§ 7368. (Act March 3, 1905, c. 1480, § 2.) Refund of postage paid for which service is not rendered, or in excess of legal rate. Hereafter, whenever it shall be shown to the satisfaction of the Postmaster-General that any postage is paid on any mail matter for which service is not rendered, or is collected in excess of the lawful rate, he may, in his discretion, authorize the postmaster at the office where paid to refund the proper amount out of the postal receipts in the possession of the postmaster: Provided, That this provision shall apply to all applications for such refunds pending in the Post-Office Department at the time of the passage of this Act. (33 Stat. 1091.)

This provision was part of section 2 of the postal service appropriation act for the fiscal year ending June 30, 1906, cited above.

The remaining part of the section made the usual general appropriation to supply any deficiencies in the revenues of the Department to meet the appropriations made by the act.

§ 7369. (Act March 3, 1877, c. 103, § 5.) Letters, etc., on official business, to be transmitted free; official envelopes.

It shall be lawful to transmit through the mail, free of postage, any letters, packages, or other matters relating exclusively to the business of the Government of the United States: Provided, That every such letter or package to entitle it to pass free shall bear over the words "Official business" an endorsement showing also the name of the Department, and, if from a bureau or office, the names of the Department and bureau or office, as the case may be, whence transmitted. (19 Stat. 335.)

These provisions were part of an act entitled "An act establishing post-roads and for other purposes."

Section 1 of said act established certain post-roads, and is omitted as local only.

Section 2 of the act authorized the First Assistant Postmaster-General to approve postmasters' bonds, and to sign contracts for stationery, etc. It is set forth, in part, ante, § 583.

Section 3 of the act authorized the Second Assistant Postmaster-General to sign contracts for mail transportation, and for supplies of mail-bags, etc. It is set forth, in part, ante, § 584.

Section 4 of the act authorized the Third Assistant Postmaster-General to sign contracts for supplies of postage-stamps, etc. It was superseded, with the provisions of sections 2 and 3 not set forth ante, §§ 583, 584, by provisions for the appointment of a Purchasing Agent for the Department, of Act April 28, 1904, c. 1759, § 3, ante, § 579.

Section 6 of the act is set forth post, § 7370.

Section 7 of the act provided that public documents sent and received by Members of Congress, etc., should be transmitted free. It was superseded by Act Jan. 12, 1895, c. 23, § 85, post, § 7378.

Section 8 of the act established certain post-routes. It is omitted, as local only.

A further provision of this section, as originally enacted, made it punishable to use official envelopes to avoid the payment of postage, etc. That provision was incorporated into the Criminal Code in section 227 thereof, post, § 10397, and was repealed by section 341 thereof, post, § 10515.

The matter to be admitted to the mails under a penalty privilege, which was provided for by this section, was restricted to matter entitled to admission under laws requiring prepayment of postage, by a provision of Act June 26, 1906, c. 3546, post, § 7382.

The provisions of this section and of section 6 of this act, next following, were extended to all officers of the United States Government, not including

Members of Congress, by Act March 3, 1879, c. 180, § 29, as amended by Act July 5, 1884, c. 234, § 3, post, § 7371.

Said provisions were also extended to all official mail-matter of agents for the payment of pensions, by a provision of Act July 2, 1886, c. 611, 24 Stat. 122. But pension agencies were abolished, after January 31, 1913, by provisions of Act Aug. 17, 1912, c. 301, § 1, 37 Stat. 312.

The provisions of this section and of section 6 of this act next following, were extended to the official mail-matter of the National Home for Disabled Volunteer Soldiers by Act Aug. 18, 1894, c. 301, § 1, post, § 7372, and to the official mail-matter of the Bureau of the American Republics by Act Feb. 20, 1897, c. 268, post, § 7373.

All mail-matter of whatever class relating to the census and addressed to the Census Office or any official thereof was to be transmitted free by Act July 2, 1909, c. 2, § 29, post, § 7376.

Bulletins and reports of experiment stations at State agricultural colleges were to be transmitted in the mails free of postage by Act March 2, 1887, c. 314, § 4, post, § 8882.

The issuance of special stamps in lieu of penalty or franked envelopes in the transmittal of free mail resulting from the administration of the Postal Savings Depositories Act of June 25, 1910, c. 386, by section 2 of that act, post, 7581.

7370. (Act March 3, 1877, c. 103, § 6.) Official envelopes; indorsement of penalty.

For the purpose of carrying this act into effect, it shall be the duty of each of the Executive Departments of the United States to provide for itself and its subordinate offices the necessary envelopes and in addition to the endorsement designating the Department in which they are to be used, the penalty for the unlawful use of these envelopes shall be stated thereon. (19 Stat. 336.)

See notes to section 5 of this act, ante, § 7369.

