Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-01-30
IOFFICIAI I
DEPARTMENT oY STATE,
~ fQIQ &

DEPARTMENT ov STATE,
WASHINGTON, d. C., January q, 1873.
Inquiries having been made from various
quarters as to the application Of 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
Government, the President directs the following
reply to be made:
It has been asked whether the order prohibits
Federal officer from holding also the Office of
an alderman or Of a common councilman in %
CITY, or OF town councilman OF town or va
tage, or Of appointment under city, town or viii
lage governments. By some IL has been sug-
gested 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 referred to, by whatever names they
may be locally known, whether held by election
or by appointment, and whether with or with
ont salary or compensation, are 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 libra
ries religious or elementary institutions, incor-
pOrated or established, or sustained by State or
municipal authority. Positions and service on
such boards committees. and professorships
i'm colleges, are not regarded rs " offices" within
the contemplation of the Executive order, but
as emplOyments service in which all good
citizens may be engaged without incompatible
lty, and in many cases without necessary inter
ference, with any position which they may hold
under the Federal Government. Officers of the
Federal Government may. therefore, engage in
such service, provided the attention required by
such employment does not interfere with the
regular and efficient discharge of the duties Of
their office under the Federal Governm mt
The head of the department under whom the
Federal office is held will in all eases be the
sole Judge whether or not the 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
If 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, the executive order of the
18th January Is not considered as prohibiting
Federal officers from being officers of the militia
in the States and Territories.
1t has been asked whether the order prohibits
persons holding Office under the federal govern
ment being members of local or municipal fire
departments also. whether il applies TO mechan-
les employed by the day in the armories arsenale
and navy yards, &c, Of the United States.
Unpaid service In local or municipal fire de-
partments is not regarded as Office within the
intent of the executive order, and may be per-
formed by federal officers, provided il do not in
terfcre with the regular and efficient discharge
OF the duties of the federal ONCE, Of which the
head Of the department under which the office
is held will in each case be the Judge.
Employment by the day as mechanic. or
laborers in the armories, arsenals, navy yards
&c. does not constitute an Ofice of any kind ,
and those thus employed are not within the con-
temptation OF the executive order. Master
workmen and others who hold appOintne nts
from the government, or from any department
whether for a fixed time or at the pleasure Of
the appointing power, are embraced within the
operation Of the order.
By order Of the President.
HAMILTON FISH, Secretary of State.