Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-30

So, 8 DEPARTMENT OF STATE,
= WASHINGTON, January %, 1878
Inquiries having been made from various
sources AS to the app icaton of the Executive or
the holding of State or municipal offices by per-
sons. holding civil offices under the Federal
Government, the President directs the following
reply to be made:
It has been asked whether the order prohibits
8 Federal officer from holding also the office Of
an ALDERMAN or Of Common Councilman in
city or Of q Town Counc Imam of town or viii
lage or of appointments under city, town or
village governments. By some it has been sug-
gested that there may be a distinction made in
case the office is with or without salary or COM
pensatron. The city or town offices of the des
crlpton referred to, by whatever names they
may be locally known, whether held by ielec-
ton or By appointment and whether with or
without salary or compensation, arc Of the class
which the Executive order intends not to be
held by persons holding Federal Offices:
/ 1t has been asked whether the order prohibits
Federal officers from holding positions on Boards
| of Education, School Committees, Public Lii
braries, Religious or Eleemosenary Institutions,
Incorporated, or established or sustained by
State or municipal authority. Positions and
service on such boards or committees and pro-
fesSorshps in colleges are not regarded as offices
within the contemplation of the Executive or
der, but US employments and service IN which
Ill good citizens. may be engaged without in
compatibility, and in many cases without neces-
sary interference with any position they may
hold under the Federal Government. Officers
OF the Federal Government may therefore en-
gage in such service, provided the attention re-
4uired by such employment does not Interfere
with the regular and efficient discharge OF the
duties of their Office under the Federal Govern
ment.
The head of the department under whom the
Federal office is held will in all cases be the sole
judge, whether or not the employment does in
terfere
The question has also been asked with regard
to officers of the State militia Congress having
exercised the power confer red by the Constltu-
ton to provide for organizing the militia which
is liable to be called forth to be employed in the
service of the United States and is thus in some
sense under the control of the General Govern
ment, and is moreover of tie greatest value to
the public the Executive order of the 18th Of
January is not considered AS prohibiting + eder-
al officers from being officers of the m litia in
the States and Territories.
It has been asked whether the order prohibits
persons holding office under the Federal Gov
eminent being member: of local or municipal
fire departments; also VIII thcc it applies t. me-
chaLics employed by the day in the armor"s,
arsenas and navy yards. &c, OF the United
States Unpaid service in local or municipal
fire departments is not regarded as m office
within the intent Of the Executive order and
may be- performed by. Federal officers, provided
it do not Interfere with the regular and efficient
discharge of the Federal office of whi,h the
head of the department under which the office
is held Will be the Judge.
Employment by the day as mechanics OF la
borcrS in the armories, ar=enas, navy yards
SC, of the United Stst"s, does not constitute an
office If any kind and those thus employed are
net within the contemplation of thu Executive
order Mat:r wcrkmen and Others who hold
appointm hts from the Government, or from
any Dep ,rtlnent, WHETHER for fixed time or ut
the p cssure of the appointing power, ure en-
bracod within the operation Of the order.
By order of President
HAMILTON FISH.
Secretary of State