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Act to Reduce the Rate of Postage, &c.

directed, and unsealed, shall be charged son whatsoever the right or privilege to re

with postage at the rate of two cents for each sheet, and no more, whatever be the distance the same may be sent; and all pamphlets, magazines, periodicals, and every other kind and description of printed or other matter, (except newspapers,) which shall be unconnected with any manuscript communications whatever, and which it is or may be lawful to transmit by the mail of the United States, shall be charged with postage at the rate of two and a half cents for each copy sent, of no greater weight

ceive and transmit through the mail, free of postage, letters, packets, newspapers, periodicals, or other matters, be, and the same are hereby utterly abrogated and repealed.

§ 6. And be it further enacted, That from and after the passage of this act, all officers of the government of the United States, heretofore having the franking privilege, shall be authorized and required to keep an account of all postage charged to and payable by them, respectively, upon letters,

than one ounce, and one cent additional packages, or other matters received through shall be charged for each additional ounce the mail, touching the duties or business of the weight of every such pamphlet, mag- of their respective offices; and said acazine, matter, or thing, which may be trans-counts for postage, upon being duly verimitted through the mail, whatever be the fied by the said officers, respectively, shall distance the same may be transported; and be allowed and paid quarter yearly, out of any fractional excess of not less than one the contingent fund of the bureau or de

half of an ounce, in the weight of any such matter or thing, above one or more ounces, shall be charged for as if said excess amounted to a full ounce.

§ 4. And be it further enacted, That the postmaster general be, and he is hereby authorized, upon all mail routes over or upon which the amount of matter usually transported, or which may be offered or deposited in the post office or post offices for transportation, is or may become so great as to threaten materially to retard the progress or endanger the security of the letter mail, or to cause any considerable argumentation of the cost of transporting the whole mail at the present rate of speed, to provide for the separate and more secure conveyance of the letter mail, at a speed at least equal to that at which the mail is now transported over such route, taking care to allow in no case of any greater delay in the transportation of the other matters and things to be transported in the mail on any such route than may appear absolutely necessar necessary, regard being had to cost of expediting its transportation, and the means at his disposal or under his control for effecting the same.

partment to which the officers aforesaid may respectively belong or be attached. And the three assistant postmasters general shall be entitled to have remitted by the postmaster in Washington all postage charged upon letters, packages or orther matter, received by them respectively through the mail, touching the business of the post office department, or the particular branch of that business committed to them, respectively; and each of the said assistant postmasters general shall be, and hereby is, authorized to transmit through the mail, authorized t free of postage, any letters, packages, or other matter relating exclusively to his official duties, or to the business of the post office department; but he shall, in every such case, endorse on the back of the letter or package so as to be sent free of postage, over his own signature, the words " official business." And for any such endorsement falsely made, the person so offending shall forfeit and pay three hundred dollars. And the several deputy postmasters throughout the United States shall be authorized to charge, and have allowed to them in the settlement of their accounts with the post office department, all postage which they § 5. And be it further enacted, That the may have paid or had charged to them, twenty-seventh section of the act of con- respectively, for letters, packages, or other gress entitled "An Act to reduce into one matters received by them on the business the several Acts for establishing and regu- of their respective offices or of the post oflating the Post Office Department," ap- fice department, upon a verification on oath proved and signed the third day of March, of their accounts for the same, and the in the year one thousand eight hundred and transmission of the charged letters as twenty-five, and all other acts and parts of vouchers; and the said several deputy acts granting and conferring upon any per- postmasters shall be, and hereby are, au

Act to Reduce the Rate of Postate, &c.

thorized to send through the mail, free of secretary of the senate, and the clerk of the

postage, all letters and packages which it house of representatives may, during each may be their duty, or they may have oc- session of congress, and for a period of casion, to transmit to any person or place, thirty days before the commencement and and which shall relate exclusively to the thirty days after the end of each and every business of their respective offices, or to session of Congress, receive through the the business of the post office department; mail, free of postage, any letter, newspaper, but in every such case, the deputy post- or packet, not exceeding two ounces in master sending any such letter or package weight; and all postage charged upon any shall endorse thereon, over his own signa- letters, packages, petitions, memorials, or ture, the words "post office business." other matters or things received during any And for any and every such endorsement session of congress, by any senator, memfalsely made, the person making the same ber, or delegate of the house of representashall forfeit and pay three hundred dollars. tives, touching his official or legislative

duties, by reason of any excess of weight above two ounces, of the matter or thing so received, shall be paid out of the contingent fund of the house of which the person receiving the same may be a member. And they shall have the right to frank written letters from themselves during the whole year, as now authorized by law.

