No post office established at any county seat shall be abolished or discontinued by reason of any consolidation of post offices made by the Postmaster General, and any such post office at a county seat heretofore consolidated shall be established as a separate post office at such county seat. This provision shall not apply to the city of Cambridge, Massachusetts, or to Towson, Maryland, or to Clayton, Saint Louis County, Missouri. (June 9, 1896, ch. 386, 29 Stat. 313; Aug. 24, 1912, ch. 389, § 1, 37 Stat. 545.) § 4. Post offices to be kept open. Every postmaster shall keep an office in which one or more persons shall be on duty during such hours of each day as the Postmaster General may direct, for the purpose of receiving, delivering, making up, and forwarding all mail matter received thereat. (R. S. 3839.) DERIVATION Act June 8, 1872, ch. 335, § 68, 17 Stat. 293. CROSS REFERENCES Post offices required to be open on Sunday, see section 5 of this title. § 5. Sundays; first and second classes excepted. Post offices of the first and second classes shall not be open on Sundays for the purpose of delivering mail to the general public, but this provision shall not prevent the prompt delivery of special-delivery mail. (Aug. 24, 1912, ch. 389, § 1, 37 Stat. 543.) § 6. Making up mail. All letters brought to any post office half an hour before the time for the departure of the mail shall be forwarded therein; but at offices where, in the opinion of the Postmaster General, more time for making up the mail is required, he may prescribe accordingly, not exceeding one hour. (R. S. § 3840.) DERIVATION Act June 8, 1872, ch. 335, § 69, 17 Stat. 293. § 7. Arrival and departure of mail. The Postmaster General shall furnish to the postmasters at the termination of each route a schedule of the time of arrival and departure of the mail at their offices, respectively, to be posted in a conspicuous place in the office; and he shall also give them notice of any change in the arrival and departure that may be ordered; and he shall cause to be kept and forwarded to the Department, or designated field offices, such reports as he may consider necessary. (R. S. § 3841; Apr. 4, 1953, ch. 18, § 1, 67 Stat. 21.) DERIVATION Act June 8, 1872, ch. 335, § 70, 17 Stat. 293. AMENDMENTS 1953-Act Apr. 4, 1953, amended section to eliminate requirement that postmasters keep a detailed record of arrivals and departures of star routes and to substitute a requirement that reports need only be submitted when arrivals and departures deviate from schedules. § 8. Disposal of useless papers. The Postmaster General is authorized, subject to the provisions of sections 366-376 and 378-380 of Title 44, to sell as waste paper or otherwise dispose of the files of papers which have accumulated or may accumulate in post offices, that are not needed in the transaction of current business and have no permanent value or historical interest, and pay the proceeds of said sales into the Treasury as postal revenues. (May 11, 1906, ch. 2448, 34 Stat. 186; Oct. 25, 1951, ch. 562; § 4 (8), 65 Stat. 640.) AMENDMENTS 1951-Act Oct. 25, 1951, inserted ", subject to the of Title 44,". 89. Rewards for detection of post-office offenses. Rewards may be paid for information and services concerning violations of postal laws and regulations, current and prior fiscal years, in accordance with regulations of the Postmaster General in effect at the time the services are rendered or information furnished. (Pub. L. 85-354, title II, § 201, Mar. 28, 1958, 72 Stat. 65.) SIMILAR PROVISIONS The text of this section was taken from the TreasuryPost Office Appropriation Act, 1959. Similar provisions were contained in the following acts: 1957-May 27, 1957, Pub. L. 85-37, title II, § 201, 71 Stat. 39. 1956-Apr. 2, 1956, ch. 161, title II, § 201, 70 Stat. 96. 1955-June 1, 1955, ch. 113, title II, § 201, 69 Stat. 77. 1954-May 28, 1954, ch. 242, title II, § 200, 68 Stat. 148. 1953-June 18, 1953, ch. 132, title II, § 201, 67 Stat. 70. 1952-June 30, 1952, ch. 523, title II, § 201, 66 Stat. 292. 1951--Aug. 11, 1951, ch. 301, title II, § 201, 65 Stat. 187. 