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39 § 404 GENERAL PROVISIONS Ch. 4 GENERAL A
<br />Note 1
<br />r 0
<br />The Postmaster General may nol pul
<br />Iola operatlon a plan of ■ company, de
<br />slgaed to relieve advertisers and other.
<br />from paying postage on rettrn cards and
<br />envelopes until they are actually depuult.
<br />ed In the malls and reach the office of
<br />destination, and giving to It exclusive
<br />control of the sale of return envelopes
<br />and poatul cards. Id.
<br />The original text of former section 274
<br />of this title only applied when mall mat-
<br />ter was deposited In the poet office,
<br />chargeable with two or more rates, not
<br />of which, at leant, had been paid; and In
<br />regard to such matter both the paid and
<br />the unpaid rater were governed by the
<br />same standard. 1873, 14 Op.Atty.Gen. 186.
<br />Letters on which postage has not been
<br />fully prepaid at the time of mailing them
<br />should be charged at the office of deliv-
<br />ery on;y with the amount of the deficien.
<br />cy. Id.
<br />S. Establishment of post offices
<br />The policy of the government has been
<br />to delegate to the Pontmaater General the
<br />power to designate the places where the
<br />nulls shalt be received and delivered.
<br />(Care U. S.. Pa.1867, 71 U.S. 017, 1132, 4
<br />Well. 017, 012. 18 L.Ed. 380.
<br />Where a place has been designated
<br />where mail &ball be received and deliv.
<br />ered, there Is a poet office, over which a
<br />postmaster may be appointed, and the
<br />post office continues until It Is discuotlu.
<br />ued. U. S. r. Iloptoo Elevated It,v, Co.,
<br />C.C.Nus.1910, 176 F. 9M.
<br />Il cannot be doubted that the Postmas-
<br />ter General has authority to establish a
<br />post office In the City of \Cashingtou,
<br />and to provide a piece for conducting the
<br />business of the office. Semmes v. 1% S..
<br />I891, 9d Ct.CI. 119.
<br />Immunity from local coning ordinances
<br />which extend< to I'olled States In entah-
<br />Ilshing a post office facility applies
<br />whether United States owns the land or
<br />leases It. Thanet Corp, v. Board of Ad.
<br />justment of Princeton. Tp., 1909. 249 A.2d
<br />31, 104 N.J.Buper. 180, affirmed 200 A.2d
<br />1, 108 N.J.Super. 05.
<br />ufflces, and Elie P-1111asler General tin
<br />aulhorlxe,l by Implication lu dinconu
<br />any post office whenever it should •n
<br />ptar ta•hlm to I,e expedient and prop"
<br />Ware v. ;', v . I'a.180, 71 U.S. 617, tut,
<br />11 all. 617. tl;!'_', 18 L.Ed. SM. l
<br />The power to discontinue Pont of
<br />was Incident to the power to entabl
<br />them 10 the absence of statute restr
<br />log the exercise thereof, and the po'
<br />of the Postmaster General to dlsconUat
<br />A post office might be exercised, thoa�
<br />the Postmaster had been appointed bi
<br />the President by and with the advice
<br />the Senate, and even In the absence of
<br />statute expressly authorising the Post.
<br />master General to discontinue a post of.
<br />fice, former section 2 of this title which
<br />required him to cause to be certified to
<br />the auditor of the Post Office Depart.
<br />ment (now United States Postal Service)
<br />all establishments and dlscontiousaces of
<br />post offices, and providing that no post
<br />office In existence should be discontinued
<br />because of diminution of revenuer, con-
<br />strued In connection with the custom of
<br />discontinuing Pont offices always exer-
<br />cised by the Postmsater General, had to
<br />be cunalryed as giving the Postmaster
<br />General the power of discontinuing a
<br />post office. Id.
<br />Within meaning of this seclloo Impos-
<br />Ing certain requirements before closing
<br />or consolidation of post offices, "closing"
<br />refers to complete elimination of post of.
<br />fice, while "coosollda(lon" hall character-
<br />lstic of subordinating day-to-day overall
<br />management of one office having post.
<br />master to administrative personnel of an-
<br />other office. Knapp v. 11. S. Postal Serv-
<br />Ice WSI'S), D.C.hflch.1978, 449 F.Supp. ,R
<br />I58.
