TITLE IX

THE POST-OFFICE DEPARTMENT

§ 567. (R. S. § 388.) Establishment of the Post-Office Depart

There shall be at the seat of Government an Executive Department to be known as the Post-Office Department, and a PostmasterGeneral, who sha!! be the head thereof, and who shall be appointed by the President, by and with the advice and consent of the Senate,

and who 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.

Act May 8, 1794, c. 23, § 3, 1 Stat. 357. Act June 8, 1872, c. 335, §§ 1, 2, 17 Stat. 283.

Cited without definite application, Central Trust Co. v. Central Trust Co. of Illinois (1910) 30 Sup. Ct. 341, 342, 216 U. S. 251, 54 L. Ed. 469, 17 Ann.

Cas. 1066; U. S. v. Warfield (1909) 170 Fed. 43, 95 C. C. A. 317, 24 L. R. A. (N. S.) 312, 17 Ann. Cas. 1186.

§ 568. (R. S. § 389.) Assistant Postmasters-General. Postmasters-General, who shall be appointed by the President, by Moved in the same manner, and who shall be entitled to a salary

There shall be in the Post-Office Department three Assistant

and

With the advice and consent of the Senate, and who may be re

of four thousand dollars a year each.

Act June 8, 1872, c. 335, § 2, 17 Stat. 284. Act March 3, 1873, c. 226, § 3, 17 Stat. 508.

A provision for a Fourth Assistant Postmaster-General, contained in Act March 3, 1891, c. 541, § 1, is set forth post, § 569.

Appropriations for the Assistant Postmasters-General in recent years are for $5,000 each. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat.

In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof is required, unless otherwise directed, to perform the duties of the head of such Department until a successor is appointed, or such absence or sickness shall cease, by R. S. § 177, set forth ante, § 259. In case of the death, resignation, absence, or sickness of the head of any Department, except where the Attorney General is concerned, the President may authorize and direct the head of any other Department or any officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease, by R. S. § 179, also set forth ante, § 261.

Provisions for authorizing the Assistant Postmasters-General to approve bonds and sign contracts in the name of the Postmaster-General, made by Act March 3, 1877, c. 103, §§ 2, 3, and Act Dec. 21, 1893, c. 6, are set forth post, §§ 583-585.

All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, § 3228a.

The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b.

Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a.

Cited without definite application, Central Trust Co. v. Central Trust Co. of Illinois (1910) 30 Sup. Ct. 341, 342,

216 U. S. 251, 54 L. Ed. 469, 17 Ann. Cas. 1066.

§ 569. (Act March 3, 1891, c. 541, § 1.) Fourth Assistant Post

master-General.

For Fourth Assistant Postmaster-General, four thousand dollars. (26 Stat. 944.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1892, cited above.

The appropriation was continued in the subsequent similar acts, and the amount was increased, in recent years, to $5,000. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

See notes to R. S. § 389, ante, § 568.

§ 570. (R. S. § 390.) Assistant Attorney-General for Post-Office Department.

There shall be employed in the Post-Office Department one Assistant Attorney-General, who shall be appointed by the PostmasterGeneral, and shall be entitled to a salary of four thousand dollars a

year.

Act June 8, 1872, c. 335, § 3, 17 Stat. 284.

The title of the Assistant Attorney General provided for by this section was changed to that of Solicitor for the Post Office Department, and his salary fixed at $5,000, by a provision in the legislative, executive, and judicial apprôpriation act for the fiscal year 1915, Act July 16, 1914, c. 141, § 1, post, § 570a. The appropriations for the Solicitor for the Post Office Department in the subsequent legislative, executive, and judicial appropriation acts was at the same rate. The provision for the fiscal year 1917, was by Act May 10, 1916, c. 117, § 1, 39 Stat. Appropriations are also made annually for assistant attorneys, clerks, etc., in the Division of the Solicitor. The provisions for the fiscal year 1917, were also by Act May 10, 1916, c. 117, § 1, 39 Stat. See notes to § 568, ante.

§ 570a. (Act July 16, 1914, c. 141, § 1.) Solicitor for Post Office Department.

