The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-01-30
OFFICIAL.
Who AFRO Entitled to Hold State and
Municipal Offices Under the Re
cent Order of the President.

DEPARTMENT OF STATE, /
WASHINGTON, January %, 1873. !
Inquiries having been made from various
quarters as to the application of the exec
utive order issued on the 18th of January,
relating to the holding of state and NUM-
cipal offices by persons holding civil Of
fees under the federal government, the
President directs the following reply to be
made.
1t has been asked whether the order pro-
hibits federal officer from holding also
the office of an alderman, or Of common
councilman in city, or of a town council
man in town or village, or of APP
ernments. By some it has been suggested
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, wheth-
er held by election or by appointment, and
whether with or without salary or COM
pensation, are of the class which the ex-
ecutive order intends not to be held by
persons holding federal offices.
It has been asked whether the order pro-
hibits federal officers from holding positions
on boards of education, school committees,
public libraries, religious or elemosynary
institutions incorporated or established, or
sustained by the state or municipal au-
thority.
Positions and service on such boards or
committees or professorships in colleges
are not regarded as "offices" within the
contemplation Of the executive order, but
IS employments or service in which all
good citizens may be engaged without in
compatibility, and in many cases without
necessary interference with any position
which they may hold under the federal gov
eminent. Officers Of the federal govern
ment may therefore, engage in such service,
provided the attention required by such
employment does not interfere with the
regular and official discharge of the duties
of their office under the federal govern
ment.
The head of the department under whom
the federal Office is held will in all cases be
the sole judge whether or not the employ.
ment does thus interfere.
The question has also been asked with
regard to the officers of the state militia.
Congress having exercised the power con-
ferred 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, the executive order Of
18th January is not considered as prohibit
ing federal officers from being officers Of
the militia in the states and territories.
1t has been asked whether the order pro-
hibits persons holding office under the
federal government being members oil
local or municipal fire departments also,
whether it applies to mechanics employed
by the day in the armories, arsenals, and
navy-yards, &C., of the United States.
Unpaid service in local or municipal fire
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 oil
| the department under which the office is
held will in each case be the judge.
Employment by the day as mechanics
or laborers in the armories, arsenals,
navy-yards, &C., does not constitute an
office of any kind, and those thus employed
are not within the contemplation of the
executive order. Master workmen and
others, who hold appointments from the
| government or from any department
whether for fixed time or at the pleas
ure of the appointing power, are embraced
within the operation of the order.
By order of the President
| HAMILTON FISH,
| Secretary of State.