Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-10-20
FREE TO CONTRIBUTE
EXECUTIVE ORDER ISSUED BY
THE PRESIDENT.
Attention Of Federal Employees Called
to the Provisions of the Civil
Service Law.

President Roosevelt has issued the follow
ing executive order:
On request of the civil service commits
sion. the Attorney General has submitted
to me the following opinion:
Your note of the 18th instant requests
me to advise you relative to the subject of
political contributions shown by the re-
spectlve correspondence which you inclose
between the civil service commission and
officers of the republican state committees
of Pennsylvania and Ohio.
In the Pennsylvania case it appears that
recently circular letter was issued
by the republican state committee,
signed M. S. Quay, chairman stating that
financial assistance is needed in the COM
ing congressional and state election and
that the committee will be greatly obliged
II the addressee will aid to the extent of his
ability and inclination. This circular let
ter bore in its caption well the name of
Senator Quay chairman, and of w. r.
Andrews clerk to the Senate committee
1mmiEration) as secretary, and was sent
by mail to various federal officers and en-
ployes at their home addresses. Upon adj
vice from the commission that because of
their official relations neither Senator Quay
nor Mr.. Andrews could properly serve upon
a committee concerned in soliciting and re-
ceiving political contributions from federal
officials, or permit their names to be held
forth in letters making such solicitation,
the circular letter, so far as addressed to
federal officials. was withdrawn. 1mme-
d1ately thereafter another circular letter
was issued in identically the same form,
except that it bore the signature of the
treasurer of the committee, who is not
federal ofticeholder. The commission pointed
out the 1legality of this circular, because
1t carried on its heading the names of Sen
ator Quay and Mr. Andrews. and directed
its recall, and this ruling is now contested
by Mr.. Andrews
In the Ohio case a circular was issued by
the republican state executive committee
bearing the names of Mr.. Charles Dick
(member of Congress- and of various federal
officials, and stating that any assistance
winch the addressee can give as one of
those directly interested in party success in
Ohio will be gratefully acknowledged 1t
seems that this circular was sent to GER
tain federal officials, that the commission
demanded its withdrawal and that the
executive committee declines or neglects
to accede to this demand.
The question presented is covered by
section IL of the civil service act, which
provides
That no senator or representative, or
territorial delegate of the Congress, or SEN
ator, representative or dclegate-elect, or
any off1cer or employe of either of said
houses, and no executive, judicial, military
or naval officer of the United States, and
no clerk employee of any department.
branch or bureau of the executive, judicial
or military or naval service of the United
States shall, directly or indirectly, solicit
or receive. or be In any manner concerned
in soliciting or receiving any assessment
subscription or contribution for any politi-
cal purposes whatever, from any officer,
clerk or employe of the United States, or
any department, branch or bureau thereof,
or from any person receiving any salary
or compensation from moneys derived from
the treasury of the United States
WhateVer the particular form of words
adopted in such circulars in order to show
request rather than a demand, and to
give TO responses q quasi-VOluntary char
acter, the explicit and comprehensive words
of the statute, forbiddng those barred by
their public relations to solicit from fed
eral officials, directly or indirectly or to
be an any manner concerned in soliciting
or receiving any assessment. subscription
or contribution for any political purpose
whatever, unques tionably condemn all such
circulars. They should not be sert to fed
eral officials, or else they should not bear
the names of the public officers and en-
ployes designated in the act In 81 OPP.
800 Attorney General Harlan said:
All who are in the government service
are thus protected against the possibility
of actual coercion, and from that of the
coercion implied in the relation of the per
son soliciting or receiving to the govern
ment or implied in solicitation or receipt in
public office; but Congress did not at
tempt to prohibit solicitation by or pay
ment to persons not In the government
service otherwise than in government Of
fees
1T is also pertinent to notice section IA
of the act viz:
THAT no officer, clerk or other person IN
the service of the United States shall, d.
rectly or indirectly, give hand over to
any other officer clerk or person in the
service of the United States, or to any SEN
ator or member of the House of Represent
tatives or territorial delegate any money
or other valuable thing on account of or to
be applied to the promotion of any political
object whatever
You power to direct, by appropriate or
der, under the mandates of these sections,
all persons in the executive service of the
United States is clear"
l hereby call the attention of all officers
and employees in the federal service to the
foregoing opinion, and warn them that the
provisions of law therein construed are
to be by them obeyed and enforced.
Any official in the federal service may,
without jeopardy to his official standing
contribute or not, exactly as he pleases,
provided he obeys the sections of the civil
service act above referred to-
THEODORE ROOSEVELT
White House, October IS, 1902