Offices established during contract term. Consolidated bids. Proposals from disqualified per sons. Delivery and opening of proposals. tance is greater than that stated in the advertisement, if the points to be supplied are correctly stated. 2. Post offices established during a contract term shall be visited by the contractor or carrier without allowance of additional pay if the distance be not thereby increased, and for pro rata additional pay if the distance be increased. Sec. 1419. Consolidated or combined bids for mail service (proposing one sum for two or more routes) will not be considered. Sec. 1420. No proposal for carrying the mail submitted by a married woman or by a person under 21 years of age, or a person who is disqualified in any manner from entering into a valid, binding contract, will be accepted. Sec. 1421. Proposals for carrying the mail shall be delivered sealed, and so kept until the bidding is closed, and shall then be Before whom opened and marked in the presence of the Postmaster General, and opened. R. S., § 3944. 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 Withdrawal of withdraw his bid at any time before twenty-four hours previous to proposals. 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. Proposals. -when not to be considered. Award, suspension of. bids. Sec. 1422. Proposals submitted in response to a general or miscellaneous advertisement, received at the Post Office Department after the limit of time fixed in such advertisement for the receipt of bids, shall not be considered in competition with bids received within the prescribed time. No transfer or assignment shall be made of a bid or any interest therein. 2. The award under a general advertisement for service on any route may be suspended by the Postmaster General for a period not exceeding 30 days after the date stated in such advertisement, with a corresponding allowRejection of ance of time for the execution of the contract; all bids on any route may be rejected whenever in the judgment of the Postmaster General the interest of the service requires it, and bids accompanied by bonds on which there appears as surety the name of any person who is barred from bidding by reason of being a failing bidder or contractor, or for any other reason, may be disregarded. See sec. 1453, as to assignment of contracts. in a Sec. 1423. The Postmaster General shall have recorded, book to be kept for that purpose, a true and faithful abstract of all proposals made to him for carrying the mail, giving the name of the party offering, the terms of the offer, the sum to be paid, and the time the contract is to continue; and he shall put on file and preserve the originals of all such proposals until the end of the contract term to which they relate, after which the proposals that were not accepted may be destroyed or disposed of as waste paper. Record of proposals. 1898, June 13; 30 Stat., 444. Proposals not accepted to be destroyed. Contracts in name of United VI. CONTRACTS-PERFORMANCE OF SERVICE. Sec. 1424. All contracts for carrying the mail shall be in the name of the United States, and shall be awarded to the lowest bidder States. R. S., § 3949. tendering sufficient guarantees for faithful performance, without other Award to lowreference to the mode of transportation than may be necessary to est bidder, exprovide for the due celerity, certainty, and security thereof; but the Postmaster General shall not be bound to consider the bid of any person who has willfully or negligently failed to perform a former contract. See sec. 1433, as to new sureties on contracts. cept. Contractor to 2. A contractor for service on star, screen, or regula-route. tion wagon route shall live on or contiguous to the route, and shall give his personal supervision to the performance of the service thereon. Contracts limto four Sec. 1425. No contract for carrying the mail shall be made for a1ted longer term than four years, * * * *. years. R. S., § 3956. contracts. to prevent bidR. S., § 3950. 2. * * In all cases of regular contracts hereafter made, the contract may, in the discretion of the Postmaster General, be continued in force beyond its express terms for a period not exceeding six 19 Stat., 130. -for six months, months, until a new contract with the same or other contractors shall authorized. be made by the Postmaster General. Sec. 1426. No contract for carrying the mail shall be made with Combinations any person who has entered, or proposed to enter, into any com-ding. bination to prevent the making of any bid for carrying the mail, or contracts not to who has made any agreement, or given or performed, or promised to be made with per sons entering. give or perform, any consideration whatever to induce any other person not to bid for any such contract; and if any person so offending is a contractor for carrying the mail, his contract may be annulled; and -penalty for. for the first offense the person so offending shall be disqualified to contract for