19/ f 236— May, 1919 UNITED STATES .CIVIL SERVICE COMMISSION INFORMATION CONCERNING POLITICAL ASSESSMENTS AND PARTISAN ACTIVITY OF FEDERAL OFFICEHOLDERS AND EMPLOYEES III III "■jiliiii MAY, 1919 iiii q^-^4M7T WASHINGTON GOVERNMENT PRINTING OFFICE 1919 s^ JUN 21 1919 TABLE OF CONTENTS. Page. [. POLITICAL ACTIVITY OF COMPETITIVE EMPLOYEES. 1. Civil Service Rule I 5 2. Definition of political activity and scope of rule 5 3. Temporary employees — Leave of absence 5 4. Unclassdfied laborers 5 5. Conventions 6 6. Primaries — Caucuses 6 7. Committees ^ 8. Clubs 6 9. Meetings 6 10. Expression of opinions 6 11. Activity at the polls and for candidates 6 12. Election officers 6 13. New^spapers — Publication of letters or articles G 14. Liquor question 6 15. Contributions "^ 16. Candidacy for or holding local office 7 17. Executive order of January 17, 1873 7 18. Executh-e order of January 28,. 1873 7 19. Application of political-activity rule 8 20. Active candidacy for office excepted from rule not permissible- 8 21. Excepted offices 8 22. Eligibles holding local office 9 23. Executive order of May 14, 1909 9 24. Practice under the order 9 25. Executive order of February 14, 1912 9 26. Scope of the order 9 27. Woman suffrage 10 28. Betting or wagering on elections 10 29. Seeking legislation 10 30. Other forms of activity 10 31. Candidacy for presidential positions 10 32. Signing of petitions 10 33 Reinstatement 1 II POLITICAL ACTIVITY bF~PRESIDENTIAL OFFICERS AND IN- CUMBENTS OF UNCLASSIFIED AND EXCEPTED POSITIONS. 34. Executive order of July 14, 1886 11 35. President's letter of June 13, 1902 11 36. Departmental regulations 12 III. POLITICAL ASSESSMENTS. 37. Solicitation or receipt of political contributions by one employee from another — Section 118, Criminal Code 13 38. Circulars of solicitation bearing names of Federal employees 13 39. Sufficiency of indictments 13 40. Solicitation or receipt of political contributions in Federal build- ings — Section 119, Criminal Code 15 41. Letters addressed to Federal buildings 15 42. Letters delivered in Federal buildings 15 43. Discrimination on account of political contributions— Section 120, ^ Criminal Code I'' 44. Payment of political contributions by one employee to another — Section 121, Criminal Code 15 45. Penalties for assessments 1^ 46. Above offenses are felonies 15 (3) IV. POLITICAL COERCION. Page. 47. Civil-service act and rule 16 V. POLITICAL DISCRIMINATION. 48. Failure to contribute or render political service not prejudiciul__ 16 49. Political opinions and affiliations 16 50. Definition of discrimination 16 51. Wliolesale removals 16 VI. POLITICAL RECOMMENDATIONS. 52. Senators and Representatives 16 53. Disclosing politics 17 54. Letters disclosing politics or religion not to be considered 17 55. Recommendations for promotion 17 VII. POSTAL SERVICE EMPLOYEES. 56. Organizations 17' 57. Rural carriers 17 58. Fourtti-class postmasters 17 VIII. ATTEMPTS TO INFLUENCE LEGISLATION. 59. Right of petition 18 IX. JURISDICTION OF COMMISSION. 60. Investigations and recommendations 18 61. Policy of commission 18 INFORMATION CONCERNING POLITICAL ASSESSMENTS AND PARTISAN ACTIVITY OF FEDERAL OFFICE- HOLDERS AND EMPLOYEES. L POLITICAL ACTIVITY OF COMPETITIVE EMPLOYEES. 1. CIVIL SERTICE RULE I, SECTION 1, provides, in part, as follows: " Persons who by the provisions of these rules are in the competi- tive classified service, while retaining the right to vote as they please and to express privately their opinions on all political subjects, shall take no active part in political management or in political cam- paigns." 2. Definition of political activity and scope of rule. — Activity in politics in- cludes any activity pertaining to or connected with a party or parties controlling or seeking to control Government in the Nation, or in a State, county, or munici- pality. Any one of two or more bodies of people contending for antagonistic or rival governmental policies or measures is a political party. The fact that a campaign may not mean affiliation with any of the great national political parties or that the party may be a reform party is not material, for the reason that one of the primary purposes of the rule forbidding political activity on the part of competitive classified employees is to require them, in their political as well as their official actions, to avoid any act or display of partisanship on any pending political issue which might cause public scandal or unfavorable comment and offend persons who have relations with them in their official capacity. For an employee of the Government who is the paid servant of all citizens of all political faiths, publicly to display his partisanship with resj^ect to any pending issue is detrimental to the service; an employee could not, of course, be permitted to support such an issue and another employee forbidden to oppose it, and his partisanship, while pleasing to some, would be offensive to others. It is well known that reform or so-called nonpartisan campaigns are frequently more bitterly contested than campaigns conducted on strictly partisan lines, and however meritorious may be the reform sought to be at- tained, if the question is a political one a competitive employee may not take an active part in its discussion or solution. No attempt can be made in en- forcing the rule to distinguish between good and bad political activity and the fact that the political activity may be under the auspices of a religious organi- zation (as in the question of prohibition) or of a labor union (as in the matter of legislation on labor or other kindred questions) does not make it any the less prohibited political activity. 3. Temporary employees — Leave of absence. — Temporary or emergency em- ployees, substitutes, and persons on furlough or leave of absence, with or with- out pay, are subject to the rule. While an employee is in the competitive classified service and his name is carried on the rolls, the civil-service rules and regulations apply to him and he must refrain from their violation, even though he may not be rendering actual service to the Government. It is not permissible for an employee to take leave of absence for the purpose of work- ing for a ix)litical committee or organization or of becoming a candidate for an elective office with the understanding that he will resign his competitive position if nominated or elected. 