The Washington times., 1902-07-30
Important Ruling Made
by Comptroller Trace
well, of Treasury.
UPSETS PREVIOUS CUSTOM
DAYS of Absence Provided by Law to Be
Paid for in Future-Follows Decision
of Court of Claims - Thousands of
Employees Affected by Decision.

Mr.. r. ]. Tracewell, Comptroller Of
the Treasury, yesterday sent his decis-
ion regarding the pay of Government
Printing Office employees for work per-
formed on Sundays to the Public Printer.
The decision is of great Importance.
as II affects thousands of employees Of
the Government. and Is as follows;
Il have received your letter of the
18th instant. in which you request
decision whether under the provisions
of section 23 of the act of January II,
| 1895 t2S Stat, 60D. relating to the pub
lie printing and binding, and the acts
making appropriations to carry out
those provisions. the employees of the
Government Printing Office are entitled
to pay for thirty days. exclusive of Sun
days and legal holidays. when on leave
of absence. You state that since June.
1889. the Public Printer has been gov
erned in this matter by a decision OF
the First Comptroller of May IS, 1889, and
by the opinion of the Court of Claims
in the case of Harrison against United
States. rendered April 13. 1891, which
we're adverse to such payments.
las preliminary to the consideration
of the question involved. it may be
stated that a practice based upon and
in harmony with a ruling of the Comp
troller and an adjudication By the Court
of Claims which has been adhered TO
for more than ten years should not be
Iis urbed unless such practice is clear
~ shown to have been erroneous. or
ulfess some subsequent legislation
makes a different practice necessary and
proper. Section % OF the act of Janu-
airy y, 1895. supra. provides:
Leaves With Pay.
1.-The employees of the Government
Printing Office. whether employed by the
piece or otherwise. shall be allowed
leaves of absence with pay TO the ex-
tent of not exceeding thirty days in any
one fiscal year under such regulations
and at such times as the Public Printe!
may designate at the rate of pay re-
ceived by them during the time in which
said leave was earned; but such leave
shall not be allowed TO accumulate from
year to year Such employees as are
engaged on piece work shall receive the
same rate of pay for the said thirty
days leave as will be paid to day hands.
"The first act relating to leaves Of alb
sence with pay in the Government Print
ing office bears date of June 30, 1886 pa
Stat, 81. and as amended by the act OF
August ], 1888 t25 Stat, 1922, may be
written as follows: That the employees
OF the Government Printing Office
whether employed by the piece or 9th
erwise. be. allowed a leave of absence.
with pay, not exceeding thirty days in
anv one fiscal year. after the service OF
one year. and under such regulations
and at such time as the Public Printer
nav designate. Such employees as are
engaged on piece work shall receive the
same rate of pay for the said thirty
days leave as will be paid 10 day hands:
Provided. That II shall be lawful 10 al
| low pro rata leave to those serving frac-
tional parts of year.
In considering the then existing leg
| islation Comptroller Matthews, in a let
/ ter 10 the Public Printer. dated May IS,
1889, held that II an employe has been
/ granted leave for any period. not TO ex-
ceed thirty days, 'manifestly he should
! be paid the exact amount he would have
received If he had remained at his
/ desk, and no more.
Depends Upon Days.
"If this decision is correct. the
answer to your question is clear
The compensation of employees during
leave of absence depends not upon the
number of consecutive days In the Inova
but upon the number OF working days
| by which his pay is regulated, and
hence Sundays must be excluded from
the payment in all cases of per diem
! employees and piece workers. This is the