Evening star., 1903-07-16
HALF HOLIDAY ISSUE
Action of District Commits
sioners Recalled.
EFFECT OF THE LAW
CoUNSEL'S VIEW
OF THE SATURDAY CLAUSE.
The Opinion Indorsed, but Offices Kept
Open on Account of Busi-
ness Conditions.

the government departments at 3 o'clock
Saturday afternoons and the possible APP
plication of the provision in the District
code which states that Saturday shall be
a holiday after II o'clock noon for all
purposes recalls the action of the District
Commissioners with regard to the same
subject year ago. The discovery as to
the provisions of the code on the Saturday
half holiday proposition is by no means
a new one. as has been made to appear in
some quarters although its relation to
the departments of the national govern
ment is a feature of the question taken up
now for the first time.
Mr.. A. B. Duvall, the corporation coun
sci, on July IS, 1902. rendered an opinion
to the Commissioners in which he held
that by reason of the amended provision
of the code, every Saturday after u
o'clock noon is a holiday in the District
of Columbia in the same sense and to
like extent as the other days enumerated
in said section 1899" The days enumerated
in the section are as follows:
The following days in each year. name
ly. the first day of January, commonly
called New Years day; the twenty-second
day of February, known as Washington g
brthdy; the Fourth of July. the thirtieth
day of May. commonly called DECORATION
day: the first Monday in September, known
as Labor's holiday; the twenty-tth day of
December. commonly called Christmas day;
every Saturday after II o'clock noon; any
President of the United States as a day of
public feasting Thanksgiving, and the
day of the inauguration of the President
in every fourth year, shall be holidays In
the District FOR all purposes"
Holidays Enumerated.
The section originally enumerated the
holidays and said they should be consid-
cred such within the meaning of this
section" the section relating to negotiable
instruments, such as promissory notes.
etc In the amended code the clause
within the meaning of this section was
stricken out and for all purposes in
serted. Commenting on this, Corporation
Counsel Duvall said:
"Whatever it's purpose may have been.
its legal effect was to place all of the des
ignated holidays on the same footing.
LAS above indicated, the amendment to
this section. now under consideration, was
departure in phrase from the other
amendments to the chapter, the change OF
phrase appearing to have been made ex
industria.
"If the intention had been to make every
Saturday after IL o'clock noon a holiday
only for purposes relating to negotiable
that could have been readily
done by declaring every Saturday half
holiday within the meaning of this chap
ter
II am, therefore. OF the opinion that by
reason of said amendment to the code 'ev-
cry Saturday after IL O'Clock noon Is
holiday In the District of Columbia IN the
same sense and to the like extent as the
other days enumerated in said section
1899"
Legal Point Raised. t
Concerning the legality Of keeping de-
partments open and conducting business on
holidays and Saturdays after II o'clock,
Mr. Duvall in his opinion. said:
"It will be observed that the only busi-
ness of any character prohibited by tho
code on these holidays relates to matters
concerning negotiable instruments. These
holidays therefore. are not to be classed
with Sunday. which at common law was
dies non juridicus-
Holidays, it seems" concluded the coun-
sci. have only the sanctity attached to
them by the particular statute, and all
business may be transacted on them eX-
cent such as is expressly forbidden"
In acting upon this opinion the Commits
sioners approved the position taken by the
corporation counsel, but decided as mat
ter of good administration that the Dlstrlci
offices should continue to remain open until
3 o'clock every Saturday, even though the
day be considered holiday after u o'clock.
Mr.. Macfarland's Opinion.
This action was taken in accordance with
the recommendation of Mr.. Macfarand.
president of the board, his statement Of
the case. being as follows:
II move the approval of the accompany
ing opinion of the corporation counsel.
dated July 49, 1902, with the understanding
that the District offices shall not be closed.
and the works of the District government
shall not be suspended, every Saturday at
- O'Clock noon In consequence of such ac-
ton
The opinion states that the only bust
ness of any character prohibited by the
code on these holidays relates to matters
holidays therefore, are not to be classified
with Sunday. which at common law was
dies non juridicus.
There is therefore, no requirement in
the law for stopping the operations of the
government of the District of Columbia on
Saturdays from II o'clock noon. 1t 1s
question of executive discretion, under the
limitations of the needs Of the public serv-
ice Under the exercise of this discretion
by the Commissioners the District Offices
have been closed on Saturdays at B O'Clock
for many years although the public works
of the District have not been suspended on
Saturday before the hour of suspension on
other days. This early closing of the Dis
trict Offices Saturdays the year round
is an exceptional practice In Washington,
and is not followed by any of the depart
ments Of the general government, although
all of them at one time or another have
closed at 3 o'clock on Saturdays during hot
weather.
Effect of Compliance.
"To close the District offices at u o'clock
noon every Saturday would deprive the
District. in the course of the year, of 1855
hours of service, or over twenty-five official
days of the ordinary seven-hour type To
shut down the public works and suspend
the other operations Of the District gov
ernment at II o'clock noon every Saturday
would seriously impair the efficiency Of the
public service. In either case per diem en-
ployes would lose half days pay every
Saturday.
"The Commissioners are obliged to repre-
sent to Congress every session that the
number of employees Of the District gov
ernment is insufficient to carry on It's op-
erations without overworking many of the
employees, and also that In many instances
the compensa ton allowed by law is not
commensurate with the prolonged and ex-
acting daily duties Of the employees The
Commissioners cannot we'll continue to ask
for an increase of force or for increases in
compensation. If they voluntarily give a
half holiday every Saturday to the officials
and employeS of the District government