4. Unclassified laborers. — Under the regulations for the navy-yard service, ap- proved December 7, 1912, unclassified laborers are made subject to dismissal for political activity in the same manner as are competitive classified em- ployees. Similar instructions have been issued by other departments placing the same limitations in regard to political activity on laborers in the unclassified service as are applied to competitive employees. (5) 5. Conventions. — The rule is held to forbid candidacy for or service as dele- gate, alternate, or proxy in any political convention, or as an officer or em- ployee thereof. It does not prohibit mere attendance as a spectator, but the person so attending must not take any part in the convention or in the deliber- ations or proceedings of any of its committees and must refrain from any public display of partisanship or obtrusive demonstration or interference or any activity which might cause scandal or unfavorable comment. 6. Primaries — Caucuses. — An employee may attend a primary meeting, mass convention, beat convention, caucus, and the like and may cast his vote on any question presented, but he may not pass this point in participating in its de- liberations. He may not act as an officer of the meeting, convention, or caucus, may not address it, make motions, prepare or assist in preparing resolutions, assume to represent others, or take any prominent part therein. 7. Committees. — Service on or for any political committee or similar organiza- tion is prohibited. An employee may attend as a spectator any meeting of a political committee to which the general public is admitted, but must refrain from activity as indicated in the preceding paragraphs. 8. Clubs. — Employees may be members of political clubs, but it is improper for them to be active in the organization of such a club, to be officers of the club, or members or officers of any of its committees or act as such, or to ad- dress a political club. Service as a delegate from such a club to a league of political clubs is service as an officer or representative of a political club and is prohibited, as is service as a delegate or representative of such a club to or in any other organization. In other words, an employee may become a member of a political club, but may not take an active part in its management or af- fairs, and may not represent other members or attempt to influence them by his actions or utterances. 9. Meetings. — Service in preparing for, organizing, or conducting a political meeting or rally, addressing such a meeting, or taking any other active part therein, except as a spectator, is prohibited. 10. Expression of opinions. — The right to express privately his opinions on all political subjects is reserved to the employee by the rule. He must confine himself to the private expression of his views and must refrain from political discussions or conferences while on duty or in public places ; he must not canvass a district or solicit political support for any party, faction, candidate, or measure. 11. Activity at the polls and for candidates. — An employee has the right to vote as he pleases, and to exercise this right free from interference, solicitation, or dictation by any fellow employee or superior or any other person. It is his duty to avoid any offensive activity at primary and regular elections, and he must refrain from soliciting votes, assisting voters to mark ballots, or in getting out the voters on registration and election days, acting as the accredited checker, watcher, or challenger of any party or faction, assisting in counting the vote, or engaging in any other activity at the polls except the marking and depositing of his own ballot. The rendition of service for pay, such as transporting voters to and from the polls and candidates on canvassing tours, even though such service is performed without regard to political party, is held within the scope of political activities prohibited by the rule. 13. Election officers. — An employee may not seek appointment or election to or serve in any position of election officer, except in positions refusal to serve in which is penalized by the election laAV of the State, and in the latter case he must not seek or solicit appointment or election, and if appointed without his solicitation must act impartially and without exhibiting partisan feelings or giving any appearance of partisan activity. 13. Newspapers — -Publication of letters or articles. — An employee may not pub- lish or be connected editorially, managerially, or financially with any political newspaper, and may not ^^Tite for publication or publish any letter or article, signed or unsigned, in favor of or against any political party, candidate, faction, or measure. An employee who writes such a letter or article is responsible for any use that may be made of it whether or not he gives consent to such use. 14. Liguor question. — Activity in campaigns concerning the regulation or sup- pression of the liquor traffic is prohibited. An employee mny be a member but not an officer of a club, league, or other organization which takes part in such a campaign. The rule does not prohibit temperance propaganda, but any en- deavor for or against the regulation, control, or suppression of the liquor traffic through political agencies is prohibited. The fact that the activity may be under the auspices of a religious organization does not relieve the employee from the necessity of obeying the rule. The rule does not exclude the employee from participating in discussion where no political issue is involved or from making an address on any moral or ethical subject, but when two or more parties or factions become engaged in a contest for rival or antagonistic measures or policies of control or regulation a political question is presented. 