Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-10-14
ONLY NINETY DAYS LEAVE.
That is All Allowed to Sufferers by the
ForGs Theater Disaster.
Relief Must be Granted by Congress-
The Attorney General Gives an
Opinion ON, the Subject.

The Attorney Genera has given an orin-
ion to the effect that the clerks injured
in the recent catastrophe at Ford's Theater
must suffer loss Of pay w case they are
absent from their desks m sre than ninety
days. The opinion is address ed 10 tne sec
retary Of War. 1t was writ en- by Sohc-
itor General Maxwell and apprI wed by At
torney General Olney. 1t is as toiiows:
Il have the honor to acknowleds the re-
ceipt Of your letter of the 10th ins eant In
which you ask the following questi, ~ns:
1. Whether section of the legisia Nive,
executive and judicial appropriation vet
passed March g. 1888 CHAP 2l1, q stat y,
6lo), lis retroactive in that leave Of at =
sence prior to July i, 1888, should be con-
sidered in the present calendar Year,"
2. Whether, when an employe Of the
War Department has been granted a leave
OF absence OF thirty days on account of
sickness, the case being an exceptional
and meritorious' one. when to limit such
sick leave would work peculiar hardship
the head of the department has in his dis
cretion the power TO extend such sick
leave for a period Of sixty days. thus max
Ing a total Of ninety days absence. with
pay. on account of sicknessr"
Prior to the passage Of the act referred
to the subject was governed by section of
passed March 3, 1883, chap. LIS (Stats-
53l, under which the heads OF the depart
ments had authority to grant sick leaves,
with pay, In their discretion and without
limit as to time. In all other respects the
provisions Of the two acts are Identical.
The only purpose. therefore. of the act of
1893 was to restrict the unlimited discr =
tionary power which the heads of the de- :
partments then enjoyed of granting sick
leaves with pay. The restrictions imposed
are two The first relates to the ature of
the illness; the second to the time for
which the leave may be granted. The pro-
vision is that no such leave with pay, can
be granted even for a day, except in case
OF personal illness Of the employe, or when
some member Of his Immediate family is
afflicted with a contagious disease and re-
Quires the care and attendance of such en-
ploye, or where his or her presence in the
department would jeopardize the health of
fellow Clerks" and in all ordinary cases
the leave thus permitted is limited to thirty
days in any one calendar year.
But in exceptional and meritorious cases
where to limit such sick leave would work
the discretion Of the head Of the depart
ment. with pay not exceeding sixty DAYS in
any one case or In any one calendar year"
1 read this provision as authorizing, even in
the exceptional and meritorious cases men
toned, a total allowance on account of sick
ness Of not more than sixty days in any one
calendar year in any one case. Ii has been
urged that it authorizes the extension of
an original leave of thirty days for sixty
days additional so to make ninety days
in all The language is not entirely free
from doubt, but IL occurs as a proviso to a
statute which directs 1.-THE heads Of the sew
eral executive departments. in the interest
OF the public service. to require OF all clerks
and other employees OF whatever grade or
class. in their respective departments. not
less than seven hours of labor each day."
except Sundays and holidays, and must.
therefore, be strictly construed. 1 do not
read the proviso as being confined to cases
in which original leave is extended in the
sense OF being enlarged, but as authorizing
the head OF a department to extend. in the
sense Of to grant. sixty days sick leave in
any one calendar year where IL would work
peculiar hardship to limit the leave to thirty
days.
The act applies to the current year: no
exception is made with respect to absences
prior to the LIST Of July, 1893. and these alb
sences must therefore be taken into ac-
count in computing the total leave to which
an employe may be entitled during the cal
endar year ending December 81, 1893. In
| this view the act is not retroactive, because
II does not affect the case of one who has
had sick leave of more than sixty days
prior to July 1, 1893, except to provide that
such person shall have no further sick leave
with pay during the rest Of the year. The
rule adopted by Congress was Furthermore
known early as March 8. the date of
The passage of the act and employees were
in position from that time on to regulate
their applications for leave with reference
to its provisions.
I appreciate the merit and the hardship
OF the cases to which you refer, but relief
The heads OF the departments seem to have
no authority to grant leave with pay for
more than ninety days in any one case in
any calendar year.
Secretary Lamont's Letter.
The letter of Secretary Lamont on which
the above opinion is based calls attention
to the fact that certain employees of the
record and pension Office. injured in the re-
cent accident at Ford's Theater, have been
absent from the department over ninety
days during the present calendar year
These cases." he says. ARE in the highest
degree exceptional and meritorious,' and
unquestionably fall within the benefits OF
the most liberal Interpretation OF which the
act is susceptible. Another case before
the department, when to limit the leave
would work peculiar hardship is that of
clerk, who while returning from Gettys-
burg. Pa, on July last was so injured by
falling beneath a moving railway train as
to necessitate the amputation OF both feet.
He has been employed here for the past
thirty years. has been efficient In the per-
formance of his duties and is entirely
worthy of the most favorable consideration
the law will permit"
A NARROW ESCAPE.