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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."] 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 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:


how made, &c. R. S., § 3856.

Distributing offices may be designated and addi

tional pay allowed
to postmasters.
R. S., § 3859.


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:

(1) "SEC. 245. That every proposal for carrying the mail shall be acProposals for carrying 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

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."

bond and oath.

Oath of sureties

to be indorsed on


R. S., § 3947.

(1) "SEC. 246. (Sup.) [That before the bond of a bidder provided for 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, Substitute, see 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 approval of any bond of a bidder, or to the certificate of sufficiency of


1878, May 17, ch.

Penalty for post-
master illegally
approving bond,

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 forth with 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.”

(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 bis proposal, or having entered into contract, shall contract next low

est bidder to be fail 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 lowist bidder for the same service, who 3954. will enter into a contract for the performance thereof, unless the Post

1878, May 17, ch.

107. master-General shall consider such bid too high, in which case he shall Substitute, see re-advertise such service.

1876, Aug. 11, ch. 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-Gen. eral, 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 – and in case next whose respective bids are not considered too high by the Postmaster. lowest bidder is General shall refuse to enter into contract and give bond as herein re- posals to be adver

too high, new proquired 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 Temporary concontractor on any mail-route shall jail 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 Contracts, when may, in the discretion of the Postmaster-General, be continued in force may be continued beyond its express terms for a period not exceeding six months, until a

beyond express

terms. new contract with the same, or other contractors, shall be made by the Postmaster-General.”

(1) “SEC. 253. That bereafter all bidders upon every mail-route for the Bids to be actransportation of the mails upon the same, where the annual compensa- companied by certion for the service on such route at the time exceeds the sum of five tified check, &c.,

when annual comthousand dollars, shall accompany their bids with a certified check or

pensation exceede draft, payable to the order of the Postmaster-General, upon some solv. $5,000.

R. S., Ø 3953. 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,

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 ure, or returned on terms on which such bid was made and accepted, and enter upon the performance of 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 documents the same rate as that on newspapers mailed from a known office of publication to regular subscribers; and the words "Public Document" written or printed thereon, or on the wrapper thereof, and 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:

and heads of de-
partments, &c.
R. S., 3875-
3879, 3-96-3913.
1875, March 3,
ch. 128, § 3.
1877, March 3,
ch. 103, §§ 5, 7.
1879, March 3,
ch. 180, ý 1, par. 4.
-on the Congres-
sional 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.

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officers of.

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[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.



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. Inspectors-gen

And no new appointment shall be made in the Inspector-General's Department until the number of inspectors general is reduced to five. eral reduced five.


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.

In the corps of judge-advocates no appointment shall be made as vacancies occur until the number shall be reduced to four, which shall thereafter be the permanent number of the officers of that corps.

Judge-advocates reduced to four. R. S., §§ 12001203.

Three assistant

SEC. 3. That hereafter there shall be three assistant commissariesgeneral of subsistence, with the rank, pay, and emoluments of lieuten commissaries-g onant-colonel, instead of the two now allowed by law of said grade in the 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.

SEC. 4. That the Medical Department of the Army shall hereafter Medical Departconsist 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 rank, 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.

(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 hundred and seventy five; and thereafter no more than that number shall be employed.]

vacancies in of fice of assistant surgeon, how filled. hospital stew

R. S., §§ 1180,


contract surgeons, number reduced.

R. S., § 1168. Suspended by 1875, Jan. 1, ch. 12. Ordnance De

of, their rank, pay,

SEC. 5. That the Ordnance Department shall consist of one Chief of Ordnance, with the rank, pay, and emoluments of a brigadier-general; partment; officers three colonels, four lieutenant-colonels, ten majors, twenty captains, &c. sixteen first lieutenants; and all vacancies which may hereafter exist R. S., § 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.

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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.

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SEC. 8. That so much of section six of an act entitled (1) “An act 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.



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 1874, 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.]

June 23, 1874.

18 Stat. L., 250.



Stamps may be affixed prior to

January, 1876, to


1. Stamps may be affixed prior to January, 1876,
to unstamped instruments.

Be it enacted, &c.


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


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