The Portland daily press., 1884-01-16

| when he does not himself do the work, or pay
for doing it. While Postmaster Goddard
of Portland, is not expressly referred to- it is
| understood that the question was raised by the
report of the special agent of the Department
who made an investigation of the Portland
Office several months ago.
THE PosTMAsTER-GENERAL's LETTER.
Posr OFFICE DEPARTMENT,
OFFICE OF THE PosTSrAsTER-GENRRAL,
| WASHINGTON, D. O., Dec Is, 1883.
Sir:-section 4047 of the Revised Statutes
provides that: "Postmasters at money order
offices may be allowed as compensation for is
suing, and paying, money orders not exceed
| ing one-third of the whole amount of the fees
collected on orders issued, and ene-fourth of
one per cent. on the gross amount of orders
| paid at their respective offices. provided such
| compensation, together with the postmaster's
| salary, shall not exceed four thousand dollars
| per annum, except in the case of the post
master at New York city,"
| This section is understood by the Post
Office Department as requiring q post
master in order to entitle him to re-
ceive the compensation therein provided
for issuing and paying money orders to
personally perform the services required in
the money order business at his Office in the
sense that if the work is not physically execut-
ed by his hands it must be executed under his
immediate supervision, by clerk employed by
him for that purpose, and who is, in no way,
employed by the Post Office Departme Mt proper
or paid from postal funds, dietin p.isslsd
from money order funds.
Thia vinvv fef tha N, altar pa% haan oooap4-
| cd by many postmasters as q proper construc-
tion, and it is deemed advisable to ask your
opinion upon the subject. Ia doing so permit
me, as briefly as possible, to present such sug
gestions as have impressed me in examining
this question, and the reasons that have in
duced the conclusions at which have arrived.
A careful reading of the following sections
| of the Revised Statutes have led ma to believe
| that it was the purpose of Congress to keep
| distinct and separate the expenses of the mon
ey order system from the cost of the postal SER
| vice; and that this purpose should be kept in
| view in the Interpretation Of all statutes
passed, relating either TO the money order sys-
| tenn or to the postal service.
By section 1927, the Postmaster-General is
authorized to establish uniform money order
| system.
The following section authorizes him to con-
clude arrangements with postal authorities of
foreign governments, and requires that tex
penses of establishing and conducting such
system of exchange may be paid out of the
proceeds of the money order business"
Section 4043, and the section following au-
thorze, in special instances, the transfer of
postal funds to pay money orders; but they
require strict record to be kept thereof, and
an account opened By the Assistant Treasurer
OF the United States of "Money Order Funds''
Section 4047, requires that the compensation
OF postmaster for services rendered in the
money order business shall be- paid out of
money order funds. This is followed in til
succeeding section by the requirement that the
Postmaster General 'shall pay out of tn
proceeds of the money order business, the cost
of stationery and such incidental expenses as
are necessary for the transaction OF that busi
ness"
Item eight of section 4049 requires that the
accounts of the postal service shall, be kept in
such manner az to exhibit separately "the
revenue from money order business"
The following section requires ssthe net pro-
ceeds OF the money order business to be
placed to the credit of the Treasurer of the
United States for the service OF the Post Office
Department, and "the receipts of the Post
Office Department derived from this service
during each quarter shall be entered by the
Sixth Auditor in the accounts of such dspart-
ment unde the head of "Reyenue from the
Money Order Business"
This distinct purpose Of Congress to keep
entirely separate the expenses of the money
order system, is in entire harmony with the
principle, that would prevent the use Of money
from the public treasury, in which all citizens
have common interest, for the purpose of
affording facilities to private individuals for
the transmission of money through the mails.
1t seems proper thatwhile the government as
matter OF convenience should furnish such
facilities at the lowest possible cost vet they
should not be SO supplied at any cost to the
public treasury, and for this reason this ac-
count should be kept absolutely separate from
the postal service, in the administration of
which, the public revenues have been used
| with a primary regard to the returns anti
cipated A construction therefore of any
section of the statute, which would prevent
| the absolute severance of all money order ex-
| penses, from postal expenses proper is if DOS
| sible, to be avoided, both from principle and
| in execution OF the apparent purpose of Con-
! gress.
| It is important, it seems to me, that the ex-
| act expenses OF the money order system
should be ascertained from year to year, n order
| that while the cost of the service to those
| using it may be reduced to the minimum, yet
no burden shall be thrown upon the public
treasury for the financial benefit of individuals.
There are other sections of the statute that
| indicate that the basis adopted for fixing the
| salaries of poStmasters, does not in any way
| take into account as an item the clerical labor
| performed in the money order service, or the
| receipts from the fees fixed by law upon the
clerks for post offices is also based solely upon
| the postal work required of them connected
legitimately with the postal service. These
sections are as follows:
| Section 9, xix. Stats, at L., p. 80.
| Compensation of Postmasters," Xxx. Stats,
| at L., p. 141.
Section 26, Xxx. Stats, at L. p. 361.
| Section IL, xix. Stats, at L., o. 80.
The allowances for clerks at post Offices and
! Incidental expenses are fixed by sections 1850
| and 1868, r. s.. and section II, xix. Stats. at
| L., p. 49, which limits the allowances at sep-
arating Offices to "the necessary cost of clerical
| services arising from duties.'
Section 3557, II. s., recognizes the distinc-
| ton between the postmaster's salary and his
commission on the money order business
| Section 1884, r. s., requires that, "Where
an office shall be designated as a money order
office, the bond of the postmaster shall contain
an additional condition for the faithful per.
formances of all duties and obligations in con-
| nection with the money order business
Section 4O31 requires a special designation
by the Postmaster General, of the chief clerk,
| or some other clerk, in post office, in the un-
avoidable absence or sickness of the postmas-
ter, ITO act in his place, and to discharge all
the duties required by law of such postrnast-
ers, "at any money order office, land the
special bond given by the principal of the
office, shall be held to cover and apply to the
acts of the person appointed to act in his place
| in such cases."
Section 1929 authorizes the assistant OF clerks
in charge of branch offices, or stations in
cities, under direction of the Postmaster Gen
eral, to issue money orders, and renders the
postmaster, and his sureties, liable upon his
official bond for moneys received by him, or
his designated assistants, or clerks, in charge
of stations
These are the only two instances where a
postmaster is authorized by statute, to desig-
nate clerk employed in the postal service to
perform any duties in the money order service.
They are by statute made the exceptional
| cases.
In harmony with this legislation, is the pro-
| vision in section $40, Postal Laws and Regnla-
tlons, 1879, which declares that: "Pcstmasters
are strictly prohibited from employing in the
transaction OF their money order business, any
a 4 4