Office of the Attorney General: * ** Solicitor for the Post Office Department, $5,000: Provided, That the title of Assistant Attorney General for the Post Office Department is hereby changed to that of Solicitor for the Post Office Department, but this shall not affect the status of the present incumbent or require his reappointment. (38 Stat. 497.)

This was a provision in the legislative, executive, and judicial appropriation act for the fiscal year 1915, cited above.

See notes to R. S. §§ 389, 390, ante, §§ 568, 570.

Notes of Decisions

Assistant Attorney General as officer of Post Office Department. It is no objection to a "fraud order" issued by the Postmaster General under R. S. §§ 3929, 4041, post, §§ 7411, 7573, that the Assistant Attorney General for the department acted in the hearing of evidence before the issuance of the order, and in recommending it. People's U. S. Bank v. Gibson (C. C. 1905) 140 Fed. 1, 5, affirmed (1908) 161 Fed. 286, 88 C. C. A. 332.

The Assistant Attorney General appointed by the Postmaster General was an officer of the Post Office Department, notwithstanding the making of appropriations for his salary under the head "Department of Justice." (1893) 20 Op. Atty. Gen. 677, 681.

Cited without definite application, McCollum v. U. S. (1881) 17 Ct. Cl. 92, 101.

§ 571. (R. S. §§ 391, 392, as amended, Act March 5, 1874, c. 46.) Oath of office; before whom taken.

Before entering upon the duties, and before they shall receive any salary, the Postmaster General, and all persons employed in the postal service, shall respectively take and subscribe before some magistrate or other competent officer authorized to administer oaths by the laws of the United States, or of any State or Territory, the following oath or affirmation:

"I, A. B. do solemnly swear (or affirm, as the case may be,) 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 post-offices 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 (or affirm) that I will support the Constitution of the United States; so help me God."

And this oath or affirmation may be taken before any officer civil or military holding a commission under the United States, and such

officer is hereby authorized to administer and certify such oath or affirmation.

Act June 8, 1872, c. 335, § 15, 17 Stat. 287. Act March 5, 1874, c. 46, 18 Stat. 19.

These two sections of the Revised Statutes incorporated the provisions of section 15 of Act June 8, 1872, c. 335, first above cited. That section was amended, to read as above set forth, by Act March 5, 1874, c. 46, also cited above, which, though passed before the enactment of the Revised Statutes, took effect, by virtue of R. S. § 5601, post, § 10,598, as a subsequent statute, repealing any portion of the revision inconsistent therewith.

The oath prescribed by R. S. § 1757, post, § 3218, is to be taken by any person elected or appointed to any office of honor or profit, in the civil, military, or naval service, except the President, by Act May 13, 1884, c. 46, § 2, post, § 3216.

Notes of

Oath of postmasters.-A mail contractor cannot draw pay for services or work rendered or done prior to his taking the oath prescribed by Act March 3, 1863, in part re-enacted herein. (1866) 11 Op. Atty. Gen. 498.

While postmasters, in common with all other officers of the United States, except the President, are now required to take the oath of office prescribed in R. S. § 1757, post, § 3218, they are not exempted from taking the oath pre

Decisions

scribed by this act, but must take this also. (1885) 18 Op. Atty. Gen. 182.

Eligibility of Indian.-An Indian residing in the Indian Territory, who is a member of one of the tribes there and not a citizen of the United States, and is subject to tribal jurisdiction, is not eligible to appointment as a postmaster; he being incompetent, in contemplation of law, to take the required oath of office. (1885) 18 Op. Atty. Gen. 181.

§ 572. (R. S. § 393.) Clerks and employés.

There shall be in the Post-Office Department:
One chief clerk, at a salary of two thousand two hundred dollars

a year.

One superintendent of the Post-Office building and disbursing clerk, at a salary of two thousand three hundred dollars a year. One topographer, at a salary of two thousand five hundred dol

lars a year.

One stenographer, at a salary of one thousand eight hundred dol

lars a year.

One messenger to the Postmaster-General, at a salary of nine hundred dollars a year.

One captain of the watch, at a salary of one thousand dollars a

year.

One engineer, at a salary of one thousand six hundred dollars a

year.

One assistant engineer, at a salary of one thousand dollars a year. One carpenter, at salary of one thousand two hundred and fifty

two dollars a year.

One assistant carpenter, at a salary of one thousand dollars a

year.

