Evening star., 1939-08-12
Civil Service
Bans Municipal
.0fficeSeeking
Classified Employees
Already Holding
Posts Unaffected Yet
By J. A. FOX.

NNA ociFlCe employees no longer
may seek municipal Office in
nearby Maryland and Virginia be-
cause of the political ban of the
Hatch Act, the Civil Service Com
mission ruled today.
Temporarily. the commission left
undisturbed the status of Federal
employees who are already holding
offlce, announcing that this oues-
ton is still to be determined and
may await formal ruling bv the
Department of Justice.
Onder successive executive orders
dating back to 1912, Federal employees
VINO comprise the bulk of the pop
ulatlon IN nearby communities have
oeen permitted to hold public office
on the ground that this was in the
public interest. The commission be-
Aeves, however, that the sweeping
prohibitions of the Hatch Act will
pan this unless the Hatch Act is
amended
In view of the intent of the spon-
sofs OF the Hatch Act to apply civil
service restrictions to non-ciyil serv-
Ice employees it is expected that
these same bans will be applied to
office holders who are outside the
civil service.
Commission Statement.
The commissions statement on
the matter follows:
The United States Civil Service
Commission announced today that
under the Hatch Act employees in the
executive civil service will be pro-
hlbited from becoming candidates
for municipal office.
This has been permitted previ-
ously in certain municipalities ad-
Joining the District. Certain en-
ployes of Navy Yards, arsenals and
military establishments have been
permitted, likewise. to participate
actively in local elections. This will
not be possible under the Hatch Act
which provides that no employe in
the executive branch of the Federal
Government, or in any agency or
department thereof shall take anv
active part IN political management
VI III pOutlcal campaigns
Ihe commission has under con-
slderatlon the procedure which
should be followed by employees IN
the competitive civil service who
now hold Office under the authority
granted prior to the passage of the
Hatch Act. 1t is possible that it
Will refer this question to the De-
partment of Justice for decision.
Exceptions to Rule.
/ up to the time the Hatch Act
was signed the political activity of
CLASSIFIED employees was governed in
part by civil service rule l issued
by the President under authority of
the Civil Service Act of 1888.
Rule l reads as follows: No per-
son IN the executive civil service
snail use his official authority or
I lnfluence for the purpose of inter-
1erlng with an election or affecting
the results thereof. Persons who. bv
the provisions of these rules. are in
the competitive classified service
while retaining the right to vote q e
tney please and express privately
thelr opinions on all political SUBJ
Jects, shall take no part in political
management or political campaigns
1T was legally possible and also
ADVISABLE because of local conditions
10 make certain exceptions to rule
FOR example. employees in the ex-
ecutlve civil service permanently re-
slolng IN localities adjacent to the
District have for many wears been
permitted by executive order to be-
come candidates for or to hold NIL
nlclpal office. A large proportion of
the population of these communities
consists of employees of the Federal
Government.
A New Situation.
A new situation, however, arises
under the Hatch Act. AS it is an
act OF Congress, exceptions to it
cannot be made under an executive
order. The only exceptions which
could be made would be by action of
the Congress itself"
The Civil Service Commission rul-
ing settles question that has aei.
tated nearby communities ever since
the Hatch Act was signed Even
now, however, the question has not
been thoroughly canvassed inasmuch
as there are some instances where
officers have been elected but have
not assumed their duties and in con-
sequence their status is not clearly
defined.
The Civil Service Commission de-
clslon came Unexpectedly inasmuch
as 1t had been understood that
further conferences with the Depart
ment of Justice were in prospect be-
lore the point was passed on. Legal
ofhcers of the commission, however.
had been studying the problem for
some finae and -