New-York tribune., 1873-01-30
WASHINGTON.
IvII. sEpuInR PED ULATIONS.

CIVIL SERVICE REQ ohAlio
EXCEPTIONS TO THE RECENT EA kCuri'E no1 oEDs a,s =,
RELATING TO FEDERAL OPPIN 'h"o hoAoiN
STATE OR MUNICIPAL OFFICES.
lGBNBRAL PRRss DIsPATCH1
WASHINGTON, Jan. 29.--The following onioi"
order has just been promulgated;
DEPARTMENT or STATE. WASHINGTON Jan. -. 1910
Inquiries having been made from various quart, 10
the application OF the Executive order issued on '
nth Of January, relating TO the holding OF State -
municipal Offices by persons holding civil Offices undh
the Federal Government the President directs the fol
lowing reply to bc made:
1t has been asked whether the order prohibits q
Federal officer from holding tho Office OF alder
Of "a common councilman of city or OF a town
councilman OF town village: or of appointments
under city, town, or village governments. BY some IL
has been suggested that there may be distinction made
in the Office be with without salary ~ compensa
ton
The city or town Offices Of tho description referred to-
by whatever they may be locally known, whether
held by election by appointment, and whether with
OF without salary or compensation, ara OF the class
which the Executive order Intends not 10 DO neld by
persons holding Federal offices.
II has been asked whether the order prohibits Federal
officers from holding positions on boards OF education,
school committees, public Libraries. religious elec-
mosynary institutions, Incorporated, established, or
sustained by State municipal authority Positions
and service such boards committees, and pofes-
sorships IN colleges not regarded as ooes within
the contemplation OF the Executive order. but as en-
poyments service which ali good citizens may be
engaged without incompatibility and in many cases
without interference with any position which they may
hold under the Federal Government
Oicers OF the Federal Government may therefore en-
gage in such provided the attention required by
such employment does not interfere with the regular
and efficient discharge OF the duties OF their oce under
the Federal Government The head OF the department
fI,o lof1pe ia held
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 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
thus under tho control Of the General
Government and Is Of the greatest value to
public the Executive order OF the nth OF January
not considered prohibiting Federal officers from
being officers of the militia in the states and Territories
1t has asked whether tho order prohibits persons
holding Office under the Federal Government beng
members of local municipal fire departments; also
whether 1t applies to mechanics employed by the day in
the armOries arsenas navy-yards etc, OF the United
States Unpaid service in local municipal fire depart
is not regarded Office within the intent Of
the Executive ORDER and may be performed by Federal
officers provided II do not interfere with the regular and
efficient discharge of the duties Of the Federal Office Of
which the head of tho department under which the office
il held will in each case be tho judge.
Employment by the day mechanics or laborers in
the armories, arsenals nayyyards &c, does not con-
stitute office Of any kind, and those thus employed
not within the contemplation OF the Executive ordor
Master workmon and Others who hold appointments
from the Government from any Departments, whether
for liked time at the pleasure of the appointing
power are embraced within tho operation OF the order
BY order of tho President.
HAMILTON FISH. Secretary Of state"