by John Marshall Harlan

“ In pursuance of this contract, McDevitt entered upon and continued the performance of the service until October 1, 1878, at which date he sublet his contract to Monroe Salisbury, the defendant, who performed the service during the remainder of the said contract term, to wit, until June 30, 1882. On July 1, 1879, the subcontract was duly recognized by the postmaster general, and thenceforth such sums as were due and payable by virtue of the original contract, as afterwards amended and changed in the manner hereinafter set forth, were paid to said Salisbury. ”

“ Accordingly, by order of the postmaster general, the running time upon the route was reduced from 36 hours in summer and 59 in winter to 30 hours in summer and 45 hours in winter, in consideration of which an additional sum was allowed of $9,637.50 per annum, in supposed accordance with the provisions of section 3961 of the Revised Statutes of the United States. ”

“ By means of such fraudulent statements by McDevitt, and by meeans of fraudulent vouchers presented to the post-office department, Salisbury was paid by and received from the Unted States a larger sum of money than he was entitled to for the performance of such mail service under the amended contract. ”