The Washington times., 1902-07-20
Amendment to the Code
Sustained by Mr..
DuVall.
EFFECT OF THE DECISION
Opinion Rendered Yesterday by Cor
poration Counsel Far-reaching in Its
Ehect-Question to Be Taken Up by
Commissioners Shortly.

Every Saturday after u o'clock noon
is a holiday in the District of Colum-
bia for all purposes. Corporation Coun-
sci A. B. Duvall has so decided. and
unless it is found that his opinion is
erroneous the Commissioners will be
compelled to close all of the offices of
the District government and order Il
general suspension of District work in
the city according to the law.
Mr.. Duvall stated that if it had been
the purpose to make every Saturday
after Il o'clock noon a holiday only for
purposes relating to negotiable instru-
ments, that could have been readily done
by declaring every Saturday half holi
day within the meaning of this chap
ter"
The clause in question was inserted IN
the District appropriation act, and while
on its face it would seemingly only af-
feet the emploFes of the District govern
ment and the many business establish
ments that might be affected thereby, a
question has arisen as to whether or
not it cannot be made to effect the clos
ing of the departments of the General
Govern ment. 1t is possible that the At
torney General may be called upon for
an opinion in the matter. Mr. Duvall's
written opinion is quite voluminous, aDd
is as follows:
Mr.. Duvall's Opinion.
1 have duly considered your request
to be advised for guidance with respect
TO the District Offices whether the act
of Congress approved June 80, 1902,
amending the code of law for the Dis
trict of Columbia adds to the list of
holidays in the District of Columbia, for
all purposes, ''everv Saturday after u
o'clock noon.'
Among the amendments contained in
said act were certain amendments to
chapter &c of the code, entitled ''nego-
table Instruments which embraces
section 1904 to section 1898; five of the
sections of said chapter were amended
by striking out the word "act" therein.
and inserting in lieu thereof the word
chapter"
These amendments were doubtless
made for purposes of conformity, mas
much as said chapter 46 was a repro
duction of the act of Congress entitled
IAN act relating to negotiable instru-
ments within the District of Columbia, 3"
approved January u, 1893.
There was also an amendment to the
opening section Of said chapter. declar-
ing that its provisions were not appli-
20 inc 10
and delivered prior to January u, 1899.
The Question Raised.
The remaining amendment, namely.
the amendment to section 1889. raises
the question which was referred TO me.
Said section, as it stood, was in the fol-
lowing words:
=" When Negotiable instrument is
Payable'-Eyery negotiable instrument
is payable at the time fixed therein.
without grace. When the day OF ma
turity falls on Sunday or a holiday the
instrument is payable on the next sue
ceeding business day. Instruments fall
ing due on Saturday are to be present
ed for payment on the next succeeding
business day, except that Instruments
payable on demand may, at the option
OF the holder, be presented for payment
before u o'clock noon on Saturday,
when that entire day is not 4 holiday.
The following days in each year, name
ly, first day of January, commonly call
ed New Year day; the 22d day of Febru-
ary, known as Washingtons birthday;
the 4th day OF July; the Both day of
Hay, commonly called Decoration Day;
the first Monday in September, known
as labor's holiday; the 25th day of De-
cember, commonly called Christmas
Day; every Saturday after u o'clock
noon; any day appointed or recommend
ed by the President OF the United States
as a day of public fasting or thanksgiv-
ing, and the day of the Inauguration of
the President. in every fourth year,
shall be holidays in the District within
the meaning of this section. Wherever
any day set apart as legal holiday
shall fall on Sunday then and in such
case the next succeeding day shall be a
holiday, and in such cases and in all
cases in which Sunday and a holiday
shall fall on successive days all CONNER
cial paper falling due on any Of said
days shall. for all purposes Of present
ing for payment or acceptance, be deem
ed to mature and be presentable for
payment or acceptance on the next secu-
lar or business day succeeding"
For All Purposes.
BY the amendment the words with
In the meaning of this section" were
stricken out and in lieu thereof the
words 'for all purposes" were inserted
at the end of the fourth paragraph So
that the fourth paragraph now reads,
''the following days in each year. name
ly, the LIST day of January" etc
"every Saturday after u O'Clock noon
shall be holidays in the District for all
purposes"
The first and second paragraphs Of
said section 1883 were reproduction Of
section 50 Of said act OF Congress re- /
lating to negotiable instruments.
The two remaining paragraphs are
new matter-that is TO say the said act
Of Congress referred generally to holi-
days. while the code specifically enum-
Grated the holidays.
The history OF Congressional logisla-
tion upon the subject of holidays in the
District of Columbia is as follows:
History Of Legislation.
On June 2S, 1870 d6 stat. 1881. an
act was passed making certain days
holidays Within the District; the pro-
visions Of said act were carried into the |
Revised Statutes OF the United States
relating to the District of Columbia, !
and constituted section 1913. which |
reads;
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