15. Contributions. — An employee may make political contributions to any com- mittee, organization, or person not employed by the United States, but may not under the rule solicit, collect, receive, or otherwise handle or disburse the same. (See provisions of the Criminal Code,, discussed in paragraphs 37 to 46.) 16. Candidacy for or holding local ofS^ce.^ — Candidacy for a nomination or for election to any national. State, county, or municipal office is not permissible. The prohibition against political activity extends not merely to formal announce- ment of candidacy but also to the preliminaries leading to such announcement and to canvassing or soliciting support or doing or permitting to be done any act in furtherance of candidacy. The fact that candidacy is merely passive does not take it out of the prohibition of the rule, and if an employee acquiesces in the efforts of friends in furtherance of such candidacy and does nothing to prevent them the rule is violated. Certain exceptions are stated in the follow- ing sections (17 to 27) : 17. Executive order of January 17, 1873: 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 Con- stitution 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 authority : And whereas it is believed that, with but few exceptions, the holding of two such offices by the same person is incompatible with a due and faithful discharge of the duties of either office ; that it frequently gives rise to great inconvenience, and often results 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, 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 marshals 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 operation of this order and may accept and hold appointments under State, Territorial, or municipal- 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 thisi order, and to see to the enforce- ment 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. 18. Executive order of January 88, 1873: Inquiries having been made from various quarters as to the application of the Execu- tive order issued on the 17th of 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 appoint- ment, 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 and 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 1 See paragraph 19. 8 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. Con- gress 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 in 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 mecha:nic or laborer 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.i 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. 19. Application of political activity rule. — Tlie Civil Service Commission has no function in the interpretation or enforcement of the above orders of Jan- uary 17 and 28, 1873, except in so far as they relate to the rule forbidding political activity by competitive classified employees and unclassified laborers. These employees, with some exceptions, are prohibited from holding any elective office or any office filled through appointment by an elected officer, board, or council. The provision of the Executive order of January 17, 1873, excepting from its prohibitions to hold local office " deputy postmasters, the emoluments of whose office do not exceed $600 per annum," is modified and amended by the subsequent Executive orders placing fourth-class postmasters in the competitive classified service and thereby subjecting them to the provision of section 1 of Rule I as to political activity, and further by section 4 of the regulations agreed to by the Department and the Commission and approved by the President on November 25, 1912, Avhich prohibits political activity by fourth-class postmasters, and applies to all offices of the fourth class of whatever compensation.'^ 20. Active candidacy for office excepted from rule not permissible. — The pro- visions of the Executive orders of January 17 and 28, 1873, permitting the holding of certain minor offices, do not relieve a competitive classified employee from the necessity of obeying the rule concerning political activity. The only difference between these and other elective offices is that candidacy for or holding such an office is not alone sufficient to constitute a violation of the rule, while it is sufficient in offices not excepted from the operation of the orders. If candidacy for any office, whether or not one of the offices mentioned in the orders involves or necessitates activity in political management or in a political campaign, such candidacy is prohibited by the rule. If, however, a competitive employee by becoming a passive or inactive candidate may secure election to one of the positions excepted from the operation of the orders, the rule is not vio- lated. In the case of offices not excepted from the operation of the Executive order of January 17, 1873, candidacy alone, even if passive, is regarded as a violation of the rule. 21. Excepted offices. — Persons in the executive civil service may be appointed to certain other positions which are held to be excepted from the operation of the order of January 17, 1873, provided the consent of the department under which the Federal office is held is obtained and the political activity rule is not violated, viz : Employees on Indian reservations may be appointed under State authority as deputy sheriffs or constables, as the requirements of the service demand, this action being necessary, as on all reservations which have been allotted and opened for settlement conditions arise wherein the Federal Government has sole jurisdiction over certain offenses and the State has jurisdiction over other offenses, and where there can be merged in one person the joint authority of a Federal and State officer, a serious difficulty in the administration of justice is removed. There is no objection to the holding of a small-salaried position in a municipal fire department. 1 See paragraphs 4 and 23. 