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CHAPTER VI.

Par

THE POST-OFFICE DEPARTMENT.

Par.

313. Establishment of the Post-Office De- 322, 323. Senators, members, etc., may

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30. Letters on official business may be 328. Postmaster-General to contract for

sent free. Penalty for using offi

cial envelopes to avoid payment of postage.

3. Official envelopes to be provided.

How franked.

all envelopes for Executive Departments.

329-331. Post-offices at military camps.

Establishment

of the Post Office

Department,

May 8, 1794, C.

June 8, 1872, c.

p. 283.

335, s. 1. 2, v. 17, Sec. 358, R. S.

313. There shall be at the seat of Government an Executive Department to be known as the Post-Office Department, and a Postmaster-General, who shall be the head 3. s. 3. v. 1. p. 357; thereof, and who shall be appointed by the President, by and with the advice and consent of the Senate, and who may be removed in the same manner; and the term of the Postmaster-General shall be for and during the term of the President by whom he is appointed, and for one month thereafter, unless sooner removed.

Oath of office.

June 8, 1872, c,

Mar. 5, 1874, s.

15, v. 18, p. 19.
Sec. 391, R. S.

314. Before entering upon the duties of his office and before he shall receive any salary the Postmaster-General 335, s. 15, v. 17, p. and each of the persons employed in the postal service shall, respectively take and subscribe before some magistrate or other competent officer the following oath: "I, A. B., do solemnly swear (or affirm) that I will faithfully perform all the duties required of me, and abstain from everything forbidden by the laws in relation to the establishment of post-offices and post-roads within the United States; and that I will honestly and truly account for and pay over any money belonging to the said United States which may come into my possession or control; and I also further swear that

Oath, before

whom taken.

I will support the Constitution of the United States; so help me God." Sec. 15, act of March 5, 1874 (18 Stat. L., 19).

315. This oath or affirmation may be taken before any June 8, 1872, c. officer, civil or military, holding a commission under the United States, and such officer is hereby authorized to administer and certify such oath or affirmation. Ibid.

335, s. 15, v. 17, p.

287.

Mar. 5, 1874, s. 15, v. 18, p. 19.

Sec. 392, R. S.

Classes of mail

matter.

Mar. 3, 1879, s. 7, v. 20, p. 358.

First class.

Rates of postage. vol. 23, p. 386.

CLASSIFICATION OF MAIL MATTER.

316. Mailable matter shall be divided into four classes: First, written matter;

Second, periodical publications;

Third, miscellaneous printed matter;

Fourth, merchandise.

Mailable matter of the first class shall embrace letters, postal cards, and all matters wholly or partly in writing, except as hereinafter provided.'

RATES OF LETTER POSTAGE.

317. On mailable matter of the first class, except postal Mar. 3, 1885, cards and drop letters, postage shall be prepaid at the rate of two cents for each ounce or fraction thereof; postal cards shall be transmitted through the mails at a postage charge of one cent each, including the cost of manufacture; and drop letters shall be mailed at the rate of two cents per ounce or fraction thereof, including delivery at letter-carrier offices, and one cent for each ounce or fraction thereof where free delivery by carrier is not establet-lished. The Postmaster-General may, however, provide by regulation, for transmitting unpaid and duly certified letters of soldiers, sailors, and marines in the service of the United States to their destination, to be paid on delivery. Act of March 3, 1885 (23 Stat. L., 386).

Soldiers'

ters.

Special-deli v

ery stamps.

Sec. 3, Mar. 3, 1885, vol. 23, p. 386.

SPECIAL DELIVERY.

318. A special stamp of the face valuation of ten cents be provided and issued, whenever deemed advisable may or expedient, in such form and bearing such device as may meet the approval of the Postmaster-General, which, when attached to a letter, in addition to the lawful postage

1For description of matter embraced in the second, third, and fourth classes see the act of March 3, 1879 (20 Stat. L., 358).

"This statute replaces the corresponding provision of the act of March 3, 1879, (20 Stat. L., 358.)

thereon, the delivery of which is to be at a free-delivery office, or at any city, town, or village containing a population of four thousand or over, according to the Federal census, shall be regarded as entitling such letter to immediate delivery within the carrier limit of any freedelivery office which may be designated by the PostmasterGeneral as a special-delivery office, or within one mile of the post-office at any other office coming within the provisions of this section which may in like manner be designated as a special-delivery office. Sec. 3, act of March 3, 1885 (23 Stat. L., 386).

stamped letters

Sec. 4, ibid.

319. Such specially stamped letters shall be delivered Specially from seven o'clock ante meridian up to twelve o'clock mid- to be delivered. night at offices designated by the Postmaster-General under section three of this act. Sec. 4, ibid.

OFFICIAL LETTERS.

Letters, etc., on may be sent free.

official business

1877, v. 19, p. 335.

320. It shall be lawful to transmit through the mail, free of postage, any letters, packages, or other matters relating exclusively to the business of the Government of the United States: Provided, That every such letter or pack- Sec. 5, Mar. 3, age to entitle it to pass free shall bear over the words Official business" an endorsement showing also the name of the department, and, if from a bureau or office, the names of the department and bureau or office, as the case may be, whence transmitted. And if any person Penalty for usshall make use of any such official envelope to avoid the opes to avoid payment of postage on his private letter, package, or other age" matter in the mail, the person so offending shall be deemed guilty of a misdemeanor, and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction.' Sec. 5, act of March 3, 1877 (19 Stat. L., 335).

ing official envelpayment of post

opes to be pro

Sec. 6, ibid.

