The Washington times., 1903-07-14
AUTHORITY IN LAW
FOR EARLY CLOSING
Three Provisions for Short
Saturday in Departments.
FOUND IN DISTRICT CODE
Attorneys of Department of Justice
Fully Satisfied That Half -Holi-
day Is Warranted.

The attitude of Secretary Moody of the
Navy Department; Secretary Root of
the War Department. and Secretary Cor
telyou, OF the Department OF Commerce
and Labor. against the closing of the de-
partments at an early hour on Saturday
afternoons. which has been discussed
for number OF years. is controverted
BY the view taken at the Department of
Justice
The officers in charge OF this depart
ment-as is manifested in the continue
tion of the REGULAR early closing on
Saturdays-construe the law not only to
warrant the release OF the clerks at
O'Clock. but the establishment of a half
holiday for the DEPARTMENTS every Sat
urday. This is the broadest construction
OF the law evolved by the long discus-
sion which has followed the adoption OF
the District of Columbia code.
After the question was renewed last
week by Secretaries Moody. Root, and
Cortelyou, and the departments OF which
they are the heads remained open for
the full seyen-hour workday as q re-
suit. II was expected the matter would
other departments feared that their time
off Saturday afternoon would be curtail-
ed. but the day passed without any such
action elsewhere
An Opinion Requested.
Clerks at once raised the question as
TO whether an opinion had ever been
sought from the Department of Justice
on the subject
Il was learned at the Department OF
Justice today that no opinion on the sub
ject has ever been sought The depart
ment officials are not disposed to advance
an opinion without being asked to do So
Nevertheless the laws OF the District
have beer Investigated for the guidance
OF the Department of Justice and IT is
not disputed that the laws for one de-
partment would apply to all
Three Grounds for Closing.
II al least three places in tho code
of the Districti they have found authori-
~ for the early closing of the depart
ments on Saturday
The first is the authority of the Pres
ident TO create holidays. which it is said
would extend to the granting of half
holidays on Saturdays if the Executive
were so disposed.
The second provision Is that which
gives the heads Of departments the right
to excuse employees for day or parts OF
days. 1t is under this section that the
half hour Is allowed for lunch each day.
The third and the most important OF
all IS section 1883 OF the District code.
which provides that holidays therein
enumerated ami Saturday half-hoIIdays
should be granted in all Government de-
partments within the meaning Of this
section" The phrase quoted referred
TO the recognition OF holidays for COM
mercial purposes, and was intended to
refer only TO the Saturday half-hoiidays
This was enacted IN 1892. but it was
afterward found that the phrase which
confined the use of the half-holiday to
commercial purposes had extended 10
ell holidays and that the effect was 20
take away the authority OF the heads
OF the departments to grant leaves to
. clerks on any OF the recognized hoIi-
days.
Holiday "FOg all Purposes"
~ iNAntAg the AGllL A0uEFeES uIGllY
struck out the words within the mean
ing OF the secticn" and inserted in the
place for all purposes" II is said at
the Department OF Justice that the effect
OF the last change undoubtedly is 10
place the Saturday hals- holiday on an
equality With New Year Day. Christmas
and all other recognized holidays. l.
is said further that the term Saturday
afternoon can only be construed u
mean Saturday efter the noon hour. and
IL was therefore unlawful for the heads
of departments to compel clerks to work
on Saturdays after 1 p. IN.
An official Of The Department OF Justice
was asked concerning the effect OF this
construction OF the DlAt-ict law In thu
event clerks should begin actions for nav
for services for Saturday afternoons
since the amendment CT the section. Tho
answer was that made when this oues-
tion was first raised-tAat the heads OF
departments have authority 10 exact
extra t'm0 from clerks without extra
compensation and this would prevent the
recovery OF damages.