The Portland daily press., 1884-01-16
# the allowances from postal funds for clerk


In view OF the fact that the per cent, proyid-
ed for in section 4047 is declared by that sec
tlon to be allowed "as compensation Tor issuing
and paying money ORDERS" have not 1elt,
that, where postmaster had required CLERK
paid from postal funds, to discharge the duties
that are imposed upon the postmaster in the
money order service by statute, he was entitled
to assert claim for money order commissions
He cannot exchange duties with postal clerk,
because he owes service in person to the pos
tai service as postmaster. He cannot make
such exchange, because the statute specltles
the only two cases in which postal clerk may
discharge these duties. The postal clerk is
paid from the revenue of the post once de-
partment and the actual expenses OF the mon
ey order office would be diminished, II q por-
tlon OF its clerks were borne upon the rolls OF
the postal service, and the Treasurer OF the
United States uDjustly burdened for the imam
cial benefit of individuals. He cannot ex-
change service with a postal clerk, because
the payment under section 4047 is "as compen-
pensation for issuing and paying money or
ders." If he has mot performed the service,
he cannot claim the compensation without vio-
iating section 4057 r. S.
respectfully submit the question for your
consideration and opinion as to the proper con-
struction to be given to the statute in ques-
tion. Respectfully yours,
(Signed) W. @. GRESHAM,
Postmaster General.
Hon. BENZ. Harris Brewster, Attorney Gensr-
al, Washington, d. q.
THE ATTORNEY GENERALS REPLY.
DEPARTMENT OF JUSTICE,
WASHINGTON, Dec. 20, 1855.
Sill have the honor to acknowledge the
receipt of your letter of the 18th instant, citing
section 4o47 of the Revised Statutes and stating
that "this section is understood by the Post
Office Department as requiring postmaster in
order to entitle him to receive the compensa-
tion therein provided for issuing and paying
money-orders, to personally perform the SER
vices required in the money-order business at
his office, in the sense that if the work is not
physically executed by his hands it must be
executed under bis immediate supervision by
clerk employed by him for that purpose, and
who is in no way employed by the Post Office
Department proper, or paid from postal funds
as distinguished from money-order funds"
You state further that this view of the mat
ter has not been accepted by many postmasters
as proper construction, and that it is deemed
advisable to ask my opinion upon the subject.
1t seems very clear to me that the section
cited gives compensation to postmasters for is-
suing and paying money orders only in consid-
GRAFTON of their having earned it by their per-
sonal service (including thet OF their own paid
agents, in case any part of that duty may be
lawfully delegated) This rests on the plain
doctrine that in such contract of hiring the
engagement of one party is to pay and of the
other to serve. The statute cited must be pre-
sumed to require this mutually and the post
masters who consider themselves to be entitled
to pay under it without rendering or furnish
In 9 tho service should produce some legisla-
tive declaration of their right.
Whether in any particular case there is
foundation for such claim will depend on the
facts, and in the absence of these can ex.
press no opinion further than to ooncrF as
above in your construction of section 4047 of
the Revised Statutes
AS you state no special cases for me to pass
upon of course I must answer this on the ab-
stract proposition which is the point and pur-
pose of your letter.
Very respectfully,
(Signed)
BENJAMIN HARRIS BREWSTER,
Attorney General.
Hon. w @, Gresham Postmaster General