1950-Sept. 6, 1950, ch. 896, ch. IV, title II, § 201, 64 Stat. 640. 1949-June 30, 1949, ch. 286, title II, § 201, 63 Stat. 368. 1948 June 14, 1948, ch. 186, title II, § 201, 62 Stat. 229. 1947-July 1, 1947, ch. 186, title II, § 201, 61 Stat. 418. 1946 July 20, 1946, ch. 588, title II, § 201, 60 Stat. 581. 1945-Apr. 24, 1945, ch. 92, title II, § 201, 59 Stat. 69. 1944-Apr. 22, 1944, ch. 175, title II, § 201, 58 Stat. 209. 1943-June 30, 1943, ch. 179, title II, § 201, 57 Stat. 264. 1942-Mar. 10, 1942, ch. 178, title II, § 201, 56 Stat. 163. 1941-May 31, 1941, ch. 156, title II, § 201, 55 Stat. 229. 1940-Mar. 25, 1940, ch. 71, title II, § 201, 54 Stat. 72. 1939-May 6, 1939, ch. 115, § 1, title II, 53 Stat. 677. 1938 Mar. 28, 1938, ch. 55, § 1, 52 Stat. 142. 1937-May 14, 1937, ch. 180, title II, § 201, 50 Stat. 157. 1936-June 23, 1936, ch. 725, § 1, 49 Stat. 1848. 1935-May 14, 1935, ch. 110, § 1, 49 Stat. 237. 1934 Mar. 15, 1934, ch. 70, 48 Stat. 444. 1933-Mar. 3, 1933, ch. 212, 47 Stat. 1508. Jan. 26, 1927, ch. 58, § 1, 44 Stat. 1047. 1926-Mar. 2, 1926, ch. 43, § 1, 44 Stat. 156. 1925 Mar. 4, 1925, ch. 556, § 1, 43 Stat. 1337. Jan. 22, 1925, ch. 87, title II, § 201, 43 Stat. 784. 1924-Dec. 5, 1924, ch. 4, § 1, 43 Stat. 690. Apr. 4, 1924, ch. 84, title II, § 201, 43 Stat. 85. 1923-Feb. 14, 1923, ch. 79, § 1, 42 Stat. 1251. 1922-June 19, 1922, ch. 227, § 1, 42 Stat. 655. 1917-Mar. 3, 1917, ch. 162, § 1, 39 Stat. 1059. § 10. Premises leased for post offices. Whenever any building or part of a building under lease becomes unfit for use as a post office, no rent shall be paid until the same shall be put in a satisfactory condition by the owner thereof for occupation as a post office, or the lease may be canceled, at the option of the Postmaster General. (Mar. 3, 1885, ch. 342, § 1, 23 Stat. 386; June 19, 1922, ch. 227, § 1, 42 Stat. 656.) § 11. Rental of first-, second-, and third-class post offices. The Postmaster General may, in the disbursement of the appropriation for rent, light, and fuel for first-, second-, and third-class post offices, apply a part thereof to the purpose of leasing premises for the use of post offices of the first, second, and third classes at a reasonable annual rental, to be paid quarterly for a term not exceeding twenty years. (Apr. 24, 1920, ch. 161, § 1, 41 Stat. 578.) CROSS REFERENCES Monthly payment of rent for post office premises under lease, see section 12 of this title. § 11a. Rent, light, and fuel for third-class post offices. The Postmaster General may allow rent, light, and fuel at offices of the third class in the same manner as he is now authorized by law to do in the case of offices of the first and second class. (July 24, 1888, ch. 702, § 1, 25 Stat. 346.) § 12. Monthly payment of rental for post offices. The Postmaster General may make monthly payment of rental for post-office premises under lease. (Mar. 3, 1925, ch. 420, 43 Stat. 1105.) § 13. Restrictions on allowances for rent for thirdclass offices. The aggregate allowance for rent of third-class post offices made in any year shall not exceed the amount appropriated for such purpose. (July 24, 1888, ch. 702, § 1, 25 Stat. 346.) § 14. Rental of quarters without formal contract. The Postmaster General in his discretion may rent quarters for postal purposes without entering into a formal written contract in any case where the amount of the rental does not exceed $1,000 per an(June 3, 1926, ch. 455, 44 Stat. 688.) num. 67. 68. 69. 70. Deductions out of receipts. Postmasters as disbursing officers in Alaska. Conservation and transfer of accumulated leave due civil-service employees becoming postmasters. Reimbursement of postmaster for equipment upon discontinuance of post office. Same; appropriations; exception as to post offices of fourth class. § 31. Appointment and removal; tenure of office. Postmasters of the first-, second-, and thirdclasses shall be appointed and may be removed by the President by and with the advice and consent of the Senate, and shall hold their offices for four years unless sooner removed or suspended according to law; and postmasters of the fourth