Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-12-13
NATIONAL GUARD CLERKS
Full Text Of Solicitor Reeves Opinion as to
Their LSavsRof Absence.
Why He ThfnkyT KBir Pay Should Not
Be withhold When Ordered
81
Out on Duty.

The text Of the opinion Of Judge Reeve,
solicitor of the treasury, on the question of
leaves of absence of government employees
who are members of the District National
Guard, referred to briefly in Wednesdays
Star, is as follows:
Acting Secretary Wike invites my atten-
ton to section 40 of the act to provide Cor
the organization of the militia of the Dis
trict of Columbia, and requests an opinion
whether the leaves of absence provided
therein for government employees are in any
way repealed or affected by section 5 of the
act approved March 3, 1893 vol -, Stat. at
Large, p. 715).
MY opn:cn is also requested touching
the status of the employees of the bureau of
engraving and printing under the special
act of July g. 1882, allowing thirty days
leave of absence to such employees.
Section 5 of the act of March g. 1893,
provides, among other things. that the head
of any department may grant thirty days
annual and thirty days sick leave with
pay, in any one year. to such clerk or en-
ploye. the sick leave to be allowed upon
personal illness only, or where some mem
Der of the immediate family is afflicted
with a contagious disease and requires the
care and attendance of such employe; and
in exceptional and meritorious cases. sick
leave may be extended in the discretion of
the head of the department, with pay, not
any one calendar year
This section relates expressly to each
and all of the several executive depart
n.ents and includes. therefore, the bureau
of engraving and printing in the Treasury
Department.
by act approved March l. 1859. Congress
passed an act to provide for the organiza-
ton of the militia of the District of Column
b;a Section 40 of this statute provides:
That all officers ard employees of the
United States and of the District of Co
luInba who are members of the National
Guard shall be entitled to leave of alb
sence from their respective duties, without
less of pay or time, all days of any
parade or e:lcampment ordered or author
lied under tie provisions of this act.
THE object of this statue was to enroll
the militia for the service of the United
States. or to aid the civil authorities in the
execution of the laws. or suppression of
riots. (SeC. ~
Section 10 prescribed that the active
militia shall be composed of volunteers, to
be designated the National Guard of The
District of Columbia. ard in case the mill
tia of the District Of Columbia are called
into service Of the United States. re-
quired for the suppression of riots. or to aid
civil officers in the execution of the laws.
they shall be the first to be ordered into
service.
Leaves of absence are granted to clerks
srd employees in the various executive de-
partmerts under act of March 5, 1S.rs, for
the purpose of rest and recreation. or
account or Sickness, &c. Inc leave means
absence from official duties for these pur-
poses by permission of the head of the
department. But the act of March l. 1889.
has a distinctly different object, which
is to enroll. organize and instruct the mill
tia in the science of military tactics. and
fit them for the highest service they can
be called upon to render to the country.
This service is not only arduous and ex-
acting. but in exigencies, that may arise
from internal disorder. or Invasion by
foreign foe, might be of paramount neccs-
sity and danger
1.-The intention of the act, and all acts
latng to ordinary leaves of absence, and
that of the act for the reorganization of
the militia in this District. are widely diff
ferent. One relates to the permission of
absence on account of sickness, or for rec
reation. etc, while, the other changes, for
a temporary period, the nature of the pub
lie service to be rendered by the clerk or
employe.
There is no CONFLICT or Inconsistency be-
tween the two az t. Both may we'll stand
together Unless there is a plain indica-
ton of an intention that the general act
shall repeal the special act, it will con-
tinue to have effect, Sutherland on Stat.
Con-, secs. 151-15S)
Il am therefore. of the opinion that the
leaves of absence provided by section 40 of
the act of March l. 1889. are not in any
way affected by section > of the act ap-
proved March g. 1893"