CHAPTER 180. AN ACT MAKING APPROPRIATIONS FOR THE SERVICE OF THE POST OFFICE DEPART- SECTION 1. Par. 1. Superintendent of Railway Mail Serv. Par. 2. Members of Congress, &c., may send Par. 5. Estimates for railway mail service. Par. 6. Certain postal employés required to wear no uniform except a badge. Par. 7. Postal cards, at two cents each, for foreign postal service. 3. On what trains, &c., mails shall be carried. 4. How postal cars shall be constructed. 5. Deductions of pay when railways fail to deliver mail on time. Repealed. 6. Postmaster-General may require certain data of railways. -to report to Congress. 7. Classes of mailable matter. -in foreign mails free of duty, except, &c. circular defined. 19. Printed matter defined. Be it enacted, &c. [SECTION 1.] * Proceedings in case of non-mailable matter obscene books not to be delivered. 22. What may be written on second, third, and 23. When other writing thereon or inclosed, let- 25. Publications free to subscribers in county of when deposited in letter-carrier offices for Commissions to postmasters on special stamps Regulations may be made for free-delivery 27. Penalty for failing to account for postage, or 28. -for washing, selling, using, &c., canceled 29. Letters, &c., on official business may be sent 30. 31. -except pension agents and some other offi cers. New sureties for mail contracts may be re- Acting postmasters during vacancy of office 32. Letter-sheet envelopes. Double postal cards and double-letter envel- --but no royalty for patent thereon to be paid. March 3, 1879. 20 Stat. L., 355. [Par. 1.] The Superintendent of Railway Mail Service and the Chief of Railway Mail of Special Agents shall be paid their actual expenses while travelling on the business of the department. Superintendent Service and Chief of Special Agents to be allowed traveling expenses. Advertisements [Par. 2.] (1) That the Postmaster-General shall cause advertisements of all general mail-lettings of each State and Territory to be conspicuously of general mail-letposted up in each post-office in the State and Territory embraced in said ting. advertisements for at least sixty days before the time of such general 179, 61. letting; and no other advertisement of such lettings shall be required; 1881, March 1, but this provision shall not apply to any other than general mail-lettings. ch. 96, § 1, par. 1. 1876, July 12, ch. [Par. 3.] For preparation and publication of post-route maps, includ- Post-route maps ing revision of former editions, and maps, diagrams, and other informa- may be sold at tion, thirty five thousand dollars; and the Postmaster-General may au- cost, &c. 1878, June 17, ch. thorize the publication and sale of said maps to individuals at the cost 259, § 1, par. 2. thereof; the proceeds of said sales to be applied as a further appropriation for said purpose. Persons not pro [Par. 4.] That nothing contained in section thirty-nine hundred and eighty-two of the Revised Statutes shall be construed as prohibiting hibited from reany person from receiving and delivering to the nearest post-office or postal car mail-matter properly stamped: Provided further that from and after the passage of this act Seuators, Representatives and Delegates in Congress, the Secretary of the Senate NOTE. (1) This provision is repeated in the act of 1881, March 1, ch. 96 (21 Stat. L., 376). ceiving and deliv ering mail-matter at nearest office, R. S., § 3982. Members of Con gress, Secretary of Senate, and Clerk ments free until of House may send and Clerk of the House of Representatives, may send and receive through and receive by the mail free, all public documents printed by order of Congress; and mail public docu- the name of each Senator, Representative, Delegate, Secretary of the December after ex- Senate, and Clerk of the House shall be written thereon with the proper piration of term of designation of the office he holds, and the provisions of this section shall office. apply to each of the persons named herein until the first Monday of December, following the expiration of their respective terms of office. 1874, ch. 456, § 13. 1875, ch. 128, § 3. 1875, March 3, ch. 128, § 3. 1877, March 3, ch. 103, § 7. 1877, Dec. 15, ch. 3, § 1. R. S., § 38963913. Estimates for railway mail serv made, &c. [Par. 5.] That hereafter, in making his estimates for railway mail ice; how to be service, the Postmaster General shall separate the estimate for postalcar service from the general estimates; and in case any increase or diminution of service by postal cars shall be made by him, the reasons therefor shall be given in his annual report next succeeding such increase or diminution. R. S., § 414. Prohibition of increase of postal And the proviso to the act entitled "An act to provide for a deficiency in the appropriation for transportation of mails by railroads for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine", approved December twenty first, eighteen hundred and seventy eight, is hereby 10 (20 Stat. L., repealed: car service re- 259). * Postal employés [Par. 6.] That postal clerks, route agents, and mail route messengers required to wear shall not be required to wear uniform other than a