CHAPTER 179. AN ACT MAKING APPROPRIATIONS FOR THE SERVICE OF THE POST-OFFICE DEPART- July 12, 1876. 19 Stat. L., 78. SECTION Advertisements to be 1. Par. 1. Advertisements of general mail-let- Par. 2. Compensation to railroads for carrying 4. Report of Sixth Auditor; what to show, &c.; 5. Postmasters to be divided into four classes, 6.appointment and removal and term of office. Duplicate returns of postmasters may be re- Box-rents; how estimated. 8. Salaries of postmasters of fourth class. Be it enacted, &c. [SECTION 1.] [Par. 1.] That the Postmaster General shall cause advertisements of of general mail-let- all general mail-lettings of each State and Territory to be conspicuously &c., and no others posted up in each post office in the State and Territory embraced in said advertisements for at least sixty days before the time of such general R. S., §§ 3826- letting; and no other advertisement of such lettings shall be required; 3828, 3941. but this provision shall not apply to any other than general mail-lettings.(1) required. 1875, March 3, ch. 128. 1878, May 17, ch. 107. 1879, March 3, ch. 180, § 1, par. 2. 1881, March 1, ch. 96, § 1, par. 1. [Par. 2.] That the Postmaster General be, and he is hereby, authorized and directed to readjust the compensation to be paid from and after the first day of July, eighteen hundred and seventy-six, for transportation of mails on railroad-routes by reducing the compensation to all railroad companies for the transportation of mails ten per centum per annum from the rates fixed and allowed by the first section of an act entitled "An act making appropriations for the service of the PostOffice Department for the fiscal year ending June thirtieth, eighteen hundred and seventy-four, and for other purposes," approved March third, eighteen hundred and seventy-three, for the transportation of mails on the basis of the average weight.(2) Report of Sixth SEC. 4. That the annual reports of the Auditor of the Treasury for the Auditor; what to Post-Office Department to the Postmaster General shall show the finanshow, and to be cial condition of the Post-Office Department at the close of each fiscal sent to Congress. R. S., §§ 196, 277, year, and be made a part of the Postmaster-General's annual report to Congress for that fiscal year. par. 7. Repeal of. That section eleven of the act approved June twenty-third, eighteen 1874, June 23, ch. hundred and seventy-four, be, and is hereby, repealed, and that the fol456, § 11. lowing be enacted in lieu thereof. SEC. 5. That the postmasters shall be divided into four classes, as fol Postmasters to be divided into lows: four classes. R. S., § 3852. The first class shall embrace all those whose annual salaries are three thousand dollars or more than three thousand dollars; The second class shall embrace all those whose annual salaries are less NOTES. (1) This provision is repeated in the act of 1877, ch. 110 (19 Stat. L., 383), and 1878, ch. 259 (20 (2) The provisions of the act of 1873, ch. 231, § 1 (17 Stat. L., 556), here referred to, are incorporated into Revised Statutes in § 4002. sation, exclusive of their commissions on the money-order business of their offices, amounts to less than one thousand dollars. SEC. 6. Postmasters of the first, second, and third classes shall be Postmasters; ap appointed and may be removed by the President by and with the advice pointment, re moval, and term of and consent of the Senate, and shall hold their offices for four years office of unless sooner removed or suspended according to law; and postmasters R. S., § 330. of the fourth class shall be appointed and may be removed by the Postmaster-General, by whom all appointments and removals shall be notified to the Auditor for the Post-Office Department. Salaries of postmasters of first three classes; how fixed and paid. R. S., § 3852 SEC. 7. That the respective compensations of postmasters of the first, second, and third classes shall be annual salaries, assigned in even hundreds of dollars, and payable in quarterly payments, to be ascertained and fixed by the Postmaster General from their respective quarterly returns to the Auditor for the Post-Office Department, or copies or dupli- 3860. cates thereof, for four quarters immediately preceding the adjustment or re-adjustment, by adding to an amount of the box-rents of the office received or estimated not exceeding thirteen hundred and fifty dollars when the boxes are supplied and owned by the postmaster, and two thirds of the box-rents, and not to exceed one thousand dollars when the boxes are not supplied and owned by the postmaster, commissions on all other postal revenues of the office to an amount not exceeding thirteen hundred and fifty dollars, at the following rates, namely: On the first one hundred dollars per quarter, sixty per centum; On all over one hundred dollars