A-57119, AUGUST 25, 1934, 14 COMP. GEN. 165

A-57119: Aug 25, 1934

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IS NOT APPLICABLE TO OFFICIAL DOMESTIC MAIL FOR WHICH THE ACT OF MAY 1. THE WORD "ADDITIONAL" AS USED IN THE ACT MEANS SOMETHING THAT IS ADDED TO OR PUT ON A THING ALREADY IN EXISTENCE. WHEREIN IS QUOTED A LETTER FROM THE POSTMASTER AT WASHINGTON. IS AUTHORIZED TO COLLECT AN ADDITIONAL FEE OF 10 CENTS FOR EFFECTING THE DELIVERY BY CARRIER OR OTHERWISE OF DOMESTIC REGISTERED. THE DELIVERY OF WHICH IS RESTRICTED TO THE ADDRESSEE ONLY. OR TO THE ADDRESSEE OR ORDER: * * * IT IS TO BE NOTED THAT THE ACT PROVIDES FOR THE COLLECTION OF AN ADDITIONAL FEE FOR EFFECTING DELIVERY TO THE ADDRESSEE ONLY. IT IS WELL ESTABLISHED THAT THE WORD "ADDITIONAL" IN COMMON USAGE MEANS SOMETHING THAT IS ADDED TO OR PUT ON A THING ALREADY IN EXISTENCE.

A-57119, AUGUST 25, 1934, 14 COMP. GEN. 165

MAILS - REGISTERED - OFFICIAL DOMESTIC THE PAYMENT OF AN ADDITIONAL FEE FOR EFFECTING DELIVERY OF REGISTERED MAIL ADDRESSED "DELIVER TO ADDRESSEE ONLY" STAMPED THEREON AS PROVIDED FOR UNDER ACT OF JUNE 18, 1934, 48 STAT. 992, IS NOT APPLICABLE TO OFFICIAL DOMESTIC MAIL FOR WHICH THE ACT OF MAY 1, 1928, 45 STAT. 469, PROVIDES FOR REGISTRATION "WITHOUT" THE PAYMENT OF ANY REGISTRY FEE. THE WORD "ADDITIONAL" AS USED IN THE ACT MEANS SOMETHING THAT IS ADDED TO OR PUT ON A THING ALREADY IN EXISTENCE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 25, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 7, 1934, WHEREIN IS QUOTED A LETTER FROM THE POSTMASTER AT WASHINGTON, D.C., STATING A CLAIM AGAINST YOUR DEPARTMENT IN THE SUM OF $1,942.30, UNDER THE ACT OF CONGRESS APPROVED JUNE 18, 1934, AS ADDITIONAL FEES FOR EFFECTING DELIVERY ON MAIL REGISTERED BY THE DIVISION OF LOANS AND CURRENCY FROM JULY 9 TO 12, 1934, INCLUSIVE, WITH INDORSEMENT "DELIVER TO ADDRESSEE ONLY," STAMPED THEREON.

SECTION 2 OF THE ACT OF MAY 1, 1928, 45 STAT. 469, AMENDS SECTION 3 OF THE ACT OF JULY 5, 1884, 23 STAT. 158, BY ADDING THE FOLLOWING PARAGRAPH:

PROVIDED FURTHER, THAT ANY OFFICIAL DOMESTIC LETTER OR PARCEL TO BE REGISTERED BY ANY EXECUTIVE DEPARTMENT OR BUREAU THEREOF, OR INDEPENDENT GOVERNMENT INSTITUTION, LOCATED AT WASHINGTON, DISTRICT OF COLUMBIA, OR BY THE PUBLIC PRINTER, WHICH REQUIRES REGISTRATION MAY BE REGISTERED WITHOUT THE PAYMENT OF ANY REGISTRY FEE.

THE ACT OF JUNE 18, 1934, 48 STAT. 992, PROVIDES IN PART AS FOLLOWS:

THAT THE POSTMASTER GENERAL, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, IS AUTHORIZED TO COLLECT AN ADDITIONAL FEE OF 10 CENTS FOR EFFECTING THE DELIVERY BY CARRIER OR OTHERWISE OF DOMESTIC REGISTERED, INSURED, OR COLLECT-ON-DELIVERY MAIL, THE DELIVERY OF WHICH IS RESTRICTED TO THE ADDRESSEE ONLY, OR TO THE ADDRESSEE OR ORDER: * * *

IT IS TO BE NOTED THAT THE ACT PROVIDES FOR THE COLLECTION OF AN ADDITIONAL FEE FOR EFFECTING DELIVERY TO THE ADDRESSEE ONLY. IT IS WELL ESTABLISHED THAT THE WORD "ADDITIONAL" IN COMMON USAGE MEANS SOMETHING THAT IS ADDED TO OR PUT ON A THING ALREADY IN EXISTENCE. SEE HURST HOME INSURANCE COMPANY V. DEATLEY, L.R.A. 1917E, 750. THERE WAS NO FEE IN EXISTENCE APPLICABLE TO THE DELIVERY OF REGISTERED MAIL FOR EXECUTIVE DEPARTMENTS, ETC., TO WHICH AN ADDITION COULD BE MADE UNDER AUTHORITY OF THE SAID ACT OF JUNE 18, 1934. FURTHERMORE, THERE IS NOTHING IN THE SAID ACT OF JUNE 18, 1934, TO INDICATE THAT IT WAS INTENDED TO REPEAL OR AMEND THE PROVISIONS OF SECTION 3 OF THE ACT OF JULY 5, 1884, AS AMENDED BY SECTION 2 OF THE ACT OF MAY 1, 1928, SUPRA, WHICH SPECIFICALLY EXEMPTS OFFICIAL MAIL OF THE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT FROM THE PAYMENT "OF ANY REGISTRY FEE.' CONSEQUENTLY, SAID PROVISION IS STILL IN FULL FORCE AND EFFECT AND THE INDORSEMENT ON SUCH MAIL RESTRICTING ITS DELIVERY TO THE ADDRESSEE ONLY, OR TO THE ADDRESSEE OR ORDER CANNOT OPERATE TO MAKE IT SUBJECT TO A REGISTRATION FEE UNDER THE ACT OF JUNE 18, 1934, OR OTHERWISE.