Rates of postage in other cases not changed. R. S., § 3872. 1879, March 3, ch. 180, § 11. cases. Provided That nothing in this act shall be held to change or amend section ninety nine (1) of the act entitled "An Act to revise consolidate and amend the statutes relating to the Post-Office Department,” approved June eight, eighteen hundred and seventy-two: SEC. 6. That on and after the first day of January, eighteen hundred method of pay- and seventy five, upon the receipt of such newspapers and periodical ing postage in such publications at the office of mailing, they shall be weighed in bulk, and postage paid thereon by a special adhesive stamp, to be devised and furnished by the Postmaster-General, which shall be affixed to such matter, or to the sack containing the same, or upon a memorandum of such mailing, or otherwise, as the Postmaster-General may, from time to time, provide by regulation. Newspapers may be sent free to subscribers in county where printed. Rate of postage on matter of third R. S., §§ 3878, class. 3879. SEC. 7. That newspapers, one copy to each actual subscriber residing within the county where the same are printed, in whole or in part, and published, shall go free through the mails; but the same shall not be delivered at letter-carrier offices or distributed by carriers unless postage is paid thereon as by law provided. SEC. 8. That all mailable matter of the third class, referred to in section one hundred and thirty-three (1) of the act entitled "An act to revise, consolidate, and amend the statutes relating to the Post Office Department," approved June eighth, eighteen hundred and seventy-two, 1875, March 3, may weigh not exceeding four pounds for each package thereof, and postage shall be charged thereon at the rate of one cent for each two ounces or fraction thereof; but nothing herein contained shall be held to change or amend section one hundred and thirty-four of said act. ch. 130. 13 Blatch., 207. Publishers, agents, &c., to SEC. 9. That the Postmaster-General, when in his judgment it shall be necessary, may prescribe, by regulation, an affidavit in form, to be taken by each publisher of any newspaper or periodical publication sent through the mails under the provisions of this act, or news agent who distributes any of such newspapers or periodical publications under the provisions of this act, or employee of such publisher or news agent, stating that he will not send, or knowingly permit to be sent, through the mails any copy or copies of such newspaper or periodical publications except to regular subscribers thereto, or news agents, without prepayment of the postage thereon at the rate of one cent for each two ounces or fractional part thereof; Penalty for de- And if such publisher or news agent, or emyloyee of such publisher positing matter in or news agent, when required by the Postmaster-General or any special office without agent of the Post-Office Department to make such affidavit, shall refuse making affidavit. so to do, and shall thereafter, without having made such affidavit deposit any newspapers in the mail for transmission, he shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not exceeding one thousand dollars for each refusal; for mailing such matter. And if any such person shall knowingly and willfully mail any such matter without the payment of postage as provided by this act, or procure the same to be done with the intent to avoid the prepayment of postage due thereon; for postinasters Or if any postmaster or post-office official shall knowingly permit any permitting same to such matter to be mailed without the prepayment of postage as provided be mailed. in this act, and in violation of the provisions of the same, he or they shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than one thousand dollars, or imprisoned not exceeding one year, one or both, in the discretion of the court. Changes here SEC. 10. That so much of this act as changes the rate of postage on made to take effect newspapers and periodical publications shall not take effect until the first day of January next. Jan. 1, 1875. Salaries of post masters. SEC. 11. (2) (Rep.) [That the sixty-third, eightieth, eighty-first, eighty-second, eighty-third, eighty-fourth, and eighty-sixth sections of R. S., § 3852- the said "Act to revise, consolidate, and amend the statutes relating to 3860. 1876, July 12, ch. 179, §§ 5-12. NOTES.-(1) The several provisions of the act of 1872, ch. 335 (17 Stat. L.,283), referred to in this act, are incorporated into the Revised Statutes in the sections noted in the margin. (2) Section 11 of this act is repealed by act of 1876, July 12 ch. 179. the Post Office Department," approved June eighth, eighteen hundred and seventy-two,(1) be amended to read as follows:] (2) Postmasters' sal (2) "SEC. 63. (Rep.) [That the postmasters, except the postmaster at New York City, whose annual salary is hereby fixed at six thousand aries; at New York. dollars, shall be divided into four classes, as follows: - - of class one. - of class two. - of class three. The first class shall embrace all those whose annual salaries are not more than four thousand dollars nor less than three thousand dollars; The second class shall embrace all those whose annual salaries are less than three thousand dollars but not less than two thousand dollars; The third class shall embrace all those whose annual salaries are less than two thousand dollars but not less than one thousand dollars; The fourth class shall embrace all postmasters whose annual com- - of