Evening star., 1901-09-24
ARE LEGAL HOLIDAYS
Periods When the President Closes
the Departments.
DECISION OF CONTROLLER FRACEWELL
Matter of Interest to Government
Employees.
LAWS ON THE SUBJECT

Controller Tracewell has decided that the
three days on which the departments were
closed out OF respect to President Mckin-
ley's memory are not to be deducted from
the annual leaves of government clerks.
The matter is of great general interest in
the departments. The question was sub
mitted to the controller by Secretary Gage,
who inquired:
Secretary Cages Question.
'The President of the United States. by
an executive order dated September Is. 1Oi
directed that the executive departments in
Washington be closed on Tuesday, Wednes-
day and Thursday. September II, 'S and
10. 1901. out of respect to the memory OF
the late President Mckinley.
Your opinion is requested as to whether
or not this executive order made those
days legal holidays in the sense of the act
of February "a. 1899 go Stat, 800. provid-
ing that the thirty days annual leave or
absence that may be had during any one
year by the clerks and employees in the
departments shall be exclusive of Sundays
and legal holidays
The Controllers Reasoning.
In passing upon the question Mr.. Trace
we'll says:
The act of February "a. 1899. supra, in
the form Of proviso. but with no refer
ence to anything contained In that act,
contains the following provision: PROVIDED,
That the thirty days annual leave or ao-
sence with pay in any one year to clerks
and employees in the several executive de-
partments authorized by existing law shall
be exclusive of Sundays and legal holi-
days.
'sThe existing law authorizing annual
leave of absence with pay to clerks ana
employees in the executive departments Is
found in the act of March 13, 1898 GO
Stat 31G), and is as follows: Hereafter
il shall be the duty of the heads of the
several executive departments, in the IN
terest of the public service, to require OF
all clerks and other employees, of whatever
grade or class In their respective depart
ments. not less than seven hours of labor
each day. except Sundays and days de-
cared public holidays by law or executive
order: Provided, That the heads of the de-
partments may, by special order. stating
the reason, further extend the hours of
any clerk or employe in their departments,
respectively. but in case of an extension 1t
shall be without additional compensation;
Provided further. That the head of any de-
partment may grant thirty days annual
leave with pay in any one year to each
clerk or employe.
Attorney Generals OIney's View.
prior to the passage of the act of Feb
several executive departments relative to
charging Sundays and holidays occurring
during absence against the time of the alb
sent employe was not uniform (5 Comp.
Dec, 539D. On February 10, 1894. Attorney
General Olney, in response to an inquiry
from the Secretary of the Navy whether
in computing the annual leave and sick leave
under the first proviso of an act similar
in terms to the a. of March 15 1898, Sun
days and holidays occurring during alb
sence should be charged against the alb
sentee,' replied as follows:
"'Upon this question L am informed that
the practice of the different departments
has not been uniform No aid, therefore,
is afforded by departmental practice in the
solution of this question 1t has been the
practice of this department to charge Sun
days and holidays against the absentee
when they intervene during the period or
absence. That Is, If emplOye obtain
leave of absence from Monday to Saturday
inclusive he is not charged with any Sun
day as part of his period of absence. II.
however. his leave Is from Saturday to
Saturday, inclusive, he is charged with the
Sunday included in that period In the alb
sence either of general and uniform de-
partmenta1 practice, or OF specific direc-
tion from Congress, 1t is my opinion that
the practice OF this department is the cor
rect Interpretation Of the law
Attorney General Griggs' Opinion.
ION May IL, 1898, Attorney General
Griggs, in response to a similar question
from the Secretary of the Treasury. asking
as to the act of March Is, 1898, supra, re-
piled as follows Cd Op. Att. Gen, 7S:
81 have the honor to acknowledge re-
ceipt of yours of April 10 ultimo, directing
attention to section of the act approved
March Is, 1898; also to section Of the act
approved March g. 1893, and section Of
the act approved March 3, 1888, referring
to leaves of absence to be given clerks and
other employees in the several executive de-
partments of the government. and request
ing my opinion as to whether Sundays and
days declared to be holidays by law or ex-
ecutive order should be included in the an
nual leave to be granted under the terms
Of the act approved March 10. 1898.
"I think the first question propounded in
your communication Is answered Substan-
TALLY by the Attorney General in opin-
Ion rendered February 10, 1894 co Opin.
11S.
lin the act of March 8. 1888. in providing
for the hours of labor, Sundays and holi-
days SO declared by law or executive order
were excepted. This was the case in the
act approved March 3, 1893, and also in the
act approved March 10. 1898. So the laws
ir existence at the time Of the rendition Of
the opinion above referred TO were substan-
TALLY the same as the last act of Congress,
which is the act of March 15, 1S9S.'
1T will be noted that neither Attorney
General uses the words legal holiday
One speaks in general terms of Sundays
and holidays occurring during absence the
other of Sundays and holidays so de-
clared by law OF executive order and 1t
seems very clear that neither intended to
draw any distinction between holidays
created by law-i. e., legal holidays within
the technical meaning OF those words-and
holidays growing out of executive
order.
Subsequent to these opinions, which
were presumably adopted as rule of
guidance by the executive departments,
the act Of February 81, 1880 was passed,
which declared, In effect, that Sundays
and legal holidays should not be counted
against the thirty days annual leave of
absence authorized in the act Of March l5
1888. and the only question for decision is
whether the order OF the President d.
recting the executive departments In
Washington to be closed on September II,
is and 10, 1901, made those days legal
holidays within the meaning Of this act
1T may be doubted whether they were
legal holidays or public holidays within
the meaning Of section 993 Of the Revised
Statutes of the United States relating to
the District of Columbia making New
Year day, Christmas day, the Fourth of
July and day appointed by the President
as a day of public fast or THANKSGIVING