(R. S. § 3941. Superseded.)

This section provided that before making any contract for carrying the mail, other than those excepted therefrom, the Postmaster-General should give public notice by advertising once a week for six weeks in one or more, not exceeding five, newspapers published in the State or Territory where the service was to be performed, one of which should be published at the seat of government of the State or Territory, and the notice should describe the route, the time at which the mail was to be made up, the time at which it was to be delivered, and the frequency of the service; and the PostmasterGeneral should direct, by special order in each case, the newspapers in which mail lettings or other proposals relative to the business of his Department should be advertised, and no publisher should be paid for the advertisements without having been requested by the Postmaster-General to publish the same. It was superseded by Act March 1, 1881, c. 96, § 1, post, § 7424. § 7424. (Act March 1, 1881, c. 96, § 1, as amended, Act May 12, 1910, c. 230.) Advertisement of general mail lettings.

Hereafter the Postmaster-General shall cause advertisements of all general mail lettings of each State and Territory to be conspicuously posted in each post-office named in said advertisements for at least sixty days before the time of such general lettings, and no other advertisement of such lettings shall be required; but this provision shall not apply to any other than general mail lettings. (21 Stat. 374. 36· Stat. 366.)

These provisions, as originally enacted, following an appropriation for advertising in the postal service appropriation act for the fiscal year 1882, cited above, read as follows:

"Hereafter the Postmaster-General shall cause advertisements of all general mail-lettings of each State and Territory to be conspicuously posted in each post-office in the State and Territory embraced in said advertisements for at least sixty days before the time of such general letting and no other advertisement of such lettings shall be required; but this provision shall not apply to any other than general mail-lettings. And whenever it shall become necessary to employ temporary service on any mail route, it shall be the duty of the Postmaster-General to advertise for bids, or proposals for such service by posting notices in the post-offices at the termini of such route and upon a bulletin-board in a public place in the Post-Office Department building at Washington in the District of Columbia for at least ten days prior to such letting."

The last provision, relating to posting of notices of temporary mail lettings, was superseded by the more comprehensive provisions of Act July 26, 1892, c. 249, § 1, post, § 7425.

The preceding provision, not so superseded, was amended by a provision of the postal service appropriation act for the fiscal year 1911, cited above, to read as set forth here.

These provisions superseded R. S. § 3941, and Act May 17, 1878, c. 107, § 1, 20 Stat. 61. See note under R. S. § 3941, ante.

A provision substantially similar to the first sentence of this provision was contained in previous similar appropriation acts, Act July 12, 1876, c. 179, 19 Stat. 78, Act March 3, 1877, c. 110, 19 Stat. 383, Act June 17, 1878, c. 259, 20 Stat. 140, Act March 3, 1879, c. 180, § 1, 20 Stat. 356.

§ 7425. (Act July 26, 1892, c. 249, § 1.) Advertisement of temporary mail lettings; contracts; temporary service on failure

of contractor.

After providing by general advertisement for the transportation of the mails in any State or Territory as authorized by law, the Postmaster-General may secure any mail service that may become neces

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sary before the next general advertisement for said State or Territory by posting notices, for a period of not less than ten days, in the post-offices at the termini of any route to be let, and upon a bulletin board in the Post-Office Department, inviting proposals, in such form and with such guaranty as may be prescribed by the PostmasterGeneral, for the performance of the proposed service. The contract for such service shall be made to run to the end of the contract term under the general advertisement, shall be made with the lowest bidder whose proposal is in due form, and who, under the law, is eligible as a bidder for such postal service. Temporary service rendered necessary by reason of the failure of any bidder or contractor to perform the service awarded him under this act may be employed by the Postmaster-General without advertisement, at a rate which he may deem reasonable, at the expense of any such failing bidder or contractor. (27 Stat. 268.)

This was the first section of an act entitled "An act to authorize the Postmaster-General to provide mail service, and for other purposes."

Section 2 of said act repealed ali acts or parts of acts inconsistent with the provisions of this act.

This section superseded previous provisions for advertising temporary mail lettings, made by Act March 1, 1881, c. 96, § 1, 21 Stat. 374.

On the failure of an accepted bidder to enter into contract, or on the contractor's failure to perform the service, or on the establishment of new routes, etc., a temporary contract, without advertising, for a term not exceeding six months, was authorized by Act June 23, 1874, c. 456, § 12, and Act Aug. 11, 1876, c. 260, amending Act June 8, 1872, c. 335, § 251, post, § 7438, which was modified so as to limit the term to a period not exceeding one year, by Act June 12, 1879, c. 20, post, § 7439.

A contractor failing to perform his contract was made chargeable with the cost of the temporary service rendered necessary as a consequence of his failure, by Act Aug. 3, 1882, c. 379, § 2, post, § 7426.

