The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-10-16
NOT ENTITLED TO PAY.
Men Employed on the New Printing
OH1ce Lose Their Case.

Of4ce Lose Their Case.
| Robert j. TraceweII. Comptroller Of the
! Treasury. this morning made public his
! decision in the matter as TO whether DAY
! laboTerS employed on the work at the
| new building for the Government Print
/ ing Office should be paid for the three
( days. September Z, IS. and I9 during
I which time all labor was suspended on
( this work on account Of the Obsequies
/ over the remains Of the late President Of
/ the United States.
Z The decision was rendered upon a re-
7 quest from the Secretary Of War whose
attention was called to the matter by the
/ Chief Of Engineers. L. 6. A and by
/ Capt J. 5. SeweH, Corps of Engineers. in
/ charge Of the construction Of the new
building.
/ In deciding the points involved in the
question. Mr. TraceweH referred TO the
/ joint resolution approved January 6. 1855.
and OF June 3 1884, and said:
/ 1t has been held that these statutes
apply only TO those employees who. al
though receiving per diem compensation.
( are permanently OF Continuously employ
/ ed whenever their services can be utilized.
and NOS TO such as are hired for tempo
1 rary service for a Few days at time
+ the service Of the latter class being mere
- 4A-N.-tAltii Ah tLitll mann GIN ltN .llL
/ elsewhere a Comp. Dec 1892. Lieut. Sew
/ ell designates the men whose pay is in
question as day Iaborers,' but as he
states that they are continuously en-
plOyed and that they are paid on the hOI-
days above named, It is assumed that
these men are per diem employees with
/ in tie meaning II the above statutes. and
/ that under the law they are entitled To
pay for the holidays named.
The direct question asked BY Iieuten-
ant ScweH is whether the Presidents or
der of September Il. IS. and 10. 1901 made
those days legal holidays in the same
sense as the holidays namCd-i- e..
brought them within the provisions of the
foregoing acts authorizing per diem en-
pIoyts 20 receive the same pay for these
holidays as on other days. To this there
, can be but one answer. When an act OF
CuugIes specifically names certain days
on which a certain thing may be done,
no other days than those named can be-
presumed to have been intended. and. in
deed, an other days must by implication
bc excluded This is "a primary rule Of
construction. and is EXPRESSED by the Ie-
. alterius. The provisions of the acts
above named cannot be extended 10 any
days not named therein.
4 gpErrheud, however. that the ques-
. ton which is really involved and to which
an answer is sought is Are per diem
employees entitled 70 pay ON days when
ing Of the departments and the suspension
Of public work by executive ordCr2
In the absence Of any law on the sub
Ject the compensation Of per diem en-
ployes is regulated by the terms Of the
contract made with them. and in the alb
seAce or any agreements made with them
they are, as general rule. % be- paid only
FOR services actually rendered In the
case Of employees IN the public service,
their employment and compensation are
IN some cases directly fixed by law. and
all contracts with them. either expressed
or implied. must De in conformity 20 that
law In other cases while their employ
Ment and compensation are not directly
nl>ed by law. they are none the less rggu-
lated and governed by the viii If Con-
STeSS as expressed in general statutes re-
leting 10 employment in the public ser
vice, which the executive and accounting
OOfhCeTs are bound 10 Obey
What. then is the viii Of Congress as
expressed by legislation. in regard to the
compensation OF per diem employee
Section 35fS Of the Revised Statutes
provides that in all cases OF contracts
for the performance Of any service pay
Weut shall not exceed the value Of the
service rendered previously TO such pay
ment- Payment for service not perform
ed would. therefore. unless otherwise au-
thQrlzed by law. De a gratulty and lie
gal The acts above noted, however. pro-
vide that per diem employees shall be- paid
on certain specified days which they
perform TO service. as on other days
The other days can only mean the
days on which they DO perform service
days for which they are paid on account
II their services and the days for which
they are paid only by virtue of the aC S.
When. therefore. Congress by express
statute authorizes payment 70 per diem
employees on certain holidays specifically
named. II by necessary implication for
bids payment on other holidays. or days
when no service IL rendered. If there
were any rights TO payment growing out
or the closing OF the departments on ac-
count Of the holidays named or on any
other days which were recognized by
Congress. there was no necessity for the
laws authorizing payment.
For the reasons given above I am
forced 90 the conclusion that there is no
authority Of iaw 20 pay per diem en-
ployes for DAYS on which the Departments
are closed and public work suspended by
executive order. and hence I must hold
that the day labGrerS engaged in the con-
structiou Of the new building for the
Government Printing once cannot be
paid for September i. IS. and %. 1901
unless they actually rendered service on
those DAYS"