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 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.
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