The Postmaster-General was authorized, out of the appropriation for inland transportation by star routes in Alaska, in the postal service appropriation act for the fiscal year 1914, "to provide difficult or emergency mail service in Alaska, including the establishment and equipment of relay stations, in such manner as he may think advisable without advertising therefor," by a proviso annexed to said appropriation, in Act March 4, 1913, c. 143, 37 Stat. 796.

§ 7426. (Act Aug. 3, 1882, c. 379, § 2.) Temporary service on failure of contractor; liability of contractor.

Whenever a contractor for postal service fails to commence proper service under the contract, or, having commenced service, fails to continue in the proper performance thereof, the PostmasterGeneral may employ temporary service on the route, at a rate of pay per annum not to exceed the amount of the bond required to accompany proposals for service on such route, as specified in the advertisement of the route, or at not exceeding pro rata of such bond, in cases where service shall have been ordered to be increased, reduced, curtailed, or changed, subsequent to the execution of contract: The cost of such temporary service to be charged to the contractor, and to continue until the contractor commences or resumes the proper performance of service, or until the route can be relet, as now provided by law, and service commenced under the new

award of contract. All acts or parts of acts inconsistent with the provisions of this act being hereby repealed. (22 Stat. 216.)

This section was part of an act entitled "An act to authorize the Postmaster-General to extend the mail service in certain cases and for other purposes."

Section 1 of said act authorized the Postmaster-General to extend the service on a mail route at not exceeding pro rata additional pay, for any distance not exceeding 25 miles beyond either terminal point. It was superseded by Act March 4, 1911, c. 241, § 1, post, § 7449.

The employment of temporary service rendered necessary by reason of the failure of a bidder or contractor to perform the service awarded to him under an advertisement for a temporary service was authorized, without advertisement, at the expense of the failing bidder or contractor, by Act July 26, 1892, c. 249, § 1, ante, § 7421.

§ 7427. (R. S. § 3942.) Contracts with railways without advertising.

The Postmaster-General may enter into contracts for carrying the mail, with railway companies, without advertising for bids therefor. Act June 8, 1872, c. 335, § 265, 17 Stat. 316.

The annual postal service appropriation acts since 1897 have made appropriations for transportation of mail by electric and cable cars, with the proviso that the rate of compensation shall not exceed the amount now received by companies performing such service. Such appropriation for the fiscal year 1914, was by Act March 4, 1913, c. 143, § 1, 37 Stat. 799.

Provisions for the making of contracts for the transmission of mail by pneumatic tubes were made by Act April 21, 1902, c. 563, § 1, post, § 7428. Provisions relating to rates of pay for carrying mail on railways, and for ascertaining the average weight per day of such mails for adjustment of the rate of pay per mile per annum, were made by R. S. §§ 3998, 4002, and subsequent provisions set forth post, under chapter 10 of this Title, "Railway Service."

§ 7428. (Act April 21, 1902, c. 563, § 1.) Transmission of mail by pneumatic tubes; contracts; expert commission; report. For the transmission of mail by pneumatic tubes or other similar devices, **; and the Postmaster-General is hereby authorized to enter into contracts for a period not exceeding four years, after public advertisement once a week for a period of six consecutive weeks in not less than five newspapers, one of which shall be published in each city where the service is to be performed. That the contracts for this service shall be subject to the provisions of the postal laws and regulations relating to the letting of mail contracts, except as herein otherwise provided, and that no advertisement shall issue until after a careful investigation shall have been made as to the needs and practicability of such service and until a favorable report, in writing, shall have been submitted to the Postmaster-General by a commission of not less than three expert postal officials, to be named by him; nor shall such advertisement issue until in the judgment of the Postmaster-General the needs of the postal service are such as to justify the expenditure involved. Advertisements shall state in general terms only the requirements of the service and in form best calculated to invite competitive bidding.

The Postmaster-General shall have the right to reject any and all bids; no contract shall be awarded except to the lowest responsible bidder, tendering full and sufficient guaranties, to the satis

faction of the Postmaster-General, of his ability to perform satisfactory service, and such guaranties shall include an approval bond in double the amount of the bid.

No contract shall be entered into in any city for the character of mail service herein provided which will create an aggregate annual rate of expenditure, including necessary power and labor to operate the tubes, and all other expenses of such service in excess of four per centum of the gross postal revenue of said city for the last preceding fiscal year.

No contract shall be made in any city providing for three miles or more of double lines of tube which shall involve an expenditure in excess of seventeen thousand dollars per mile per annum, and said compensation shall cover power, labor, and all operating

expenses.

