moneys at the several land-offices, all postmasters, and all public officers of whatsoever character, are required to keep safely, without loaning, using, depositing in banks, or exchanging for other funds than as specially allowed by law, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper Department or officer of the Government, to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the Government which may be imposed by any law, or by any regulation of the Treasury Department made in conformity to law. The President is authorized, if in his opinion the interest of the United States requires the same, to regulate and increase the sums for which bonds are, or may be, required by law, of all district attorneys, collectors of customs, naval officers, and surveyors of customs, navy agents, receivers and registers of public lands, paymasters in the Army, commissary-general, and by all other officers employed in the disbursement of the public moneys, under the direction of the War or Navy Departments. (See secs. 5189–5497, R. S.) TRANSFERS OF FUNDS BY THE SECRETARY OF THE TREASURY. Transfers of moneys from de to positaries 90, s. 10, v. 9, p 61. Sec. 3640, R. S. in Treasury and 250. The Secretary of the Treasury may, except as provided in the next section, transfer the moneys in the hands of any depositary of public moneys to the Treasury of the United States to the credit of the Treasurer; and he may transfer moneys in the hands of one depositary to any other depositary, as the safety of the public moneys and the convenience of the public service shall seem to him to require. 251. All moneys paid into the Treasury of the United Public moneys States shall be subject to the draft of the Treasurer. And depositories subfor the purpose of payments on the public account the jet to draft of Treasurer is authorized to draw upon any of the deposi- 90, s. 10, v. 9, p. 61. taries, as he may think most conducive to the public interest and to the convenience of the public creditors. Each depositary so drawn upon shall make returns to the Treasury and Post-Office Departments of all moneys received and paid by him, at such times and in such forms as shall be directed by the Secretary of the Treasury or the Postmaster-General. PRESENTATION OF DRAFTS. Treasurer. Sec. 3644, B. S. for presentation of drafts. Ibid., s. 31. p. 65. Sec. 3645, R.S. 252. It shall be the duty of the Secretary of the Treasury Regulations to issue and publish regulations to enforce the speedy presentation of all Government drafts, for payment, at the place where payable, and to prescribe the time, according to the different distances of the depositaries from the seat Sec. 3653, R. S. of Government, within which all drafts upon them, respectively, shall be presented for payment; and, in default of such presentation, to direct any other mode and place of payment which he may deem proper; but, in all these regulations and directions, it shall be his duty to guard, as far as may be, against those drafts being used or thrown into circulation as a paper currency or a medium of exchange. (See secs. 5495, 5496, R. S.) Par. DISBURSING AGENTS. 253. Expenses of fiscal agents. Par. 255. Special disbursing agents. 256. Compensation of certain disbursing agents. Expenses of 253. The officers, respectively, whose duty it is made by fiscal agents. Aug. 6, 1846, c. this Title to receive, keep, or disburse the public moneys, 90, s. 13, v. 9, p. 62. as the fiscal agents of the Government, may be allowed any necessary additional expenses for clerks, fire-proof chests or vaults, or other necessary expenses of safe-keeping, transferring, or disbursing the moneys; but all such expenses of every character shall be first expressly authorized by the Secretary of the Treasury, whose directions upon all the above subjects, by way of regulation and otherwise, so far as authorized by law, shall be strictly followed by all the officers.' Collectors to act as disbursing agents. June 12, 1858, c. 327. 254. The collectors of customs in the several collection districts are required to act as disbursing agents for the 154, s. 17, v. 11, p. payment of all moneys that are or may hereafter be appropriated for the construction of custom-houses, court-houses, Sec. 3657, R. S. post-offices, and marine hospitals; with such compensation, not exceeding one-quarter of one per centum, as the Secretary of the Treasury may deem equitable and just. (See sec. 255.) Special dis bursing agents. 302, v. 14, p. 341. 255. Where there is no collector at the place of location July 28, 1866, c. of any public work specified in the preceding section, the Secretary of the Treasury may appoint a disbursing agent for the payment of all moneys appropriated for the construction of any such public work, with such compensation as he may deem equitable and just. Sec. 3658, R. S. Compensation of certain dis 09 Aug. 7, 1882, v. 22, p. 306. 256. Any disbursing agent who has been or may be bursing agents appointed to disburse any appropriation for any United States court-house and post-office, or other building or grounds, not located within the city of Washington, shall be entitled to the compensation allowed by law to collectors of customs for such amounts as have been or may be dis bursed. Act of August 7, 1882 (22 Stat. L., 306). 