80TH CONGRESS SENATE { REPORT No. 1481 HARDY H. BRYANT JUNE 4 (legislative day, JUNE 1), 1948.-Ordered to be printed Mr. WILEY, from the Committee on the Judiciary, submitted the following REPORT To accompany H. R. 2479) The Committee on the Judiciary, to whom was referred the bill (H. R. 2479) for the relief of Hardy H. Bryant, having considered same, do now report the bill favorably to the Senate, without amendment, and recommend that the bill do pass. STATEMENT The facts in this case are fully set forth in the House report of the Seventy-ninth Congress, first session, which is quoted below: It appears that the Post Office Department advertised for bids to carry the mail on route 450002, Beaumont, Tex., for the period July 1, 1942, to June 30, 1946. Mr. Hardy J. Bryant submitted his bid of $2,924 per annum, which was accepted by the Post Office Department. However, in Mr. Hardy's statement, he states that the miles and trips which were to be made were increased afterward. The miles he was to make were 74.4 per week, and he was required to make 124.3 per week. He was to make 42 trips daily except Sunday and 30 on Sunday. Instead, he was required to make 54 trips daily except Sunday and 50 trips on Sunday. He was to use two 1-ton trucks of 200 cubic feet capacity. Instead, he was required to use two 2-ton trucks with 546 cubic feet capacity. Over a period of 1 year he should only make 3,764.8 miles, when in fact he was required to make 6,463.6 miles per year. Mr. Bryant could not operate on the basis of the contract so he served notice on the Department of his intention to terminate the contract, alleging hardship due to war conditions. The Department ordered an investigation with the view of relieving the contractor, and with the view of reletting the contract to running to the end of the original contract period. In response to the advertisement Mr. Bryant submitted a proposal of $5,748 per annum. The bid was deemed excessive and not accepted. He was offered the contract in the amount of $4,800 per annum, but he would not accept it unless the Department would pay him retroactively, which it would not do. A new contract was given a Mrs. Sadie Green Griffin at $4,800 per annum. In view of the fact that Mr. Bryant was required to render additional service than called for under his contract, he feels that he should be paid the additional sum of $2,032.34 for the period he served under the contract. Your committee concurs in that opinion, and recommends favorable consideration to the bill. Appended hereto is report of the Post Office Department, together with other pertinent evidence. POST OFFICE DEPARTMENT, Washington, D. C., April 8, 1944 Hon. DAN R. McGEHEE, Chairman, Committee on Claims, House of Representatives. MY DEAR MR. MCGEHEE: The receipt is acknowledged of your letter of January 27 requesting a report on H. R. 3975, for the relief of Hardy H. Bryant, former contractor on route 450002 at Beaumont, Tex. Mr. Bryant submitted a proposal for carrying the mails on the above route under a general advertisement issued November 26, 1941, for a 4-year period beginning July 1, 1942, and ending June 30, 1946. This advertisement specifically instructed all proponents to familiarize themselves concerning the character and extent of the service that would be required and stated that claims for additional pay due to a misapprehension with regard to the amount of service required could not be considered. Mr. Bryant's bid at the rate of $2,924 per annum was the lowest bid received and, it being in proper form, was accepted by the Department. On November 23, 1942, Contractor Bryant served notice of his intention to terminate the contract, alleging hardship due to war conditions. In pursuance of the authority contained in the act of May 31, 1940 (sec. 1807% of the Postal Laws and Regulations), the Department ordered an investigation with a view of relieving the contractor. In pursuance of the procedure outlined in that act a bulletin advertisement was issued on March 29, 1943, with a view of reletting the contract for a period beginning May 1, 1943, and running to the end of the original contract term. In response to that advertisement Mr. Bryant submitted a proposal at $5,748 per annum. This bid was deemed excessive and, in view of the contractor's apparent willingness to continue service, he was afforded an opportunity to reduce the amount of his bid to $4,800 per annum-which was considered to be a proper allowance in view of the changed conditions. Mr. Bryant failed to accept this offer or, in fact, any revised offer until May 14, 1943, some 2 weeks after service was scheduled to begin under the advertisement, and in this new offer he proposed to continue service on the route at the $4,800 rate, provided the Department would make that rate retroactive to July 1, 1942, the beginning of the original contract period. This offer was rejected and the route was again readvertised for a term beginning August 1, 1943. and continuing to the end of the original contract term. In response to the new advertisement Mr. Bryant resubmitted his proposal at $5,748 per annum whereas a proposal was received from Mrs. Sadie Green Griffin at the rate of $4,800 per annum. Mrs. Griffin's proposal was in proper form and it was accepted by the Department. Inasmuch as rather unusual efforts were expended to afford former Contractor Bryant a full opportunity to obtain financial relief by contracting for service on this route at a fair contract rate, and since he failed to take advantage of the opportunity, it is believed that he is not entitled to the relief sought, and it is accordingly recommended that the pending bill be not favorably considered. It has been ascertained from the Bureau of the Budget that this report is in accord with the program of the President. Very truly yours, K. P. ALDRICH, Acting Postmaster General, BEAUMONT, TEX., September 4, 1943. DEAR SIRS: I wish to hand you my claim for $2,032.34, which I wish you would please examine and have same allowed at your earliest convenience. The Post Office Department obtained a contract from me through misrepresenting the amount of miles and amount of work to be done in hauling the United States mail on route 450,002, Beaumont, Tex. Their advertising for proposal to carry mail on the above route was in error. It called for 42 trips daily except Sunday and 30 on Sunday. To use two 1-ton trucks of 200 cubic feet capacity. Instead I