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CHAPTER 51.

THE POSTAL SERVICE.

Postage stamps for official use, 3000.
Transmission free:
Oñcial mail, 3001.

Report as to cost, 3002.

Registered official matter, 3003.
Mail of Soldiers' Home, 3004.
Soidiers letters, 3005.

During the World War, 3006.
Penalty envelopes :
Obtained from Post Office Department,

3007.
Procurement by each department, 3008.
Addressed for return, 3009.
Usd by all officers, 3010.
Unlawful use, 3011.

Nonmailable matter:

Treasonable matter, 3012.
Seditious matter, 3013.
Penalty for forwarding, 3014.
Mail addressed to suspected parties, 3015.
Printed matter in a foreign language,

3016,
Dangerous articles, 3017.
Censorship during the World War, 3018.
Opening letters, 3019.
Obstructing the mails, 3020.
Oath of persons in Postal Serpice, 3021.

3000. Postage stamps for official use. --That the Secreta ries, respectively, of the Departments of State, of the Treasury, War, Navy, and of the Interior, and the Attorney-General, are authorized to make requisitions upon the PostmasterGeneral for the necessary amount of official postage-stamps for the use of their departments, not exceeding the amount stated in the estimates submitted to Congress; and upon presentation of proper vouchers therefor at the Treasury, the amount thereof shall be credited to the appropriation for the service of the Post-Office Department for the same fiscal year.

Sec. 2, act of Har. 3, 1883 (22 Stat. 563).

For postage stamps for the department and its bureaus, as required under the Postal Union, to prepay post:ige on matters addressed to Postal Union countries, $500. Act of Mar. 3, 1921 (hi Stat. 1280), making appropriations for legislative, erecutire and judicial expenses: War Department, contingent expenses.

3001. Free transmission of official mail.—That it shall be lawful to transmit through the mail, free of postage, any letters, paekages, or other matters relat. ing exclusively to the business of the Government of the United States: Prorided, That every such letter or package 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.

Sec. 5, art of Mar. 3, 1877 (19 Stat. 335).

Stamps must be used for mail sent to foreign countries,

Notes of Decisions.

Construction of statute. Official mail coming from the Philippine Islands through the Postal Service of the United States should comply with the general laws of the United States regulating the mails under

the administration of the Postmaster General. (1902) 24 Op. Atty. Gen. 534.

Sec. 3010, post, so far as it relates to the indorsement to be placed on the penalty envelope, is a substitute for the corresponding provision in this section. Such envelope must be indorsed with a proper designation of the office from which the same is transmitted, and a statement of

the penalty provided by the fifth section of the latter act. (1884) 17 Op. Atty. Gen. 631,

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3002. Report as to cost of mail under frank.--Hereafter the Postmaster Gen. eral shall in his annual report submit a detailed statement of the cost to the postal establishment of the matter mailed under frank by each department and independent establishment of the Government and the revenue which would be derived therefrom if carried at the ordinary rates of postage. Act of June 5, 1920 (41 Stat. 1037).

3003. Free registration of official mail.—* Provided further, That any letter or packet to be registered by either of the Executive Departments, or Bureaus thereof, or by the 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 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 oflicers who receive a fixed allowance as compensation for their services, including expenses of postages. And section thirtynine 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. 29, act of March 3, 1879 (20 Stat. 362), as amended by dec. 3, act of July 5, 1884 (23 Stat. 158).

Notes of Decisions.

Freo registration of official mail. --The proviso authorizing registering without pay. ment of a registry fee of any official letter or packet, by cither of the “ executive departments, or bureaus thereof," embraces a department officer who, in the course of public business, is called temporarily to discharge his official duties at some place

away from the seat of Government; but such

words do not embrace examiners, special agents, inspectors, etc., of the va. rious departments who are located at points outside of Washington or are traveling throughout the country. (1900) 23 Op. Atty. Gen. 316.

3004. Mail matter of the Soldiers' Home.-That the provisions of the fifth and sixth sections of the Act entitled "An Act establishing post-routes, and for other purposes, approved March third, eighteen hundred and seventy-seven," for the transmission of official mail-matter, be, and they are hereby, extended and made applicable to all oflicial mail-matter of the National Home for Dis abled Volunteer Soldiers. Act of Aug. 18, 1894 (28 Stat. 412), making appropriations for sundry civil expenses.

I'or secs. 5, 6, mentioned above, see 3001, ante, and 3008, post.

3005. Soldiers' letters forwarded.-* The Postmaster General may, howpever, 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. Sec. 9, act of Mar. 3, 1879 (20 Stat. 858).

3006. Free transmission of soldiers' letters during the World War.-* That letters written and mailed by soldiers, sailors, and marines assigned to duty in a foreign country engaged in the present war may be mailed free of

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postage, subject to such rules and regulations as may be prescribed by the Postmaster General. Sec. 1100, act of Oct. 3, 1917 (40 Stat. 327). 3007. Penalty envelopes provided by the Post Office Department.-*

the Postmaster-General shall contract, for a period not exceeding four years, for all envelopes, stamped or otherwise, designed for sale to the public, or for use by the Post-Office Department, the postal service, and other Executive Departments, and all Government bureaus and establishments, and the branches of the service coming under their jurisdiction, and may contract for them to be plain or with such printed matter as may be prescribed by the Department making requisition therefor: Prorided, That no envelope shall be sold by the Government containing any lithographing or engraving, nor any printing nor advertisement, except a printed request to return the letter to the .writer. Act of June 26, 1906 (3.4 Stat. 476).