321. For the purpose of carrying this act into effect, it oficial envel shall be the duty of each of the Executive Departments vided. of the United States to provide for itself and its subordinate offices the necessary envelopes; and in addition to the indorsement designating the department in which they, Indorsement are to be used, the penalty for the unlawful use of these envelopes shall be stated thereon. Sec. 6, ibid.

thereon.

For regulations respecting the use of penalty envelopes in the transmission of official correspondence, see paragraphs 813-817 Army Regulations of 1895, Circular 12, A. G. O., 1895; Circulars of June 29, 1895; July 13, 1895, and G. O. 8, A. G. O., 1897. These envelopes are for use in domestic correspondence only, and will not cover the transportation of letters to foreign countries, upon which postage stamps must be used.

Senators, mem

bers, etc., may send documents free

Sec. 7, ibid.

322. Senators, Representatives, and Delegates in Congress, the Secretary of the Senate, and Clerk of the House of Representatives may send and receive through the mail all public documents printed by order of Congress;1 How franked, and the name of each Senator, Representative, Delegate, Secretary of the Senate, and Clerk of the House shall be written thereon, with the proper designation of the office he holds; and the provisions of this section shall apply to each of the persons named therein until the first day of December following the expiration of their respective terms of office. Sec. 7, ibid.

ence with offcials, etc.

June 3, 183, v. 30, p. 443.

Extension of franking privilege.

Sec. 3, July 5,

Correspond- 323. Hereafter the Vice-President, Members and Members-elect of and Delegates and Delegates-elect to Congress shall have the privilege of sending free through the mails, and under their frank, any mail matter to any Government official or to any person, correspondence not exceeding two ounces in weight, upon official or departmental business. Act of June 3, 1898 (30 Stat. L., 443). 324, 325. The provisions of the fifth and sixth sections of the act entitled "An act establishing post routes, and 1884, v. 23, p. 158. for other purposes" approved March third, eighteen hundred and seventy-seven, for the transmission of official mail matter, be, and they are hereby, extended to all officers of the United States Government, not including members of Congress, the envelopes of such matter in all cases to bear appropriate indorsements containing the proper designation of the office from which or officer from whom the same is transmitted, with a statement of the penalty for their misuse. And the provisions of said fifth and sixth sections are hereby likewise extended and made Official mail applicable to all official mail matter of the Smithsonian sonian Institu- Institution. Sec. 3, act of July 5, 1884 (23 Stat. L., 158). 326. Any Department or officer authorized to use the penalty envelopes may inclose them with return address to any person or persons from or through whom official information is desired, the same to be used only to cover such official information, and indorsements relating thereto. Ibid.

matter of Smith

tion.

Return penalty envelopes.

Executive De

may be regis

Mail matter of 327. Any letter or packet to be registered by either of partments, etc.. the Executive Departments, or bureaus thereof, or by the tered free. Agricultural Department, or by the Public Printer, may be registered without the payment of any registry fee; and any part paid letter or packet addressed to either of

'Extended to letters addressed officially to any officer of the Government by section 3, act of March 3, 1891 (26 Stat. L., 1081).

said departments or bureaus may be delivered free; but where there is good reason to believe the omission to prepay the full postage thereon was intentional, such letter or packet shall be returned to the sender: Provided further, That this act shall not extend or apply to pension agents or other officers who receive a fixed allowance as compensation for their services, including expenses of postages. And section thirty-nine hundred and fifteen of the Revised Statutes of the United States, so far as the same relates to stamps and stamped envelopes for official purposes, is hereby repealed. Sec. 3, act of July 5, 1884 (23 Stat. L.. 158).

PURCHASE OF ENVELOPES FOR USE OF THE EXECUTIVE DEPARTMENTS.

General to con

velopes for Ex

ments.
Sec. 96, Jan. 12,
1895, v. 28, p. 624.

328. The Postmaster-General shall contract for all envel-Postmaster opes, stamped or otherwise, designed for sa.e to the pub- tract for all enlice, or for use by his own or other Departments, and may ecutive Departcontract for them to be plain or with such printed matter as may be prescribed by the Department making requisition therefor: Provided, That no envelope furnished by the Government shall contain any business address or advertisement. Sec. 96, act of January 12, 1895 (28 Stat. L.,624).

ESTABLISHMENT OF POST-OFFICES AT MILITARY CAMPS.

of post offices. June 6, 1898, v. 30, p. 432.

329. During the continuance of the existing war the Establishment Postmaster-General may, in his discretion, establish temporary post-office at any military post or camp for the purpose of supplying the officers and troops there encamped with mails, the location of which post-office may at any time be changed to any other post or camp. the establishment of such post-office he shall cooperate with the Secretary of War or officer commanding such post or camp for the purpose of securing the detail of an officer of the Regular or Volunteer Army of suitable rank to act as postmaster, who shall, when the exigency will permit, execute a bond to the United States as such, and of a sufficient number of noncommissioned officers and privates to act as clerks in said post-office, who shall serve as such without additional salary, pay, or compensation other than that attaching to their rank and position in the Army. Each of said persons shall, before entering upon the discharge of his duties, take the oath prescribed for

In the event of an exigency requiring the immediate delivery of envelopes, the head of the Department in which the exigency exists may make the purchase required by the exigency. XXI Opin. Att. Gen., 181.

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