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Sec. 247

THE POSTAL SERVICE

Title 39.-Chapter 6, U. S. Code

PARCEL POST ACTS

The

37 Stat. 558.

39 Stat. 431.

48 Stat. 1067.

45 Stat. 942. Reformation

tion, etc.

Provision from the Post Office Department Appropriation Acts. [August 24, 1912, July 28, 1916, February 28, 1925, May 29, 1928.] [39 U.S. C., § 247.] classification of articles mailable as well as the weight of classificalimit, the rates of postage, zone or zones and other conditions of mailability under this section, if the Postmaster General shall find on experience that they or any of them are such as to prevent the shipment of articles desirable, or to permanently render the cost of the service greater than the receipts of the revenue therefrom, he is hereby directed, subject to the consent of the Interstate Commerce Commission after investigation, to re-form from time to time such classifications, weight limit, rates, zone or zones or conditions, or either, in order to promote the service to the public or to insure the receipt of revenue from such service adequate to pay the cost thereof.

NOTE. The provisions of § 247, above, were first enacted in the Postal Service Appropriation Act for the fiscal year 1913, under date of August 24, 1912, which established parcels post.

GENERAL PROVISIONS

Consent of changes in parcel post.

Commission to

zones, etc., in

Consent of

Commission

to increases,

other reforma

tons.

Provision from Public Law 843, 81st Congress, making 64 Stat. 1050. supplemental appropriations for the fiscal year ending June 30, 1951: [September 27, 1950.] Hereafter, none of the funds appropriated to the Post Office Department from the general fund of the Treasury shall be withdrawn from the Treasury until the Postmaster General shall certify in writing that he has requested the consent of the Interstate Commerce Commission to the establishment of such rate increases or other reformations (in addition to any specific increases or other reformations heretofore or hereafter authorized or prescribed by law), pursuant to the provisions of section 207 of the Act of February 28, 1925, as amended (39 U. S. C., 247), as may be necessary to insure the receipt of revenue from fourthclass mail service sufficient to pay the cost of such service: Provided, That the foregoing shall not be construed Exception. to require any increase in the postage rate, established by the Act of April 15, 1937 (39 U. S. C., 293c), for publications or records furnished to a blind person,

Secs. 523-536-540-541-541a

39 Stat. 419.

Carriage free of agents, officers, Post Office Department.

39 Stat. 429.

Land-grant roads.

39 Stat. 428.

Railroad and steamboat.

39 Stat. 426. Transportation required.

Fair, reasonable, compensation.

47 Stat. 809.

Motor-vehicle transportation. Compensation.

RAILWAY MAIL SERVICE PAY

Title 39.-Chapter 15, U. S. Code

The following sections derive from the Post Office Department or Postal Service Appropriations Acts, of the dates shown.

[July 28, 1916.] [39 U. S. C., § 523.] That hereafter every railroad company carrying the mails shall carry on any train it operates and without extra charge therefor the persons in charge of the mails and when on duty and traveling to and from duty, and all duly accredited agents and officers of the Post Office Department and the Railway Mail Service and Post Office inspectors while traveling on official business, upon the exhibition of their credentials.

[July 28, 1916.] [39 U. S. C., § 536.] Railroad companies whose railroads were constructed in whole or in part by a land grant made by Congress, on the condition that the mails should be transported over their roads at such price as Congress should by law direct, shall receive only eighty per centum of the compensation otherwise authorized by this section.

NOTE.-See § 321 and § 322, §§ 65 and 66, Title 49, supra, Government to pay full rates. By § 3 of the Act of Dec. 12, 1945, § 65a U. S. Code, the Commission is directed to consider the resulting increased revenues to carriers in prescribing rates, fares, and charges.

[July 28, 1916.] [39 U. S. C., § 540.] The provisions of this section shall apply to service operated by railroad companies partly by railroad and partly by steamboats.

[July 28, 1916.] [39 U. S. C., § 541.] All railway common carriers are hereby required to transport such mail matter as may be offered for transportation by the United States in the manner, under the conditions, and with the service prescribed by the Postmaster General and shall be entitled to receive fair and reasonable compensation for such transportation and for the service connected therewith.

[February 15, 1933.] [39 U. S. C., § 541a.] That the Postmaster General is hereby authorized, in his discretion, to permit railroad and electric-car companies to provide mail transportation by motor vehicle over highways in lieu of service by train, the compensation for such service to be at a rate not in excess of the rate that would be allowed for similar service by railroad or elec

tric car, payment therefor to be made from the appropriate appropriation for railroad transportation and mail messenger service or electric and cable car service.

NOTE.-Mail authorized to be transported by motorbus, § 208 (d), part II, Interstate Commerce Act.

Secs. 5418-545

fix reasonable

rates.

[July 28, 1916.] [39 U. S. C., § 542.] The Interstate 39 Stat. 429. Commerce Commission is hereby empowered and di- Commission to rected as soon as practicable to fix and determine from time to time the fair and reasonable rates and compensation for the transportation of such mail matter by railway common carriers and the service connected therewith, prescribing the method or methods by weight, or space, or both, or otherwise, for ascertaining such rate or compensation, and to publish the same, and orders so made and published shall continue in force until changed by the Commission after due notice and hearing.

