where the redemption is claimed; also, provided that such envelopes and wrappers shall be presented in a whole condition. In no case is an envelope or wrapper to be redeemed at the post-office to which it is directed, except in the case of envelopes for drop-letters, which are to be redeemed upon the foregoing conditions.

Sec. 171. Postal-cards when Spoiled to be Redeemed.-Postmasters may also redeem in stamps or stamped envelopes such postal-cards as have been spoiled in printing or by other causes, and have never been used, at the rate of four cents in stamps or stamped-envelopes for every five cards in whatever quantities presented.

Sec. 172. Stamps, etc., redeemed to be sent to Department with letter.Stamped-envelopes, newspaper-wrappers, and postal-cards redeemed under the two foregoing sections must be sent with a special letter to the Third Assistant Postmaster-General, stating the number and amount. The package must be registered, and the postmaster must be able to prove the act of mailing by a disinterested witness. Postmasters failing to register such packages will not receive credit for the amount alleged to have been returned, in case the same fails to reach the Department. A postmaster need not return spoiled envelopes or wrappers to the Department oftener than once in each quarter.

Sec. 173. Postmasters held to strict Accountability for Stamps, etc.-Postmasters will be held to a strict accountability for all packages of postage-stamps, stamped-envelopes, newspaper-wrappers, and postal-cards passing through their hands; and the value of any package that may be lost or stolen while in transit will be charged to the postmaster through whose fault the loss or robbery occurred. Concerning the treatment of registered packages of postage-stamps, stamped envelopes, and postal cards arriving at or in transit to post-offices reference is made to Title V, The Registry System of the United States.

Sec. 174. Stamped envelopes, etc., to be sold at cost.-No stamped envelopes or newspaper-wrappers shall be sold by the Post-Office Department at less (in addition to the legal postage) than the cost, including all salaries, clerk hire, and other expenses connected therewith.* (Act of July 12, 1876, § 14, 19 Stat., p. 82.)

Sec. 175. Postage-stamps sold at Discount to designated Agents.-Postagestamps and stamped envelopes may be sold at discount to certain designated agents, who will agree to sell again without discount, under rules to be prescribed by the Postmaster-General; but the quantities of each sold to any one agent at one time shall not exceed one hundred dollars in value, and the discount shall not exceed five per centum on the face value of the stamps, nor the same per centum on the current price of the envelopes when sold in less quantities. (R. S., § 3919.)

*Section 3920 R. S., not specifically repealed by section 174, is as follows: Postage-stamps shall not be sold for any larger sum than the value indicated on their face, nor stamped envelopes for more than is charged therefor by the Post-Office Department for like quantities. Any person connected with the postal service who shall violate this provision shall be punishable by a fine of not less than ten dollars nor more than five hundred.

CHAPTER FOUR.

CLASSIFICATION OF DOMESTIC MAIL-MATTER AND RATES OF POSTAGE THEREON.

189. Postmaster's record of second-class publica- 231. Permissible additions to other than first-class

Sec. 176. Mail-matter Divided into four Classes.-Mail-matter shall be divided into four classes:

First. Written matter.

Second. Periodical publications.

Third. Miscellaneous printed matter.

Fourth. Merchandise. (Act March 3, 1879, § 7, 20 Stat., p. 358.)

Sec. 177. First-class Matter.-Mailable matter of the first class shall embrace letters, postal cards, and all matter wholly or partially in writing, except as hereinafter provided. (Act March 3, 1879, § 8, 20 Stat., p. 358.)

See sections 231 and 232.

Sec. 178. Postage on first-class Matter.-On mailable matter of the first class, except postal cards and drop-letters, postage shall be prepaid at the rate of three cents for each half ounce or fraction thereof; postal cards shall be transmitted through the mails at a postage charge of one cent each, including the cost of manufacture; and drop-letters shall be mailed at the rate of two cents per half ounce or fraction thereof, including delivery at letter-carrier offices, and one cent for each half ounce or fraction thereof where free delivery by carrier is not established. The Postmaster-General may, however, provide, by regulation, for transmitting unpaid and duly certified letters of soldiers, sailors, and marines in the service of the United States to their destination, to be paid on delivery. (Act March 3, 1879, § 9, 20 Stat., p. 358.)

