Readjustment of salaries of first three classes. to the Postmaster-General, in order that such postmaster may be assigned to his proper class, and his salary fixed as heretofore provided."] (2) "SEC. 83. (Rep.) [That the salaries of postmasters of the first, second, and third classes, except that of the postmaster at New York 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."] Assignment and (2) "SEC. 84. (Rep.) [That the Postmaster-General shall make all change of salaries, 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: 3857. how made, &c. R. S., § 3856. Distributing offices may be desigtional pay allowed nated and addi to postmasters. R. S., § 3859. bond of bidder, &c. 3947. 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 thouR. 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 (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 bond. oaths of the sureties therein, taken before an officer qualified to adminR. S., § 3947. Substitute, see ister oaths, that they are owners of real estate, worth, in the aggregate, 1876, Aug. 11, ch. 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."] (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, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or both." 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 Post- 1878, May 17, ch. master-General shall consider such bid too high, in which case he shall re-advertise such service. 107. Substitute, see 1876, Aug. 11, ch. 260. - or fails to per And if any bidder whose bid has been accepted, and who has entered into 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; and in case next lowest bidder is posals to be advertoo high, new pro 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-Gen- tised for. eral shall immediately advertise for proposals to perform the service on said route. 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 on said route according to his contract, or when a new route shall be 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 solv NOTE. (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 Temporary contracts may be made in certain cases. 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. Deposit to be forfeited on fail ure, or returned on performance of proposal. ent national bank, which check or draft shall not be less than five per 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, 3-96-3913. 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. 1875, March 3, ch. 128, § 5. Provided, That the postage on each copy of the daily Congressional Record mailed from the city of Washington as transient matter shall be one cent. [June 23, 1874.] (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. [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: R. S., § 1131. Gen., 638. Provided, That officers of the line detailed as acting inspectors-gen- Acting inspecteral shall have all the allowances of cavalry officers of their respective grades; ors-general to have allowance of cavalry officers. And no new appointment shall be made in the Inspector-General's Inspectors-genDepartment until the number of inspectors general is reduced to five. eral reduced five. to SEC. 2. That the Bureau of Military Justice shall hereafter consist Judge-Advocateof one Judge-Advocate-General, with the rank, pay, and emoluments General; rank, of a brigadier general; and the said Judge-Advocate-General shall pay, and duty of. R. S., §§ 1198, receive, revise, and have recorded the proceedings of all courts-martial, 1199. courts of inquiry, and military commissions, and shall perform such other duties as have been heretofore performed by the Judge-AdvocateGeneral of the Army. Judge-advocates In the corps of judge-advocates no appointment shall be made as vacancies occur until the number shall be reduced to four, which shall reduced to four. thereafter be the permanent number of the officers of that corps. R. S., §§ 12001203. SEC. 3. That hereafter there shall be three assistant commissaries- Three assistant general of subsistence, with the rank, pay, and emoluments of lieuten- commissaries-gonant-colonel, instead of the two now allowed by law of said grade in the eral. Subsistence Department; R. S., § 1140. Twelve commis That the number of commissaries of subsistence with the rank, pay, and emoluments of a captain of cavalry, is hereby reduced to twelve, saries. and no appointment to fill a vacancy in said grade shall be made until the number thereof shall be reduced to twelve, and the number thereafter shall remain fixed at twelve. Medical Depart SEC. 4. That the Medical Department of the Army shall hereafter consist of one Surgeon-General, with the rank, pay, and emoluments of ment; Surgeona brigadier-general; one assistant surgeon-general, and one chief medi- General and other officers, their rank cal purveyor, each with the rank, pay, and emoluments of a colonel; and pay. and two assistant medical purveyors, with the rank, pay, and emolu- R. S., 1168ments of lieutenant-colonels, who shall give the same bonds which are 1174. or may be required of assistant paymasters-general of like grade, and shall, when not acting as purveyors, be assignable to duty as surgeons by the President; fifty surgeons, with the rank, pay, and emoluments of majors; one hundred and fifty assistant surgeons, with the rauk, pay, and emoluments of lieutenants