and not over three hundred dollars per quarter, fifty per centum; On all over three hundred dollars and not over seven hundred dollars per quarter, forty per centum; And thirty per centum on all revenues exceeding seven hundred dollars per quarter, But the aggregate of the said commissions not to exceed thirteen hundred and fifty dollars; And at all offices where the total revenues exceed, respectively, four thousand dollars per annum, there shall be added to the compensation herein before provided from box-rents and commissions a percentage of the gross revenues at the following rates, namely: One per centum on all sums over four thousand dollars and not exceeding ten thousand dollars; Nine-tenths of one per centum on all sums over ten thousand dollars and not exceeding twenty thousand dollars; Eight-tenths of one. per centum on all sums over twenty thousand dollars and not exceeding forty thousand dollars; Six-tenths of one per centum on all sums over forty thousand dollars and not exceeding eighty thousand dollars; Five-tenths of one per centum on all sums over eighty thousand dollars and not exceeding one hundred and sixty thousand dollars; Four-tenths of one per centum on all sums over one hundred and sixty thousand dollars and not exceeding three hundred and twenty thousand dollars; Three-tenths of one per centum on all sums over three hundred and twenty thousand dollars and not exceeding six hundred and forty thousand dollars; "Not" stricken Two-tenths of one per centum on all sums [not] over six hundred and forty thousand dollars and not exceeding one million two hundred and out by resolution of 1876, July 25, No. eighty thousand dollars; 18, p. 255. And one-tenth of one per centum on all sums exceeding one million two hundred and eighty thousand dollars; And in order to ascertain the amount of the postal receipts of each office, the Postmaster-General may require postmasters to furnish duplicates of their quarterly returns to the Auditor at such times and for such periods as he may deem necessary in each case: Duplicate returns of postmasters may be required. Box-rents; how Provided, That at offices where the letter-carrier system is now, or may hereafter be, established, the box-rents, in fixing the compensation estimated, Salaries of postmasters of fourth class. R. S., 38523860. 1878, June 17, ch. 259, § 1. of the respective postmasters at such offices, shall be estimated at not less than one thousand dollars per annum; But at all such offices where the compensation is now four thousand dollars, they shall be estimated at an amount which, with the commissions and percentages hereby allowed, will make the salaries of the postmasters thereat not less than three thousand dollars. SEC. 8. That the compensation of postmasters of the fourth class shall be the box-rents collected at their offices, and commissions on other postal revenues of their offices at the following rate, namely: On the first one hundred dollars or less per quarter, sixty per centum ; On all over one hundred dollars and not over three hundred dollars per quarter, fifty per centum; And all over three hundred dollars per quarter, forty per centum ; The same to be ascertained and allowed by the Auditor in the settlement of the quarterly accounts of such postmasters: Auditor to report Provided, That when the aggregate annual compensation, exclusive of when compensa- commissions on money-order business, of any postmaster of this class tion amounts to shall amount to one thousand dollars, the Auditor shall report such fact $1,000. to the Postmaster-General, in order that such postmaster may be assigned to his proper class, and his salary fixed as heretofore provided. SEC. 9. That the salaries of postmasters of the first, second, and third justment of sala- classes shall be re-adjusted by the Postmaster-General once in two years, ries of first three and in special cases, on the application of the postmaster, as much oftener R. S., § 3854- as the Postmaster-General may deem expedient. Biennial re-ad classes. 3857. Assignment of SEC. 10. That the Postmaster-General shall make all orders assigning salaries to be in or changing the salaries of postmasters in writing, and record them in writing; when to his journal, and notify the change to the Auditor; and any change made in such salaries shall not take effect until the first day of the quarter next following such order: R. S., § 3856. Provided, That in cases of not less than fifty per centum increase or decrease in the business of any post-office, the Postmaster-General may adjust the salary of the postmaster at such office to take effect from the first day of the quarter or period the returns for which form the basis of re-adjustment. Distributing and SEC. 11. That the Postmaster-General may designate offices at the inseparating offices; tersection of mail