And when the commissions of any postmaster amount to less than twety-five dollars per annum, it shall be lawful for the postmaster general to increase the rate of his commissions, provided that they do not exceed fifty per cent. on letter postage accruing at such office; and the postmaster general is hereby required to cause accounts to be kept of the postage that would be chargeable at the rates prescribed in this act upon all matter passing free through the mail according to the provisions of this act; and the sums thus chargeable shall be paid to the post office depart- for the conveyance or transportation, by

ment from the contingent funds of the two houses of congress and of the other departments of the government for which such mail service may have been performed, and where there is no such fund, that they be paid out of the treasury of the United States.

§ 9. And be it further enacted, That it shall not be lawful for any person or persons to establish any private express or expresses, for the conveyance, nor in any manner cause to be conveyed, or provide

regular trips, or at stated periods or intervals, from one city, town, or other place, to any other city, town, or place in the United States, between and from and to which cities, towns, or places, the United States mail is regularly transported, under the authority of the post office department, of any letters, packets, or packages of letters, or other matter properly transmittable in the United States mail, except newspapers, magazines, and periodicals; and each and every person offending against this provision, or aiding or assisting therein, or acting as such private express, shall,

§ 7. And be it further enacted, That the act of congress entitled, " An act authorizing the governors of the several states to transmit by mail certain books and documents," approved June the thirtieth, one thousand eight hundred and thirty-four, shall remain and continue in full force, any thing hereinbefore to the contrary notwith- for each time any letter or letters, packet

standing; and the members of congress, the delegates from territories, the secretary of the senate, and the clerk of the house of representatives, shall be, and they are hereby, authorized to transmit, free of postage, to any post office within the United States, or the territories thereof, any documents which have been or may be printed by order of either house of congress, anything in this law to the contrary notwithstanding.

§ 8. And be it further enacted, That each member of the senate, each member of the house of representatives, and each delegate from a territory of the United States, the

or packages, or other matter properly transmittable by mail, except newspapers, pamphlets, magazines, and periodicals, shall or may be, by him, her, or them, or through his, her, or their means or instrumentality, in whole or in part, conveyed or transported, contrary to the true intent, spirit, and meaning of this section, forfeit and pay the sum of one hundred and fifty dollars.

§ 10. And be it further enacted, That it shall not be lawful for any stage coach, railroad car, steamboat, packet boat, or other vehicle or vessel, nor any of the owners, managers, servants, or crews of

Act to Reduce the Rate of Postage, &c.

either, which regularly performs trips at tendered or received therefor in any way, stated periods on a post route, or between or by a special messenger employed only

two or more cities, towns or other places, from one to the other of which the United States mail is regularly conveyed under the authority of the post office department to transport or convey, otherwise than in the

for the single particular occasion.

§ 12. And be it further enacted, That all persons whatsoever who shall, after the passage of this act, transmit by any private express, or other means by this act de

mail, any letter or letters, packet or pack-clared to be unlawful, any letter or letters, ages of letters, or other mailable matter package or packages, or other mailable whatsoever, except such as may have re- matter, excepting newspapers, pamphlets, lation to some part of the cargo of such magazines, and periodicals, or who shall steamboat, packet boat, or other vessel, or place or cause to be deposited at any apto some article at the same time conveyed pointed place, for the purpose of being by the same stage coach, railroad car, or transported by such unlawful means, any other vehicle, and excepting also, news- matter or thing properly transmittable, by papers, pamphlets, magazines, and periodi- mail, excepting newspapers, pamphlets, cals; and for every such offence the owner magazines, and periodicals, or who shall or owners of the stage coach, railroad car, deliver any such matter, excepting news

steamboat, packet boat, or other vehicle or vessel, shall forfeit and pay the sum of one hundred dollars; and the driver, captain, conductor, or person having charge of any such stage coach, railroad car, steamboat, packet boat, or other vehicle, or vessel, at the time of the commission of any such offence, and who shall not at that time be the owner thereof, in whole nor in part, shall, in like manner, forfeit and pay, in every such case of offence, the sum of fifty dollars.

