Evening star., 1901-10-16
P Err DIEM EMPL DYES
CONTROLLER'S DECISION As TO
THEIR PAY.
No Compensation Unless They Actual
1y Render Service to the
Government.

controller Traceweu has rendered an I'M
portant decision on the pay of per diem
employees OF the government. The following
question was asked by Capt. J. s. Sewell.
who is in charge of the construction OF the
new building Tor the government printing
office:
Il have the honor to request that a de-
cision may be obtained from the controller
OF the treasury as to whether day laborers
employed on the work at the new building
for the government printing office can be
paid for the three days. September IL. Is
and ID. 1901, during which time all labor
was suspended on this work on account of
the obsequies of the late President of the
United States.
Day laborers employed continuously on
this work are paid for legal holidays such
as Thanksgiving day, Christmas, ETC.. etc,
wnen such days are not Sundays. and II is
desired to know whether the President s
order or september 16, closing all execu-
tive departments on the three days named
made these days legal holidays in the
same sense as the holidays above named,
and whether laborers may be paid their
time for the same"
Legal Holidays.
The controller says that the joint reso-
luton approved January 8. 1885. provided:
''The employees of the navy yard, govern
engraving and all other per diem en-
ployes of the government on duty at Wash
ington or elsewhere in the United States
shall be allowed the following holidays, TO
wit: The 1st day of January. the 22d uay
of February. the 4th day of July, the 25th
day OF December and such days as may be
designated by the President as days for
national Thanksgiving, and shall receive
the same pay as on other days"
oRt of Obj Ctot
644), the same provision was made for the
pay or per diem employees on Memorial or
decoration day. they being by that act al
lowed that day as holiday. Labor day
was also made holiday.
Not Entitled to Pay.
The controller then says:
1t has been held that these statutes ap-
ply only to those employees who, although
receiving per diem compensation. are per-
manently or continuously employed when
ever their services can be utilized, and not
to such as are hired for temporary service
for few days at time, the service of the
latter class being merely incidental to their
main employment elsewhere a Comp Dec,
499).
Lieut.. Sewell designates the men whose
pay is IN question as day laborerS,' but
as he states that they are continuously en-
ployed and that they are paid on the holi-
days above named it is assumed that these
men are per diem employees within the
meaning of the above statutes, and that
under the law they are entitled to pay for
the holidays named
The direct question asked by Lieutenant
Sewell is whether the Presidents order of
September II, is and 10. 1901, made those
days legal holidays in the same sense as
the holidays named, 1. e., brought them
within the provisions of the foregoing acts
authorizing per diem employees to receive
the same pay for those holidays as on
other days. To this there can be but one
answer"
He refers TO the acts of Congress and
their meaning and to the legal standing of
temporary per diem laborers, and con-
cludes:
Il am forced to the conclusion that there
Is no authority of law to pay per diem
employees for days on which the depart
ments are closed and public work suspended
by executive order, and hence 1 must hold
that the day laborer engaged on the con-
struction of the new building for the gov
ernment printing office cannot be paid for
September II. IS and 10, 1901. unless they
actually rendered service on those days"