routes as distributing or separating offices; and where additional pay any such office is of the third or fourth class, he may make a reasonable allowed to post- allowance to the postmaster for the necessary cost of clerical services masters. arising from such duties, and the provisions of this act relating to and fixing the compensation or salaries of postmasters shall take effect on the first day of October next. No salary to ex- SEC. 12. No salary of any postmaster under this act shall exceed the ceed $4,000, except sum of four thousand dollars per annum, except in the city of New that at New York, which remains at York, which salary shall remain as now fixed by law; and no salary of any postmaster where the appointment is now presidential shall be reduced by the compensation herein established until the next re-adjustment below the sum of one thousand dollars per annum. $6,000. 1875, June 23, ch. 456, § 11, sub 81. Land-grant rail SEC. 13. That rail-road-companies whose railroad was constructed in roads to receive whole or in part by a land-grant made by Congress on the condition only 80 per cent, as that the mails should be transported over their road at such price as Congress should by law direct shall receive only eighty per centum of the compensation authorized by this act. much as other roads. R. S., § 4002. 1875, March 3, ch. 128. 14 Ct. CI, 125. 15 Ct. Cls., 232. 16 Opin. Att'y-Gen., 481. Stamped en- SEC. 14. No stamped envelopes or newspaper-wrappers shall be sold velopes and news- by the Post-Office Department at less (in addition to the legal postage) not to be sold for than the cost, including all salaries, clerk-hire, and other expenses conless than cost. nected therewith. R. S., §§ 3914-3917. Rates of postage SEC. 15. That transient newspapers and magazines, regular publicaon newspapers and tions designed primarily for advertising purposes, or for free circulation, or for circulation at nominal rates, and all printed matter of the third matter of third class, except unsealed circulars, shall be admitted to and be transmitted class. in the mails at the rate of one cent for every two ounces or fractional part thereof, and one cent for each two additional ounces or fractional part thereof; R. S., §§ 3872, 3877, 3878. 1879, March 3, ch. 180, §§ 17, 22. What may be on matter of third And the sender of any article of the third class of mail-matter may write his or her name or address therein, or on the outside thereof, with written or printed the word "from" above or preceding the same, or may write briefly or class, &c. print on any package the number and names of the articles enclosed. R. S., § 3886, Publishers of newspapers and periodicals may print on the wrappers 3887. of newspapers or magazines sent from the office of publication to regu lar subscribers the time to which subscription therefor has been paid. And addresses upon postal cards and unsealed circulars may be either written, printed, or affixed thereto, at the option of the sender. SEC. 16. That all acts or parts of acts in conflict with the provisions of this act are hereby repealed [July 12, 1876.] Addresses on postal cards and circulars. Repeal. CHAPTER 180. AN ACT FOR THE SUPPORT OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA FOR 18. Laws of Washington relating to water-taxes, 19. Law levying certain licenses, taxes, &c., re- Be it enacted, &c. (1) July 12, 1876. 19 Stat. L., 83. Laws of Wash water-taxes, &c., SEC. 18. That all laws and ordinances now in force in the city of Washington, relating to the payment and collection of water-taxes, ington relating to water-rents, and taxation for water-mains be, and they are hereby, extended over Disextended to and made operative over all parts of the District of Colum- trict. bia where water taken from the United States aqueduct is used, and said taxes and rents shall be payable and collectible therein in the same manner and at the same rate as in the city of Washington for the year beginning January first eighteen hundred and seventy-six, and for each subsequent year. Law levying cer SEC. 19. That the twenty-third section of the act of the legislative assembly of the District of Columbia, entitled "An act imposing a tain license-taxes, license on trades, business, and professions practiced or carried on in &c., repealed. the District of Columbia," approved August twenty third, eighteen huadred and seventy-one, clauses twenty, and thirty-five of the twenty first section of said act, and clause sixteen of said twenty-first section of said act as amended by the act amendatory thereof, approved June twenty, eighteen hundred and seventy-two, and all other laws and acts, or parts thereof, inconsistent herewith, be, and the same are hereby, repealed.