A-27183, MAY 17, 1929, 8 COMP. GEN. 610

A-27183: May 17, 1929

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1929: I HAVE YOUR LETTER OF MAY 8. CLERKS AT POST OFFICES OF THE THIRD AND FOURTH CLASSES ARE CONCERNED. IT WAS HELD THAT A RURAL CARRIER MAY BE PERMITTED TO PERFORM MAIL MESSENGER SERVICE AND BE PAID THEREFOR NOT IN EXCESS OF $300 FOR ANY ONE YEAR. WAS TO AUTHORIZE THE EMPLOYMENT OF MAIL MESSENGERS IN OTHER CAPACITIES IN THE POSTAL SERVICE AND. OR CLERKS WAS EXTENDED TO APPLY TO POSTAL EMPLOYEES AT OTHER THAN THIRD AND FOURTH CLASS OFFICES FROM WHOM THE ACT OF MARCH 1. IS GENERAL AND IT IS ONLY BY IMPLICATION THAT IT MAY BE EXTENDED TO AUTHORIZE POSTAL EMPLOYEES OTHER THAN THOSE NAMED IN THE ACT OF JUNE 3. ANSWERING YOUR QUESTION SPECIFICALLY YOU ARE ADVISED THAT A VILLAGE CARRIER AT $1.

A-27183, MAY 17, 1929, 8 COMP. GEN. 610

COMPENSATION, DOUBLE - POSTAL SERVICE EMPLOYEES THE ACT OF MARCH 1, 1929, 45 STAT. 1441, EXTENDS THE ACT OF JUNE 3, 1924, 43 STAT. 356, TO CLASSES OF POSTAL EMPLOYEES OTHER THAN POSTMASTERS, ASSISTANT POSTMASTERS, AND CLERKS AT POST OFFICES OF THE THIRD AND FOURTH CLASSES SO AS TO AUTHORIZE SUCH OTHER EMPLOYEES TO SERVE AS MAIL MESSENGERS, AND BY IMPLICATION EXTENDS TO THEM THE LIMITATION OF $300 IN ANY ONE YEAR FOR SUCH MAIL-MESSENGER SERVICE.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, MAY 17, 1929:

I HAVE YOUR LETTER OF MAY 8, 1929, REQUESTING TO BE ADVISED WHETHER A CONTRACT MAY BE ENTERED INTO WITH A VILLAGE CARRIER FOR MAIL MESSENGER SERVICE AT THE RATE OF HIS BID, $495 PER ANNUM, HIS COMPENSATION AS VILLAGE CARRIER BEING AT A SALARY OF $1,350 PER ANNUM.

THE ACT OF JUNE 3, 1924, 43 STAT. 356, REMOVED THE PROHIBITION IN SECTION 3850, REVISED STATUTES, WITH RESPECT TO CONTRACTING FOR THE PERFORMANCE OF MAIL-MESSENGER SERVICE IN SO FAR AS POSTMASTERS, ASSISTANT POSTMASTERS, AND CLERKS AT POST OFFICES OF THE THIRD AND FOURTH CLASSES ARE CONCERNED, WITH THE LIMITATION THAT THE TOTAL AMOUNT PAYABLE TO ANY POSTMASTER, ASSISTANT POSTMASTER, OR CLERK SHOULD NOT EXCEED $300 FOR ANY ONE YEAR.

SECTION 1 OF THE ACT OF MARCH 1, 1929, 45 STAT. 1441, AUTHORIZES THE EMPLOYMENT OF MAIL MESSENGERS AND OTHER POSTAL EMPLOYEES IN A DUAL CAPACITY, OR THE ASSIGNMENT OF EXTRA DUTIES TO THEM, AND THE PAYMENT OF EXTRA COMPENSATION FOR SUCH EMPLOYMENT IN A DUAL CAPACITY FOR EXTRA SERVICES.