§ 7371. (Act March 3, 1879, c. 180, § 29, as amended, Act July 5, 1884, c. 234, § 3.) Letters, etc., on official business to be transmitted free; indorsements on envelopes; official mail-matter of Smithsonian Institution; registered free mail-matter; repeal. The provisions of the fifth and sixth section of the act entitled "An act establishing post-routes, and for other purposes" approved March third, eighteen hundred and seventy-seven, for the transmission of official mail-matter, be, and they are hereby, extended to all officers of the United States Government, not including members of Congress, the envelopes of such matter in all cases to bear appropriate indorsements containing the proper designation of the office from which or officer from whom the same is transmitted, with a statement of the penalty for their misuse. And the provisions of said fifth and sixth sections are hereby likewise extended and made applicable to all official mail-matter of the Smithsonian Institution: Provided, That any Department or officer authorized to use the penalty envelopes may inclose them with return address to any person or persons from or through whom official information is desired, the same to be used only to cover such official information, and indorsements relating thereto: Provided further, That any letter or packet to be registered by either of the Executive Departments, or Bureaus thereof, or by the Agricultural Department, or by the Public Printer, may be registered without the payment of any registry fee; and any part-paid letter or packet addressed to either

of said Departments or Bureaus may be delivered free; but where there is good reason to believe the omission to prepay the full postage thereon was intentional, such letter or packet shall be returned to the sender: Provided further, That this act shall not extend or apply to pension agents or other officers who receive a fixed allowance as compensation for their services, including expenses of postages. And section thirty-nine hundred and fifteen of the Revised Statutes of the United States, so far as the same relates to stamps and stamped envelopes for official purposes, is hereby repealed. (20 Stat. 362. 23 Stat. 158.)

See notes to section 7 of this act, ante, § 7302.

This section was amended by Act July 5, 1884, c. 234, § 3, cited above, by inserting, after the words "officers of the United States Government," the words "not including members of Congress," and by striking out, after said words, the words "and made applicable to all official mail-matter transmitted between any of the officers of the Government or between any such officer and either of the Executive Departments of the Government," and by inserting, after the provision relating to the Smithsonian Institution, the first two provisos, ending with the words "such letter or packet shall be returned to the sender," and by adding, at the end of the section as originally enacted, the provision repealing part of R. S. § 3915, as set forth here.

R. S. 3915, repealed in part by said provision added by amendment, is set forth post, § 7389.

Sections 5 and 6 of Act March 3, 1887, c. 103, mentioned in this section, are set forth ante, §§ 7369, 7370.

§ 7372. (Act Aug. 18, 1894, c. 301, § 1.) Official mail-matter of National Home for Disabled Volunteer Soldiers transmitted free.

That the provisions of the fifth and sixth sections of the Act entitled "An Act establishing post-routes, and for other purposes, approved March third, eighteen hundred and seventy-seven," for the transmission of official mail matter, be, and they are hereby, extended and made applicable to all official mail-matter of the National Home for Disabled Volunteer Soldiers. (28 Stat. 412.)

This was a provision following appropriations for the support of the National Home for Disabled Volunteer Soldiers in the sundry civil appropriation act for the fiscal year 1895, cited above.

Act March 3, 1877, c. 103, §§ 5, 6, mentioned in this section, are set forth ante, §§ 7369, 7370.

§ 7373. (Act Feb. 20, 1897, c. 268.) Official mail-matter of the Bureau of American Republics to be transmitted free. That the provisions of the fifth and sixth sections of the Act entitled "An Act establishing post routes, and for other purposes," approved March three, eighteen hundred and seventy-seven, for the transmission of official mail matter, be, and they are hereby, extended and made applicable to all official mail matter of the Bureau of the American Republics established in Washington by recommendation of the International American Conference, representing the International Union of American Republics. (29 Stat. 590.)

This was a provision following an appropriation for the Commercial Bureau of American Republics in the diplomatic and consular appropriation act for the fiscal year 1898, cited above.

Sections 5 and 6 of Act March 3, 1877, mentioned in this section, are set forth ante, §§ 7369, 7370.

§ 7374. (Act March 3, 1883, c. 128, § 2.) Penalty envelopes for answers to be inclosed in official communications to members of Congress, etc.

It shall be the duty of the respective departments to inclose to Senators, Representatives and Delegates in Congress, in all official communications requiring answers, or to be forwarded to others, penalty envelopes, addressed as far as practicable, for forwarding or answering such official correspondence. (22 Stat. 563.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1884, cited above.

A preceding provision of this section, omitted here, authorized the heads of Departments to make requisitions on the Postmaster-General for official postage stamps. It was superseded by Act March 3, 1879, c. 180, § 29, as amended by Act July 5, 1884, c. 234, § 3, ante, § 7371.