carrying the mail for five years, and for the second offense shall be forever disqualified. See sec. 1313, as to persons disqualified as mail contractors; sec. 1692, as to Members of Congress being interested in contracts. Sec. 1427. Contracts for carrying the mail shall be executed in duplicate, and both copies filed in the Post Office Department on or before the day specified therefor in a general advertisement; and within 30 days after acceptance of a proposal under a bulletin advertisement. Accepted bidders neglecting to observe this requirement will be considered as failing. Time of exe cution and filing of contracts. tracts furnished Copies of con- 2. A contractor may obtain a copy of his contract by department. upon application to the Post Office Department. Failure of bid der to enter into tractor to commence service. 19 Stat., 129. case of. Sec. 1428. After any regular bidder whose bid has been accontract or con- cepted shall fail to enter into contract for the transportation of the mails according to his proposals, or having entered into contract, 1876, Aug. 11; shall fail to commence the performance of the service stipulated -new contract in in his or their contract as therein provided, the Postmaster General shall proceed to contract with the next lowest bidder or bidders in the order of their bids, for the same service, who will enter into a contract for the performance thereof, unless the Postmaster General shall consider such bid or bids too high, and in case each of said bids shall be considered too high, then the Postmaster General shall be authorized to enter into contract, at a price less than that named in said bids, with any person, whether a bidder or not, who will enter into contract to perform the service in accordance with the terms and provisions prescribed for the execution of other contracts for similar service; and in case no satisfactory contract can be thus obtained, he shall readvertise such route. Failure of contractor to perform service. 1876, Aug. 11; 19 Stat., 130. * * Sec. 1429. * If any bidder whose bid has been accepted, and who has entered into a contract to perform the service according to his proposal, and in pursuance of his contract has entered upon the performance of the service, to the satisfaction of the Postmaster General, shall subsequently fail or refuse to perform the service according to his contract, the Postmaster General shall proceed to contract with the next lowest bidder for such service, under the advertisement thereof (unless the Postmaster General shall consider such bid too high), who will enter into contract and give bond, with sureties to be approved by the Postmaster General, for the faithful performance thereof, in the same penalty and with the same terms and conditions thereto annexed as were stated and contained in the bond which accompanied his bid; and in case said next lowest bidder shall decline -new contract in to enter into contract for the performance of such service, then the case of. Duplicate of contracts to be Postmaster General may award the service to, and enter into contract with, any person, whether a bidder on said route or not, who will enter into contract to perform the service and execute a bond of like tenor and effect as that required of bidders, in a penalty to be prescribed, and with sureties to be approved by the Postmaster General, for the performance of the service contracted to be performed at a price not exceeding that named in the bid of the said next lowest bidder; and if no contract can be secured at the price named in said next lowest bid, then the Postmaster General shall proceed to secure a contract, at a price not considered too high, with any person who will execute such contract in accordance with the law applicable thereto, giving, in all cases, the preference to the regular bidders on the list whose bids do not exceed the price at which others will contract therefor; and if no satisfactory contract can be thus secured, the route shall be readvertised. Sec. 1430. The Postmaster General shall deliver to the Sixth delivered to Au- Auditor (Auditor for the Post Office Department), within sixty days R. S., § 404. after the making of any contract for carrying the mail, a duplicate copy thereof. ditor. terms of con Sec. 1431. Whenever it becomes necessary to change the terms Change in of an existing contract for carrying the mail otherwise than as provided tracts. in the preceding section, notice thereof shall be given and proceedings had thereon the same as at the letting of original contracts. NOTE.