class four. pensation, exclusive of their commissions on the money-order business of their offices, amounts to less than one thousand dollars."] R. S., § 3830. (2) "SEC. 80. (Rep.) [That the postmaster at New York City and post- Appointments masters of the first, second, and third classes shall be appointed and and removals of may be removed by the President, by and with the advice and consent postmasters. of the Senate, and shall hold their offices for four years unless sooner removed or suspended according to law; and postmasters 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."] "SEC. 81. (Rep.) [That the compensation of the postmaster at New Salary of postYork City shall be six thousand dollars per annum, and the respective master at New York, and compencompensations of postmasters of the first, second, and third classes shall sation of postmasbe annual salaries, assigned in even hundreds of dollars, and payable ters of first, secin quarterly payments, to be ascertained and fixed, by the Postmaster- ond, and third General, from their respective quarterly returns to the Auditor for the classes. R. S., § 3852, Post-Office Department, or copies or duplicates thereof, for four quarters 360. immediately preceding the adjustment or re-adjustment, by adding to the whole amount of box rents, not exceeding two thousand dollars per annum, commissions also not to exceed two thousand dollars per annum on the other postal revenues of the office, at the following rates, namely: On the first one hundred dollars per quarter, fifty per centum; On all over one hundred dollars and not over four hundred dollars per quarter, forty per centum; On all over four hundred dollars and not over two thousand four hundred dollars per quarter, thirty per centum; And on all over two thousand four hundred dollars per quarter, ten per centum. Postal receipts, And in order to ascertain the amount of the postal receipts of each office, the Postmaster-General may require postmasters to furnish du- how ascertained. plicates of their quarterly returns to the Auditor at such times and for such periods as he may deem necessary in each case: cases. Provided, That whenever, by reason of the extension of free delivery, Additional alof letters, the box-rents of any post office are decreased, the Postmaster- lowance in certain General may allow, out of the receipts of such office, a sum sufficient to maintain the salary thereof at the amount at which it had been fixed before the decrease in box rents."] fourth class. R. S., §§ 3852 (2) "SEC. 82. (Rep.) [That the compensation of postmasters of the Compensation of fourth class shall be the box-rents collected at their offices and commis- Postmasters of sions on other postal revenues of their offices at the rate of sixty per centum on the first one hundred dollars or less per quarter; fifty per 3860. centum on the next three hundred dollars or less per quarter; forty per centum on the excess above four hundred dollars per quarter; the same to be ascertained and allowed by the Auditor in the settlement of the quarterly accounts of such postmasters: Provided, That when the aggregate annual compensation, exclusive of commissions on money-order business, of any postinaster of this class shall amount to one thousand dollars, the Auditor shall report such fact NOTE.-(2) Section 11 of this act, amending §§ 63, 80, 81, 82, 83, 84, 86 of the act of 1872, ch. 335 (17 Stat. L., 283), which were incorporated into the Revised Statutes noted in the margin, is repealed by act of 1876, July 12, ch. 179. to the Postmaster-General, in order that such postmaster may be assigned to his proper class, and his salary fixed as heretofore provided."] Readjustment of (2) "SEC. 83. (Rep.) [That the salaries of postmasters of the first, salaries of first second, and third classes, except that of the postmaster at New York three classes. R. S., $$ 3854- City, shall be re-adjusted by the Postmaster-General once in two years, and in special cases as much oftener as he may deem expedient."] 3857. Assignment and change of salaries, how made, &c. R. S., § 3856. Distributing offices may be desig nated and addi- 3947. (2) "SEC. 84. (Rep.) [That the Postmaster-General shall make all orders assigning or changing the salaries of postmasters in writing, and record them in his journal, and notify the change to the Auditor; and any change made in such salaries shall not take effect until the first day of the quarter next following such order: Provided, That in cases of not less than fifty per centum increase or decrease in the business of any post office, the Postmaster-General may adjust the salary of the postmaster at such office, to take effect from the first day of the quarter or period the returns for which form the basis of re-adjustment."] (2) "SEC. 86. (Rep.) [That the Postmaster-General may designate offices at the intersection of mail-routes as distributing or separating offices; and where any such office is of the third or fourth class he may make a reasonable allowance to the postmaster for the necessary cost of clerical services arising from such duties."] SEC. 12. That section two hundred and forty-five, section two hundred and forty-six section two hundred and forty-seven, section two hundred and fifty-one, and section two hundred and fifty-three of the act entitled(1) "An act to revise, consolidate and amend the statutes relating to the Post Office Department, approved June eighth, eighteen hundred and seventy-two, be amended to read as follows: Proposals for (1) "SEC. 