of cavalry for the first five years' service, and with the rank, pay, and emoluments of captains of cavalry after five years' service; and four medical store-keepers, with the same. compensation as is now provided by law; And all the original vacancies in the grade of assistant surgeon shall be filled by selection by competitive examination; And the Secretary of War is hereby authorized to appoint, from the enlisted men of the Army, or cause to be enlisted, as many hospitalstewards as the service may require, to be permanently attached to the Medical Department, under such regulations as the Secretary of War may prescribe. vacancies in office of assistant surgeon, how filled. hospital stew ards. R. S., § 1180, 1181. contract sur (Sup.) [And the number of contract-surgeons shall be limited to seventy-five on or before the first day of January in the year eighteen geons, number rehundred and seventy five; and thereafter no more than that number shall be employed.] duced. R. S., § 1168. Suspended by 1875, Jan. 1, ch. 12. &c. SEC. 5. That the Ordnance Department shall consist of one Chief of Ordnance DeOrdnance, with the rank, pay, and emoluments of a brigadier-general; partment; officers three colonels, four lieutenant-colonels, ten majors, twenty captains, of, their ránk, pay, sixteen first lieutenants; and all vacancies which may hereafter exist R. S., 66 1159in the grade of first lieutenant in said Department shall be filled by 1167. transfer from the line of the Army: Provided, That no appointment or promotion in said Department-examinations shall hereafter be made until the officer or person so appointed or pro- for appoinment or moted shall have passed a satisfactory examination before a board of promotion in. ordnance-officers senior to himself. Officers now in SEC. 6. That no officer now in service shall be reduced in rank or service not reduced mustered out by reason of any provision of law herein made reducing the number of officers in any department or corps of the staff. in rank, &c. Vacancies in SEC. 7. That as vacancies shall occur in any of the grades of the OrdOrdnance and nance and Medical Departments, no appointments shall be made to fill the Medical Departments not to be same until the numbers in such grade shall be reduced to the numbers filled until num- which are fixed for permanent appointments by the provisions of this act; bers reduced, &c. Repeal. 1168, 1194, 1208. And thereafter the number of permanent officers in said grades shall continue to conform to said reduced numbers, and all other grades in said Ordnance and Medical Departments than those authorized by the provisions of this act shall cease to exist as soon as the same shall become vacant by death, resignation or otherwise; And no appointment or promotion shall hereafter be made to fill any vacancy which may occur therein. SEC. 8. That so much of section six of an act entitled (1) "An act 1159, making appropriations for the support of the Army for the year ending June thirtieth, eighteen hundred and seventy, and for other purposes," approved March third, eighteen hundred and sixty-nine, as applies to the Ordnance, Subsistence and Medical Departments of the Army be, and the same is hereby repealed: Provided, That this section repealing said section shall not apply to any of the grades of the Medical or Ordnance Departments which are omitted or abolished by the provisions of this act. [June 23, 1874.] NOTE. (1) The provisions of the act of 1869, ch. 124, § 6 (15 Stat. L., 318), here referred to, are incorporated into the Revised Statutes in the sections noted in the margin. June 23, 1874. 18 Stat. L., 250. ished. 5267. CHAPTER 461. AN ACT TO PROTECT LINES OF TELEGRAPH CONSTRUCTED OR USED BY THE UNITED Wilful injury to works of United States telegraph lines, how punished. Wilful injury to Be it enacted, &c., That any person or persons who shall wilfully or works of United maliciously injure or destroy any of the works or property or material States telegraph of any telegraphic line constructed and owned, or in process of conlines, how pun- struction, by the United States, or that may be hereafter constructed R. S., § 223, and owned or occupied and controlled by the United States, or who shall wilfully or maliciously interfere in any way with the working or 1874, Feb. 4, ch. use of any such telegraphic line, or who shall wilfully or maliciously 174, June 3, ch. obstruct, hinder, or delay the transmission of any communication over any such telegraphic line, shall be deemed guilty of a misdemeanor, and, on conviction thereof in any district court of the United States having jurisdiction of the same, shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or with imprisonment for a term not exceeding three years, or with both, in the discretion of the court. [June 23, 1874.] 22. 205. June 23, 1874. 18 Stat. L., 250. CHAPTER 462. AN ACT TO provide FOR THE STAMPING OF UNSTAMPED INSTRUMENTS, DOCUMENTS Stamps may be affixed prior to January, 1876, to SECTION 1. Stamps may be affixed prior to January, 1876, Be it enacted, &c. SECTION Proceedings in such case. 2. Repeal. [SECTION 1], That all instruments, documents, and papers heretofore unstamped instru- made, signed or issued, and subject to a stamp duty or tax under any law heretofore existing and remaining unstamped, may be stamped by ments. |