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monds, 120 U. S. 46, 49; U. S. v. Bishop, idem., 51.

Regulations can have no retroactive effect. U. S. v. Davis, 132 U. S. 334. Provision of statute exists by which the statute regulations of the Army may, within certain limits, be altered by the Secretary of War. 6 Op. Atty. Gen. 10; 8 id. 337.

Regulations prescribed and framed by the Secretary of War and which are intended for the direction and government of the officers of the Army and agents of the department do not bind the Commander in Chief nor the head of the War Department. Burns v. U. S., 12 Wall. 246; Smith v. U. S., 24 Ct. Cls. 209, 215. But see Arthur v. U. S., 16 Ct. Cls. 422, and U. S. v. Barrows, 1 Abb. 351.

Regulations which heads of departments are expressly authorized to make, in which the public is interested, become a part of that body of public records of which the courts take judicial notice. Caha v. U. S., 152 U. S. 211.

The purpose of a regulation is to carry into effect the law; but where rights, duties, and obligations are defined by statute they can not be taken away or abridged by regulations. Laurey v. U. S., 32 Ct. Cls. 259; U. S. v. Garlinger, 169 U. S. 316.

While regulations duly promulgated have the force of law in a limited sense, they can not enlarge or restrict the liability of the officer on his bond. Meads v. U. S., 81 Fed. Rep. 684.

Amendment and waiver of regulations. Regulations made by the head of a department may be amended or waived in their application to particular cases. 3 Comp. Dec. 305; IV id. 40; I id. 326.

There must be a specific waiver, however, and in the absence of such specific waiver the regulation as it stands will be applied by the accounting officers in the settlement of accounts. 3 id. 304; IV id. 49.

2999. Lineal rank and service of officers shown in the Official Army Register.— In every Official Army Register hereafter issued, the lineal rank of all officers of the line of the Army shall be given separately for the different arms of the service; and if the officer be promoted from the ranks, or shall have served in the volunteer army, either as an enlisted man or officer, his service as a private and non-commissioned officer shall be given, and in addition thereto the record of his service as volunteer. Sec. 2, act of June 18, 1878 (20 Stat. 149).

For statutory provisions that the brevet and volunteer rank of officers of the Regular Army and the names of retired officers shall appear see ante, 2731 and 2421.

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3000. Postage stamps for official use. That the Secretaries, respectively, of the Departments of State, of the Treasury, War, Navy, and of the Interior, and the Attorney-General, are authorized to make requisitions upon the PostmasterGeneral for the necessary amount of official postage-stamps for the use of their departments, not exceeding the amount stated in the estimates submitted to Congress; and upon presentation of proper vouchers therefor at the Treasury, the amount thereof shall be credited to the appropriation for the service of the Post-Office Department for the same fiscal year. Sec. 2, act of Mar. 3, 1883 (22 Stat. 563).

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For postage stamps for the department and its bureaus, as required under the Postal Union, to prepay postage on matters addressed to Postal Union countries, $500. Act of Mar. 3, 1921 (41 Stat. 1280), making appropriations for legislative, executive and judicial expenses: War Department, contingent expenses.

3001. Free transmission of official mail.-That it shall be lawful to transmit through the mail, free of postage, any letters, packages, or other matters relating exclusively to the business of the Government of the United States: Provided, That every such letter or package to entitle it to pass free shall bear over the words "Official business" an endorsement showing also the name of the Department, and, if from a bureau or office, the names of the Department and bureau or office, as the case may be, whence transmitted. Sec. 5, act of Mar. 3, 1877 (19 Stat. 335).

Stamps must be used for mail sent to foreign countries.

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Notes of Decisions.

Construction of statute. Official mail coming from the Philippine Islands through the Postal Service of the United States should comply with the general laws of the United States regulating the mails under

the administration of the Postmaster Gen-
eral, (1902) 24 Op. Atty. Gen. 534.
Sec. 3010, post, so far as it relates to
the indorsement to be placed on the penalty
envelope, is a substitute for the

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sponding provision in this section. Such envelope must be indorsed with a proper designation of the office from which the same is transmitted, and a statement of

the penalty provided by the fifth section of the latter act. (1884) 17 Op. Atty. Gen. 631.

3002. Report as to cost of mail under frank.-Hereafter the Postmaster General shall in his annual report submit a detailed statement of the cost to the postal establishment of the matter mailed under frank by each department and independent establishment of the Government and the revenue which would be derived therefrom if carried at the ordinary rates of postage. June 5, 1920 (41 Stat. 1037).