cap or badge. no uniform except a badge. R. S., § 3867. * Postal cards at [Par. 7.] And the Postmaster-General is hereby authorized to furnish two cents each for and issue to the public postal cards with postage stamps impressed upon foreign postal serv- them, for circulation in the mails exchanged with foreign countries unice to be provided. der the provisions of the Universal Postal Union Convention of June first, eighteen hundred and seventy eight, at a postage charge of two cents each, including the cost of their manufacture. R. S., § 3916. On what trains, &c., mails shall be carried. R. S., § 4000. How postal cars shall be construct ed. R. S., § 4005. # SEC. 3. The Postmaster General shall, in all cases, decide upon what trains and in what manner the mails shall be conveyed. SEC. 4. That all cars or parts of cars used for the railway mail service shall be of such style, length, and character, and furnished in such manner, as shall be required by the Postmaster General, and shall be constructed, fitted up, maintained, heated, and lighted by and at the expense of the railroad companies. SEC. 5. (Rep.) [That the Postmaster General shall deduct from the pay of the railroad companies, for every failure to deliver a mail within its schedule time, not less than one half of the price of the trip, and where the trip is not performed, not less than the price of one trip, and not exceeding, in either case, the price of three trips: Provided, however, That if the failure is caused by a connecting road, then only the connecting road shall be fined. And where such failure is caused by unavoidable casualty, the Postmaster General, in his discretion, may remit the fine. And he may make deductions and impose fines for other delinquencies.] SEC. 6. That the Postinaster General shall request all railroad comeral may require panies transporting the mails to furnish, under seal, such data relating certain data of to the operating, receipts and expenditures of such roads as may, in his railways. judgment be deemed necessary to enable him to ascertain the cost of R. S., § 4002. mail transportation and the proper compensation to be paid for the same; And he shall, in his annual report to Congress, make such recommendations, founded on the information obtained under this section, as shall, in his opinion, be just and equitable. to report to Congress. R. S., § 414. Classes of mail able matter. R. S., § 3875. SEC. 7. That mailable matter shall be divided into four classes: Second, periodical publications; Third, miscellaneous printed matter; Fourth, merchandise. TER. SEC. 8. Mailable matter of the first class shall embrace letters, postal FIRST-CLASS MATcards, and all matters wholly or partly in writing, except as hereinafter provided. SEC. 9. That on mailable matter of the first class, except postal cards and drop letters, postage shall be prepaid at the rate of three cents for each half 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 half ounce or fraction thereof, including delivery at letter carrier offices, and one cent for each half ounce or fraction thereof where free delivery by carrier is not established. Postage on firstclass matter. R. S., § 3903. - on postal cards. R. S., § 3916. -on drop letters. R. S., § 3904. The Postmaster General may, however, provide, by regulation, foron soldiers', sailtransmitting unpaid and duly certified letters of soldiers, sailors, and ors', &c.; when marines in the service of the United States to their destination, to be may not be prepaid on delivery. SEC. 10. That mailable matter of the second class shall embrace all newspapers and other periodical publications which are issued at stated intervals, and as frequently as four times a year and are within the conditions named in section twelve and fourteen. R. S., § 3902. SECOND - CLASS MATTER. R. S., § 3877. SEC. 11. Publications of the second class except as provided in section rates of postage twenty five, when sent by the publisher thereof, and from the office of on. publication, including sample copies, or when sent from a news agency 3905. R. S., § 3872, to actual subscribers thereto, or to other news agents, shall be entitled 1874, June 23, ch. to transmission through the mails at two cents a pound or a fraction 456, § 5. thereof, such postage to be prepaid, as now provided by law. SEC. 12. That matter of the second class may be examined at the examination of. office of mailing, and if found to contain matter which is subject to a higher rate of postage, such matter shall be charged with postage at the rate to which the inclosed matter is subject: Provided, That nothing herein contained shall be so construed as to prohibit the insertion in periodicals of advertisements attached permanently to the same. penalty for false ing. SEC. 13. That any person who shall submit, or cause to be submitted, for transportation in the mails any false evidence to the postmaster rela- evidence concerntive to the character of his publication, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall for every such offense be punished by a fine of not less than one hundred nor more than five hundred dollars. SEC. 14. That the conditions upon which a