1 An officer charged with the duty of safely keeping and paying over public money is not relieved from liability although it is destroyed by fire while in his possession and without negligence on his part. (1 Compt. Dec., 191.) CHAPTER VI. Par. THE POST-OFFICE DEPARTMENT. i Par. 257. Establishment of the Post- 265. Official envelopes to be pro Office Department. 258. Oath of office. 259. Oath, before whom taken. vided. How franked. 266. Senators, members, etc., may send documents free. 260. Classes of mail matter. First 267. Extension of franking privi 264. Letters on official business 268. Postmaster-General to con may be sent free. Penalty to avoid payment of post- 268a. tract for all envelopes for Executive Departments. Establishment of postoffices at military camps. Establishment of the Post-Office June 8, 1872, c. 257. There shall be at the seat of Government an Executive Department to be known as the Post-Office Depart- Department. May 8, 1794, c. ment, and a Postmaster-General, who shall be the head 23, s. 3, v. 1, p. 357; thereof, and who shall be appointed by the President, by 335, ss. 1, 2, v. 17, and with the advice and consent of the Senate, and who P. 283. 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. Sec. 358, R. S. Oath of office. June 8, 1872, c. 287. Sec. 391, R. S. 258. 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 postoffices 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." Act of March 5, 1874 (18 Stat. L., 19). 259. Any officer, civil or military, holding a commission June 8, 1872, e under the United States is authorized to administer and certify the oath prescribed by the preceding section. 335, s. 15, v. 17, p. 287. First class. Rates of postage. vol. 23, p. 386. 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. 261. That on mailable matter of the first class, except Mar. 3, 1885, postal 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 established. The Postmaster Genera! 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' let. ters. Special deliv ery stamps. 1885, vol. 23, p. 386. SPECIAL DELIVERY. 262. That a special stamp of the face valuation of ten Sec. 3. Mar. 3, cents may be provided and issued, whenever deemed advisable 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 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 free For description of matter embraced in the second, third, and fourth classes see the act of March 3, 1879 (20 Stat. L., 358). 2 Amended as noted by the act of March 3, 1885 (23 Stat. L., 386). delivery 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. 263. That such specially stamped letters shall be deliv- Specially ered from seven o'clock ante meridian up to twelve o'clock to be delivered. midnight at offices designated by the Postmaster-General under section three of this act. Sec. 4, ibid. OFFICIAL LETTERS. official business Sec. 5 Mar 3, 1879 v 19 p 355. 264. That it shall be lawful to transmit through the mail, Letters etc. on free of postage, any letters, packages, or other matters re. may be sent free. lating exclusively to the business of the Government of the United States: Provided, 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. And if any person shall make Penalty for us use of any such official envelope to avoid the payment of opes to avoid postage on his private letter, package, or other matter in age. the mail, the person so offending shall be deemed guilty of a misdemeanor, and subject to a fine of three hundred dol lars, to be prosecuted in any court of competent jurisdiction. Sec. 5, act of March 5, 1879 (19 Stat. L., 355). ing official envel payment of post Official envel opes to be pro Sec. 6, ibid. 265. That for the purpose of carrying this act into effect, it shall be the duty of each of the Executive Departments vided of the United States to provide for itself and its subordi nate offices the necessary envelopes; and in addition to the endorsement designating the Department in which they are to be used the penalty for the unlawful use of these envel opes shall be stated thereon. Sec. 6, ibid. Indorsement thereon. Senators, members ete. may free 266 That Senators, Representatives, and Delegates in Congress, the Secretary of the Senate, and Clerk of the send documents House of Representatives, may send and receive through See 7 bid the mail, all public documents printed by order of Con gress; and the name of each Senator, Representative, How franked. Delegate, Secretary of the Senate, and Clerk of the House shall be written thereon, with the proper de ignation of the office he holds; and the provisions of this section shall apply to each of the persons named therem until the first For regulations respecting the use of penalty envelopes in the transmission of official correspondence, see paragraphs 813-817 Army Regulations of 1895 These envelopes are for use in domestic correspondance only, and will not cover the trans portation of letters to foreign countries upon which postage stamps must be used Extended to letters addressed, otherally, to any officer of the Government by section 3, act of March 3, 1891 (26 Stat. L. 1081) |