Provided, That the Secretary of the Interior shall expose the same at public offering for sale to the highest bidder in the legal subdivision not greater than one quarter-section when the same can be made, and not below the minimum price provided by law. And any land left unsold at such offering to be held thereafter for disposal as other public lands. Notice of such public sale shall be published for sixty days in two newspapers each, one published in the capital of the Territory, and the other circulating nearest the place of sale: Provided further, That bona fide settlers upon any part of said lands prior to the declaration of the reservation lines shall have a right to acquire title to the lands so occupied by them at said time, not exceeding one hundred and sixty acres each, under the land-laws of the United States. ADJUTANT GENERAL'S OFFICE, No. 89. Washington, July 10, 1874. The following Act and Joint Resolution of Congress are published for the information and government of all concerned: L...AN ACT to authorize and direct the Secretary of War to reserve from sale ten thousand suits of old and disused Army uniform clothing, now in the Quartermaster's department of the Army, and to transfer the same to the National Home for Disabled Volunteer Soldiers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and directed to reserve from sale ten thousand complete suits from the surplus stock of old and disused Army uniform clothing now in the Quartermaster's department of the Army, and to transfer the same to the National Home for Disabled Volunteer Soldiers, or, if complete suits are not on hand or cannot be supplied, the equivalent thereof in other clothing suitable for the disabled veterans of the National Home aforesaid. Approved June 18, 1874. II...JOINT RESOLUTION authorizing the issue of clothing to certain enlisted men of the Army. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized to issue to the enlisted men of company I, second regiment United States Cavalry; company H, ninth regiment United States Infantry; and company E, third regiment United States Cavalry, clothing in lieu of, and equal in amount to, that lost by them or rendered unfit for further use by their efforts to extinguish and prevent the spread of the fire which occurred at Fort Sanders, Wyoming Territory, on the twenty-third day of April, eighteen hundred and seventy convened under special order numbered fifty-nine, headquarters Fort Sanders, Wyoming Territory, of date of April twenty-fourth, eighteen hundred and seventy-three. No. 90. ADJUTANT GENERAL'S OFFICE, The following Executive Order and the explanatory letter from the Department of State are published for the information of the Army: By the President of the United States. EXECUTIVE ORDER. 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 anthority; 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 dities of either office; that it frequently gives rise to great inconvenience, and often reits 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 4th 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, er 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, of 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 six hundred dollars per annum, are also excepted from the operations of this order, and may accept and hold appointments under State, Territorial, or nicipal 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 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. Inquiries having been made from various quarters as to the application of the Executive Order, issued on the 17th January, relating to the holding of State or 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 appointments under city, town, or village governments. By some it has been suggested that there may be distinction made in case the office be with or without salary or compensation. The city or town offices 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 "otices" within the contemplation of the Executive Order, but as employments or service in which all good citizens may be engaged without incom patibility, 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 efficient 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 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. |