The Washington times., 1902-04-27
PAY FOR FOREMBN ON
SUSPENDED WORK
Comptroller Says 1t IS lnex-
pedient to Discharge Them.
MAY BE KEPT ON THE ROLLS
Important Decision Regarding District
Work Temporarily Stopped on Ac-
count of Bad Weather-Mr. Tracewell
Says Pay of Foremen May Go On.

Robert J. Tracewell, Comptroller Of the
| Treasury, has rendered the following de-
cision relative TO the payment of per diem
foremen. subformen, and inspectors for
periods when no force is engaged under
them by reason Of str SIS of weather.
The single question propounded by the
| Auditor, and upon which take 1t you de-
sire my opinion. is stated in the last par
agraph of his letter. The question as
stated relates to the authority of the
Commissioners to direct payment. This
is simply an academic question. The
practical question is whether such fore
man who daily reports for duty for the
period of several weeks at your direction,
when his gang on account of stress Of
weather is laid of and does no work, is
entitled to be paid per diem compensa-
tion for such period of suspended work.
1T is perfectly apparent that the over
seers aud inspectors provided for in the
act set out are not permanent employees.
but should be employed only as the ex-
igencies of the service require.
On Footing With the Laborer.
1.-THE foreman should no more be paid
than the laborer under him unless ii can
be said that he is engaged on the work
provided for in the act. His compensa-
tion must be paid from the appropriation
provided for work on which he is en-
gagged But If you should in your discre-
tion order a foreman of a gang to report
for duty on given day or days, when
his gang was not engaged at work because
Of stress of weather or for other causes.
and such foreman obeyed said order and
reported for duty and held himself in
readiness to perform his duties as such,
am inclined to think for such days he
would be entitled TO receive his regular
per diem, just as a clerk would in an
executive department who reported at
his desk and held himself in readiness to
perform the duties of his place. when no
work was given him 10 do.
Expediency Is Discussed.
81 can readily see how 1t would not be
in the interest OF economy or good gov
eminent for you to discharge foreman
or inspector. a person skilled in such
N,
work. and take chances OF hiring or re-
employing him when active operations
commenced on the particular piece OF
work to which the appropriation for
which his compensation is chargeable and
paid is applicable. On the contrary, in
view Of the fact that these people are
not permanent employees. ! cannot see
how II can be said that their compensa-
tion goes on regardless of the fact that
they are not engaged in experimenting
gangs or inspecting work.
Question of Administration.
1T seems to me on the whole that 1t
Is a matter of sound discretion vested in
you to order foreman to report for duty
when his gang is not at work. or opera
tions are suspended, and no inspections
are to be made. and 1t would only be
where such discretion is fagrantly abused
that a question could arise as to the pay
ment OF such foreman or inspector for
such periods. have no jurisdiction to In
struct OF render you any opinion upon
your administrative duties, nor have you
requested such expression of opinion"