Assistant Postmaster General, under the heading "Division of Post Office
Service," for an "assistant superintendent $3,000 (formerly Superintendent
Division of City Delivery)
two assistant superintendents $2,000 each

(one formerly Assistant Superintendent Division of City Delivery * *),” and
in the office of the Fourth Assistant Postmaster General, under the heading
"Division of Rural Mails," for a superintendent, $3,000, assistant superintend-
ent, $2,000, and a chief clerk, $2,000.

A provision for a per diem allowance to assistant superintendents of free delivery, when traveling on business, was made by Act Feb. 24, 1899, c. 187, § 1, post, § 573.

§ 573. (Act Feb. 24, 1899, c. 187, § 1.) Assistant superintendents of free-delivery; per diem for traveling expenses.

The assistant superintendents of free-delivery shall hereafter be eling on business of the Department. (30 Stat. 884.) allowed a per diem of four dollars in lieu of all expenses when trav

This was a provision accompanying the appropriations for the Department, including "three assistant superintendents of free delivery," at $2,000 each, in the legislative, executive, and judicial appropriation act for the fiscal year 1900, cited above.

The only statutory authority for the appointment of assistant superintendents of free delivery was in the annual appropriation acts. The earliest provision, for two assistant superintendents, was by Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 573.

See notes under (R. S. § 394), just above.

See notes to § 568, ante.

§ 574. (R. S. § 4020, as amended, Act March 3, 1897, c. 385, § 1.) Agents to superintend Railway Mail Service; salary and expenses; salaries, etc., of certain officers, to be charged to appropriation for mail transportation and free delivery system. The Postmaster-General may appoint two agents to superintend the railway postal service, each of whom shall be paid out of the appropriation for the transportation of the mail a salary at the rate of two thousand five hundred dollars a year, with an allowance for traveling and incidental expenses, while actively employed in the service, of not more than five dollars a day; and the Auditor for the Post-Office Department shall charge to the appropriation for mail transportation the salary and per diem of the assistant superintendents of the postal-railway service, and to the appropriation for the free-delivery system the salary and per diem of the special agent detailed for that service.

Act June 8, 1872, c. 335, § 35, 17 Stat. 289. Act March 3, 1897, c. 385, § 1, 29 Stat. 648.

The latter portion of this section, as enacted in the Revised Statutes, was as follows:

"And the Sixth Auditor shall charge to the appropriation for mail transportation the salary and per diem of the assistant superintendents of the postal railway service; and to the appropriation for the free delivery system the salary and per diem of the special agent detailed for that service; and the special agents employed in the money-order service shall be paid out of the proceeds of that service."

The section was amended by changing said provisions to read as set forth here, by Act March 3, 1897, c. 385, § 1, last cited above.

The provision of this section for two agents was superseded, for a time at least, by the provision for one agent only to superintend the postal railway service, contained in Act June 17, 1878, c. 259, § 1, post, § 575, although it may be regarded as revived by re-enactment in the same language by said amendment of this section by Act March 3, 1897, c. 385, § 1, cited above.

The salary of nine assistant superintendents of railway mail service, who may be detailed to act as superintendents of division of railway mail service, was fixed by Act June 17, 1878, c. 259, § 1, post, § 7548.

The allowance to the superintendent of railway mail service of actual traveling expenses was authorized by Act March 1, 1881, c. 96, § 1, post, $ 576.

The appointment of an assistant general superintendent, Railway Mail Service, and a chief clerk of Railway Mail Service, to be employed in the Department, was authorized by Act April 16, 1890, c. 85, post, § 577.

Appropriations are also made in the recent legislative, executive, and judicial appropriation acts for other superintendents, assistant superintendents, and

other officers in the Department, in connection with the Railway Mail Service and other branches of the postal service.

The provisions authorizing the appointment of the officers mentioned directed that their salaries and expenses should be paid out of the appropriation for transportation of mail. Specific appropriations were made by the postal service appropriation act for the fiscal year 1901, Act June 2, 1900, c. 613, § 1, 31 Stat. 258, for the office of the Second Assistant Postmaster-General, under the heading "Railway Mail Service," for a General Superintendent, and Assistant General Superintendent, and also for division superintendents, assistant division superintendents, assistant superintendents, etc. And similar appropriations were continued in later postal service appropriation acts down to the fiscal year 1907, the later acts providing also for an assistant chief clerk, Office of General Superintendent. But for the fiscal year 1908, the appropriations for said General Superintendent and Assistant General-Superintendent, and chief clerk and assistant chief clerk, were made by the legislative, executive, and judicial appropriation act, Act Feb. 26, 1907, c. 1635, § 1, 34 Stat. 983, with the appropriations for the office of the Second Assistant Postmaster-General, under the heading "Division of Railway Mail Service," and such appropriations were continued in the subsequent similar acts. The appropriations for the fiscal year 1917 provided for a General Superintendent, $4,000, Assistant General Superintendent, $3,500, chief clerk, $2,000, and other clerks, by Act May 10, 1916, c. 117, § 1, 39 Stat.