2 See sec. 160, Postal Laws and Regulations. Under subsequent Executive orders certain other exceptions have been made, as indicated below : Officers and employees of the Department of Agriculture are authorized to hold State and territorial positions when such action is deemed necessary by the Secretary of Agri- culture to secure a more efficient administration. (Executive order of June 26, 1907.) State and county officials may be appointed special agents under the Bureau of the Census for the collection of cotton statistics. (Executive order of August 4, 1909.) The temporary office or moderator of a town meeting and offices of a like character are excepted from the operation of the order of January 17, 1873. (Order of August 24. 1912.) Employees of the Reclamation Service and the National Park Service may, with the approval of the Secretary of the Interior, accept appojptments as deputy State flsh or game wardens, if no compensation is attached to the position. (Executive order of July 9, 1914.) Laborers in charge of lights in the Lighthouse Service are excepted from the operation of the order of January 17, 1873. (Executive order of October 6, 1915.) Employees of the Treasury Department may, with the approval of the Secretary of the Treasur.v, accept appointment on any State, county, or municipal council of defense for purposes of mobilizing and conserving the resources of the country. (Executive order of April 14, 1917.) 22. EliglMes holding local office. — Eligibles who are holding a local office not excepted from the prohibitions of the order of 1873 must on selection and acceptance of any position in the competitive classified service or of unclassified laborer immediately resign the local office. The holding of a local office not excepted from the prohibitions of the order of 1873 is an absolute disqualifica- tion for appointment, and unless applicants are willing immediately to resign the local office in the event of selection for appointment their applications can not be considered. 23. Executive order of May 14, 1909 : Whenever in the opinion of the Secretary of the Navy a strict enforcement of the provisions of section 1, Rule I, of the civil-service rules would influence the result of a local election the issue of which materially affects the local welfare of the Government employees in the vicinity of any navy yard or station the Civil Service Commission may, on recommendation of the Secretary of the Navy, and after such investigation as it may deem necessary, permit the active participation of the employees of the yard or station in such local election. In the exercise of the privilege which may be conferred here- under, persons affected must not neglect their official duties nor cause public scandal by their activity. 24. Practice under order of May 14, 1909. — This order does not operate to re- peal that of January 17, 1873, so far as it applies to navy-yard employees, but merely provides for a waiver of the political-activity rule. It is not the prac- tice of the department to recommend or of the commission to grant under this order permission to bosses or head men, by whatever designation known, or to any person whose recommendations have, by regulation, any inffuence upon the employment, promotion, laying off, or discharge of other employees, to become candidates for local office, as in such case there would be temptation to use the power of their official positions to secure election. Prior permission must be obtained to engage in any political activity under the order. The order applies solely to local municipal elections. Therefore, under it, permission can not be granted for political activity in county affairs. The order does not apply to localities where the proportion of Government employees to the total population is negligible. 25. Executive order of February 14, 1912: ^ Employees of the executive civil service permanently residing in the following incor- porated municipalities adjacent to the District of Columbia will not be prohibited from becoming candidates for or holding municipal office in such corporations : In Maryland — Takoma Park, Kensington, Garret Park, Chevy Chase, Glen Echo, Hyattsville, Mount Rainier, Somerset, North Beach, Capitol Heights, Laurel. In Virginia — Palls Church, Vienna, Herndon. In the exercise of the privilege granted by this order officers and employees must not neglect their official duties and must not engage in national. State, or county political activity in violation of the civil-service rules, and if there is such violation the head of the department or independent office in which the person is employed shall inflict such punish- ment as the Civil Service Commission shall recommend. This order, which is recommended by the Civil Service Commission, is based upon the facts that a considerable number of the residents and taxpayers of the towns mentioned are employed in the Government service ; that service as municipal officers in such towns should in no way involve general partisan political activity, and that the principal of home rule and local self-government justifies such participation. 26. Scope of order of February 14, 1912. — The exception made in this case to section 1 of Rule I and the Executive order of January 17, 1873, does not extend to municipalities other than those specifically named, and Government employees residing in other towns than these who desire to become candidates 1 As amended by orders of May 5, 1914, May 26, 1914, and Mar. 9, 1918. 114912°— 19 2 10 for local office or to take an active part in political campaigns are not permitted by this order to do so. 27. Womau suffrage.— Those favoring or opposing the cause of woman suf- frage are subject to the same rules and restrictions regarding political activity as are applicable to the adherents or opponents of other political causes. 28. Betting or wagering on elections. — Betting or wagering upon the results of primary and general elections is penalized by the laws of most States and is regarded as improper political activity. 29. Seeking legislation. — Service as a legislative agent or lobbyist and all other activity in connection '