A-21249, JANUARY 26, 1928, 7 COMP. GEN. 447

A-21249: Jan 26, 1928

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APPOINTMENTS - OFFICERS - AFFIDAVITS RURAL MAIL CARRIERS ARE CIVIL OFFICERS OF THE UNITED STATES WITHIN THE MEANING OF SECTION 1 OF THE ACT OF DECEMBER 11. 1928: I HAVE YOUR LETTER OF JANUARY 11. IT IS REQUIRED THAT A CERTAIN AFFIDAVIT BE FILED BY EVERY NEWLY APPOINTED OFFICER OF THE GOVERNMENT BEFORE A DISBURSING OFFICER MAY MAKE ANY SALARY PAYMENTS TO HIM. IT IS NOT CLEAR WHETHER IT IS YOUR VIEW THAT EMPLOYEES SUCH AS RURAL CARRIERS ARE "OFFICER" WITHIN THE PURVIEW OF THIS ACT. IN A SPECIFIC CASE NOW BEFORE THE DEPARTMENT FOR CONSIDERATION THE QUESTION HAS BEEN RAISED WHETHER A RURAL CARRIER IS AN OFFICER OF THE GOVERNMENT WITHIN THE MEANING OF THE ACT OF DECEMBER 11. RURAL CARRIERS ARE APPOINTED BY THE POSTMASTER GENERAL.

A-21249, JANUARY 26, 1928, 7 COMP. GEN. 447

APPOINTMENTS - OFFICERS - AFFIDAVITS RURAL MAIL CARRIERS ARE CIVIL OFFICERS OF THE UNITED STATES WITHIN THE MEANING OF SECTION 1 OF THE ACT OF DECEMBER 11, 1926, 44 STAT. 918, AS AMENDED BY JOINT RESOLUTION OF MARCH 2, 1927, 44 STAT. 1346, AND MUST FILE THE AFFIDAVIT REQUIRED BY THAT ACT BEFORE THE RECEIPT OF COMPENSATION.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JANUARY 26, 1928:

I HAVE YOUR LETTER OF JANUARY 11, 1928, REQUESTING DECISION UPON A QUESTION THEREIN PRESENTED AS FOLLOWS:

BY ACT OF CONGRESS APPROVED DECEMBER 11, 1926, 44 STAT. 918, IT IS REQUIRED THAT A CERTAIN AFFIDAVIT BE FILED BY EVERY NEWLY APPOINTED OFFICER OF THE GOVERNMENT BEFORE A DISBURSING OFFICER MAY MAKE ANY SALARY PAYMENTS TO HIM. FROM THE INSTRUCTIONS PRINTED ON THE REVERSE SIDE OF STANDARD FORM NO. 1041, APPROVED BY YOUR OFFICE, IT IS NOT CLEAR WHETHER IT IS YOUR VIEW THAT EMPLOYEES SUCH AS RURAL CARRIERS ARE "OFFICER" WITHIN THE PURVIEW OF THIS ACT. IN A SPECIFIC CASE NOW BEFORE THE DEPARTMENT FOR CONSIDERATION THE QUESTION HAS BEEN RAISED WHETHER A RURAL CARRIER IS AN OFFICER OF THE GOVERNMENT WITHIN THE MEANING OF THE ACT OF DECEMBER 11, 1926.

SECTION 1 OF THE ACT OF DECEMBER 11, 1926, AS AMENDED BY JOINT RESOLUTION OF MARCH 2, 1927, 44 STAT. 1346, PROVIDES:

THAT EACH INDIVIDUAL HEREAFTER APPOINTED AS A CIVIL OFFICER OF THE UNITED STATES BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, OR BY THE PRESIDENT ALONE, OR BY A COURT OF LAW, OR BY THE HEAD OF A DEPARTMENT, SHALL, WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF HIS APPOINTMENT, FILE WITH THE COMPTROLLER GENERAL OF THE UNITED STATES AN AFFIDAVIT STATING THAT NEITHER HE NOR ANYONE ACTING IN HIS BEHALF HAS GIVEN, TRANSFERRED, PROMISED, OR PAID ANY CONSIDERATION FOR OR IN THE EXPECTATION OR HOPE OF RECEIVING ASSISTANCE IN SECURING SUCH APPOINTMENT.

RURAL CARRIERS ARE APPOINTED BY THE POSTMASTER GENERAL, THE HEAD OF THE POST OFFICE DEPARTMENT (SEE SEC. 718, POSTAL LAWS AND REGULATIONS, 1924), AND THEY EXERCISE A FUNCTION OF GOVERNMENT IN THEIR OWN RIGHT AND ON THEIR OWN RESPONSIBILITY. THEY ARE, THEREFORE, CIVIL OFFICERS WITHIN THE PURVIEW OF THE ACT OF DECEMBER 11, 1926, AS AMENDED, SUPRA, AND MUST FURNISH THE AFFIDAVIT REQUIRED BY THAT ACT. 6 COMP. GEN. 657; ID. 726. THE SPECIFIC MENTION OF POSTMASTERS IN THE INSTRUCTIONS ON THE BACK OF STANDARD FORM 1041 WAS NOT INTENDED TO EXCLUDE OTHER OFFICERS UNDER THE POSTAL SERVICE.