(2) [July 12, 1876.] NOTES -(1) Of the omitted sections, those from 1 to 12 provide for taxes for one year. Sections 13 to 16 are identical with those of sections 13 to 16 of the act of 1875, ch. 162, printed herein at page 193. (2) The sections of the acts of the legislative assembly of the District of Columbia repealed by this act fixed the rate of taxation on personal property in the District at seventy cents on a hundred dollars, provided that the tax on bonds and other securities should not exceed five per cent. of the income thereof. They also levied a license-tax on dealers in merchandise of four dollars on each thousand dollars of capital invested; a license-tax of twenty dollars on photographers, and a license-tax of two and four dollars on certain carts, wagons, &c. Unused stamps Be it enacted, &c., That the fourteenth section of the act passed February eighth, eighteen hundred and seventy-five, entitled "An act to may be redeemed; R. S., § 3426. repealing 1875, amend existing customs and internal revenue laws, and for other purFeb. 8, ch. 36, § 14. poses," be, and the same is hereby, repealed; and all unused stamps 1879, March 1, shall be redeemed when properly presented, as was done prior to the passage of the aforesaid act: ch. 125, § 17. No allowance for Provided, That from and after the passage of this act no allowance documentary shall be made for documentary stamps, except those of the denomination stamps, except two-cent stamps, of two cents, which when presented to the Commissioner of Internal &c. Revenue are not found to be in the same condition as when issued by the Internal Revenue Department, or, if so required by the said Commissioner, when the person presenting the same can not satisfactorily trace the history thereof from their issue to their presentation as aforesaid. [July 12, 1876.] R. S., § 3426. 15 Opin. Att'yGen., 426. CHAPTER 183. July 12, 1876. 19 Stat. L., 88. AN ACT TO AMEND SECTION FIFTY-FIVE HUNDRED AND FORTY-SIX OF THE REVISED Designation of penitentiaries by Attorney-Gen- Convicts in District of Columbia. Convicts may be confined in jail when transporta tion would exceed cost of maintenance. Place of imprisonment may be changed. Designation of Be it enacted, &c., That section fifty-five hundred and forty-six of the penitentiaries by Revised Statutes of the United States be amended so as to read as folAttorney-General lows:(1) R. S., § 5546. for convicts in United States courts; "SEC. 5546. All persons who have been, or who may hereafter be, transportation of convicted of crime by any court of the United States whose punishment prisoners. is imprisonment in a District or Territory where, at the time of conviction, or at any time during the term of imprisonment, there may be no penitentiary or jail suitable for the confinement of convicts or available therefor, shall be confined during the term for which they have been or may be sentenced, or during the residue of said term, in some suitable jail or penitentiary in a convenient State or Territory, to be designated by the Attorney-General, and shall be transported and delivered to the warden or keeper of such jail or penitentiary by the marshal of the District or Territory where the conviction has occurred; Convicts in Dis And if the conviction be had in the District of Columbia, the transtrict of Columbia. portation and delivery shall be by the warden of the jail of that District; the reasonable actual expense of transportation, necessary subsistence, and hire and transportation of guards and the marshal, or the warden of the jail in the District of Columbia, only, to be paid by the AttorneyGeneral, out of the judiciary fund. Convicts may be when transporta But if, in the opinion of the Attorney-General, the expense of transconfined in jail portation from any State, Territory or the District of Columbia, in which tion would exceed there is no penitentiary, will exceed the cost of maintaining them in jail cost of mainte- in the State, Territory, or the District of Columbia during the period of their sentence, then it shall be lawful so to confine them therein for the period designated in their respective sentences. nance. Place of impris changed And the place of imprisonment may be changed in any case, when, in onment may be the opinion of the Attorney-General, it is necessary for the preservation of the health of the prisoner, or when, in his opinion, the place of confinement is not sufficient to secure the custody of the prisoner, or because of cruel or improper treatment: Provided, however, That no change shall be made in the case of any prisoner on the ground of the unhealthiness of the prisoner, or because of his treatment, after his conviction and during his term of imprisonment, unless such change shall be applied for by such prisoner, or some one in his behalf." [July 12, 1876.] NOTE. (1) This amendment is incorporated into § 5546 of the Revised Statutes, in the second edition. |