Further provisions relating to allowances for traveling and other expenses of officers in the Railway Mail Service and other branches of the postal service are set forth or referred to post, under title XLVI, "The Postal Service," c. 12.

See notes to § 568, ante.

Notes of Decisions

"Special agents."-Where the duties of "special agents" employed by the Postmaster General, under R. S. § 4017, post, 7547, concern the railway postal service, such agents may, so far (and so far only) as regards the performance of those duties, be placed under the

supervision of one or both of the officers authorized to be appointed by the Postmaster General by section 4020 (this section) to superintend the railway postal service. (1876) 15 Op. Atty. Gen. 171.

§ 575. (Act June 17, 1878, c. 259, § 1.) Agent to superintend Railway Mail Service; salary and expenses.

Hereafter the Postmaster-General may appoint one agent only to superintend the postal railway service, who shall be paid, out of the appropriation for the transportation of the mail on railways, a salary at the rate of three thousand five hundred dollars a year, and no allowances for traveling or incidental expenses. (20 Stat. 142.)

This was a provision of the postal service appropriation act for the fiscal year 1879, cited above.

The previous provision of R. S. § 4020, for the appointment of two agents for the same purpose, was superseded by this provision for "one agent only." But said section 4020 was subsequently amended, and the original provision was retained in the section as amended, by Act March 3, 1897, c. 385, § 1, ante, § 574. See notes to said section.

The clause of this act forbidding allowances for traveling expenses was superseded by a provision for allowance of actual expenses of Act March 1, 1881, c. 96, § 1, post, § 576.

See notes to § 568, ante.

§ 576. (Act March 1, 1881, c. 96, § 1.) Superintendent of Railway Mail Service and chief of post-office inspectors; allowance for traveling expenses.

Hereafter the superintendent of railway mail service and the chief of post-office inspectors shall be paid their actual expenses while travelling on the business of the department. (21 Stat. 374.)

This was a provision following an appropriation for post-office inspectors in the postal service appropriation act for the fiscal year 1882, cited above. Similar provisions, without the word "hereafter," were made by postal service appropriation acts for the two preceding years, Act March 3, 1879, c. 180, § 1, 20 Stat. 356, and Act June 11, 1880, c. 206, § 1, 21 Stat. 177. See notes to § 568, ante.

§ 577. (Act April 16, 1890, c. 85.) Assistant general superintendent and chief clerk, Railway Mail Service.

The Postmaster-General may appoint, and assign to duty, one assistant general superintendent, Railway Mail Service, who shall be paid a salary of three thousand dollars per year; and one chief clerk of Railway Mail Service, to be employed in the Post-Office Department, who shall be paid two thousand dollars per year; said assistant general superintendent and chief clerk to be also paid their necessary and actual expenses while traveling on the business of the Department. The salaries and expenses of these officers shall be paid out of the appropriation for the transportation of mail on railways. (26 Stat. 56.)

This act was entitled "An Act providing for the appointment of an assistant general superintendent and a chief clerk, Railway Mail Service."

See notes to R. S. § 4020, ante, § 574.

See notes to § 568, ante.

§ 578. (Act March 4, 1913, c. 142, § 1.) Superintendent of Division of Finance, in office of Third Assistant Postmaster-General.

Office Third Assistant Postmaster General: * Division of finance-superintendent, who shall give bond in such amount as the Postmaster General may determine for the faithful discharge of his duties, $2,250. (37 Stat. 779.)

This was a provision of the appropriations for the office of the Third Assistant Postmaster General, in the legislative, executive, and judicial appropriation act for the fiscal year 1914, cited above. It was repeated in subsequent appropriation acts. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat.

§ 579. (Act April 28, 1904, c. 1759, § 3.) Purchasing agent for Department; appointment; salary; bond; duties; purchases of supplies.

There shall be appointed by the President, by and with the advice and consent of the Senate, a purchasing agent for the PostOffice Department, who shall hold office for four years unless sooner removed by the President, and who shall receive an annual salary of four thousand dollars, give bond to the United States in

such

sum as the Postmaster-General may determine, and report direct to the Postmaster-General; and who shall, under such regulations, not inconsistent with existing law, as the PostmasterGeneral shall prescribe, and subject to his direction and control, have supervision of the purchase of all supplies for the postal

service.

The purchasing agent, in making purchases for supplies necessary for the Post-Office Department, shall advertise, as now provided by law, and award contracts for such supplies to the lowest responsible bidder in pursuance of existing law. The purchasing agent shall have recorded in a book to be kept for that purpose a true and faithful abstract of all bids made for furnishing supplies to the Post-Office Department, giving the name of the party bidding, the terms of the offer, the sum to be paid, and he shall keep on file and preserve all such bids until the end of the contract term to which they relate. Each bidder shall have the right to be present, either in person or by attorney, when the bids are opened, and shall have the right to examine and inspect all bids. All purchases, advertisements, and contracts for supplies for the PostOffice Department shall be made by the purchasing agent in the name of the Postmaster-General subject to his approval, and in Purchasing such supplies preference shall be given to articles of domestic production and manufacture, conditions of price and quality being equal. There shall be separate proposals and separate

contracts for each class of material furnished. These records shall be open at all times for the inspection of Congress, and for the inspection of those who may be interested in such contracts made, or to be made, to furnish supplies to the Post-Office Department. (33 Stat. 440.)