§ 11. And be it further enacted, That the owner or owners of every stage coach, railroad car, steamboat, or vehicle or vessel, which shall, with the knowledge of any owner or owners, in whole or in part, or with the knowledge or connivance of the driver, conductor, captain, or other person having charge of any such stage coach, railroad car, steamboat, or other vessel or vehicle, convey or transport any person or persons acting or employed as a private express for the conveyance of letters,

papers, pamphlets, magazines, and periodicals for transmission to any agent or agents of such unlawful expresses, shall, for each and every offence, forfeit and pay the sum of fifty dollars.

§ 13. And be it further enacted, That nothing in this act contained shall have the effect, or be construed, to prohibit the conveyance or transportation of letters by steamboats, as authorized by the sixth section of the act entitled "An act to reduce into one the several acts for establishing and regulating the post office department, approved the third of March, one thousand eight hundred and twenty-five." Provided, That the requirements of said act be strictly complied with, by the delivery, within the time specified by said act, of all letters so conveyed, not relating to the cargo, or some part thereof, to the postmaster or other authorized agent of the post office department at the port or place to which said letters may be directed, or intended to be delivered over from said boat; and the

packets, or packages of letters, or other postmaster or other agent of the post office

mailable matter, and actually in possession of such mailable matter, for the purpose of transportation, contrary to the spirit, true intent, and meaning of the preceding sections of this law, shall be subject to the like fines and penalties as are hereinbefore

department shall charge and collect upon all letters or other mailable matter, so delivered to him, except newspapers, pamphlets, magazines, and periodicals, the same rates of postage as would have been charged upon said letters had they been transmitted hundred and twenty-five. And no postmaster shall receive, to be conveyed by the mail, any packet which shall weigh more than three pounds.

provided and directed in the case of per- by mail from the port or place at which sons acting as such private expresses, and they were placed on board the steamboat of persons employing the same; but noth- from which they were received; but it is ing in this act contained shall be construed hereby expressly provided, that all the to prohibit the conveyance or transmission pains and penalties provided by this act, of letters, packets, or packages, or other for any violation of the provisions of the matter, to any part of the United States, eleventh section of this act, shall attach in by private hands, no compensation being every case to any steamboat, or to the

Act to Reduce the Rate of Postage, &c.

owners and persons having charge thereof, route, or any road or way parallel thereto, the captain or other person having charge any books, magazines, or pamphlets, or of which shall not, as aforesaid, comply newspapers, not marked, directed, or inwith the requirements of the sixth section tended for immediate distribution to subof the said law of one thousand eight scribers or others, but intended for sale as

§ 14. And be it further enacted, That the postmaster general shall have power, and he is hereby authorized to contract with the owners or commanders of any steamboat plying upon the western or other waters of the United States, for the transportation of the mail for any length of time or number of trips, less than the time for which contracts for transporting the mail of the United States are now usually made under existing laws, and without the previous advertisements now required before entering into such contracts, whenever in his opinion the public interest and convenience will be promoted thereby: Provided, That the price to be paid for such service shall in no case be greater than the average rate paid for such service under the last preceding or then existing regular contract for transporting the mail upon the route he may so for a less time contract for the transportation of the mail upon.

§ 15. And be it further enacted, That "mailable matter," and "matter properly transmittable by mail," shall be deemed and taken to mean, all letters and newspapers, and all magazines and pamphlets periodically published, or which may be published in regular series or in successive numbers, under the same title, though at irregular intervals, and all other written or printed matter whereof each copy or number shall not exceed eight ounces in weight, except bank notes, sent in packages or bundles, without written letters accompanying them; but bound books, of any size, shall not be held to be included within the meaning of these terms. And any packet or packets, of whatever size or weight, being made up of any such mailable matter, shall subject all persons concerned in transporting the same to all the penalties of this law, equally as if it or they were not so made up into a packet or packages. But nothing in this act contained shall be so construed as to prohibit any person whatever from transporting, or causing to be transported, over any mail

merchandise, and transported in the usual mode of transporting merchandise over the particular route used, and sent or consigned to some bona fide dealer or agent for the sale thereof; nor shall anything herein be construed to interfere with the right of any traveller to have and take with him or her for his or her own use, any book, pamphlet, magazine, or newspaper.

§ 16. And be it further enacted, That the term "newspaper," hereinbefore used, shall be, and the same is hereby defined to be, any printed publication, issued in numbers, consisting of not more than two sheets, and published at short intervals of not more than one month, conveying intelligence of passing events, and bona fide extras and supplements of any such publication. And nothing herein contained shall be so construed as to prevent the free exchange of newspapers between the publishers thereof, as provided for under the twenty-ninth section of the act entitled "An Act to reduce into one the several acts for establishing and regulating the Post Office Department, approved the third day of March, one thousand eight hundred and twentyfive."

