Evening star., 1939-08-11
Hatch Act Rule
0nNearbyAreas
Is Due Soon
Murphy Studies Issue
Of Office Holding
By U. S. Employees

By U. S. Employees
The new political ban set up by
the Hatch Act does not prohibit
non-civil service Government en-
ployeS from expressing their politi-
cal preferences publicly so long as
they do not do SO as part of an
organized campaign. Attorney Cen
eral Murphy has ruled in an inter-
probation of the new laws restric-
tions.
Mr.. Murphy, in his first formal
pronouncement on the new act, told
reporters at press conference yes
terday that civil service employees.
however. are required by civil serv-
ice rules to confine their opinions
on political subjects to private ex-
preston.
Farley on Nearby Issue.
Shortly after the conference, it
also was made known that Justice
Department officials and represents
atives of the Civil Service Commits
sion will confer in the next few DAYS
to decide if Government employees
residing in nearby Maryland and
Virginia are to continue to exercise
the right to hold municipal office in
view of the new political activity
ban.
At his press conference, Mr..
Murphy had described the local
situation as offering a difficult
practical problem" in Interpretation.
| Until a definite decision is reached,
he said, the incumbents of such
positions are not to be disturbed.
In explaining his declaration with
respect to the status of non-civil
service employees, the Attorney Gen.
eral quoted from President Roose-
Velt's message to Congress approv-
ing the Hatch bill, in which ne
stated that non-civil service en-
ployes would not violate the act
If they should merely express their
opinion or preference publicly
orally, by radio, or in writing
without doing so as part of an
organized political campaign"
Mayors of several communities
have asked the Justice Department
to pass on the local Office holding
question, it was said. and sentiment
at the department is favorable to
permitting employees to continue to
function as ofhceholders if the law
will permit.
Hatch Explains.
Civil Service employees, while al
ways barred from political activity,
nave been permitted for more than
| quarter of a century by executive
order to hold Office in the communi-
ties where they comprise the bulk of
cltlzenry, on the ground that public
welfare was served by this course.
1t was not the intent of the Hatch
/ Act to disturb this status. as Senator
! Hatch Democrat. of New Mexico.
the author, explained in the Senate
that the law was designed simply
to apply to non-civil service workers
the political restrictions heretofore
imposed under civil service.
Whether the language of the law
folled this intent or whether il is so
broad that office holding will be
barred, is point on which officials
are not ready to pass without further
study.
Attorney General Murphy made
| public a circular letter to officials and
employees OF the Justice Department
and the courts, in which he said
that precedents established by the
Civil Service Commission in dealing
with political activities by those
employees under its jurisdiction will
be found instructive and helpful in
dealing with many of the problems
| that Will arise under the Hatch
law Where a particular situation
is not covered by these rulings. he
added. the department will pass on
the matter.
He pointed out that there is one
difference between the Hatch and
CIVIL service laws, explaining that
while civil service employees are re-
quired to conf1ne their opinions on
political matters to private express
sion." the word privately was
omitted from the Hatch Act.
"The important thing for the De-
partment of Justice in connection
with Hatch Act interpretations is
good faith" the Attorney General
said. To err, if we must on the
side of the law, but not to try to
interpret it away from the intent
of Congress" If anything. he
added, the department must lean
backwards in holding to a strict
construction of the statute.
The Attorney General said in re-
sponse to a question that Federal
employees who are members of the
Young Democrats could attend the
Pittsburgh convention which opened
yesterday, but when asked if they
could attend "as delegates" re-
Sponded: Il didn't say that"
Affected employees previously had
been given to understand by the
Civil Liberties Unit of the depart
ment that they could not serve
as delegates.