This section was part of the postal appropriation act for the fiscal year 1905, cited above.

Appropriations are made by the annual legislative, executive, and judicial appropriation acts, in the office of the Postmaster-General, under the heading "Division of the Purchasing Agent," for his salary, clerks, etc., and his expenses while traveling on business of the Department. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat. See notes to § 568, ante.

Notes of Decisions

Effect of subsequent provisions regulating procurement of supplies for executive departments.-This act was amended and modified by the repealing clause, section 5, of Act June 17, 1910,

section 4 of which, post, § 6653, related to procuring certain supplies for the executive departments, etc., only in so far as said act is inconsistent therewith. (1911) 28 Op. Atty. Gen. 573.

§ 580. (Act March 15, 1898, c. 68, § 9.) Detail of clerks from Postal Service to Post-Office Department forbidden.

Hereafter it shall not be lawful to detail clerks or other employés, paid from general appropriations for the postal service, from any branch of said postal service, whether located at the seat of Government or elsewhere, to any of the offices or bureaus of the Post-Office Department at Washington. (30 Stat. 317.)

This section was part of the legislative, executive, and judicial appropriation act for the fiscal year 1899, cited above.

Notes of

Appointment by postmaster of clerk in his office for service in department at Washington.-A postmaster who, by direction of the Post Office Department, appointed a clerk in his office and mailed the checks for her salary to her in Washington, taking credit therefor in his accounts, which he certified under oath were just and true as he verily believed, though such clerk rendered no services in his office, is liable on his bond for the salary so allowed and paid, notwithstanding he acted in good faith and in the supposition that the clerk was employed in the department in connection with the establishment of a free delivery at his office. U. S. v. Moore (1909) 168 Fed. 36, 93 C. C. A. 458, 24 L. R. A. (N. S.) 309.

A postmaster who, under instructions from the assistant postmaster general given him under statutory authority, ap§ 581. (R. S. § 395.) Seal.

Decisions

pointed a clerk and paid his salary from month to month from government money in his hands, receiving proper vouchers therefor, is not liable to the United States for the amounts so paid, though the clerk was not employed in his office; the postmaster acting in good faith without any knowledge of the place or nature of the clerk's employment. U. S. v. Warfield (1909) 170 Fed. 43, 95 C. C. A. 317, 24 L. R. A. (N. S.) 312, 17 Ann. Cas. 1186.

Detail from post office for service at office of President.-Before the provision of Act Feb. 3, 1905, § 1, ante, § 229, for detailing employés of the executive departments to the office of the President, the Postmaster General had no authority to detail a registry clerk from the Washington post office on detached service at the White House. (1904) 25 Op. Atty. Gen. 302.

The Postmaster-General shall keep the seal heretofore adopted for his Department, which shall be affixed to all commissions of postmasters and others, and used to authenticate all transcripts and copies which may be required from his Department.

Act June 8, 1872, c. 335, § 5, 17 Stat. 285.

The commissions of all officers under the direction and control of the Postmaster-General are to be made out and recorded in the Post-Office Department, and the department seal affixed thereto, by Act March 3, 1905, c. 1422, post, § 3253.

§ 582. (R. S. § 396.) Duties of Postmaster-General. It shall be the duty of the Postmaster-General: First. To establish and discontinue post-offices.

Second. To instruct all persons in the postal service with reference to their duties.

Third. To decide on the forms of all official papers.

Fourth. To prescribe the manner of keeping and stating accounts. Fifth. To enforce the prompt rendition of returns relative to ac

Sixth. To control, according to law, and subject to the settlement of the Sixth Auditor, all expenses incident to the service of the Department.

Seventh. To superintend the disposal of the moneys of the Department.

Eighth. To direct the manner in which balances shall be paid issue warrants to cover money into the Treasury; and to out the same.

inth. To superintend generally the business of the department, and execute all laws relative to the postal service.

Act June 8, 1872, c. 335, § 6, 17 Stat. 285. Act March 3, 1877, c. 103, § 2, 19 Stat. 335.

Provisions relating to the duties of the Postmaster-General in regard to post-offices and postmasters, the carriage and delivery of the mail, and the various branches of the postal service, are contained in Title XLVI, "The Postal Service."

The performance by the Assistant Postmasters-General of certain acts in the name of the Postmaster-General was provided for by Act March 3, 1877, c. 103, §§ 2, 3, and Act Dec. 21, 1893, c. 6, post, §§ 583-585.

Notes of Decisions