Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-24

These laws were not enacted to relieve any
individual or any state. municipal or other
government of the payment of postage.
Before the amendment of 1854 to the
penalty envelope laws the District of CO.
lumba paid postage on its mail matter out
of its own funds the same as the states and
cities throughout the country. The fact
that the United States government contrib
uted to those funds one-half of the total
amount does not make them any less the
funds of the corporate municipality of the
District of Columbia. In my opinion Con-
Sress did not intend by the amendment Of
1854 to relieve the municipal government of
the District of Columbia of the payment of
postage on its official mail matter.
Mr.. Robb's Conclusions.
My conclusions are that the Commission
ers of the District of Columbia are not Of
ficers of the general government of the
United States is the business of the
District of Columbia the business of the
United States, within the meaning of the
statutes authorizing the use of the penalty
envelopes. Therefore they are not author
lied by law to use the penalty envelope in
performing the duties and administering the
powers intrusted to them by the act of 1878
1T is not intended herein to reflect in any
manner upon the good faith of the Commits
sioners of the District nor their predeces-
sorS in their use of the penalty envelope
[ am satisfied that the practice of the Com
missioners, as stated in the letter from their
president was known to and acquiesced in
by the department. This fact, while justi-
flying the Commissioners. is of course not
determinative of the question Of their legal
authority for such USE
Governors Of Territories.
The analogy between the positions of the
District Commissioners and the officials of
the territories is so close that it is believed
that were a case brought to the attention
of the Post Office Department testing the
oh of arriforia1 officials m "a nSa of the
penalty envelope they would be regarded
practically in the same class the Com
missioners. This has not been so adjudged
by any official of the department, any
opinion of that kind would involve greater
investigation than has as yet been made
into the legal status of territorial officials.
1t is understood that governors and secre-
tries of state of the territories use the pen
atty envelope. In the case of some of the
governors of territories their official duties
include work for the Department of the In
terror in looking after matters relating to
the control Of the Indians, in which cases
their use of the penalty envelope would be
justified. But so far their duties in re-
lation to the territorial governments are
concerned there would be very great doubt
whether they would be entitled to use the
penalty envelope.
Controllers Recent Decision.
The recent opinion of the controller of the
,ssxes.>"y in relation to the status of the
District of Columbia in the renting of build
ings for the of the District is interesting
in connection with the opinion of Mr.. Robb,
with which it is not in harmony.
Undoubtedly said the controller, 1.-The
government of the District of Columbia Is
a municipal corporation, but 1t is not an in
dependent body acting for itself. 1t is an
agency established by Congress for admin
istering the laws which it enacts for the
government of the inha bitants with the
territory of the District of Columbia, over
which it has exclusive jurisdiction. Its
powers are limited, and Congress may at
any time alter them or take them away, or
act directly in any instance, in it's own dis
cretion without the aid of the municipal
government.
The revenues of the District are required
to be covered into the treasury of the
United States and in general the munich
pal government can make no disbursements
except of moneys appropriated by Con-
gress."