IN DECISION OF MAY 2, 1929, A-27033, 8 COMP. GEN. 578, IT WAS HELD THAT A RURAL CARRIER MAY BE PERMITTED TO PERFORM MAIL MESSENGER SERVICE AND BE PAID THEREFOR NOT IN EXCESS OF $300 FOR ANY ONE YEAR, PROVIDED HIS COMBINED COMPENSATION FOR THE YEAR DOES NOT EXCEED $2,000. THE ACT OF MARCH 1, 1929, DOES NOT IN TERMS AUTHORIZE RURAL CARRIERS TO ENTER INTO CONTRACT TO PERFORM SERVICE AS MAIL MESSENGERS AND BE PAID THEREFOR, BUT THE DECISION OF MAY 2, 1929, RESTED ON THE BASIS THAT THE INTENT OF THE ACT OF MARCH 1, 1929, WAS TO AUTHORIZE THE EMPLOYMENT OF MAIL MESSENGERS IN OTHER CAPACITIES IN THE POSTAL SERVICE AND, ALSO, THE EMPLOYMENT OF OTHER POSTAL EMPLOYEES AS MAIL MESSENGERS; IN OTHER WORDS, THAT SAID ACT BY IMPLICATION EXTENDED THE ACT OF JUNE 3, 1924, TO INCLUDE POSTAL EMPLOYEES OTHER THAN POSTMASTERS, ASSISTANT POSTMASTERS, AND CLERKS AT POST OFFICES OF THE THIRD AND FOURTH CLASSES.

BY IMPLICATION, ALSO, THE LIMITATION IN THE ACT OF JUNE 3, 1924, ON THE AMOUNT OF COMPENSATION THAT MAY BE PAID TO POSTMASTERS, ASSISTANT POSTMASTERS, OR CLERKS WAS EXTENDED TO APPLY TO POSTAL EMPLOYEES AT OTHER THAN THIRD AND FOURTH CLASS OFFICES FROM WHOM THE ACT OF MARCH 1, 1929, REMOVED THE PROHIBITION IN SECTION 3850, REVISED STATUTES, WITH RESPECT TO CONTRACTING FOR THE PERFORMANCE OF MAIL MESSENGER SERVICE.

IT SEEMS REASONABLE TO ASSUME THAT THE CONGRESS DID NOT INTEND TO DISCRIMINATE AGAINST POSTMASTERS, ASSISTANT POSTMASTERS, AND CLERKS AT POST OFFICES OF THE THIRD AND FOURTH CLASSES IN FAVOR OF OTHER POSTAL EMPLOYEES IN THE MATTER OF COMPENSATION FOR THE PERFORMANCE OF MAIL MESSENGER SERVICE.

THE LANGUAGE OF THE ACT OF MARCH 1, 1929, IS GENERAL AND IT IS ONLY BY IMPLICATION THAT IT MAY BE EXTENDED TO AUTHORIZE POSTAL EMPLOYEES OTHER THAN THOSE NAMED IN THE ACT OF JUNE 3, 1924, TO CONTRACT FOR THE PERFORMANCE OF MAIL MESSENGER SERVICE; AND THERE WOULD APPEAR TO BE NO AUTHORITY OR REASON FOR HOLDING THAT THE SAID ACT OF MARCH 1, 1929, REMOVED THE PROHIBITION OF SECTION 3850, REVISED STATUTES, AS TO EMPLOYEES AT POST OFFICES OF THE FIRST AND SECOND CLASSES WITHOUT ATTACHING THERETO THE LIMITATION IN THE ACT OF JUNE 3, 1924.

ANSWERING YOUR QUESTION SPECIFICALLY YOU ARE ADVISED THAT A VILLAGE CARRIER AT $1,350 PER YEAR MAY NOT BE PERMITTED TO ENTER INTO CONTRACT FOR THE PERFORMANCE OF MAIL MESSENGER SERVICE FOR MORE THAN $300 FOR ANY ONE YEAR.