Sec. 179. Soldiers', sailors', and marines' unpaid Letters Forwarded.-Letters written by non-commissioned officers and privates in the military service, or in the naval service (embracing the Marine Corps), on which the postage is not prepaid, must be plainly marked on the outside, over the address, "Soldier's letter," "Sailor's letter," or "Marine's letter" (as the case may be), and this certificate signed with his official designation by a field or staff officer of the regiment to which the soldier belongs, or by the officer in command of his detachment or of the post, or by a surgeon or chaplain at a hospital. In the Navy or Marine Corps, the certificate must be signed by the officer in command of the vessel, or by a chaplain or surgeon on board, or by the officer commanding a detachment of marines on shore. All unpaid letters of soldiers, sailors, or marines, duly certified, must be forwarded to their destination charged with the amounts of postage due at single rates only, to be collected on delivery.

Sec. 180. Prepayment required on Officers' Letters.-Letters written by commissioned officers in the military, naval, or marine service cannot be certified as letters of soldiers, sailors, or marines.

Sec. 181. Postage on Delivered Postal-Cards Reposted. When a postal-card has once been delivered to the person to whom it is addressed it loses its character as a postal-card; and if it is offered for mailing again it must be prepaid either at letter or third class rates, as indicated by the nature of the printing or writing thereon.

Sec. 182. Other than first-class Matter must be open to Examination.—The Postmaster-General may prescribe, by regulation, the manner of wrapping and securing for the mails all packages of matter not charged with first-class postage, so that the contents of such packages may be easily examined; and no package the contents of which cannot be easily examined shall pass in the mails or be delivered at less rate than for matter of the first class. (Act of March 3, 1879, § 24, 20 Stat., p. 361.)

Sec. 183. Sealed Packages, etc., to pay Letter Rates.-Whenever any package offered for mailing to any point within the United States is sealed or otherwise closed against inspection, or contains or bears writing which is not allowed by law, such package is subject to postage at letter rates, and is, in all respects, to be treated as a letter; i. e., if one full rate (3 cents) is paid, it is to be forwarded rated up with the deficient postage; if less than one full rate, it is to be treated as a short-paid letter. See sections 231, 232, and 233.

Sec. 184. Second-class Matter.-Mailable matter of the second class shall embrace all newspapers and other periodical publications which are issued at stated intervals, and as frequently as four times a year, and are within the conditions named in the next succeeding section. (Act March 3, 1879, § 10, 20 Stat., p, 359.)

Sec. 185. Essential characteristics of Second-class Matter.-The conditions upon which a publication shall be admitted to the second class are as follows:

First. It must regularly be issued at stated intervals, as frequently as four times a year, and bear a date of issue, and be numbered consecutively.

Second. It must be issued from a known office of publication.

Third. It must be formed of printed paper sheets, without board, cloth, leather, or other substantial binding, such as distinguish printed books for preservation from periodical publications.

Fourth. It must be originated and published for the dissemination of information of a public character, or devoted to literature, the sciences, arts, or some special industry, and having a legitimate list of subscribers: Provided, however, That nothing herein contained shall be so construed as to admit to the second-class rate regular publications designed primarily for advertising purposes, or for free circulation, or for circulation at nominal rates. (Act March 3, 1879, § 14, 20 Stat., p. 359.)

Sec. 186. A Known Office of Publication defined.—A known office of publication is a public office for the transaction of the business of the periodical, where orders may be received for subscriptions and advertising during the usual business hours. Publications issued without disclosing the office of publication must not be forwarded unless prepaid at the rate of third-class matter.

