The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-04-25

The Comptroller of the Treasury has
received from the Commissioners Of he
District Of Columbia request for his de
cision Of questions relative to the pay
ment of per diem foremen. subforemen,
and inspectors for periods when no force
is engaged under them by reason Of stress
OF weather.
Decision of the Comptroller,
In passing on the questions, Nj Trace
well. he Comptroller. says:
The single question propounded by the
Auditor and upon which I take il 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 a payment. This
is simply an academic question The
practical question is whether such fore
man who daily reports for duty fer the
peFied Of several weeks at your direction,
when his gang on account Of stress Of
weather IS laid CT and does nc work. is
entitled to be paid per diem compeasa-
ton for such period OF suspended work
1T is perfectly apparent that the over
seers and inspectors provided for il the
act set ont are not permanent employees
but should be eup:a-ed enly as the ex-
igencies Of the service require
On Footing With the Laborer.
The foreman shculd no mere ne paid
than the laborer under rsrn unless 1t can
be said that he is engaged On the work
provided for in the act. His oomgensa-
ton must be paid from the appropriation
provided for wcFI, On ehicn Ne Is en-
gagged But II you should in ycur discre-
ton order foreman OF d gang to report
for duty on a 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 rs such
am inclined 10 think for such days he
would be entitled e receive his regular
per diem, just as a clerk would IL 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 to do.
Expediency Is Discussed.
y can readily see how it would not be
in the interest of economy or good gov
eminent for you to discharge foreman
or inspector, a person skilled in such
work, 1t every temporary cessation Of
work. and take chances Of hiring OF re-
employing him when active operations
commenced on the particular piece Of
work to which the appropriation FOR
which his compensation is chargeabIe and
paid is applicable On the contrary, in
view of the fact that these people ere
not permanent employees, cannot see
how it can be said that their compensE-
ton goes on regardless Of the fact that
they are not engaged in experimenting
gangs or inspecting work
Question Of Administration.
1T seems 10 ne on the whole that it
is a matter of sound discretion vested in
you TO order q foreman to report for duty
when his gang IS not at work, OF opera
tions are suspended, and no inspections
are to Re made. and it would only be
where such discretion is fagTantIy abused
that question could arise as TO the pay
nlent OF such foreman or inspector for
such periods. have no jurisdiction to in
stFuct or render you any opinion upon
your administrative duties, nor have you
requested such expression Of opinion"