§ 7375. (Act Jan. 12, 1895, c. 23, § 65.) Free transmission by mail of official correspondence of Superintendent of Documents. All official correspondence of the Superintendent of Documents and all replies to the same shall be entitled to free transmission by mail; and he shall be entitled to frank public documents: Provided, That in the transmission of such mail matter envelopes, labels, or postal cards are used on which the name of the office and the penalty clause are printed. (28 Stat. 611.)

This section was part of the Printing and Binding Act of 1895, cited above. Other sections of said act are set forth or referred to ante, under Title XLV, "Public Printing, Advertisements, and Public Documents."

§ 7376. (Act July 2, 1909, c. 2, § 29.) Free transmission of official mail-matter relating to census; use of official indorsement to avoid payment of postage, etc., punishable; penalty.

All mail-matter, of whatever class, relating to the census and addressed to the Census Office, or to any official thereof, and indorsed "Official business, Census Office," shall be transmitted free of postage, and by registered mail if necessary, and so marked: Provided, That if any person shall make use of such indorsement to avoid the payment of postage or registry fee on his or her private letter, package, or other matter in the mail, the person so offending shall be guilty of a misdemeanor and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction. (36 Stat. 10.)

This section was part of the act providing for the taking of the Thirteenth and subsequent decennial censuses, cited above.

Other sections of the act are set forth or referred to ante, under Title XXXI, "The Census."

Previous provisions, substantially similar to those of this section, made by the act to provide for taking the Twelfth and subsequent censuses, Act March 3, 1899, c. 419, § 27, 30 Stat. 1021, were superseded by this section.

§ 7377. (Act March 3, 1875, c. 128, § 5.) Congressional Record, etc., under frank of members of Congress to be transmitted free.

From and after the passage of this act, the Congressional Record, or any part thereof, or speeches or reports therein contained, shall, under the frank of a member of Congress, or delegate, to be written

by himself, be carried in the mail free of postage, under such regulations as the Postmaster-General may prescribe. (18 Stat. 343.)

A further provision of this section, for franking public documents already printed or ordered to be printed, until December 1, 1875, is omitted, as temporary merely.

Provisions that the Public Printer should furnish envelopes for mailing the Congressional Record were made by the Printing and Binding Act of Jan. 12, 1895, c. 23, § 37, ante, § 6992.

§ 7378. (Act Jan. 12, 1895, c. 23, § 85.) Public documents sent and received by Vice-President, members of Congress, etc., to be transmitted free.

The Vice-President, Senators, Representatives, and Delegates in Congress, the Secretary of the Senate, and Clerk of the House of Representatives may send and receive through the mail all public documents printed by order of Congress; and the name of the Vice-President, Senator, Representative, Delegate, Secretary of the Senate, and Clerk of the House shall be written thereon, with the proper designation of the office he holds; and the provisions of this section shall apply to each of the persons named therein until the first day of December following the expiration of their respective terms of office. (28 Stat. 622.)

This section was part of the Printing and Binding Act of 1895, cited above. Other sections of said act are set forth or referred to ante, under Title XLV, "Public Printing, Advertisements, and Public Documents."

Further provisions of this section, following those set forth here, and giving to the Vice-President and Members, etc., of Congress, the privilege of frankiny any mail-matter to any Government official or to any person, correspondence not exceeding 1 ounce in weight upon official business, were superseded by Act June 13, 1898, c. 446, § 1, 30 Stat. 443, which was superseded by Act April 28, 1904, c. 1759, § 7, post, § 7379.

This section superseded Act March 3, 1877, c. 103, § 7, 19 Stat. 336, Act Dec. 15, 1877, c. 3, § 1, 20 Stat. 10, Act March 3, 1879, c. 180, § 1, 20 Stat. 355, and Act March 3, 1891, c. 547, § 3, 26 Stat. 1081.

§ 7379. (Act April 28, 1904, c. 1759, § 7.) Official correspondence of Vice-President, Members of Congress, etc., to be transmitted free; franks; limit of weight.

Hereafter the Vice-President, Members and Members-elect of and Delegates and Delegates-elect to Congress shall have the privilege of sending free through the mails, and under their frank, any mail matter to any Government official or to any person, correspondence, not exceeding four ounces in weight, upon official or departmental business. (33 Stat. 441.)

This section was part of the postal service appropriation act for the fiscal year 1905, cited above.

It superseded the provision relating to the same subject of Act June 13, 1898, c. 446, § 1, 30 Stat. 443.

Lending franks or permitting their use by or for any committee, organization, etc., was made unlawful by a provision of Act June 26, 1906, c. 3546, post, 7382.

§ 7380. (Act March 3, 1875, c. 128, § 7.) Seeds and reports from Department of Agriculture, mailed by members of Congress, etc., to be transmitted free.

Seeds transmitted by the [Commissioner of Agriculture], or

COMP.ST.'13-207

(3297)