Chapter 107.
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CHAP. 107.— AN ACT to regulate the advertising of mail lettings, and for other purposes.May 17, 1878. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Mail lettings, how advertised.1876, eh. 260.19 Stat., 129. That before making any contract for inland mail transportation, other than by railroads and steamboats, except for temporary service, as provided for in an act approved August eleventh, eighteen hundred and seventy-six, amendatory of subsections two hundred and forty-six and two hundred and fifty one of section twelve of an act approved June twenty third, eighteen hundred and seventy-four, the Postmaster-General shall cause to be published, in not exceeding ten newspapers published in the State or Territory in which such service is to be let, one of which shall be published at the seat of government of such State or Territory, once a week, for six consecutive weeks, preceding the time of letting, a notice in displayed type, not to exceed six inches of space in one column of a newspaper of the following purport:
MAIL LETTINGS. notice to contractors.Form of notice. Post Office Department, Washington, D. G., —, 18—. Proposals will be received at the Contract Office of this Department until —, A. M. of——, 18—, for carrying the mails of the United States, upon the routes, and according to the schedule of arrival and departure specified by the Department, in the State (or Territory) of, from 18—, to 18—. Lists of routes, with schedules of arrivals and departures, instructions to bidders, with forms for contracts and bonds and all other necessary information will be furnished upon application to the Second Assistant Postmaster-General. —— Postmaster-General. 62 FORTY-FIFTH CONGRESS.
Sess. II. Ch. 107. 1878. and no other advertisement of miscellaneous lettings shall be requiredContract, when to take effect. t *Provided*, That said contracts for mail letting shall not take place in less than sixty days after the first publication. Sec. 2. Hereafter no sub letting or transfer of any mail contracts shallSub-letting, etc., without consent. be permitted without the consent in writing of the Postmaster-General; and whenever it shall come to the knowledge of the Postmaster-General that any contractor has sub let or transferred his contract, except with the consent of the Postmaster-General as aforesaid, the same shall be considered as violated and the service may be again advertised as herein provided for; and the contractor and his securities shall be liable on their bond to the United States for any damage resulting to the United States in the premises.
Sec. 3. Hereafter, when any person or persons being under contract Sub-letting with consent; settlements and payments.with the Government of the United States for carrying the mails, shall lawfully sub let any such contract, or lawfully employ any other person or persons to perform the service by such contractor agreed to be performed, or any part thereof, he or they shall tile in the office of the Second Assistant Postmaster-General a copy of his or their contract; and thereupon it shall be the duty of the Second Assistant Postmaster-General to notify the Auditor of the Treasury for the Post Office department of the fact of the filing in his office of such contract.
Said notice shall embrace the name or names of the original contractor or contractors, the number of the route or routes, the name or names of the sub contractor or sub contractors, and the amount agreed to be paid to the sub contractor or sub contractors. And upon the receipt of said notice by the Auditor of the Treasury for the Post Office Department, it shall be his duty to retain, out of the amount duo the original contractor or contractors, the amount stated in said notice as agreed to be paid to the sub contractor or sub contractors, and shall pay said amount,, upon the certificate of the Second Assistant Postmaster General, to the sub contractor or subcontractors, under the same rules and regulations now governing the payments made to original contractors: *Provided*, That upon satisfactory evidence that the original contractor or contractors have paid off and discharged the amount due under his or their contract to the sub contractor or subcontractors, it shall be the duty of the Second Assistant Postmaster General to certify such fact to the Auditor of the Treasury for the Post Office Department; an thereupon said Auditor shall settle with the original contractor or contractors, under the same rules as are now provided by law for such settlements.
Sec. 4. Hereafter all advertisements, notices, proposals for contracts,Advertisements, etc.; rates for. and all other forms of advertising required by law for the Post Office Department may be paid for at a price not to exceed the commercial rates charged to private individuals with the usual discounts, such rates to be ascertained from sworn statements to be furnished to the Postmaster-General by the proprietors of the newspapers proposing to so advertise: *Provided*, That all advertising in newspapers since the tenth da.v of April, eighteen hundred and seventy-seven, shall be audited and paid at like rates.
But the Postmaster-General may secure lower terms at special rates, whenever the public interest requires it. Sec. 5. When from any cause it may become necessary to make aWater-route contracts. new contract for carrying the mails upon any water route between ports of the United States, upon which mail service has previously been performed, the Postmaster-General may contract with the owner or master of any steamship, steamboat or other vessel plying upon the waters or between ports of the United States, for carrying the mail upon said route for any length of time not exceeding 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 upon the same route.
And the Postmaster-General may contract with the owners or masters of steamships steamboats or other vessels plying upon the waters or be FORTY-FIFTH CONGRESS. Sess. II. Ch. 107, 109, 140, 141, 142. 1878. 63 tween ports of the United States for carrying the mails upon such routes where no mail service has previously been performed, without advertising for proposals therefor; but no contract for such new service shall be for a longer time than one year. No contract for carrying the mails between the United States and any foreign port shall be for a longer time than two years, unless otherwise directed by Congress.
So muchR. S. 3943, p. 770.R. S. 3950, p. 770.R. S. 3970, p. 773.Repealed in part. of sections thirty-nine hundred and forty-three, thirty-nine hundred and fifty-six, and thirty-nine hundred and seventy of the Revised Statutes as is in conflict with the preceding sections is hereby repealed. Sec. 6. All laws or parts of laws inconsistent with this act are hereby repealed. Approved, May 17, 1878.