3008. Procurement of penalty envelopes by the departments.-That for the purpose of carrying this act into effect, it shall be the duty of each of the Executive Departments 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 are to be used, the penalty for the unlawful use of these envelopes shall be stated thereon. Sec. 6, act of 3lar. 3, 1877 (19 Stat, 336).

Notes of Decisions.

Construction of statute. This section does not extend to the Executive. In the absence of a special provision for stamps for his official mail matter, the appropriation for contingent expenses of the executive office is applicable, and to the extent that it is so applied authority exists for

the issue of stamps to him. This section and 3001, ante, do not forbid the use of stamps by the executive departments. The use of the official envelope is limited to the executive departments, ani the bureaus or offices therein, at the seat of Government. (1877) 15 Op. Atty. Gen. 262.

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3009. Return penalty envelopes.- * * Prorided, That any Department or cfficer 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:

Sec. 29, act of March 3, 1879 (20 Stat. 362), as amended by scc. 3, act of July 5, 188.4 (23 Stat. 158).

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Notes of Decisions.

Construction. Where a Member of Congress has addressed an inquiry about official business to a department or any bureau thereof, the reply may properly be addressed to the person concerned in a penalty envelope and sent unsealed to the Jember

(that he may take cognizance of its contents), to be by him forwarded to its destination. But in such case the use of the envelope must be strictly limited to the department or bureau and the applicant. (1880) 16 Op. Atty. Gen. 301.

3010. Use of penalty envelopes by all officers.--The provisions of the fifth and sixth sections of the act entitled An act establishing post-routes, and for other purposes” approved March thin, 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 oflice from which or officer from whom the same is transmitted, with a statement of the penalty for their misuse.

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Sec. 29, act of March 3, 1879 (20 Stat. 362), as amended by sec. 3, act of July 5, 1884 (23 Stat. 158).

See also ante, 3001, 3003.
Secs, 5 and 6 of the act of Mar. 3, 1887, are set forth in 3001 and 3008, ante.

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. (See pars. 834-839, Army Regulations, 1913, as to the use of penalty envelopes.)

Notes of Decisions.

Construction. Where the envelopes are but whose offices are not offices in those denot furnished by the departments, they partments, excepting, of course, cases where may be prepared for their own use by the that duty is required by other statutory proofficers contemplated in this section. The visions than those above mentioned. Id. statute does not require that the penalty, It, so far as it relates to the indorsement etc., on such envelopes should be printed to be placed on the penalty envelope, is a rather than written. (1880) 16 Op. Atty. substitute for the corresponding provision Gen. 455.

of section 3001, ante. Such envelope must This section does not impose on the ex- be indorsed with a proper designation of ecutive departments at Washington the duty the office from which the same is transmitof furnishing such envelopes to the various ted, and a statement of the penalty provided subordinate officers throughout the United by the fifth section of the latter act. (1884) States who are under their supervision, 17 Op. Atty. Gen. 631.

3011. Unlawľul use of penalty envelopes and franking privilege.-Whoever shall make use of any official envelope, label, or indorsement authorized by law, to avoid the payment of postage or registry fee on his private letter, packet, package, or other matter in the mail, shall be fined not more than three hundred dollars. Sec. 227, Criminal Code, act of Mar. 4, 1909 (35 Stat. 1134).

3012. Nonmailable matter.—Every letter, writing, circular, postal card, picture, print, engraving, photograph, newspaper, pamphlet, book, or other publication, watter, or thing, of any kind, in violation of any of the provisions of this Act is hereby declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any postoffice or by any letter carrier:

Sec. 1, title XII, act of June 15, 1917 (h0 Stat. 230).
The above is taken from the "espionage act" of June 15, 1917 (40 Stat. 217).
See notes to 2857, ante.

3013. Seditious matter, etc., nonmailable.-Every letter, writing, circular, postal card, picture, print, engraving, photograph, newspaper, pamphlet, book, or other publication, matter or thing, of any kind, containing any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States, is hereby declared to be nonmailable. Sec. 2, title XII, act of June 15, 1917 (ho Stat. 230). See notes to 2837, 3012, ante.

Notes of Decisions.

Writings held nonmailable. ---Jeffersonian Publishing Co. v. West (D. C. 1917), 245 Frd, 584; Masses Publishing Co. t. Patten (C. C. A. 1917), 246 Fed. 24, reversing (1917), 244 Fed, 535; s. c. (1917), 245 Fed. 102; U. S. ex rel. Jilwaukee, etc.,

Pub. Co. v. Burleson (D. C. App. 1919), 238 Fed. 282 (newspaper denied secondclass mailing privilege for violation of espionage act); affirmed (Sup. Ct. 1921), 65 L, Ed. 390 ; Shaffer 1. U. S. (C. C. A. 1919), 255 Fed. 886.

3014. Penalty for forwarding nonmailable matter.—Whoever shall use or attempt to use the mails or Postal Service of the United States for the transmission of any matter declared by this title to be non mailable, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Any

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