publication shall be admitted to the second class are as follows: First. It must regularly be issued at stated intervals, as frequently as four times a year, and bear a date of issue, and be numbered consecutively. Second. It must be issued from a known office of publication. Third. It must be formed of printed paper sheets, without board, cloth, leather, or other substantial binding, such as distinguish printed books for preservation from periodical publications. Fourth. It must be originated and published for the dissemination of information of a public character, or devoted to literature, the sciences, arts, or some special industry, and having a legitimate list of subscribers; Provided, however, That nothing herein contained shall be so construed as to admit to the second class rate regular publications designed primarily for advertising purposes, or for free circulation, or for circulation at nominal rates. -on what conditions publications admitted as. 16 Opin. Att'yGen., 303. SEC. 15. That foreign newspapers and other periodicals of the same foreign periodigeneral character as those admitted to the second class in the United cals admitted as. States may, under the direction of the Postmaster General, on application of the publishers thereof or their agents, be transmitted through the mails at the same rates as if published in the United States. Publications not Nothing in this act shall be so construed as to allow the transmission to be mailed in vio- through the mails of any publication which violates any copyright lation of copyright law. granted by the United States. Supplements to be sent. SEC. 16. That publishers of matter of the second class may without publications may subjecting it to extra postage, fold within their regular issues a supplement; but in all cases the added matter must be germane to the publication which it supplements, that is to say, matter supplied in order to complete that to which it is added or supplemented, but omitted from the regular issue for want of space, time, or greater convenience, which supplement must in every case be issued with the publication. THIRD-CLASS MAT TER. Postage on. 1876, July 12, ch. 179, § 15. -in foreign mails free of duty, except certain books. - circular defined. Printed matter defined. FOURTH-CLASS SEC. 17. That mail matter of the third class shall embrace books, transient newspapers, and periodicals, circulars, and other matter wholly in print (not included in section twelve), proof sheets, corrected proof sheets, and manscript copy accompanying the same, and postage shall be paid at the rate of one cent for each two ounces or fractional part thereof, and shall fully be prepaid by postage stamps affixed to said matter. Printed matter other than books received in the mails from foreign countries under the provisions of postal treaties or conventions shall be free of customs duty, and books which are admitted to the international mails exchanged under the provisions of the Universal Postal Union Convention may, when subject to customs duty, be delivered to addresses in the United States under such regulations for the collection of duties as may be agreed upon by the Secretary of the Treasury and the Postmaster General SEC. 18. That the term "circular" is defined to be a printed letter, which, according to internal evidence, is being sent in identical terms to several persons. A circular shall not lose its character as such, when the date and the name of the addressed and of the sender shall be written therein, nor by the correction of mere typographical errors in writing. SEC. 19. That "printed matter" within the intendment of this act is defined to be the reproduction upon paper, by any process except that of handwriting, of any words, letters, characters, figures, or images, or of any combination thereof, not having the character of an actual and personal correspondence. SEC. 20. That mailable matter of the fourth class shall embrace all matter not embraced in the first, second, or third class, which is not in its form or nature liable to destroy, déface, or otherwise damage the contents of the mail bag, or harm the person of any one engaged in the postal service, and is not above the weight provided by law, which is Package above hereby declared to be not exceeding four pounds for each package weight of four thereof, except in case of single books weighing in excess of that amount, pounds not to be and except for books and documents published or circulated by order of R. S., $$ 3879, Congress, or official matter emanating from any of the departments of sent, except, &c. 3893. 