class shall be appointed and may be removed by the Postmaster General, by whom all appointments and removals shall be notified to General Accounting Office. (July 12, 1876, ch. 179, § 6, 19 Stat. 80; June 10, 1921, ch. 18, § 304, 42 Stat. 24.) REPEALS Section 4 of act June 25, 1938, ch. 678, 52 Stat. 1077, repealed all acts or parts of acts inconsistent with sections 31a, 31b, and 39a of this title. EXECUTIVE ORDER [No. 7421] PROCEDURE RELATING TO THE APPOINTMENT OF FIRST, SECOND, AND THIRD CLASS POSTMASTERS By virtue of and pursuant to the authority vested in me by Section 1753 of the Revised Statutes (U. S. C., title 5, sec. 631), by the Act of July 12, 1876 (U. S. C., title 39, sec. 31), and as President of the United States, it is hereby ordered that whenever a vacancy occurs in the position of postmaster in any office of the first, second, or third class as the result of (1) death, (2) resignation, (3) removal, or (4) expiration of term, the following procedure shall be observed, in accordance with the provisions of the Civil Service Act of January 16, 1883 (22 Stat. 403) [5 U. S. C. §§ 632, 633, 635, 637, 638, 640, 641, 642, and 40 U. S. C. § 42], and the rules and regulations made pursuant to the said Act, in so far as such provisions may be applicable: Sec. 1. (a) The Postmaster General may recommend to the President the appointment of the incumbent, or the appointment by promotion of a classified employee in the Postal Service in the vacancy office, provided either such incumbent or such classified employee is found eligible by the Civil Service Commission by noncompetitive examination; or (b) Upon request of the Postmaster General, the Civil Service Commission shall forthwith hold an open competitive examination to test the fitness of applicants to fill such vacancy and shall certify the results thereof to the Postmaster General, who shall thereupon submit to the President for appointment to fill the vacancy the name of the highest eligible unless it is established to the satisfaction of the Civil Service Commission that the character or residence of such eligible disqualifies him for appointment. This procedure shall be followed in all examinations announced by the Civil Service Commission subsequent to the date of this order. Sec. 2. No person may be admitted to the examinations provided for in Section 1 hereof unless he has been a bona fide patron of the office for which a postmaster is to be appointed, for at least one year immediately preceding the time fixed for the close of receipt of applications. Sec. 3. No person who has passed his sixty-seventh birthday shall be appointed acting postmaster in any office of the first, second, or third class unless he is already in the Postal Service, nor shall any such person, except as provided in Section 4 hereof, be admitted to any examination which may be held for any such office under the provisions of Section 1. Sec. 4. In all examinations held under the provisions of Section 1 hereof, the age limit prescribed in Section 3 shall be waived as to candidates who are entitled to military preference as a result of service in the World War, the Spanish-American War, or the Philippine insurrection, and in rating the examination papers of such candidates the Civil Service Commission shall add five points to their earned ratings and make certification to the Postmaster General in accordance with their relative positions thus acquired. The time such candidates were in the service during such wars may be reckoned by the commission in making up the required length of business experience. Sec. 5. This order supersedes all prior Executive orders affecting or relating to the appointment of postmaster to post offices of the first, second, and third classes. Promulgated July 20, 1936, 1 F. R. 1017DI, 874 BV. § 31a. Same; application of civil service; incumbents. Postmasters of the first, second, and third classes shall hereafter be appointed in the classified service without term by the President by and with the advice and consent of the Senate: Provided, That postmasters of the fourth class, appointed in the classified