<br />Traosfera of bulk mall -sorting opera.
<br />dons from certain Post offices to other
<br />ponl•office facilities did not constitute
<br />"closing" or "consolidation" withlo,00r 1
<br />lemplation of this section Imposing .,tr.
<br />lain requirements before closing r can. to
<br />aolldallon. Id. I
<br />Even If "consolidation" occurred when
<br />post office allegedly lost Its postmaster,
<br />requlrement that Service glee 00 days'
<br />The Postmaster Geaeral may establish notice to affected postal patrons to per -
<br />a post office In the Cherokee country suit them to present their views would
<br />prorlded It be on a road constructed un- not apply where provision of this section
<br />der Act Mar. S. I= C. 61. 4_stat,_1otj�selting up such requirement was not tn.
<br />1842. 4 Op.AttyGea. 20. acted until such consolidation had al.
<br />ready taken place. Wilson v. U. a. Post.
<br />s. Closiag sr eaasetidattu of post of. at Service. D.C.Cal.1977. 441 F.Supp. 803.
<br />fleos Transfer of certain mail proceasing
<br />Former section 1 of this title recog. functions to }forma Sectlonal Facility in
<br />steed the extateoce of the authority of I- Aagelee County a Id sot constitute
<br />the Postmaster General to establish Post "conaolidatlon" such as to require Berwlce
<br />S4
<br />I„ give 40 days' notice to affected pu.lnl
<br />pit(rous au that they might have oppnrtn
<br />ally to present their rlewu. Id.
<br />branch past sMees
<br />Branch offices have come In be Culled.
<br />1. departmental language, "mall ntstlun�'*
<br />and to be designated by letters of the al-
<br />phabet. Knox Y. U. B., IBM, 34 Ct.CI. 511.
<br />Ser, also, Union Transfer Co. v. U. S.,
<br />I1)01, 36 Ct.CI. 210.
<br />?lerely designating a shop as a branch
<br />,,out office or mall station without uulog
<br />it for that purpose does not make It so,
<br />Knox T. U. B.. 1895, 30 CLCI. 39.
<br />S. Stamps-Ueoerally
<br />Former section 201 (now section 81 of
<br />Title 18 made stamps an "obligation or
<br />other security of the United Staten".
<br />1910, 28 Op.Alty.Gen. 201.
<br />Postage stamps are supplies for the
<br />Post Offic- Department (now United
<br />Setts Postal Bervlce] within section 5 of
<br />Title 41. and not "securities" within sec-
<br />tion 414 of Title 31. and the Postmaster
<br />General nerd not have the names of per.
<br />Pious whose portraits are placed on
<br />stamps Inscribed below such portraits.
<br />1907. 20 Op.Ally.Gen. 231.
<br />In what cases postmasters shall be held
<br />and in what cues not for stamps sent to
<br />them and not sold or returned to the
<br />Post Office Department (now United
<br />States Postal Service]. 1857. 9 Op.Alty.
<br />Gen. 105.
<br />s. - Csacellation
<br />The Postmaster General to authorised
<br />to substitute, for the black printing lokn
<br />and writing fluids used under regulation,
<br />nay canceling Ink which Is uniform and
<br />which actual experiment and teal have
<br />shown to hln satisfaction to be best cal•
<br />euisted to guard against fraud, and to
<br />urder Its use In all post offices where
<br />.lamps are canceled. IBM. 18 Op.Alty.
<br />(;Ca. 131.
<br />10. --- t"Usus e
<br />Issuance of postage stamp bearing plc- I
<br />lure of Madonna was not In violation of
<br />U.S.C.A.Const. Amend. 1. Protestarde
<br />and other Americans United for Separa. t
<br />lion of Church and State v. O'Brien. D. 1
<br />C.D.C.19117. 272 F.Supp, 712. 1
<br />I. -- salo v
<br />A clerk In charge of a branch post of. a
<br />flee to "intrusted by law" with the sale I
<br />of stamps and stamped envelopes, U. S. a
<br />v, Royer. D.C.Ca1,LM 122 F. 844. 041. A
<br />M.
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