The Washington times., 1902-07-30
PAY OF CLERKS ON
NATIONS HOLIDAYS

gist of the foregoing decision of the
First Comptroller, and, although he
gives no reason for the ruling therein
made. his meaning is reasonably clear
1T is not necessary, however, to rely
upon this naked ruling in determining
the law of this case. The same question
was before the Court of Claims in Har-
rison agt. United States supra, where Il
was deliberately discussed and decided by
the full court without dissenting opili-
ion. The statement of the question ana
the conclusion OF the court may be
briefly stated by quoting from the syl-
labus of the case:
Certain statutes provide that the
employees OF the Government Printing
Office "be allowed a leave Of absence.
with pay, not exceeding thirty days in
each fiscal year or pro rata leave
to those serving fractional parts Of q
year" under such regulations and at
such times as the Public Printer may
designate" An employe takes his leave
of absence and is paid for all working
days occurring during the leave. He
seeks to recover for Sundays.
Not Affected by Wages.
Held: Leave of absence Will not
affect the wages of the employe. II a
time worker he wifi receive precisely
what he would have earned during the
identical period of absence. If piece
worker the law commutes his earnings
at $500 day. and he is entitled TO what
time workers receive during the same
period.
In dismissing the petition of the
claimant the court in their opinion say:
In the present case the claimant was a
compositos in the Government Printing
Office from July 10, 1888. to September
%. 1889, and was employed sometimes on
time work and sometimes on piecework.
At the termination of the fiscal year,
the Both of June 1889, the leave OF alb
sence which the Public Printer might
allow to him for the fractional part Of
the fiscal year then ending was 25%s
days. On the 18th of August he was
granted a leave of absence from the 14th
of August TO the Sth OF September. be-
ing for 25ss consecutive days. On the
25th of September he ceased TO be an
employe in the Government Printing
Office.
s. For the period of 252s days of alb
sence the claimant was paid precisely
what he would have been paid If he had
continued at work; or, to state it in
another way, he received for his alb
sence from August II to September
precisely what other men who remained
in the Printing Office received for their
work. He now seeks to recover more.
During mis- leave OF absence there were
four Sundays; on those four Sundays the
Office WIS closed the men did not work,
and consequently we're not paid; and
81. u. a.. h.
payment of the men when not at work
were according to the usage of the es
tablishmat. The first question. there
fore whi,h is presented by the case is
whether the words OF the statute, "a
leave OF alsence with pay" refer to the
pay which the recipient would have re-
ceived during the period of absence If
he had not been absent or whether they
mean that re should receive pay during
his absence for Sundays, 1. e., for days
which were not working days. and for
which the cher men not on leave re-
ceived no pay.
Discretion of Public Printer
"'The acts Of 1886 and 1883 provide
that the Pubic Printer, in his ciscre-
tion, may gran a leave of absence which
shall not exced thirty days in a fiscal
year with pay" Whether this pay"
shall be the hy which the employe
would have received II he had not re-
ceived leave o. absence. or whether it
shall be pay for a-ory day Of the leave.
is the question {, be answered. In CIV
ing an Interpretation to the enactments
the court cannot onfine its inquiries to
a single isolated ase. but must ascer-
tain and define theintent of Congress by
pushing the inquif to the full extent
of the scope and oeration Of the stat
uteS.
There are 312 gorking. days in the
fiscal year ending Tune &c. 1889. For
those days or for thu year, a man doing
time work in the Gvernment Printing
Office was entitled t, receive under the
statutes and the conttct S99S. 40, whether
he was present OF wether he was alb
sent. provided alwaysthat IL absent he
was absent with leavelnd that the DAYS
of absence did not eSeed thirty. The
subject of the absence Or the fiscal year
was a matter between he Public Print
eI and himself, inter exclusively
within the official discrtion of the Pub
nnal Nsr.f-,~,,