The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-02-04
Au Explanation or the Prsoiaen2$s nN:
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Aa Explanation or she Prssiasats az
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DKgARTMEnT o1!GiAfH,
WASHINGTON, D. O., January -, 1879.
Inquiries having been made from ysri.
GUS quarters asIto the application ot the
Executive order issued on the 18th Of
January, relating to the holding Of State
and municipal Offices by persons holding
civil Offices under the Federal Govern.
ment, the President directs the follow.
ing reply to be made:
It has been asked whether tteordet
prohibits Federal officer from holding
also the office OF an Alderman, or Of a
Common Councilman in q city, or of
a Town Councilman Of village, or OF
appointment under city. town. or village
governments. By some, it has been
suggested that there may be distinction
made in case the Office be held with or
without salary or compensation. The
city or town officers of the description
Teierred TO, by Whatever names they mny
be locally known, whether held by cleo
tion or appointment, and whether with
or without salary or compensation, arc
of the GLASS which the Executive order
intends not to be held by persons holding
Federal Offices. It has been asked whe.
thor the order prohibits Federal officers
from holding positions on boards Of edu-
cation, school committees. public libra
ries, religious or eleemosynary institu-
tions, incorporated or established. or
sustained by State or municipal author
ity.
Positions and service on suoh boards
or committees and professorships in COL
leges are not regarded rs ''offioes" within
the contemplation OF the Executive or
der, but as employments or service in
which all good citizens may be engaged
without incompatibility. and in many
Gases without necessary interference
with auy position which they may hold
under the Federal Government. Officers
of the Federal Government may, there.
fore, engage in such service, provided
the attention required by suoh employ
ment does not interfere with the regular
and offioial discharge of the duties of
their off1co under the Federal Govern
ment. The head Of the department
under whom the Federal office is held
viii, in all cases, be the sole Judge whe.
ther or not the employment does thus
interfere.
The question has also been asked with
regard to the officers of the State militia.
Congress having exercised the power
conferred by the Constitution 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 Government, and is, moreover,
OF the greatest value to the public, tn g
Executive order Of 18th January is not
considered as prohibiting Federal officers
from being officers of tho militia in the
States and Territories.
It has been asked whether the order
prohibits persons holding Office under
the Federal Government heing members
OF local or municipal fire departments:
also, whether it applies to mechanics en-
ployed by the day in the armories.
arsenals and navy yards, &c., of the
Uaited States.
Unpaid service in local or municipal
ire departments is not regarded as an
office within the intent of the Executive
order, and may be performed by Federal
officers. provided it does not interfere
with the regular and efficient discharge
OF The duties Of the Federal office, of
which the head of the department, under
which the Office is held, will in each case
be the Judge. Employment 10y the day
as mechanics or laborers in the armories,
arsenals, navy yards, &C.. does not con-
stitnte an Office of any kind. and those
thus employed are not within the con-
temptation of the Executive order.
Muster workmen and others. who hold
appointments from the Government or
from any department. whether for q
fixed time or at the pleasure of the ap.
pointing power, are embraced within the
operation Of the order. By order of the
President. HAMILTON FISH,
Secretary of State.