Sec. 187. Advertising Sheets Defined. "Regular publications, designed primarily for advertising purposes," within the intendment of section 185, are defined to be

First. Those owned and controlled by one or several individuals or business concerns, and conducted as an auxiliary, and essentially for the advancement of the main business or calling of those who own or control them.

Second. Those which, having no genuine or paid-up subscriptions, insert advertisements free, on the condition that the advertiser will pay for any number of papers which are sent to persons whose names are given to the publisher.

Third. Those which do advertising only, and whose columns are filled with long editorial puffs of firms or individuals who buy a certain number of copies for distribution. Fourth. Pamphlets containing market quotations, and the business cards of various business houses opposite the pages containing such quotations.

Sec. 188. Decision upon Doubtful Publications.-Whenever a postmaster is in doubt as to the character of a publication offered for mailing as second-class mat

ter, he will submit a copy of the same to the First Assistant Postmaster-General, and accompany it with a statement of such facts as he may be in possession of respecting the publication and the reasons for his inability to decide as to its character. The First Assistant Postmaster-General will also decide any appeal from the decision of a postmaster by publishers whose publications have been excluded from the second class by the action of the postmaster.

Sec. 189. Postmaster's Record of Second-class Publications.-Postmasters must keep a record of all the publications of the second class mailed at their postoffices, and submit a duplicate thereof to the office of the Third Assistant PostmasterGeneral, and must report on the first day of every month any changes made therein.

Sec. 190. Postage on Second-class Matter.-Publications of the second class, except as provided in section 239, when sent by the publisher thereof, and from the office of publication, including sample copies, or when sent from a news agency to actual subscribers thereto, or to other news agents, shall be entitled to transmission through the mails at two cents a pound or fraction thereof, such postage to be prepaid, as now provided by law. (Act of March 3, 1879, § 11, 20 Stat., p. 359.) See section 192.

Sec. 191. Weighing of Second-class Matter.-Periodical publications on their receipt at the post-office of mailing shall be weighed in bulk, and postage paid thereon by a special adhesive stamp, to be devised and furnished by the Postmaster-General, which shall be affixed to such matter, or to the sack containing the same, or upon a memorandum of such mailing, or otherwise, as the Postmaster-General may, from time to time, provide by regulations. (Act of June 23, 1874, § 6, 18 Stat., p. 233.)

Sec. 192. Manner of Prepaying second-class Matter.-Publishers and news agents must tender their newspapers and periodicals intended to be sent through the mails at the post-office of mailing, so that they may be weighed in bulk. The postage thereon must then be prepaid, according to the weight of the matter to be mailed, by special adhesive stamps, known as newspaper and periodical stamps, which are furnished by the Department to postmasters for that purpose. Unbound back numbers of a regular second-class publication may be sent at the rate of two cents per pound. See section 159.

Sec. 193. "Regular Subscribers" Defined.-A regular subscriber is a person who has actually paid, or undertaken to pay, a subscription price for a newspaper, magazine, or other periodical, or for whom such payment has been made, or undertaken to be made, by some other person. But, in the latter case, such payment must have been made or undertaken with the consent or at the request of the person to whom such newspaper, magazine, or periodical is sent. Consent is to be implied in the absence of objection by the party to whom the publication is sent.

Sec. 194. Evidence of Subscription-list may be Required.-If a postmaster has reason to doubt that a publication offered for mailing as second class matter has a legitimate list of subscribers, he may require the publisher thereof to satisfy him that it has, before permitting such publication to be mailed at the rates prescribed in section 190.

Sec. 195. Sample copies at Second-class Rates.-By section 185 subscriber ship is made one of the tests of the bona fide character of a publication. A publica tion having no legitimate list of subscribers cannot be admitted to the second class except as provided in section 196. When once determined to be entitled to transmission as second-class matter, the distinction in favor of subscribership in the circulation of second-class matter, which was made necessary by former laws, is by section 190 aban