was compelled to make 54 trips daily except on Sunday and 50 trips on Sunday, using two 2-ton trucks with 546 cubic feet capacity. The above making 72.4 miles per week. I made 124.3 miles per week. Same making 3,764.8 miles per year and I made 6,463.6 miles per year. At the same price as advertised and what the Post Office Department with those miles paid me the additional mileage above what was advertised would amount to $5,311.98 per year that I would be entitled to receive. Since the new contract has been let at $4,800 per year, I will ask that amount instead, for which I would be entitled to an additional $2,032.34 for my 13 months' service. The advertising was printed on as of November 26, 1941. And in error of four trains entering Kansas City Southern depot calling for two trips. Whereas, there is six different trains and each has a different time to arrive, thereby causing an additional four round trips per day. And since the printed date the Southern Pacific Railroad Co. has added one regular mail train, and lots of days they ran an extra mail train, thereby causing me to meet and have mail for five additional trains over and above what the Department obtained my bid and my contract on. I believe that if you will examine your inspector's (Mr. Steel) report, you will find that his report is about as I have stated and that he said I was or would say that I was being underpaid for my service. I do not believe our good Government wants to work or obtain good services from anyone too cheap under misrepresenting the amount of miles, trips, and size of equipment to be used. I will thank you to give my claim a fair and impartial consideration. Hoping to receive a check for $2,032.34 for my extra service over and above your advertisement. Yours truly, HARDY HENRY BRYANT. Route No. 450002 TEX. REGULATION PANEL OR SCREEN-BODY MOTOR VEHICLE SERVICE AT BEAUMONT, Statement of service as performed for the week ended June 7, 1941 It is believed that the contractor will require to begin service on the first day of the contract term (July 1, 1942) not less than two 1-ton panel- or screen-body motor vehicles. However, if the Department shall determine at the beginning of the contract term that the service can be properly performed with a less number of vehicles than that stated, the contractor will be required to furnish and retain in the service only such number of vehicles as will be required for a prompt and efficient service; but the Department reserves the right to require the contractor to furnish at the beginning of or at any time during the contract term the full number of vehicles stated and such additional vehicles as may be necessary for a prompt and efficient service. Bond required with bid, $6,000. Present annual pay for service under existing contract, route No. 450002, $2,924. (See par. 5, Instructions to Bidders.) Use proposal Form A in submitting bids for service on this route. (Handwritten in ink:) This is the copy that the post office advertised that I placed my bid on. BEAUMONT, TEX., September 4, 1943. The CLAIMS COMMITTEE, Washington, D. C. DEAR SIR: Our Mr. H. H. Bryant asked me for a statement in regard to advertisement asking for proposal and bids on hauling the mail in screen or panel body trucks on route No. 450002, Beaumont, Tex., from July 1, 1942, to June 30, 1946. I beg to say that my wife was hauling the mail on the above numbered route, as of November 1941, when the proposal was printed, the same being in error. There being six mail trains arriving at the Kansas City, Southern depot, and advertisement calls for only two trips to the afore-named depot. Then the mail could not be hauled in the 1-ton trucks with the number of trips stated in the advertisement. I will say that the advertisement is incorrect and misleading. Yours truly. E. L. GRIFFIN. The STATE OF TEXAS, County of Jefferson: To the Honorable Claims Committee, Washington, D. C.: Before me, a notary public in and for said county and State, on this day personally came and appeared Ellis Burnett, known to me to be a creditable person, and who being first duly sworn on his oath says: That he is the agent for Kansas City Southern Railway and Missouri Pacific Lines at Beaumont, Tex., and that it is his duty to know the number of mail trains leaving in and out of the railway station daily, at Beaumont, Tex.; that there are six mail trains arriving and departing at different hours from said railway station, and that there has been no change in the number of mail trains departing and arriving at said station since the 26th day of November 1941 to the present time. ELLIS BURNETT, Agent. Sworn to and subscribed to before me on this the 6th day of October 1943. My commission expires June 1, 1945. Hon. MARTIN DIES, Washington, D. C. SECURITY STATE BANK & TRUST CO., DEAR MARTIN: The bearer of this letter, Mr. H. H. Bryant, took a contract to haul United States mail here over 1 year ago and, of course, as you know, work has increased about 50 percent. Mr. Bryant has been a satisfactory customer of this bank for many years and we have found him honest and trustworthy in all his dealings. We are glad to make this statement in connection with his application to the Government for increased compensation for this mail haul, which we would thank you to give favorable consideration. Yours very truly, OTIS E. FULLEN, Executive Vice President. THE FIRST STATE BANK, The CLAIMS COMMITTEE, Washington, D. C. GENTLEMEN: This is to certify that I have known Mr. H. H. Bryant for about 35 years, he having been raised in this community. He is a man of excellent character, a hard and willing worker and well thought of by all who know him. He comes from one of central Texas' best families, who have at all times been loyal citizens to the United States Government. It gives me pleasure to recommend this type man to anyone concerned. Yours truly, R. B. MCELROY, President. CAMERON, TEX., August 5, 1943. The CLAIMS COMMITTEE, Washington, D. C. GENTLEMEN: I am writing you in behalf of Mr. Hardy H. Bryant, of Beaumont, Tex. Mr. Bryant was born and reared in Milam County, Tex., and I have known him since he was a boy. He is a man of splendid character and he bears an excellent reputation among those who know him. He is a native-born loyal American citizen. Any statements made by him can be relied upon. I am glad to commend him to the favorable consideration of anyone to whom this letter may be presented. Respectfully. |