The Postmaster-General shall not, prior to June thirtieth, nineteen hundred and four, enter into contracts under the provisions of this Act involving an annual expenditure in the aggregate in excess of eight hundred thousand dollars; and thereafter only such contracts shall be made as may from time to time be provided for in the annual appropriation Act for the postal service; and all provisions of law contrary to those herein contained are repealed. (32 Stat. 114.)

These were provisions of the postal service appropriation act for the fiscal year 1903, cited above.

Contracts under the provisions of this act, pursuant to the provisions of the last paragraph thereof set forth here, were authorized by the subsequent postal service appropriation acts. The provision for the fiscal year 1914, authorizing such contracts for a period not exceeding ten years, was by Act May 27, 1908, c. 206, post, § 7429.

§ 7429. (Act May 27, 1908, c. 206.) Transmission of mail by pneumatic tubes; contracts authorized.

For the transmission of mail by pneumatic tubes or other similar devices, * *; and the Postmaster-General is hereby authorized to enter into contracts not exceeding, in the aggregate, one million three hundred and eighty-eight thousand seven hundred and fiftynine dollars, under the provisions of the law, for a period not exceeding ten years. (35 Stat. 412.)

This was a provision of the postal service appropriation act for the fiscal year 1909, cited above.

A like appropriation of the same amount, without the further provision as to contracts, was made by the similar subsequent appropriation acts. The provision for the fiscal year 1914, was by Act March 4, 1913, c. 143, 37 Stat. 796.

Provisions similar to those of this act were contained in the postal service appropriation acts for preceding years.

The sundry civil appropriation acts for recent fiscal years authorized the Secretary of the Treasury, during the particular fiscal year, out of the appropriations "Fuel, Lights, and Water for Public Buildings," and "Pay of Assistant Custodians and Janitors," to furnish steam for the operation of pneumatic tubes of the postal service, and to pay employés in the production of said steam, the proceeds derived from the sale of said steam to be credited to said appropriations. The provision for the fiscal year 1914, was by Act June 23, 1913, c. 3, § 1, 38 Stat. 22.

§ 7430. (R. S. § 3943.) Contracts for carrying home mails by owners of vessels.

The Postmaster-General may contract with the owner or master of any steamboat plying upon the waters of the United States, or of any steamship or other vessel plying between ports of the United States, for carrying the mail for any length of time less than four years, and without advertising for proposals therefor, whenever the public interest and convenience will thereby be promoted; but the price paid for such service shall in no case be greater than the average price paid under the last preceding or then existing regular contract on the same route.

Act June 8, 1872, c. 335, § 264, 17 Stat. 316.

Contracts for carrying mail on water routes between ports of the United States were authorized to be made for a term not exceeding four years, without advertising for proposals, by Act May 17, 1878, c. 107, § 5, post, § 7454. So much of this section as was in conflict with said section 5 was thereby repealed.

Contracts for inland and foreign steamboat mail service were authorized to be combined in one contract by Act March 3, 1885, c. 342, § 1, post, § 7431. A contract for a period not exceeding four years for the steamboat and other equipment necessary for the Detroit River postal service, was authorized by a provision of Act March 4, 1911, c. 241, § 1, ante, § 7262.

§ 7431. (Act March 3, 1885, c. 342, § 1.) Contracts for inland and foreign steamboat mail service.

The Postmaster-General is authorized to contract for inland and foreign steamboat mail service, when it can be combined in one route, where the foreign office or offices are not more than two hundred miles distant from the domestic office, on the same terms and conditions as inland steamboat service, and pay for the same out of the appropriation for inland steamboat service. (23 Stat. 386.)

This was a provision following an appropriation for inland transportation of the mails by steamboat routes in the postal service appropriation act for the fiscal year 1886, cited above.

Provisions for ocean mail service between the United States and foreign ports were made by Act March 3, 1891, c. 519, post, §§ 7530-7538.

§ 7432. (R. S. § 3944.) Proposals to be sealed, how to be opened. Proposals for carrying the mail shall be delivered sealed, and so kept until the bidding is closed, and shall then be opened and marked in the presence of the Postmaster-General, and one of the assistant postmasters-general, or of two of the assistant postmasters-general, or of any other two officers of the Department, to be designated by the Postmaster-General; and any bidder may withdraw his bid at any time before twenty-four hours previous to the time fixed for the opening of proposals, by serving upon the Postmaster-General, or the second assistant postmaster-general, notice in writing of such withdrawal.

Act June 8, 1872, c. 335, § 244, 17 Stat. 313.

(R. S. §§ 3945, 3946. Superseded.)

R. S. § 3945, provided that proposals for carrying the mail should be accompanied by a written guaranty, signed by one or more responsible persons, and undertaking that, within such time after the bid was accepted as the