One fireman and blacksmith, at a salary of nine hundred dollars a

year.

Two firemen, at a salary of seven hundred and twenty dollars a

year each.

Three female laborers, at a salary of four hundred and eighty dol

lars

a year each.

In the office of the money-order system:

One superintendent, at a salary of four thousand dollars a year. One chief clerk, at a salary of two thousand dollars a year.

In the office of foreign mails:

ne superintendent, at a salary of four thousand dollars a year. One chief clerk, at a salary of two thousand dollars a year.

In the dead-letter office:

One chief of division, at a salary of two thousand five hundred dollars a year.

In the office of mail-depredations:

One chief of division, at a salary of two thousand five hundred dollars a year.

In the office of the blank-agency:

One superintendent, at a salary of one thousand eight hundred dollars a year.

One assistant superintendent, at a salary of one thousand six hundred dollars a year.

Four assistants, at a salary of one thousand two hundred dollars a year each.

In the office of each of the Assistant Postmasters-General: One chief clerk, at a salary of two thousand dollars a year.

Act June 8, 1872, c. 335, §§ 3, 4, 17 Stat. 284. Act March 3, 1873, c. 226, § 3, 17 Stat. 508.

This section enumerated the subordinate officers in the Department and their salaries at the time of the compilation of the Revised Statutes, as authorized by the then existing statutes, cited above. But the officers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, ante, § 249. Subsequent appropriation acts provided for officers and clerks and for salaries different from those fixed by the above section. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat. Special provisions for an assistant general superintendent and a chief clerk of the Railway Mail Service, were made by Act April 16, 1890, c. 85, post, § 577.

The annual appropriations in the legislative, executive, and judicial appropriation acts provide for various superintendents, assistant superintendents. and other officers in the Department, in connection with the several branches of the Postal Service. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat.

The appointment of a purchasing agent for the Department was provided for by Act April 28, 1904, c. 1759, § 3, post, § 579.

The detail of clerks or other employés, paid from general appropriations for the postal service, from any branch of said service, to any of the offices or bureaus of the Post-Office Department, was forbidden by Act March 15, 1898, c. 68, § 9, post, § 580.

Provisions applicable to all the Departments, as to the employment of clerks and others, were made by R. S. § 169, and Act Aug. 5, 1882, c. 389, § 4, ante, §§ 248, 249.

Provisions applicable to all the Departments, as to the duties of chief clerks and disbursing clerks, were made by R. S. §§ 173, 174, 176, ante, §§ 255, 256, 258.

See notes to § 568, ante.

(R. S. § 394. Superseded.)

This section of the Revised Statutes incorporated a provision of the postal service appropriation act for the fiscal year 1874, Act March 3, 1873, c. 231, § 1, 17 Stat. 557, authorizing the Postmaster-General to designate one of the then fourth-class clerks to act as Superintendent of Free Delivery, at an annual salary of $2,500, with a proviso that the salary thereby fixed should terminate at the end of the fiscal year 1874. This provision, practically temporary only, was re-enacted, without limitation of the continuance of the increased salary, by the postal service appropriation act for the year next following, Act June 23, 1874, c. 456, § 1, 18 Stat. 231. Subsequently appropriations were made in the annual legislative, executive, and judicial appropriation acts, for a "chief of division of free delivery," and, later, for a "general superintendent free delivery system," and after 1897, for assistant superintendents. After the fiscal year 1904, appropriations were made for a superintendent city delivery service and assistant superintendent of city free delivery system, and also for a superintendent rural free delivery service and supervisor of rural free delivery service. Recent appropriations provided, in the office of the First Assistant Postmaster-General, under the heading "Division of City Delivery," for a superintendent, $3,000, assistant superintendent, $2,000, and clerks, etc., and in the office of the Fourth Assistant Postmaster General, under the heading "Division of Rural Mails," for a superintendent, $3,000, assistant superintendent, $2,000, and a chief clerk, $2,000. The provisions for the fiscal year 1916 were by Act March 4, 1915, c. 141, § 1, 38 Stat. 1036, 1037. For the fiscal year 1917 the appropriations by Act May 10, 1916, c. 117, § 1, 39 Stat., were somewhat different. They were as follows: In the office of the First