§ 17. And be it further enacted, That all pecuniary penalties and forfeitures, incurred under this act, shall be one-half for the use of the person or persons informing and prosecuting for the same, and the other half to the use of the United States, and shall be paid over to the postmaster general, and accounted for by him as other moneys of the department; and all causes of action arising under this act may be sued, and all offenders against this act may be prosecuted, before the justices of the peace, magistrates, or other judicial courts of the several states and of the several territories of the United States, they having competent jurisdiction, by the laws of such states or territories, to the trial of claims and demands of as great value, and of the prosecutions, where the punishment are of as great extent; and such justices, magistrates, or judiciary, shall take cognizance thereof, and proceed to judgment and execution, as in other cases.

§ 18. And be it further enacted, That it

Act to Reduce the Rate of Postage, &c.

shall be the duty of the postmaster general able to conclude a contract for carrying the in all future lettings of contracts for the mail on any of such railroad routes, at a transportation of the mail, to let the same, compensation not exceeding the aforesaid in every case, to the lowest bidder, tender- maximum rates, or for what he may deem ing sufficient guarrantees for faithful per- a reasonable and fair compensation for the formance, without other reference to the service to be performed, it shall be lawful mode of such transportation than may be for him to separate the letter mail from the necessary to provide for the due celerity, residue of the mail, and to contract, either cer ainty, and security of such transporta- with or without advertising, for conveying tion; nor shall any new contractor hereaf- the letter mail over such route, by horse ter be required to purchase out, or take at express or otherwise, at the greatest speed valuation, the stock or vehicles of any pre- that can reasonably be obtained; and also vious contractor for the same route. And to contract for carrying over such route

all advertisements made under the orders of the postmaster general, in a newspaper or newspapers, of letters uncalled for in any post office, shall be inserted in the paper or papers, of the town or place where the office advertising may be situated, having the largest circulation, provided the

the residue of the mail, in wagons or otherwise, at a slower rate of speed: Provided, That if one-half of the service, on any railroad, is required to be performed in the night season, it shall be lawful for the postmaster general to pay twenty-five per cent. in addition to the aforesaid maximum rates

editor or editors of such paper or papers of allowance: And provided further, That shall agree to insert the same for a price if it shall be found necessary to convey not greater than that now fixed by law; over any railroad route more than two

and in case of question or dispute as to the amount of the circulation of any papers, the editors of which may desire this advertising, it shall be the duty of the postmaster to receive evidence and decide upon the fact.

mails daily, it shall be lawful for the postmaster general to pay such additional compensation as he may think just and reasonable, having reference to the service performed and the maximum rate of allowance established by this act.

§ 19. And be it further enacted, That to § 20. And be it further enacted, That all insure, as far as may be practicable, an causes of action arising under this act may equal and just rate of compensation, ac- be sued, and all offenders against this act cording to the service performed, among may be prosecuted before any circuit or the several railroad companies in the United district court of the United States, or of States, for the transportation of the mail, the district of Columbia, or of the territory it shall be the duty of the postmaster of the United States.

general to arrange and divide the railroad § 21. And be it further enacted, That for

the purpose of guarding against the possibility of any embarrassment in the operations of the post office department, consequent upon any deficiency of the revenues

routes, including those in which the service is partly by railroad and partly by steamboats, into three classes, according to the size of the mails, the speed with which they are conveyed, and the import- of said department which may be occasionance of the service; and it shall be lawful ed by the reduction of the rates of postage for him to contract for conveying the mail by this act made, there be, and hereby is, with any such railroad company, either appropriated the sum of seven hundred and with or without advertising for such con- fifty thousand dollars, to be paid out of any tract: Provided, That for the conveyance money in the treasury not otherwise apof the mail on any railroad of the first class, propriated, and to be placed to the credit he shall not pay a higher rate of compen- of the post office department in the treasation than is now allowed by law; nor for sury of the United States, to be applied, carrying the mail on any railroad of the se- under the direction of the postmaster gencond class, a greater compensation than eral, to supplying any deficiency in the one hundred dollars per mile per annum, nor for carrying the mail on any railroad of the third class, a greater compensation than fifty dollars per mile per annum And in case the postmaster general shall not be

regular revenues from postage, in the same manner as the revenues of said department are now by law applied.

§ 22. And be it further enacted, That in case the amount of postage collected from

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