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Act of

3003. Free registration of official mail.—* Provided further, That any letter or packet to be registered by either of the Executive Departments, or Bureaus thereof, or by the Agricultural Department, or by the Public Printer. may be registered without the payment of any registry fee; and any part-paid letter or packet addressed to either of said Departments or Bureaus may be delivered free; but where there is good reason to believe the omission to prepay the full postage thereon was intentional, such letter or packet shall be returned to the sender: Provided further, That this act shall not extend or apply to pension agents or other officers who receive a fixed allowance as compensation for their services, including expenses of postages. And section thirtynine hundred and fifteen of the Revised Statutes of the United States, so far as the same relates to stamps and stamped envelopes for official purposes, is hereby repealed. Sec. 29, act of March 3, 1879 (20 Stat. 362), as amended by sec. 3, act of July 5, 1884 (23 Stat. 158).

Notes of Decisions.

Free registration of official mail.-The proviso authorizing registering without payment of a registry fee of any official letter or packet, by either of the "executive departments, or bureaus thereof," embraces a department officer who, in the course of public business, is called temporarily to discharge his official duties at some place

away from the seat of Government; but such words do not embrace examiners, special agents, inspectors, etc., of the va rious departments who are located at points outside of Washington or are traveling throughout the country. (1900) 23 Op. Atty. Gen. 316.

3004. Mail matter of the Soldiers' Home.-That the provisions of the fifth and sixth sections of the Act entitled "An Act establishing post-routes, and for other purposes, approved March third, eighteen hundred and seventy-seven," for the transmission of official mail-matter, be, and they are hereby, extended and made applicable to all official mail-matter of the National Home for Dis abled Volunteer Soldiers. Act of Aug. 18, 1894 (28 Stat. 412), making appropriations for sundry civil expenses.

For secs. 5, 6, mentioned above, see 3001, ante, and 3008, post. 3005. Soldiers' letters forwarded.-* *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. Sec. 9, act of Mar. 3, 1879 (20 Stat. 358). 3006. Free transmission of soldiers' letters during the World War.-* That letters written and mailed by soldiers, sailors, and marines assigned to duty in a foreign country engaged in the present war may be mailed free of

postage, subject to such rules and regulations as may be prescribed by the Postmaster General. Sec. 1100, act of Oct. 3, 1917 (40 Stat. 327).

3007. Penalty envelopes provided by the Post Office Department.* the Postmaster-General shall contract, for a period not exceeding four years, for all envelopes, stamped or otherwise, designed for sale to the public, or for use by the Post-Office Department, the postal service, and other Executive Departments, and all Government bureaus and establishments, and the branches of the service coming under their jurisdiction, and may contract for them to be plain or with such printed matter as may be prescribed by the Department making requisition therefor: Provided, That no envelope shall be sold by the Government containing any lithographing or engraving, nor any printing nor advertisement, except a printed request to return the letter to the writer. Act of June 26, 1906 (34 Stat. 476).

3008. Procurement of penalty envelopes by the departments.-That for the purpose of carrying this act into effect, it shall be the duty of each of the Executive Departments of the United States to provide for itself and its subordinate offices the necessary envelopes: and in addition to the indorsement designating the department in which they are to be used, the penalty for the unlawful use of these envelopes shall be stated thereon. Sec. 6, act of Mar. 3, 1877 (19 Stat. 336).

Construction

Notes of Decisions.

of statute. This section does not extend to the Executive. In the absence of a special provision for stamps for his official mail matter, the appropriation for contingent expenses of the executive office is applicable, and to the extent that it is so applied authority exists for

the issue of stamps to him. This section and 3001, ante, do not forbid the use of stamps by the executive departments. The use of the official envelope is limited to the executive departments, and the bureaus or offices therein, at the seat of Government. (1877) 15 Op. Atty. Gen. 262.

3009. Return penalty envelopes.- * * *Provided, That any Department or officer authorized to use the penalty envelopes may inclose them with return address to any person or persons from or through whom official information is desired, the same to be used only to cover such official information, and indorsements relating thereto : Sec. 29, act of March 3, 1879 (20 Stat. 362), as amended by sec. 3, act of July 5, 1884 (23 Stat. 158).

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Notes of Decisions.

Construction.-Where a Member of Congress has addressed an inquiry about official business to a department or any bureau thereof, the reply may properly be addressed to the person concerned in a penalty envelope and sent unsealed to the Member

(that he may take cognizance of its contents), to be by him forwarded to its destination. But in such case the use of the envelope must be strictly limited to the department or bureau and the applicant. (1880) 16 Op. Atty. Gen. 501.

3010. Use of penalty envelopes by all officers.-The provisions of the fifth and sixth sections of the act entitled "An act establishing post-routes, and for other purposes" approved March third, eighteen hundred and seventy-seven, for the transmission of official mail-matter, be, and they are hereby, extended to all officers of the United States Government, not including members of Congress, the envelopes of such matter in all cases to bear appropriate indorsements containing the proper designation of the office from which or officer from whom the same is transmitted, with a statement of the penalty for their misuse.

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