245. That every proposal for carrying the mail shall be accarrying mail to be companied by the bond of the bidder, with sureties approved by a postaccompanied by master, and in cases where the amount of the bond exceeds five thoubond of bidder, &c. R. S., $$ 3945- sand dollars, by a postmaster of the first, second, or third class, in a sum to be designated by the Postmaster-General in the advertisement of each route; to which bond a condition shall be annexed, that if the said bidder shall, within such time after his bid is accepted as the Postmaster-General shall prescribe, enter into a contract with the United States of America, with good and sufficient sureties, to be approved by the Postmaster-General, to perform the service proposed in his said bid, and, further, that he shall perform the said service according to his contract, then the said obligation to be void, otherwise to be in full force and obligation in law; and in case of failure of any bidder to enter into such contract to perform the service, or, having executed a contract, in case of failure to perform the service, according to his contract, he and his sureties shall be liable for the amount of said bond as liquidated damages, to be recovered in an action of debt on the said bond. -not to be con bond and oath. No proposal shall be considered unless it shall be accompanied by sidered unless ac- such bond, and there shall have been affixed to said proposal the oath companied by of the bidder, taken before an officer qualified to administer oaths, that he has the ability, pecuniarily, to fulfill his obligations, and that the bid is made in good faith, and with the intention to enter into contract and perform the service in case his bid is accepted." Oath of sureties bond. R. S., § 3947. Substitute, see 1876, Aug. 11, ch. (1) "SEC. 246. (Sup.) [That before the bond of a bidder provided for to be indorsed on in the aforesaid section is approved, there shall be indorsed thereon the oaths of the sureties therein, taken before an officer qualified to administer oaths, that they are owners of real estate, worth, in the aggregate, a sum double the amount of the said bond, over and above all debts due and owing by them, and all judgments, mortgages, and executions against them, after allowing all exemptions of every character whatever."] Penalty for post(1) "SEC. 247. That any postmaster who shall affix his signature to the master illegally approval of any bond of a bidder, or to the certificate of sufficiency of approving bond, 260. 1878, May 17, ch. 107. &c. NOTES. (1) The several provisions of the act of 1872, ch. 335 (17 Stat. L., 283), referred to in this act, are incorporated into the Revised Statutes in the sections noted in the margin. (2) Section 11 of this act amending these sections of the act of 1872, ch. 335, is repealed by act of 1876, July 12, ch. 179. sureties in any contract before the said bond or contract is signed by the bidder or contractor and his sureties, or shall knowingly, or without the exercise of due diligence, approve any bond of a bidder with insufficient sureties, or shall knowingly make any false or fraudulent certificate, shall be forthwith dismissed from office, and be thereafter disqualified from holding the office of postmaster, and shall also be deemed guilty of a misdemeanor, and, ou conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or both." 6. est bidder to be (1) SEC. 251. (Sup.) [That after any regular bidder whose bid has When bidder been accepted shall fail to enter into contract for the transportation of fails to enter into the mails according to his proposal, or having entered into contract, shall contract next lowfail to commence the performance of the service stipulated in his or contracted with. their contract, as therein provided, the Postmaster-General shall pro- R. S., § 3951ceed to contract with the next lowest bidder for the same service, who 3954. will enter into a contract for the performance thereof, unless the Postmaster-General shall consider such bid too high, in which case he shall re-advertise such service. 1878, May 17, ch. 107. Substitute, see 1876, Aug. 11, ch. 260. And if any bidder whose bid has been accepted, and who has entered -or fails to perinto a contract to perform the service according to his proposal, and in form contract pursuance of his contract has entered upon the performance of the when entered into. service, to the satisfaction of the Postmaster-General, shall subsequently fail or refuse to perform the service according to his contract, the Postmaster-General shall proceed to contract with the next lowest bidder for such service, under the advertisement thereof, (unless the PostmasterGeneral shall consider such bid too high,) who will enter into contract and give bond, with sureties, to be approved by the Postmaster-General, for the faithful performance thereof, in the same penalty and with the same terms and conditions thereto annexed as were stated and contained in the bond which accompanied his bid; But in case each and every of the next lowest bidders for such service whose respective bids are not considered too high by the PostmasterGeneral shall refuse to enter into contract and give bond as herein required for the faithful performance of his contract, the Postmaster-General shall immediately advertise for proposals to perform the service on said route. and in case next lowest bidder is posals to be advertoo high, new_protised for. Temporary con Whenever an accepted bidder shall fail to enter into contract, or a