NOTE.-The Act of June 30, 1949, creating the General Services Administration, by § 502 (d) (15), provides that that Act shall not affect authority of the Postmaster General or Postal Establishment as to means and methods of distribution and transportation of mails and negotiations, proceedings, before Federal and State regulatory and rate-making bodies with respect thereto.

Methods for

ascertaining

rate.

[July 28, 1916.] [39 U. S. C., § 543.] In fixing and determining the fair and reasonable rates for such service the Commission shall consider the relation existing between the railroads as public service corporations and the Government, and the nature of such service as distin- Nature of seryguished, if there be a distinction, from the ordinary transportation business of the railroads.

ice considered.

to be furnished

[July 28, 1916.] [39 U. S. C., § 544.] The procedure for the ascertainment of said rates and compensation shall be as follows: (secs. 545 to 554) [July 28, 1916.] [39 U. S. C., § 545.] Within three months from and after the approval of this Act, or as soon thereafter as may be practicable, the Postmaster General shall file with the Commission a statement show- Information ing the transportation required of all railway common Commission. carriers, including the number, equipment, size, and construction of the cars necessary for the transaction of the business; the character and speed of the trains which are to carry the various kinds of mail; the service, both terminal and en route, which the carriers are to render; and all other information which may be material to the in

228584 O 52 - 24

Secs. 545-550

39 Stat. 430.

Plan of Postmaster General filled with Commission.

Notice.

Hearings.

Testimony; procedure; penalties.

Classification of carriers.

Additional weighing.

quiry, but such other information may be filed at any time in the discretion of the Commission.

[July 28, 1916.] [39 U. S. C., § 546.] The Postmaster General is authorized to employ such clerical and other assistance as shall be necessary to carry out the provisions of this section, and to rent quarters in Washington, District of Columbia, if necessary, for the clerical force engaged thereon, and to pay for the same out of the appropriation for inland transportation by railroad routes. The Postmaster General shall file with the Commission a comprehensive plan for the transportation of the mails. on said railways and shall embody therein what he believes to be the reasonable rate or compensation the said railway carriers should receive.

[July 28, 1916.] [39 U. S. C., § 547.] Thereupon the Commission shall give notice of not less than thirty days to each carrier so required to transport mail and render service, and upon a day to be fixed by the Commission, not later than thirty days after the expiration of the notice herein required, each of said carriers shall make answer and the Commission shall proceed with the hearing as now provided by law for other hearings between carriers and shippers or associations.

[July 28, 1916.] [39 U. S. C., § 548.] All the provisions of the law for taking testimony, securing evidence, penalties, and procedure are hereby made applicable.

[July 28, 1916.] [39 U. S. C., § 549.] For the purpose of determining and fixing rates or compensation hereunder the Commission is authorized to make such classification of carriers as may be just and reasonable and, where just and equitable, fix general rates applicable to all carriers in the same classification.

[July 28, 1916.] [39 U. S. C., § 550.] Pending such hearings, and the final determination of the question, if the Interstate Commerce Commission shall determine that it is necessary or advisable, in order to carry out the provisions of this section, to have additional and more frequent weighing of the mails for statistical purposes, the Postmaster General, upon request of the Commission, shall provide therefor in the manner now prescribed by law, but such weighing need not be for more than thirty days.

Secs. 551-555

Order fixing rates.

[July 28, 1916.] [39 U. S. C., § 551.] At the conclusion of the hearing the Commission shall establish by order a fair, reasonable rate or compensation to be received, at such stated times as may be named in the order, for the transportation of mail matter and the service connected therewith, and during the continuance of the order the Postmaster General shall pay the carrier from the appropriation herein made such rate or compensation. [July 28, 1916.] [39 U. S. C., $552.] The Interstate Land-grant Commerce Commission shall allow to railroad companies whose railroads were constructed in whole or in part by a land grant made by Congress on condition that the mails should be transported over their roads at such price as Congress should by law direct only eighty per centum of the compensation paid other railroads for transporting the mails and all service by the railroads in connection therewith.

The existing law for the determination of mail pay, except as herein modified, shall continue in effect until the Interstate Commerce Commission under the provisions hereof fixes the fair, reasonable rate or compensaion for such transportation and service.

carriers.

Existing mail in force until

pay to remain

reasonable

rates are fixed. 39 Stat. 431.

NOTE.-See Note to § 536 above, respecting land-grant carriers. [July 28, 1916.] [39 U. S. C., § 553.] Either the Postmaster General or any such carrier may at any time after the lapse of six months from the entry of the order assailed apply for a reexamination, and thereupon sub- Reexamination. stantially similar proceedings shall be had with respect to the rate or rates for service covered by said application, provided said carrier or carriers have an interest therein.

39 Stat. 430.

Commission.

[July 28, 1916.] [39 U. S. C., § 554.] For the purposes of this section the Interstate Commerce Commis- Powers of the sion is hereby vested with all the powers which it is now authorized by law to exercise in the investigation and ascertainment of the justness and reasonableness of freight, passenger, and express rates to be paid by private shippers.

[July 28, 1916.] [39 U. S. C., § 555.] The provisions of this section respecting the rates of compensation shall not apply to mails conveyed under special arrangement in freight trains, for which rates not exceeding the usual and just freight rates may be paid, in accordance with

Mails in freight trains.

39 Stat. 428.

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