New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-26
WASHINGTON.
POsTMASrERS RESPONSIBILITY.
THl eAss OF TIE PosTKAsTHR OF Bosr0N-Ax Ao
vRRsB DECISION TO HIS DEPENsR.

POsTMASrERS RESPONSIBILITY.
rHl eAss OF THE PosTNAsrHR OF BosroN-Ax Ao-
vRRsD DECISION TO HIS DEPsNss.
frRon An OCCASIONAL CORRESPONDENT or TIE rHnuxAI
WASHINGTON, June 24.-The following ID
the opinion OF Judge Spence, Assistant Attorney
General Of the PosOce Department In the case OF '"
l. Burt Postmaster of Boston, to his liability on Dis
bond for the Of registered package containing post
age stamps which received 1t his office for rsnsin
son beyond, but which failed to reach It's destination
through the negligence Of Postmaster Burt or some OF
his employee II charged up 10 Mr.. Burt who Dr.
INJURED and wrote TO the Postmaster GENERAL by whom
the letter referred to Judge Spence who furnished
this opinion:
OFFICE OF The ASSISTANT ATTORNEY. GENERAL
OF rHg PosT-OrrTcE DEP.RrxEST.{
wAsnIsGros. D. c., June ., 1879
ton referred TO me for opinion "a to his liability on
his bond for the loss of Registered package containing
postage stamps, the property Of the United states re-
ceived at his office for transmission beyond beg leave
TO submit the following: l.. .,ou
faithfully discharge all the duties and trusts IMPOSED
gen him. either ~ law or the the hue duties
aud trusts thus Imposed. bis official bond a. poatnasief
ton liability arises Whenever the breach results
from his mlsfeasance or msieasance or tnat on .
OF postmaster binds him the faithful performance Of
every duty imposed upon him such. and ne cnnot re-
form ,ncr OF such duties upon another in
toned OF the Postmaster ot Boston, regis
United states, was received at the r9ocs ~ Boston.
adfr s,cd TO- and destined for an Office beyond IL wac
the duty Of the Postmaster under the rules and reea
tons OF the Department. 10 forward that package 10 IAo
Office OF destination.
t appears that did not do In falling so to do,
whether the failure resulted nom his own act or the act
Of ms clerk breach OF the conditions OF MS
bond and for that breach he Ia liable thereon II s,t
Instituted upon the boud of TIE pOsS,r To enaoo
the Government recover IL would ouly be necessary
for show the breach of tie condition. The damage
be recovered br the loss the Government sus-
tanned by the breach That loss III this would bo tne
OF the stamps contained In the package The bona
OF postmaster Is not liable for ordinary mail matter
Suit cannot be instituted Oh by the Czen for loss ~
pdil matter resulting from the official misfeas-nce or
the postmaster because no privy ut CON
bet them and pltaoueu rlch loss may
be breach tHe condition ~ the bond, aud FOR Nhicu
suit mght be maintained 10y the Government Jet III sucn
suit the recovery would bo for nominal danaN1 only the
Government sustaining no loss. not heng liable IN any
matter deposited for mailing or transmitted
turOugn mails. in THIS tue Government lts
suffered loss through tho negligence or want ~ dF
gcnrc postmaster hs niOye- and his BOND u
Ices thus sustained tine value OI tho
postage stamps contained IN tine gess crcd package
am, very respectfully, j. A. rPlNCE,
Assistant Attorney General for the r. o. Dept
To the hon Marshall .esell. POstmastcr-Gcn eidl
This letter Ia important being the iii- instance III
which decision has obtained against postmaster
for the loss Of Government property through tho MALLS
and holding him responsible therefor