contractor on any mail-route shall fail or refuse to perform the service tracts may be made on said route according to his contract, or when a new route shall be in certain cases. established, or new service required, or when from any other cause there shall not be a contractor legally bound or required to perform such service, the Postmaster-General may make a temporary contract for carrying the mail on such route, without advertisement, for such period as may be necessary, not in any case exceeding six months, until the service shall have commenced under a contract made according to law: Provided, however, That the Postmaster-General shall not employ temporary service on any route at a higher price than that paid to the contractor who shall have performed the service during the last preceding regular contract term. And in all cases of regular contracts hereafter made, the contract may, in the discretion of the Postmaster-General, be continued in force beyond its express terms for a period not exceeding six months, until a new contract with the same, or other contractors, shall be made by the Postmaster-General."] (1) "SEC. 253. That hereafter all bidders upon every mail-route for the transportation of the mails upon the same, where the annual compensation for the service on such route at the time exceeds the sum of five thousand dollars, shall accompany their bids with a certified check or draft, payable to the order of the Postmaster-General, upon some solvNOTE.-(1) The several provisions of the act of 1872, ch. 255 (17 Stat. L., 283), amended by this act, are incorporated in the Revised Statutes in the sctions noted in the margin. Contracts, when may be continued beyond express terms. Bids to be accompanied by certified check, &c., when annual compensation exceeds $5,000. R. S., § 3953. ure, or returned on ent national bank, which check or draft shall not be less than five per centum on the amount of the annual pay on said route at the time such bid is made, and, in case of new or modified service, not less than five per centum of the amount of the bond of the bidder required to accompany his bid, if the amount of the said bond exceeds five thousand dollars. Deposit to be In case any bidder, on being awarded any such contract, shall fail forfeited on fail- to execute the same, with good and sufficient sureties, according to the performance of terms on which such bid was made and accepted, and enter upon the proposal. performance of the service to the satisfaction of the Postmaster-General, such bidder shall, in addition to his liability on his bond accompanying his bid, forfeit the amount so deposited to the United States, and the same shall forthwith be paid into the Treasury for the use of the PostOffice Department; but if such contract shall be duly executed and the service entered upon as aforesaid, such draft or check so deposited, and the checks or drafts deposited by all other bidders, on the same route, shall be returned to the respective bidders making such deposits. Proposals ex- No proposals for the transportation of the mails where the amount of ceeding $5,000 not the bond required to accompany the same shall exceed five thousand to be considered un; dollars shall be considered, unless accompanied with the check or less accompanied by check and bond. draft herein required, together with the bond required by a preceding R. S., § 3953. section: Penalties in Provided, That nothing in this act shall be construed or intended to curred not affected. affect any penalties or forfeitures which have heretofore accrued under the provisions of the sections hereby amended." Postage on pub- SEC. 13. That hereafter the postage (3) on public documents mailed lic documents by any member of Congress, the President, or head of any Executive mailed by mem- Department shall be ten cents for each bound volume, and on unbound bers of Congress and heads of de- documents the same rate as that on newspapers mailed from a known partments, &c. office of publication to regular subscribers; and the words "Public R. S., 3875- Document" written or printed thereon, or on the wrapper thereof, and 3879, 396-3913. certified by the signature of any member of Congress, or by that of the President, or head of any Executive Department shall be deemed a sufficient certificate that the same is a public document; and the term "public document" is hereby defined to be all publications printed by order of Congress, or either House thereof: 1875, March 3, ch. 128, § 3. 1877, March 3, ch. 103, §§ 5, 7. 1879, March 3, ch. 180, ỷ 1, par. 4. -on the Congressional Record. Provided, That the postage on each copy of the daily Congressional Record mailed from the city of Washington as transient matter shall be 1875, March 3, one cent. [June 23, 1874.] ch. 128, § 5. (3) By acts of 1877, March 3, ch. 103, §§ 5. 7, and 1879, March 3, ch. 180, § 1, par. 4, all public documents may be sent and received through the mails by Senators, Representatives, Delegates, Secretary of the Senate, Clerk of the House, and heads of departments without payment of postage. June 23, 1874. 18 Stat. L., 244. Inspector-Gener officers of. R. S., § 1131. [SECTION 1], That the Inspector General's Department shall consist al's Department; of one colonel, two lieutenant-colonels, and two majors, with the rank, pay, and emoluments of officers of said grades; and the Secretary of 1878, Dec. 12, ch. War may, in addition, detail officers of the line, not to exceed four, to 2. 16 Opin. Att'y act as assistant inspector-general: Gen., 638. |