-The "preceding section" to the one above quoted, or R. S., § 3957, is evidently not the one intended to be referred to. In the act of June 8, 1872 (17 Stat., 315), the section from which R. S., R. S., § 3958. -how effected. Note. § 3958, was taken, reads, "otherwise than as provided in secs. 261 Sections reand 262." Those sections reappeared in the revision as 3960 and ferred to. 3961, and are here given as secs. 1442 and part of 1443. The in contracts. above section is also qualified by the act of Aug. 3, 1882 (see sec. Other provi1441), authorizing extension of service, and sec. 1432, under which sions as to changes service is discontinued or curtailed. The provision, "the same as at the letting of original contracts," is qualified by the act of July 26, 1892 (see sec. 1412), in relation to bulletin advertisements for service needed before the general lettings. ance or curtall -reasons for. Sec. 1432. The Postmaster General may discontinue, Discontinu or curtail the service on any mail route, in whole or in ment of service. part, in order to place on the route superior service, or whenever the public interests, in his judgment, shall require such discontinuance or curtailment for any other cause, the contractor to be allowed, as full indemnity, one indemnity in month's extra pay, on the amount of service dispensed with and a pro rata compensation for the amount of service retained and continued. Sec. 1433. The Postmaster General, whenever he may deem it consistent with the public interest, may accept or require new surety upon any contract existing or hereafter made for carrying the mails, in substitution for and release of any existing surety. case of. New sureties on contracts. 1879, Mar. 3; 20 Stat., 362. of service by Schedules. Sec. 1434. All mail contractors shall be required- Performance (a) To carry the mail with certainty, celerity, and contractors, Manner of carsecurity, using therefor such means as may be necessary rying mail. to transport the whole of the mail, whatever may be its size, weight, or increase during the term of the contract, and without additional pay; to carry the mail by the schedule of departures and arrivals stated in the advertisement under which contract is made, and within the running time fixed therein, until said schedule is altered by the authority of the Postmaster General, and then to carry according to such altered schedule, provided that when more than ten minutes are taken for opening for opening and and closing the mails at any office (see sec. 577) the addi- closing the nails. tional time so taken will be allowed in addition to the time fixed in said schedule, unless otherwise provided in the contract; in all cases to carry the mail in preference to passengers and freight, and to their entire exclusion if its weight, bulk, or safety shall so require; and to carry Ten minutes regular convey arces. mail. from and deliv offices. Extra trips by the mail, upon demand, by any conveyance which the contractor regularly runs, or is concerned in running. on the route, beyond the number of trips specified in the contract, in the same manner and subject to the same regulations as are provided concerning regular trips. Protection of (b) To carry the mail in a safe and secure manner and to protect it from becoming wet or otherwise injured. Taking mail (c) To take the mail and every part thereof from, ering into put and deliver it promptly at, each post office on the route, or that may be established on the route, and into the post office at each end of the route, and into the post office, if one is there kept, at the place at which the carrier Care of mall stops for the night (see sec. 578); and if no post office is there kept, to lock it in some secure place, at the risk of the contractor. When horses are employed, the driver will not be required to leave them for the purpose of delivering the mail at a way post office, but must drive as near the office as practicable and deliver the mail to the postmaster. In no case should the mail be thrown on the ground. overnight. Liability for carrier. (d) To be accountable and answerable in damages for the person to whom the contractor shall commit the care and transportation of the mail, and responsible for his care and faithful performance of the obligations assumed by the contractor and imposed by law; to commit the care or transportation of the mail to no person under 16 years of age, nor to any person prohibited by law from being concerned in a contract for carrying the mails; to discharge any carrier of the mail whenof inspectors, sup ever required so to do by the Postmaster General; to carry post-office blanks, mail locks and bags, and other postal supplies, and also post-office inspectors and other agents of the department on the exhibition of their credentials, if a coach or other suitable conveyance is used, without additional charge. Transportation plies, etc. Exchange of mails at terminus on railroad. (e) Where the service on a star route terminates at a railroad station, to make the exchange of mails, delivering the pouch to and receiving it from the postal Catcher service. clerk on the train; where crane and catcher service is used, to hang the pouch on the crane and remain in charge of it until it is on board the train, and to take charge of the pouch immediately on its being thrown from the mail car; unless the star route terminates at a |