within the contemplation of the Executive
order, but as employments or service in which all good citizens may be
engaged 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 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 the 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, etc., 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 and laborers in the
armories, arsenals, navy-yards, etc., 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_.
SECOND INAUGURAL ADDRESS.
FELLOW-CITIZENS: Under Providence I have been called a sec
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