Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-01-23

FEDERAL OFFICERS FORBIDDEN TO HOLD
STATE OFFICES.

STATE OFFICES.
The following order has been issued
by the Presidents
By the Presjaeat If tie Uuited Stotes-
ErecuGCce 7s,5cT-
Whereas. It has been brought to the
notice of the President of the United
States that many persons holding civil
office by appointment from him, or
otherwise under the Constitution and
laws OF the United States, while holding
such Federal positions accept offices I'M
der the authority of the States and Ter
ritories in which they reside, or of munich
pal corporations under the charters and
ordinances of such corporations, thereby
assuming the duties of the State, Terri
torial or municipal Office at the same
time that they are charged with the du-
ties of the civil office held under Federal
authority; and,
Whereas 1t is believed that, with few
exceptions, the holding OF two such Off
crs by the same person is Incompatible
with a due and faithful discharge of the
duties of either office; that it frequently
givCs rise to great Inconvenience, and
often results in detriment to the public
service and moreover, is not in harmony
with the genius Of the Government.
In view of the premises, therefore, the
President has deemed it proper thus and
and hereby to give public notice that
from and after the fourth day of March,
1878, except as herein mentioned, per
sons holding any Federal civil office by
appointment under the constitution and
laws of the United States. will be eX-
pected, while holding such Office, mot to
accept or hold any Office under any State
or Territorial Government, or under the
charter or ordinances of any municipal
corporation; and further, that the ac-
ccptance or continued holding of any
such State, Territorial or municipal of
fee. whether elective or by appointment,
by any person holding civil office as
aforesaid, under the government of the
United States, other than judicial offices
under the Constitution of the United
States, will be deemed a vacation of the
/ Federal office held by such person, and
will be treated as resignation by such
Federal officer of his commission or APP
pOintmcnt in the service Of the United
States.
The offices of justices of the peace, of
nOtaries public, and of commissioners to
take the acknowledgment OF deeds, of
bail, or to administoI Oaths, shall not be
deemed within the puryiew of this order,
and are excepted from its operations,
and may be held by Federal officers.
The appointment of Deputy Marshal of
the United States may be conferred up
on Sheriffs or Deplty Sheriffs, and Dep
uty Postmasters, the emoluments of
whose office does not exceed 5000 per
annum, are also excepted from the oper-
ations of this order, and may accept and
hold appointments under State, Terrific
rial, or municipal authority, provided the
same be found not to interfere with the
discharge of their duties as Postmaster.
Heads of departments and other otfi-
GERS of the government who have the
appointment of subordinate officers, are
REQUIRED to take notice Of this order, and
to see to the enforcement of its prOvis-
ions and terms within the sphere of
their respective departments or offices,
and as relates to the several persons hold
| inc appointments under them respective
! ". BY order of the President.
HAMILTON FISH, Sec'y of State.
Washington, Jan. II, 1878.