civil service, whose offices advance to a higher class, and postmasters of other classes, appointed in the classified civil service, whose offices are relegated to the fourth class, shall continue to serve under their original appointment until a vacancy occurs by reason of death, resignation, retirement, or removal, in which event the appointment shall be made as provided in section 31b of this title. (June 25, 1938, ch. 678, § 1, 52 Stat. 1076; Mar. 29, 1949, ch. 39, 63 Stat. 17.) AMENDMENTS 1949-Act Mar. 29, 1949, amended section to eliminate the necessity of reappointment in the case of postmasters whose post offices advance from fourth class to a higher class or where post offices of a higher class are relegated to fourth class. REPEALS Section 4 of act June 25, 1938, repealed all acts inconsistent with this section. § 31b. Same; appointments to first-, second-, and thirdclass post offices; residence. Appointments to positions of postmaster at first-, second-, and third-class post offices shall be made by the reappointment and classification, non-competitively, of the incumbent postmaster, or by promotion from within the Postal Service in accordance with the provisions of the Civil Service Act and Rules, or by competitive examination, in accordance with the provisions of the Civil Service Act and Rules. No person shall be eligible for appointment under this section unless such person has actually resided within the delivery of the office to which he is appointed, or within the city or town where the same is situated for one year next preceding the date of such appointment, if the appointment is made without competitive examination; or for one year preceding the date fixed for the close of receipt of applications for examination, if the appointment is made after competitive examination: Provided, That residence within the delivery of the post office or within the city or town where the same is situated shall be essential to the examination, appointment, reappointment, or promotion of applicants for postmaster at offices unless the Civil Service Commission finds that peculiar local conditions preclude or render impossible the application of such requirements. In such cases the Commission may examine and certify for appointment, reappointment, or promotion persons who reside in such area adjacent to, or surrounding, the delivery zone of the post office as may be fixed by the Civil Service Commission. (June 25, 1938, ch. 678, § 2, 52 Stat. 1076; July 18, 1941, ch. 308, 55 Stat. 599.) REFERENCES IN TEXT The Civil Service Act, referred to in the text, refers to the act of Jan. 15, 1883, ch. 27, §§ 1-15, 22 Stat. 403, and is classified to sections 632, 633, 635, 637, 638, 640, 641, and 642 of Title 5, Executive Departments and Government Officers and Employees and section 42 of Title 40, Public Buildings, Property and Works. AMENDMENTS 1941-Proviso added by act July 18, 1941. REPEALS Section 4 of act June 25, 1938, repealed all acts inconsistent with this section. TRANSFER OF FUNCTIONS All executive and administrative functions of the Civil Service Commission were transferred to the Chairman of the Civil Service Commission by 1949 Reorg. Plan No. 5, eff. Aug. 20, 1949, 14 F. R. 5227, 63 Stat. 1067. See note set out under section 632 of Title 5, Executive Departments and Government Officers and Employees. § 31c. Same; appointment on advancement of fourth class to third class post office; reappointment. No postmaster at an office of the fourth class shall be required, in the event such office is advanced to the third class, to pass any competitive or noncompetitive examination as a condition to appointment or service as postmaster at the office so advanced; and no postmaster at an office of the third class shall be required, in the event such office is relegated to the fourth class, to pass any competitive or noncompetitive examination as a condition to appointment or service as postmaster at the office so relegated; and any postmaster or acting postmaster of the fourth or third class who has passed a civil-service examination at any time and has given service