A-8709, APRIL 3, 1925, 4 COMP. GEN. 830

A-8709: Apr 3, 1925

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POSTAL SERVICE - PAY OF FOURTH-CLASS POSTMASTERS A POST OFFICE WHICH WAS OF THE THIRD CLASS FROM JANUARY 1 TO JUNE 30. REGARDLESS OF THE FACT THAT ALL COMPENSATION AND RECEIPTS WERE NOT AS OF A FOURTH-CLASS OFFICE. WILL ONLY BE ENTITLED FOR THE QUARTERS ENDING MARCH 31 AND JUNE 30. 1925: IN THE AUDIT OF ACCOUNTS OF FOURTH-CLASS POSTMASTERS THERE ARE FOR DECISION TWO QUESTIONS UNDER THE ACT OF FEBRUARY 28. WHERE SUCH OFFICE WAS A THIRD-CLASS OFFICE FOR THE FIRST SIX MONTHS AND A FOURTH-CLASS OFFICE FOR THE LAST SIX MONTHS OF SAID CALENDAR YEAR. 2. IS THE SUM OF $1. IN THE FIRST QUESTION THE COMPENSATION OF THE POSTMASTER AND RECEIPTS OF HIS POST OFFICE WERE AS THIRD CLASS FOR THE FIRST TWO QUARTERS OF THE CALENDAR YEAR 1924.

A-8709, APRIL 3, 1925, 4 COMP. GEN. 830

POSTAL SERVICE - PAY OF FOURTH-CLASS POSTMASTERS A POST OFFICE WHICH WAS OF THE THIRD CLASS FROM JANUARY 1 TO JUNE 30, 1924, AND OF THE FOURTH CLASS FROM JULY 1 TO DECEMBER 31, 1924, MAY BE ADVANCED TO THIRD CLASS JULY 1, 1925, IF THE COMPENSATION ALLOWED THE POSTMASTER FOR THE ENTIRE CALENDAR YEAR 1924 AMOUNTED TO $1,000 AND THE RECEIPTS OF THE OFFICE AGGREGATED $1,500 FOR SAID CALENDAR YEAR, REGARDLESS OF THE FACT THAT ALL COMPENSATION AND RECEIPTS WERE NOT AS OF A FOURTH-CLASS OFFICE. POSTMASTERS WHO RECEIVED THE MAXIMUM RATE OF COMPENSATION FOR FOURTH CLASS POST OFFICES DURING THE QUARTERS ENDED SEPTEMBER 30 AND DECEMBER 31, 1924, VIZ, $1,000 PER ANNUM, OR $250 PER QUARTER, WILL ONLY BE ENTITLED FOR THE QUARTERS ENDING MARCH 31 AND JUNE 30, 1925, TO AN AMOUNT NOT IN EXCESS OF THE MAXIMUM RATE AUTHORIZED BY THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1054, VIZ, $1,100 PER ANNUM, OR $275 PER QUARTER, MAKING THE MAXIMUM AMOUNT THAT MAY BE PAID FOR THE FISCAL YEAR 1925, $1,050.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 3, 1925:

IN THE AUDIT OF ACCOUNTS OF FOURTH-CLASS POSTMASTERS THERE ARE FOR DECISION TWO QUESTIONS UNDER THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1054, AS FOLLOWS:

1. WHETHER OR NOT A FOURTH-CLASS POST OFFICE MAY BE ADVANCED TO THIRD CLASS JULY 1, 1925, ON THE BASIS OF $1,000 COMPENSATION ALLOWED THE POSTMASTER AND RECEIPTS OF HIS OFFICE IN EXCESS OF $1,500 FOR THE CALENDAR YEAR 1924, WHERE SUCH OFFICE WAS A THIRD-CLASS OFFICE FOR THE FIRST SIX MONTHS AND A FOURTH-CLASS OFFICE FOR THE LAST SIX MONTHS OF SAID CALENDAR YEAR.

