The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-16

The printers. pressmen, stereotypers.
and other employees of the Census Printing
Office have grievance. They charge that
they have been Disseminated against in
the matter of leaves of absence, and also
that they are denied pay for legal holidays.
Some of the employees say that Director
Merriam is responsible for the discrimi-
1ation and that it is piece of spite work
IN his part because the printers defeated
She bill in Congress which authorized the
Director of the Census to have the Census
printing done by private contract
When Congress passed the bill author
tzing the Director of the Census to do the
preliminary printing for the Census and
providing for the bulk of the Census print
ing to be done at the Government Print
ing Office the printers union in this city
won a victory. II was thought at the time
that the Census Office printers would be
placed on the same footing as their fell
low-craftsmen in the Government Printing
Office, and SO they were in the matter of
compensation, but that was all. After the
act had been in effect for nearly two
months it was discovered that the lam
guage employed in the act relating to the
printers in the Census Office was doubtful
on the subject of leave of absence and pay
for legal holidays.
In order to have the question thus
raised passed upon, Director Merriam sub
mitted the matter to the Comptroller of
the Treasury, who rendered the following
decision:
The Comptroller's Decision.
ssTo the nirec.or of the CenEns.
Sir: i have received your letter OF the
2lst ultimo in which you say:
a I would respectfully ask whether the
employees of the printing division of the
Census Office. appointed under the pro-
visions of the act approved May 10, 1900
pub. No. aS), are entitled to leave OF
absence, with pay during such absence.
Under the act above referred to, the
employees of the printing division resigned
their positions, and were re-empioyed and
sworn in at a stipulated compensation per
hour
The act to which you refer provides:
u " That said Director of the
Census shall have power to ap-
point and employ such number OF skilled
mechanics and other persons in the en-
sus printing office as may be necessary 10
carry into effect the preliminary printing
and binding provided for in said act, at the
came compensation IS is paid for similar
work in the Government Printing Office.
The act making appropriation for the pub
lie printing and binding for the current fs-
cal year provides for salaries or conpensa-
tion of all necessary clerks and employees,
for labor (by day, piece, or contracD, and
provides:
e That in the expenditure of this appro-
priation the Public Printer may, during the
l. II
printers and bookbinders employed in the
Government Printing Office at the rae OF
80 cents per hour for time actually em-
ployed.'
The act pub. No. 1851 making appro-
priations for the fiscal year ending June 80.
1861, contains similar provisions.
Section of the act of March Is, 1888
(3o Stat. 3ls), provides:
:" That section 5 Of the act making ap-
preparations for legislative, executive.
ard judicial expenses, approved March 3, |
1893, is hereby amended TO read as fol- |
lows:
Hereafter it shall be the duty of the
heads Of the several executive Depart
ments in the interest of the public service,
10 require of all clerks and other employees,
of whatever grade or class, in their re-
spective Departments. not less than seven
hours of labor each day, except Sundays
and days declared public holidays by law
or executive order; Provided, that the
heads of the departments may, by special
order. stating the reason. further extend
the hours of any clerk or employe in their
Departments, respectively; but in case OF
any extension it shall be without addi-
tional compensation; provided further, that
that the head of any Department may grant
thirty days annual leave with pay in any
one year TO each clerk or employe:
" This section shall not be construed 10
mean that SO long as q clerk or employe
Is borne upon the rolls of the Department
in excess of the time herein provided for
or granted that he or she shall be entitled
to pay during the period of such excessive |
absence, but that the pay shall stop upon
the expiration of the granted leave
THE above act provides:
:. That the head of any Department may
grant thirty DAYS annual leave with pay
in any one year to each clerk or employe.
and 1t further provides that the heads of |
the Departments may extend the /
hours Of any clerk or employe;
but in case of an extension it shall be
without additional compensation
BY this section the head of a Depart
ment may by special order extend the la
Dor of any clerk or empioye any number |
of hours indefinitely, without additional ,
compensation
Such clerks or employees
"'of whatever grade or class are re-
quired to labor not less than seven hours |
each day and may be granted thirty |
days annual leave with pay in any one |
year.
The act of August ], 1892 (27 Sta, 300,
provides:
THAT the service and employment of |
all 1aborers and mechanics who are row
or may hereafter be employed by the Gov
eminent OF the United States. is |
hereby limited and restricted to eight |
hours in any one calendar day, and ii |
shall be unlawful for any officer of the |!
United States Government to re- |
chanic to work more than eight hours in |
any calendar day except in case of ex-
traordinary emergency
1T is understood that said act of Au- |
gust !. 1892 supra, is enforced in the |!
Government Printing Office.
Construction of the Acts.
I'm broad sense every person In Gov
eminent service is an employe but ! do
not think Congress intended by the words
clerk or employe' as used in section :, act |!
of March Is 1885, supra, whose hours of
Labor may be extended indefinitely without
compensation. and who may be granted
thirty days annual leave of absence with
pay IN any one year TO include laborers
and mechanics mentioned in the act of |
August 1, 1892 supra. who are employed
by contract and who cannot be required |
to work more than eight hours In any
calendar day except in case OF extraor-
binary emergency.
Aside from what ] have already said
is the head OF a Department authorized to
grant leave Of absence with pay to an en-
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