satisfactory to the Department may be reappointed without further civil-service examination. (May 20, 1944, ch. 200, 58 Stat. 224.) § 31d. Appointment for fourth-class post offices in Alaska. Notwithstanding any other provision of law, any officer, agent, or employee of the United States Government, who is a citizen of the United States, shall be eligible to appointment as postmaster of a fourthclass post office in the Territory of Alaska and may serve and act as such postmaster and receive the compensation provided by law for such services. (Oct. 16, 1945, ch. 416, 59 Stat. 544.) § 32. Residence. Every postmaster shall reside within the delivery of the office to which he is appointed or within the town or city where the same is situated. (Apr. 28, 1904, ch. 1759, § 8, 33 Stat. 441.) § 33. Oaths to expense accounts. Postmasters and assistant postmasters are required, empowered, and authorized, when requested, to administer oaths, required by law or otherwise, to accounts for travel or other expenses against the United States, with like force and effect as officers having a seal; for such services when so rendered, or when rendered on demand by notaries public, who at the time are also salaried officers or employees of the United States, no charge shall be made; and no fee or money paid for the services herein described shall be paid or reimbursed by the United States. (Aug. 24, 1912, ch. 355, § 8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat, 810.) CODIFICATION Section, insofar as it relates to administration of oaths to expense accounts by other officers, is also classified to sections 93a and 97 of Title 5, Executive Departments and Government Officers and Employees, section 454 of Title 16, Conservation, section 50 of Title 19, Customs Duties, and section 34 of Title 25, Indians. § 34. Bond. Every postmaster, before entering upon the duties of his office, shall give bond, with good and approved security, and in such penalty as the Postmaster General shall deem sufficient, conditioned for the faithful discharge of all duties and trusts imposed on him either by law or the rules and regulations of the department. On the death, resignation, or removal of a postmaster, his bond shall be delivered to the General Accounting Office. The bond of any married woman who may be appointed postmaster shall be binding upon her and her sureties, and she shall be liable for misconduct in office as if she were sole. (R. S. §3834; July 31, 1894, ch. 174, § 3, 28 Stat. 205; Mar. 1, 1909, ch. 232, 35 Stat. 670; June 10, 1921, ch. 18, § 304, 42 Stat. 24.) DERIVATION Act June 8, 1872, ch. 335, § 65, 17 Stat. 293. § 35. Approval of bonds. The bonds of all postmasters may by the direction of the Postmaster General be approved and accepted, and the approval and acceptance signed by the First Assistant Postmaster General or by the Fourth Assistant Postmaster General in the name of the Postmaster General. (Mar. 3, 1877, ch. 103, § 2, 19 Stat. 335; Dec. 21, 1893, ch. 6, 28 Stat. 21.) TRANSFER OF FUNCTIONS The offices of the First, Second, Third and Fourth Assistant Postmasters General were abolished and functions transferred to the Postmaster General by 1949 Reorg. Plan No. 3, §§ 1 (a), 5 (b), eff. Aug. 20, 1949, 14 F. R. 5225, 63 Stat. 1066. See note set out under section 369 of Title 5, Executive Departments and Government Officers and Employees. § 36. New bonds; application of payments. Whenever any postmaster is required to execute a new bond, all payments made by him after the execution of such new bond, may, if the Postmaster General or the Comptroller General deem it just, be applied first to discharge any balance which may be due from such postmaster under his old bond. (R. S. §3835; June 10, 1921, ch. 18, § 304, 42 Stat. 24.) DERIVATION Act June 8, 1872, ch. 335, § 60, 17 Stat. 292. § 37. Deficiency in accounts; notice to sureties. When a deficiency shall be discovered in the accounts of any postmaster, who after the adjustment of his accounts fails, to make good such deficiency, it shall be the duty of the General Accounting Office to notify the Postmaster General of