Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-07-03
0 N L Y T H IS YE A r
Judge Force on the Discharged Printers
Leaves of Absence.
Thinks the Appropriation Does Not
Apply to Past Years-Ths
Law Quoted.

Judge c. NJ. Force acting first controller
OF the treasury. has given a decision that
the printers recently discharged at the gov
ernment printing office are entitled to leave
Of absence pay for 1894 only. and not for
prior years, under the act for their relief
approved June 10. 1894. His views on this
subject are expressed In a letter he wrote
to Public Printer Benedict today, in which
he says:
Il am In receipt Of yours Of the 26th ulti-
mo, inclosing the bill Of VIM. c. Connor,
late an employe of your Office for leaves
Of absence earned by him, and unused,
during the period from September 30, 1890,
to the date Of his discharge, May 10, 1891,
said bill amounting to $176 You ask
whether you will be allowed credit for this
amount If paid by you, in the settlement
Of your accounts, in view Of the provisions
of the act Of Congress approved June 10,
1894 After a careful consideration of the
question 1 am of the opinion that the act
referred to does not authorize you to pay
Mr.. Connor's bill as presented. The first
clause OF said act In so far as 1t refers
to leaves of absence to employees and ex-
employees of your office, is as follows:
To enable the public printer to pay to
the employees heretofore or now employed
in the government printing office since July
l, 1888, such sums as may be due them fo-
leaves of absence, notwithstanding the fact
that thirty days leave of absence with
pay. had been granted to such persons In
said fiscal year on account Of services rem
dered in the preceding fiscal year
This clause authorizes you to pay
amounts due for leaves of absence earned
In the fiscal year 1894 to the classes of pe--
sons named, to wit, those now employed or
heretofore employed since July 1. 1893, anj
to enable you 20 do SO the provision of law
limiting the leave to thirty days in any
fiscal year is suspended. The second clause
reads as follows:
And also to pay all employees of the
said office any leave of absence which they
may have failed to obtain from the lack OF
necessary appropriations or other cause
This clause does not, in my opinion. au-
thorize you to pay Mr.. Connor for leaves
of absence earned by him in the fiscal years
1890. 1891 and 1892. said clause being in
| tended to cover the persons rendering serv-
Ice during the fiscal year 1894, but who are
not included In the classes Of persons re-
ferred to in the clause first above quoted
For instance, this clause, 1t seems to me
covers the case of those persons who did
not take thirty days leave in 1894. on ac-
count of 1893 whether their failure to dc
SO was caused by the lack of necessary
appropriations or other cause), and also
covers the case Of those persons who came
into the office in the fiscal year 1894. and
consequently, had no leave due them fol
1898, to be used in 1884. the failure to pay
their pro rata leave for services rendered
in the fiscal year 1894 being due to the lach
or necessary appropriat tions or other cause
I'm my opinion the $65 900 Appropriated BY
this act is intended to pay such sums as may
be due to any and all persons for leaves Of
absence to which they may be entitled or
account Of services rendered in the fsca
year 1894. The act not only valves the
provision Of law limiting the leave to thirty
days in any fiscal year, but also appropri
| ates for those who do not need the benefit
| of this waiver and who would except from
| the lack OF necessary appropriat ations ol
other cause" have been paid.
The third clause Is as follows:
Hereafter the public printer is author
| lied to pay pro rata leave Of absence ou
of any appropriation for leaves Of absence
| to employees Of the government printing
| office in any fiscal year. Notwithstanding
the fact that thirty days leave of absence
with pay, may have been granted to such
employees in that fiscal year on account Of
/ services rendered in a previous fiscal year
| This clause, in my opinion, is clearly pros
pective and will not authorize the payment
of Mr.. Connors bill. 1t simply provide.
that in the future leave of absence ma,
be granted Notwithstanding thirty days ha!
already been taken in that year on accoun
Of previous year.
In my opinion you are authorized to pay
| Mr.. Connor only such amount as may b,
due him for leave of absence on account o.
services rendered in the fiscal year 1894"