2. WHETHER THE MAXIMUM COMPENSATION ALLOWABLE TO A FOURTH-CLASS POSTMASTER FOR THE FISCAL YEAR ENDING JUNE 30, 1925, IS THE SUM OF $1,050, OR THE SUM OF $1,100.

1. IN THE FIRST QUESTION THE COMPENSATION OF THE POSTMASTER AND RECEIPTS OF HIS POST OFFICE WERE AS THIRD CLASS FOR THE FIRST TWO QUARTERS OF THE CALENDAR YEAR 1924, AND AS FOURTH CLASS THE LAST TWO QUARTERS. THE OFFICE WAS IN THE FOURTH CLASS ON AND PRIOR TO FEBRUARY 28, 1925, DATE OF THE ACT "FIXING JULY 1 FOLLOWING" THE CALENDAR YEAR AS THE TIME WHEN A FOURTH- CLASS OFFICE MAY BE ASSIGNED TO A HIGHER CLASS. THE DECISION OF MARCH 28, 1925, A-8551, HELD:

* * * AND ON JULY 1, 1925, ALL SUCH POSTMASTERS WHO DURING THE CALENDAR YEAR 1924 EARNED COMPENSATION AMOUNTING TO $1,000, EXCLUSIVE OF COMMISSIONS ON MONEY ORDERS ISSUED, WILL BE ADVANCED TO A HIGHER CLASS, PROVIDED THE RECEIPTS OF THE OFFICE FOR SAID CALENDAR YEAR AGGREGATED AS MUCH AS $1,500.

THE CONDITIONS ON WHICH THE ADVANCE IS TO BE MADE ARE SPECIFIED IN THE STATUTE AS (1) THE TOTAL COMPENSATION, EXCLUSIVE OF COMMISSIONS ON MONEY ORDERS AND (2) THE RECEIPTS OF THE OFFICE. THE STATUTE DOES NOT REQUIRE THAT SUCH COMPENSATION AND RECEIPTS FOR THE PRIOR CALENDAR YEAR MUST HAVE BEEN AS FOURTH CLASS FOR THE ENTIRE YEAR. AS THE COMPENSATION ALLOWED THE POSTMASTER FOR THE ENTIRE CALENDAR YEAR 1924 WAS $1,000, THE MAXIMUM THEN AUTHORIZED FOR A FOURTH-CLASS OFFICE, AND THE RECEIPTS OF THE OFFICE AMOUNTED TO MORE THAN $1,500, THE MAXIMUM SPECIFIED IN THE STATUTE, THE OFFICE SHOULD BE ADVANCED JULY 1, 1925, TO THIRD CLASS, REGARDLESS OF THE FACT THAT THE PORTION OF THE COMPENSATION AND RECEIPTS EARNED DURING THE FIRST HALF OF THE CALENDAR YEAR 1924 WERE AS A THIRD-CLASS OFFICE.

2. THE SECOND QUESTION DEALS ONLY WITH THE MAXIMUM COMPENSATION OF FOURTH -CLASS POSTMASTERS FOR THE QUARTERS ENDING MARCH 31 AND JUNE 30, 1925, WHO RECEIVED THE MAXIMUM COMPENSATION ($250) FOR THE QUARTERS ENDED SEPTEMBER 30 AND DECEMBER 31, 1924. POSTMASTERS WHO RECEIVED THE MAXIMUM RATE OF COMPENSATION FOR FOURTH-CLASS POST OFFICES DURING THE QUARTERS ENDED SEPTEMBER 30 AND DECEMBER 31, 1924, VIZ, $1,000 PER ANNUM, OR $250 PER QUARTER, WILL ONLY BE ENTITLED FOR THE QUARTERS ENDING MARCH 31 AND JUNE 30, 1925, TO NOT IN EXCESS OF THE MAXIMUM RATE AUTHORIZED BY THE NEW LAW, VIZ, $1,100 PER ANNUM, OR $275 PER QUARTER MAKING THE MAXIMUM AMOUNT THAT MAY BE PAID AS COMPENSATION TO ANY FOURTH-CLASS POSTMASTER FOR THE FISCAL YEAR ENDING JUNE 30, 1925, $1,050.