ioners 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 $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 die 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.
By order of the President:
HAMILTON FISH,
_Secretary of State_.
DEPARTMENT OF STATE, _Washington, January 28, 1873_.
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 "offices"
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