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, 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.
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