A-22652, NOVEMBER 22, 1929, 9 COMP. GEN. 216

A-22652: Nov 22, 1929

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COMPENSATION - FORFEITURES - MAIL MESSENGERS A MAIL MESSENGER WHO STEALS MAIL INTRUSTED TO HIM FOR CARRIAGE IS NOT ENTITLED TO COMPENSATION ACCRUED BUT NOT PAID AT THE TIME HIS CONTRACT IS TERMINATED BY THE POST OFFICE DEPARTMENT BECAUSE OF SUCH OFFENSE. 1929: I HAVE YOUR LETTER OF NOVEMBER 8. WHOSE COMPENSATION FOR HIS SERVICES IN CARRYING THE MAIL IS FIXED BY A CONTRACT CONSISTING OF PROPOSAL TO CARRY THE MAIL FOR A CERTAIN SUM AND THE ACCEPTANCE OF SAID PROPOSAL. FORFEITS HIS RIGHT TO COMPENSATION EARNED BUT NOT PAID AT THE DATE HIS SERVICES ARE TERMINATED BY THE DEPARTMENT BECAUSE HE STOLE MAIL MATTER IN HIS CHARGE AS MAIL MESSENGER. YOU STATE THAT A MAIL MESSENGER IS REQUIRED TO TAKE THE OATH OF OFFICE PRESCRIBED BY SECTION 32.

A-22652, NOVEMBER 22, 1929, 9 COMP. GEN. 216

COMPENSATION - FORFEITURES - MAIL MESSENGERS A MAIL MESSENGER WHO STEALS MAIL INTRUSTED TO HIM FOR CARRIAGE IS NOT ENTITLED TO COMPENSATION ACCRUED BUT NOT PAID AT THE TIME HIS CONTRACT IS TERMINATED BY THE POST OFFICE DEPARTMENT BECAUSE OF SUCH OFFENSE.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, NOVEMBER 22, 1929:

I HAVE YOUR LETTER OF NOVEMBER 8, 1929, REQUESTING DECISION WHETHER A MAIL MESSENGER, WHOSE COMPENSATION FOR HIS SERVICES IN CARRYING THE MAIL IS FIXED BY A CONTRACT CONSISTING OF PROPOSAL TO CARRY THE MAIL FOR A CERTAIN SUM AND THE ACCEPTANCE OF SAID PROPOSAL, FORFEITS HIS RIGHT TO COMPENSATION EARNED BUT NOT PAID AT THE DATE HIS SERVICES ARE TERMINATED BY THE DEPARTMENT BECAUSE HE STOLE MAIL MATTER IN HIS CHARGE AS MAIL MESSENGER.

YOU STATE THAT A MAIL MESSENGER IS REQUIRED TO TAKE THE OATH OF OFFICE PRESCRIBED BY SECTION 32, POSTAL LAWS AND REGULATIONS, IN WHICH HE SWEARS OR AFFIRMS THAT HE WILL CAREFULLY PERFORM ALL OF THE DUTIES REQUIRED OF HIM AND ABSTAIN FROM EVERYTHING FORBIDDEN BY THE LAWS IN RELATION TO THE ESTABLISHMENT OF POST OFFICES AND POST ROADS IN THE UNITED STATES, ETC.

IT IS CLEAR THAT THE STEALING BY A MAIL MESSENGER OF MAIL INTRUSTED TO HIM FOR CARRIAGE WOULD BE AN OFFENSE DIRECTLY CONNECTED WITH HIS EMPLOYMENT AND A VIOLATION OF HIS OATH OF OFFICE AND A BREACH OF HIS CONTRACT OF EMPLOYMENT. AS A MAIL MESSENGER'S COMPENSATION IS FIXED BY THE CONTRACT AT A STIPULATED RATE PER ANNUM, NO VALID DISTINCTION CAN BE DRAWN BETWEEN SUCH A CASE AND THAT OF A POSTAL EMPLOYEE WHOSE COMPENSATION FOR HIS SERVICES IS FIXED BY LAW OR REGULATION RATHER THAN BY CONTRACT.

YOU ARE ADVISED THAT A MAIL MESSENGER WHO STEALS MAIL INTRUSTED TO HIM FOR CARRIAGE IS NOT ENTITLED TO COMPENSATION ACCRUED BUT NOT PAID AT THE TIME HIS SERVICES ARE TERMINATED FOR SUCH OFFENSE. SEE 7 COMP. GEN. 757.