting such contracts shall be conducted in the manner prescribed in chapter 8 of title 46 of the Revised Statutes for the letting of inland mail contracts so far as the same shall be applicable to the ocean mail service."

Section 3 requires that the steamships shall be of American build, owned and officered by American citizens, and manned in certain proportions by American crews. This section also divides such steamships into four classes and specifies the manner and material of their build, tonnage, and rate of speed, particulars which differ with the class. Section 4 provides that the ships shall be constructed according to plans and specifications approved by the Secretary of the Navy and of sufficient strength to be readily convertible into cruisers. Section 5 fixes the maximum rate of compensation to be paid for such ocean mail service to the ships of each class at so much a mile, " by the shortest practicable route, for each outward voyage." The other sections of the statute are inapplicable to the question under consideration.

This statute gives you a large discretion in contracting for the carriage of the mails in American steamships between ports of the United States and ports in foreign countries, but it limits your authority by providing (sec. 1) that "said contracts shall be made with the lowest responsible bidder for the performance of said service on each route." This provision requires a separate contract for each separate and distinct line of service. The word "route" means the course or way to be traveled in going from one place to another. (Standard Dict.; Webster's Dict.; Attorney General v. West Wisconsin Railway, 36 Wis. 466, 494.) So, stoppages between the point of departure and the point of destination are said to be made " en route,” i. e., on the road or way. There is no doubt as to the meaning of the word, and it appears to have been used in the statute in its ordinary sense. Thus, section 2 of the act provides that such notice shall describe the route, the time when such contract will be made, the duration of same, the size of the

steamers to be used, the number of trips a year, the times of sailing," etc., corresponding in this respect to the provisions of the Revised Statutes in respect to letting inland mail contracts (chap. 8 of Title XLVI), which it is said shall govern the details of advertising and letting ocean mail service contracts. So, also, section 5 of the act fixes the rate of compensation to ships of each class for such service at so much per mile, "by the shortest practicable route, for each, outward voyage."

Looking at proposed schedule No. 81, for vessels of the second class, it will be seen that it provides for ocean mail service (1) between New York and Colon, calling at Key West, (2) between New Orleans and Colon, and (3) between San Francisco and Panama, calling at San Pedro and San Diego, at the election of your Department. Here are three separate and distinct lines of service, the third separated from the first two by a whole continent, which it is proposed by mere designation to include in one "route." If this could be done the service specified in route No. 82, for vessels of the third class, might also be included, the difference in the class of the vessels merely affecting the matter of compensation. In fact, upon this theory, the entire ocean mail service between the United States and foreign countries, from both Atlantic and Pacific ports, might be let under one contract, and thus a complete monopoly with respect to such service established.

There is nothing in the language or purpose of the act that justifies this construction. In fact, it is plainly inhibited by the requirement of section 1, that “said contracts shall be made with the lowest responsible bidder for the performance of said service on each route," which is intended to avoid monopoly by securing the fullest competition. Furthermore, the provision of section 2 that notice of the service desired shall be given by advertisement in daily papers of certain cities located in the eastern part of the United States, but "when the proposed service is to be on the Pacific Ocean, then in San Francisco, Tacoma, and Portland," shows that Congress contemplated that the service on the Atlantic and Pacific Oceans would be the subject of separate contracts.

I may add that my attention has been called to nothing in other statutes in relation either to the ocean or the inland mail service or the practice of the Post Office Department thereunder which justifies the construction sought to be placed upon the act of March 3, 1891. I have the honor, therefore, to advise you that, in my opinion, the proposed method of advertising and contracting for ocean mail service under that statute is illegal.

Respectfully,

GEORGE W. WICKERSHAM.

The POSTMASTER GENERAL.

EXPORTATION OF SADDLES, BRIDLES, CANTEENS AND CARBINE SCABBARDS TO MEXICO.

The exportation of saddles, bridles, canteens, and carbine scabbards by merchants in the United States to other merchants in Mexico falls within the purview of the President's proclamation of March 14, 1912, prohibiting the export of arms or munitions of war to that country.

DEPARTMENT OF JUSTICE,

April 20, 1912.

SIR: You have referred to me for my opinion a letter from the Secretary of the Treasury asking whether the exportation of saddles, bridles, canteens, and carbine scabbards by merchants in the United States to other merchants in Mexico falls within the purview of your proclamation of the 14th of March.

The articles mentioned are clearly articles of military equipment. As said in my opinion to you of the 25th of March, the object of the joint resolution is to forbid the exportation" of such arms or munitions of war as are used in promoting conditions of domestic violence." While saddles and bridles are also used in peaceful pursuits, they, as well as canteens and carbine scabbards, are among the munitions of war which are now being used in promoting the disturbances in Mexico.

I think, therefore, that the question should be answered in the affirmative.

Respectfully,

THE PRESIDENT.

GEORGE W. WICKERSHAM.

EIGHT-HOUR LAW-REPAIRS TO GOVERNMENT VESSELS.

The employment of laborers and mechanics in making repairs to Government vessels is employment upon a public work of the Unitel States, and is therefore subject to the restrictions of the eight-hour law of August 1, 1892 (27 Stat. 340).

DEPARTMENT OF JUSTICE,

May 10, 1912.

SIR: I have the honor to acknowledge the receipt of your letter of the 6th instant, in which you request my opinion as to whether the act of August 1, 1892 (27 Stat. 340), is applicable to contracts for repairs to light vessel No. 81 and the tender Magnolia, which are owned by the Government.

That act limits and restricts the service and employment of all laborers and mechanics who may be employed by any contractor or subcontractor "upon any of the public works of the United States " to eight hours in any one calendar day. In Ellis v. United States (206 U. S. 246, 258, 259) the Supreme Court in construing the act said:

* **

*

* *

The words 'upon' and 'any of the,' and the plural works' import that the objects of labor referred to have some kind of permanent existence and structural unity, and are severally capable of being regarded as complete wholes. The language of the acts is public works of the United States.' As the works are things upon which the labor is expended, the most natural meaning of 'of the United States' is belonging to the United States."

It was held in that case that persons employed by a contractor with the Government upon vessels and scows in dredging a harbor "were not laborers and mechanics and were not employed upon any of the public works of the United States within the meaning of the act." This holding, as well as other language of the opinion in that case, indicates that the majority of the court did not regard. dredging work as having "permanent existence," or structural unity," or "capable of being regarded as com

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