National Republican., 1873-01-30
loFFICIALnl
DEPARTMENT or srArE,l

DEfANThNNT or hTAtEfl
wAsHISoToS, D. @, January D. 1873
inquiries having been made from various
quarters as 10 the application Of the executive
order, issued on the nth u January, relating
TO the holding Of State and municipal otficers by
persons holding clyil ofiiccs under the Federal
Government, the President directs the following
roply to be made:
II has been asked whether the order prohibits
Federal Onlcer from holding also the once Of
an alderman or Of common councilman In a
city, or Of al town councilman Of a town or VII
laHu, or Of appointment under city, town or VII.
aHe governments. by aOmc II has been suR-
gested that there may he distinction made IN
case the once be held with or without salary or
compensation. The city or town officers Of the
description referred to, by whatever names they
may he locally known, whether held by election
or by appointment, aud whether with or without
salary OF compensation, are Of the class which
the executive order intends not TO lie held by
persons holding Federal ofliccu.
II has been asked whether the orler prohibits
Federal Officers from holding positions on boaris
OF education, school committees, public libraries
religious or elementary Institutions, incorporated
or established or sustained by state or municipal
authority. Positions aud service on such boaits
or or T0nattees @ ana pt@icssoIsnips n colleges
platiOn Of the Executive order hut as employ.
ments or service In which all good citizens may
be engaged without incompathlity, aud In many
cases without necessary interference, with any
position which they may hold under the Federal
Government. OfliCers Of the Federal Govern
ment may, therefore, engage In such service,
provided the attention required by such employ
ment does not interfere with the regular and eif-
cent discharge Of the duties Of their once undor
the Federal Government The head Of the de-
partment under whom the Federal ONCE Ia held
will, IN all cases, no the sole Judge whether or
not tho employment does thus Interfere.
The question has also been asked with regard
to officers Of the state militia, Congress having
exercised the power conferred by the Constitu-
ton to provide for organizing the militia, which
ls 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, aud Is, moreover, Of the greatest value TO
the public, the executive order OF the nth jan
uary is not considered as prohibiting Federal Of
ncen from being Officers Of the militia In the
States and Territories,
II has been asked whether the order prohibits
persons holding once under the Federal Govern
ment being members Of local or municipal nre
departments also, whether u applies to mcchan-
les employed by the day In the arinorles, arsenals
and navy yards, Sc., OF the United States.
Unpaid service In local or municipal fire de-
partments Is not regarded as an ONCE within the
intent Of the executive order, and may be per-
formed BY federal ottlccrs, provided II do not In
terfere with the regular and sfilcient discharge
OF the duties OF the federal once, Of which the
head Of the Department under which the once
IL held will In each case be the Judge.
Employment by the day as mechanics or labor
ers In the armorics, arsenals, navy yards, &c.,
does not constitute an once OF any Kind and
those thus employed are not within the COntem-
plation Of the executive order. Master work
men aud Others who hold appointments from
the Government, or from any Department,
the appointing power, are embraced within the
operation Of the order
by order OF the President.
HAMILTON FIsn. Secretary Of State.