1876, July 12, ch. 186. the government or from the Smithsonian Institution, or which is not declared non mailable under the provision of section thirty eight hundred and ninety three of the Revised Statutes as amended by the act of July twelfth, eighteen hundred and seventy six, or matter appertaining to lotteries, gift concerts, or fraudulent schemes or devices. -rate of postage SEC. 21. That all matter of the fourth class shall be subject to examon fourth-class ination and to a postage charge at the rate of one cent an ounce or fraction thereof, to be prepaid by stamps affixed. matter. Proceedings in If any matter excluded from the mails by the preceding section of this case of non-maila- act, except that declared non mailable by section thirty eight hundred ble matter reach- and ninety three of the Revised Statutes as amended, shall, by inad ing office of delivery. vertence, reach the office of destination, the same shall be delivered in accordance with its address: Provided, That the party addressed shall furnish the name and address of the sender to the postmaster at the office of delivery, who shall immediately report the facts to the Postmaster General. If the person addressed refuse to give the required information, the postmaster shall hold the package subject to the order of the Postmaster General. books All matter declared non mailable by section thirty eight hundred and Obscene ninety three of the Revised Statutes as amended, which shall reach the in mail, &c., not office of delivery, shall be held by the postmaster at the said office subject to the order of the Postmaster General. SEC. 22. That mailable matter of the second class shall contain no 183. to be delivered. What may bo writing, print, mark, or sign thereon or therein in addition to the orig. written on second. inal print, except as herein provided, to wit, the name and address of class mail-matter. the person to whom the matter shall be sent, and index figures of sub- R. S., §§ 3886, scription book, either written or printed, the printed title of the publi- 3887. cation, the printed name and address of the publisher or sender of the 1876, July 12, ch. same, and written or printed words or figures or both, indicating the 179, § 15. date on which the subscription to such matter will end. Upon matter of the third class, or upon the wrapper inclosing the ―on third class. same, the sender may write his own name or address thereon, with the word "from" above and preceding the same, and in either case may make simple marks intended to designate a word or passage of the text to which it is desired to call attention. There may be placed upon the cover or blank leaves of any book or of any printed matter of the third class a simple manuscript dedication or inscription that does not partake of the nature of a personal correspondence. Upon any package of matter of the fourth class the sender may write or print his own name and address, preceded by the word "from", and there may also be written or printed the number and names of the articles inclosed; And the sender thereof may write or print upon or attach to any such articles by tag or label a mark, number, name, or letter for purpose of identification. on fourth class. When other writing thereon or inclosed, letter postage to be SEC. 23. That matter of the second, third, or fourth class containing any writing or printing other than indicated in the preceding section, or made in the manner other than therein indicated, shall not be delivered except upon the payment of postage for matter of the first class, deduct- charged. ing therefrom any amount which may have been prepaid by stamps affixed to such matter; and any person who shall conceal or inclose any and sender liamatter of a higher class in that of a lower class, and deposit, or cause ble to penalty. the same to be deposited, for conveyance by mail, at a less rate than would be charged for both such higher and lower class matter, shall, for every such offense, be liable to a penalty of ten dollars: Provided, however That nothing herein contained shall be so construed as to prevent publishers of the second class and news agents from inclosing, in their publications, bills, receipts and orders for subscription thereto; but such bills, receipts, and orders shall be in such form as to convey no other information than the name, location, and subscription price of the publication or publications to which they refer. SEC. 24. That the Postmaster General may prescribe, by regulation, the manner of wrapping and securing for the mails all packages of matter not charged with first class postage, so that the contents of such packages may be easily examined; and no package the contents of which cannot be easily examined shall pass in the mails, or be delivered at a less rate than for matter of the first class. publishers may inclose bills and receipts. Regulations for wrapping second class matter. Publications free to subscribers in county of publica SEC. 25. That publications of the second class, one copy to each actual subscriber residing in the county where the same are printed, in whole or in part, and published, shall go free through the mails; but the same tion. shall not be delivered at letter carrier offices, or distributed by carriers, unless postage is paid thereon at the rate prescribed in section thirteen of this act: - in letter-carrier Provided, That the rate of postage on newspapers, excepting weeklies, when deposited and periodicals not exceeding two ounces in weight, when the same are offices for delivery deposited in a letter carrier office for delivery by its carriers, shall be to pay postage, exuniform at one cent each; Periodicals weighing more than two ounces shall be subject, when cept, &c. |