The opinion of the court was delivered by: GOURLEY
This is a petition for review of an Order of the United States Civil Service Commission under Section 12 of what is commonly known as the Hatch Act, 5 U.S.C.A. § 118k.
The appeal relates to whether the respondent, Aubrey D. Higginbotham, violated Section 12 of the Act, when, while serving as a maintenance mechanic for the Washington County Housing Authority, Pennsylvania, he ran for the office of, and was elected, alderman in the City of Washington, Pennsylvania.
The issues presented for determination are as follows:
(1) Does a person who is a candidate and is elected alderman in a municipality of the Commonwealt of Pennsylvania during his employment with a state housing agency subsidized in part by an agency of the United States violate the provisions of what is commonly known as the Hatch Act or is said person exempt therefrom?
(2) Does a person who is an employee of a state housing agency have a right under the Hatch Act to challenge the alleged illegal use of federal funds by said agency in maintaining separate but equal housing facilities for the white and the negro race when said practice is known to the Public Housing Administration?
(3) Does the appropriation and allocation of funds by the United States, which are knowingly permitted to be used by the Public Housing Administration, a federal agency, and used by the state housing agency for maintenance of segregated but equal housing facilities, bar the application of the Hatch Act to an employee of a state housing agency?
(1) Does a person who is a candidate and is elected alderman in a municipality of the Commonwealth of Pennsylvania during his employment with a state housing agency subsidized in part by an agency of the United States violate the provisions of what is commonly known as the Hatch Act or is said person exempt therefrom?
Section 12 of the Act provides, inter alia, as follows:
'No officer or employee of any State or local agency whose principal employment is in connection with any activity which is financed in whole or in part by loans or grants made by the United States or by any Federal agency shall (1) use his official authority or influence for the purpose of interfering with an election or a nomination for office, or affecting the result thereof, or * * *. No such officer or employee shall take any active part in political management or in political campaigns.'
The exemption part of Section 12 provides, inter alia, that officers holding elective offices ...