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A-12278, JANUARY 13, 1926, 5 COMP. GEN. 475

A-12278 Jan 13, 1926
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TRANSPORTATION OF MAILS - RURAL ROUTE CONTRACTS - ADDITIONAL SERVICE ADDITIONAL SERVICE PERFORMED IN TRANSPORTING MAIL BY A RURAL-ROUTE CONTRACTOR UPON ORDERS FROM THE LOCAL POSTMASTER MAY NOT BE PAID FOR FROM PUBLIC FUNDS AS A POSTMASTER IS WITHOUT JURISDICTION TO ORDER ADDITIONAL SERVICE. HE ALSO WAS THE SUBCONTRACTOR ON ROUTE NO. 23118. THIS WAS DISCONTINUED AS SOON AS THE FACTS WERE BROUGHT TO THE ATTENTION OF THE CHIEF CLERK. OR IS CONCERNED IN RUNNING. IN THE SAME MANNER AND SUBJECT TO THE SAME REGULATIONS AS ARE HEREIN PROVIDED TOUCHING REGULAR TRIPS. IT IS HEREBY STIPULATED AND AGREED BY THE SAID CONTRACTOR AND HIS SURETIES THAT THE POSTMASTER GENERAL MAY DISCONTINUE OR EXTEND THIS CONTRACT.

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A-12278, JANUARY 13, 1926, 5 COMP. GEN. 475

TRANSPORTATION OF MAILS - RURAL ROUTE CONTRACTS - ADDITIONAL SERVICE ADDITIONAL SERVICE PERFORMED IN TRANSPORTING MAIL BY A RURAL-ROUTE CONTRACTOR UPON ORDERS FROM THE LOCAL POSTMASTER MAY NOT BE PAID FOR FROM PUBLIC FUNDS AS A POSTMASTER IS WITHOUT JURISDICTION TO ORDER ADDITIONAL SERVICE, AND SECTION 3960, REVISED STATUTES, PROHIBITS PAYMENT FOR ADDITIONAL SERVICE RENDERED IN ADVANCE OF ORDERS. SUBSEQUENT ORDERS ISSUED BY THE POSTMASTER GENERAL, WHO HAS AUTHORITY TO ORDER ADDITIONAL SERVICE, CAN NOT OPERATE RETROACTIVELY TO AUTHORIZE PAYMENT IN CONTRAVENTION OF SAID SECTION 3960, REVISED STATUTES.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JANUARY 13, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 8, 1925, REQUESTING REVIEW OF SETTLEMENT OF SEPTEMBER 26, 1925, DISALLOWING THE CLAIM OF PERRY E. KYSER, SUBCONTRACTOR ON ROUTE NO. 23118, LYNN HAVEN TO MILLVILLE JUNCTION (NO OFFICE), FOR $6.90 FOR ADDITIONAL SERVICE PERFORMED ON ORDERS OF THE POSTMASTER AT LYNN HAVEN.

THE CLAIMANT HELD A CONTRACT AS MAIL MESSENGER ON MESSENGER ROUTE NO. 223094 FROM LYNN HAVEN, FLA., TO THE STEAMBOAT LANDING. HE ALSO WAS THE SUBCONTRACTOR ON ROUTE NO. 23118, THE ORIGINAL CONTRACT WITH SHELVY A. RHODES HAVING BEEN SUBLET TO HIM APRIL 23, 1925, WITH THE CONSENT OF THE POSTMASTER GENERAL. IT APPEARS THAT A CHIEF CLERK IN THE RAILWAY MAIL SERVICE ISSUED AN ORDER FOR AN ADDITIONAL POUCH FOR LYNN HAVEN TO BE THROWN OFF AT THE MILLVILLE JUNCTION AND TO BE HANDLED BY THE MAIL MESSENGER WHO PERFORMS SERVICE AT LYNN HAVEN. THE MAIL-MESSENGER CONTRACT, HOWEVER, DID NOT COVER SERVICE TO THE MILLVILLE JUNCTION; ACCORDINGLY THE POSTMASTER AT LYNN HAVEN HAD KYSER IN HIS CAPACITY AS SUBCONTRACTOR ON THE ROUTE BETWEEN LYNN HAVEN AND MILLVILLE JUNCTION MAKE ADDITIONAL TRIPS TO CARRY THE ADDITIONAL POUCH AS REGULAR SERVICE. THIS WAS DISCONTINUED AS SOON AS THE FACTS WERE BROUGHT TO THE ATTENTION OF THE CHIEF CLERK, THE SUBCONTRACTOR IN THE MEANTIME HAVING MADE 10 ROUND TRIPS.

THE CONTRACT FOR TRANSPORTING MAIL ON ROUTE NO. 23118 PROVIDED THAT THE CONTRACTOR SHOULD:

* * * CARRY THE MAIL, UPON DEMAND, BY ANY CONVEYANCE WHICH SAID CONTRACTOR REGULARLY RUNS, OR IS CONCERNED IN RUNNING, ON THE ROUTE, BEYOND THE NUMBER OF TRIPS ABOVE SPECIFIED, IN THE SAME MANNER AND SUBJECT TO THE SAME REGULATIONS AS ARE HEREIN PROVIDED TOUCHING REGULAR TRIPS.

IT IS HEREBY STIPULATED AND AGREED BY THE SAID CONTRACTOR AND HIS SURETIES THAT THE POSTMASTER GENERAL MAY DISCONTINUE OR EXTEND THIS CONTRACT, CHANGE THE SCHEDULE AND TERMINI OF THE ROUTE, AND ALTER, INCREASE, DECREASE, OR EXTEND THE SERVICE, IN ACCORDANCE WITH LAW, HE ALLOWING NOT TO EXCEED A PRO RATA INCREASE OF COMPENSATION FOR ANY ADDITIONAL SERVICE THEREBY REQUIRED; * * *

WHILE THIS CONTRACT AUTHORIZED AN INCREASE IN THE SERVICE REQUIRED, SUCH INCREASE COULD ONLY HAVE BEEN LEGALLY ORDERED BY THE POSTMASTER GENERAL. THE LOCAL POSTMASTER WAS WITHOUT AUTHORITY TO ORDER THE ADDITIONAL SERVICE PERFORMED IN THIS CASE, AND AS THE SERVICE WAS PERFORMED IN ADVANCE OF THE POSTMASTER GENERAL'S ORDER OF SEPTEMBER 22, 1925, PAYMENT THEREFOR IS PROHIBITED BY SECTION 3960, REVISED STATUTES. SEE SECTION 1387, POSTAL LAWS AND REGULATIONS; SLAVEN V. UNITED STATES, 196 U.S. 229. THE FACT THAT THE ORDER OF SEPTEMBER 22, 1925, ATTEMPTED TO AUTHORIZE THE SERVICE ALREADY PERFORMED BETWEEN MAY 27 AND JUNE 5, 1925, DOES NOT ALTER THE FACT THAT THE SERVICE WAS ,RENDERED BEFORE THE ISSUING OF SUCH ORDER," WITHIN THE PURVIEW OF SAID SECTION 3960, REVISED STATUTES.

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