17. The Delaware River Telegraph Com- 26. New Jersey and New England Telepany, Philadelphia, Pa.

21. The American Cable Company of New 28. New York Land and Ocean Telegraph York, N. Y.

TITLE X I.

EXECUTIVE ORDERS AFFECTING THE POSTAL SERVICE.

1. President Grant's order in regard to United 2. Explanation of the foregoing order. States officers holding State and municipal 3. President Hayes's civil-service order. offices.

1.

EXECUTIVE ORDER IN REGARD TO UNITED STATES OFFICERS HOLDING STATE AND MUNICIPAL OFFICES.

By the President of the United States:

Whereas it has been brought to the notice of the President of the United States that many persons holding civil office by appointment from him, or otherwise, under the Constitution and laws of the United States, while holding such Federal positions, accept offices under the authority of the States and Territories in which they reside, or of municipal corporations, under the charters and ordinances of such corporations, thereby assuming the duties of the State, Territorial, or municipal office at the same time that they are charged with the duties of the civil office held under Federal authority; and

Whereas it is believed that, with few exceptions, the holding of two such offices by the same person is incompatible with a due and faithful discharge of the duties of either office; that it frequently gives rise to great inconvenience, and often results in detriment to the public service, and moreover is not in harmony with the genius of the government:

In view of the premises, therefore, the President has deemed it proper thus and hereby to give public notice that, from and after the fourth day of March, A. D. 1873, except as herein specified, persons holding any Federal civil office by appointment under the Constitution and laws of the United States will be expected, while holding such office, not to accept or hold any office under any State or Territorial government, or under the charter or ordinances of any municipal corporation; and, further, that the acceptance or continued holding of any such State, Territorial, or municipal office, whether elective or by appointment, by any person holding civil office, as aforesaid, under the Government of the United States, other than judicial offices under the Constitution of the United States, will be deemed a vacation of the Federal office held by such person, and will be taken to be, and will be, treated as a resignation by such Federal officer of his commission or appointment in the service of the United States. The offices of justices of the peace, of notaries public, and of commissioners to take the acknowledgment of deeds, or bail, or to administer oaths, shall not be deemed within the purview of this order, and are excepted from its operation, and may be held by Federal officers. The appointment of deputy marshal of the United States may be conferred upon sheriffs or deputy sheriffs; and deputy postmasters, the emoluments of whose office do not exceed $600 per annum, are also excepted from the operations of this order, and may accept and hold appointments under State, Territorial, or municipal authority, provided the same be found not to interfere with the discharge of their duties as postmaster. Heads of Departments and other officers of the government who have the appointment of subordinate officers are required to take

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notice of this order, and to see to the enforcement of its provisions and terms within the sphere of their respective Departments or offices, and as relates to the several persons holding appointments under them respectively.

By order of the President:

WASHINGTON, January 17, 1873.

HAMILTON FISH,

Secretary of State.

NOTE.-The President has modified the above order so as not to apply to post-offices the salary of which is less than $1,000.

2.

WHO ARE ENTITLED TO HOLD STATE AND MUNICIPAL OFFICES UNDER THE ORDER OF THE PRESIDENT.

DEPARTMENT OF STATE, Washington, D. C., January 28, 1873.

Inquiries having been made from various quarters as to the application of the Executive order issued on the 17th of January, relating to the holding of State and municipal offices by persons holding civil offices under the Federal government, the President directs the following reply to be made:

It has been asked whether the order prohibits a Federal officer from holding also the office of an alderman, or of a common councilman in a city, or of a town councilman of a town or village, or of appointment under city, town, or village governments. By some it has been suggested that there may be distinction made in case 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, whether held by election or by appointment, and whether with or without salary or compensation, are of the class which the Executive order intends not to be held by persons holding Federal offices.

It has been asked whether the order prohibits Federal officers from holding positions on boards of education, school committees, public libraries, religious or eleemosynary institutions, incorporated or established or sustained by State or municipal authority. Positions and service on such boards or committees and professorships in colleges are not regarded as "offices" within the contemplation of the Executive order, but as employments or service in which all good citizens may engage without incompatibility, and in many cases without necessary interference with any position which they may hold under the Federal Government. Officers of the Federal Government 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 Government. The head of the department under whom the Federal office is held will in all cases be the sole judge whether or not the employment does thus interfere.

The question has also been asked with regard to the 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 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 17th January is not considered as prohibiting Federal officers from being officers of the militia in the States and Territories.

It has been asked whether the order prohibits persons holding office under the Federal Government being members of 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 of 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, navyyards, &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 a fixed time or at the pleasure of the appointing power, are embraced within the operation of the order.

By order of the President:

HAMILTON FISH,
Secretary of State.

3.

POSTAL OFFICERS FORBIDDEN TO PARTICIPATE IE POLITICAL CAMPAIGNS, ETC. EXECUTIVE MANSION,

Washington, June 22, 1877.

SIR: I desire to call your attention to the following paragraph in a letter addressed by me to the Secretary of the Treasury, on the conduct to be observed by officers of the general government in relation to the elections:

"No officer should be required or permitted to take part in the management of political organizations, caucuses, conventions, or election campaigns. Their right to vote and to express their views on public questions, either orally or through the press, is not denied, provided it does not interfere with the discharge of their official duties. No assessment for political purposes on officers or subordinates should be allowed." This rule is applicable to every Department of the civil service. It should be understood by every officer of the general government that he is expected to conform his conduct to its requirements.

Very respectfully,

To the POSTMASTER-GENERAL.

R. B. HAYES.