such failure, and upon receiving such notice the Postmaster General shall forthwith deposit a notice in the post office at Washington, District of Columbia, addressed to the sureties respectively upon the bonds of said postmaster, at the office where he or they may reside, if known; but a failure to give or mail such notice shall not discharge such surety or sureties upon such bond. (R. S. § 3835; Feb. 4, 1879, ch. 45, 20 Stat. 281; June 10, 1921, ch. 18, § 304, 42 Stat. 24.) DERIVATION Act June 8, 1872, ch. 335, § 60, 17 Stat. 292. § 38. Vacancies; appointment of successors; period of liability on bonds; temporary appointments. Whenever the office of any postmaster becomes vacant, the Postmaster General or the President shall supply such vacancy without delay, and the Postmaster General shall promptly notify the General Accounting Office of the change; and every postmaster and his sureties shall be responsible under their bond for the safekeeping of the public prop erty of the post office, and the due performance of the duties thereof, until the expiration of the commission, or until a successor has been duly appointed and qualified, and has taken possession of the office; except that in cases where there is a delay of sixty days in supplying a vacancy, the sureties may terminate their responsibility by giving notice, in writing, to the Postmaster General, such termination to take effect ten days after sufficient time shall have elapsed to receive a reply from the Postmaster General; and the Postmaster General may, when the exigencies of the service require, place such office in charge of a special agent until the vacancy can be regularly filled; and when such special agent shall have taken charge of such post office, the liability of the sureties of the postmaster shall cease. (R. S. § 3836; Mar. 1, 1921, ch. 88, § 1, 41 Stat. 1151; June 10, 1921, ch. 18, § 304, 42 Stat. 24.) DERIVATION Act June 8, 1872, ch. 335, § 28, 17 Stat. 289. CROSS REFERENCES Temporary postmasters to be appointed where office becomes vacant through death, resignation or removal, pending appointment of regular postmaster, see section 39 of this title. § 39. Vacancies through death, resignation, or removal; ad interim appointments; bond of appointee and liability thereunder; regular appointments when made. Whenever the office of a postmaster becomes vacant through death, resignation, or removal, the Postmaster General shall designate some person to act as postmaster until a regular appointment can be made by the President in case the office is in the first, second, or third class, and by the Postmaster General when the office is in the fourth class; and the Postmaster General shall notify the General Accounting Office of the change. The postmaster so appointed shall be responsible under his bond for the safekeeping of the public property pertaining to the post office and the performance of the duties of his office until a regular postmaster has been duly appointed and qualified and has taken possession of the office. Whenever a vacancy occurs from any cause the appointment of the regular postmaster shall be made without unnecessary delay. A person who, upon the occurrence of a vacancy and pending the appointment of a postmaster or the designation of an acting postmaster, assumes and properly performs the duties of postmaster at any third- or fourth-class post office shall be allowed compensation as postmaster for the period of such service: Provided, That the Comptroller General of the United States, in the settlement and adjustment of accounts and claims for compensation for service heretofore rendered, but subsequent to June 30, 1930, is authorized and directed to allow compensation as postmaster for service rendered under the circumstances and conditions hereinbefore prescribed. (Mar. 1, 1921, ch. 88, § 1, 41 Stat. 1151; June 10, 1921, ch. 18, § 304, 42 Stat. 24; Apr. 22, 1937, ch. 122, 50 Stat. 71.) AMENDMENTS 1937-Act Apr. 22, 1937, amended section by adding provision relating to compensation for interim service and proviso relating to payment for service rendered since June 1930. |