Evening star., 1903-07-15
FAVORS THE CLERKS
Statute Bearing on Depart
ment Hours Of Duty.
RECENT DISCOVERY
AGAINST LAW TO KEEP OPEN
AFTER 12 SATURDAY.
Said to Apply Not Only to Summer
Months, but to All Sea-
sons Of Year.
RECENT DISCOVERY

1t now looks as if the employees of the
War and Navy Departments may gain even
more than they lost by the decision reach
ed by Secretaries Root and Moody that they
were legally precluded from eXcusng the
clerks of their departments at 3 o'clock
Saturdays during the heated term by the
statute of 1895 governing the hours of labor
in the executive departments. Under that
statute the heads of the departments were
required to exact seven hours labor day
and to extend the time whenever necessary
in the interests Of the government. The
statute did not apply. however. to Sun
days and days declared public holidays by
law or executive order"
An examination of the subject has salts
fled several prominent lawyers that instead
of its being against the law to close the de-
partments at 3 o'clock Saturdays during
the summer months 1t is against the law to
keep them open after II o'clock Saturdays.
summer or winter. or during any season OF
the year. This opinion is based on the be-
lief that Congress has specifically made
Saturday holiday after II o'clock in the
District of Columbia for all purposes"
just the same as the Fourth of July. Christ
mas or any of the regular holidays. The
law on which they base their belief is con-
tained in section 1889 OF the Code of Laws
for the District of Columbia, enacted
March g. 1901, and amended by the acts OF
January 81 and June 80. / OF.
Text of the Section.
That section is follows.
Every negotiable instrument is payable
at the time fixed therein. without grace
When the day Of maturity falls upon Sun
day or holiday the instrument is payable
on the next succeeding business day. In
struments falling due on Saturday are to
be presented for payment on the next sue
ceeding business day, except that instru-
ments payable on demand may. at the op-
n hold ha
ment before IL o'clock noon on Saturday
when that entire day is a holiday The fol-
lowing days in each year namely. the first
day of January. commonly called New Year
day; the 22d day of February. known
as Washington's birthday: the Fourth Of
July; the S0th day of May commonly
called Decoration day; the first Monday In
September, known as Labor's holiday; the
18th day of December commonly called
Christmas day; every Saturday. after IL
CLOCK noon; any day appointed or recon-
mended by the President of the United
States as a day of public fasting or thanks
giving, and the day of the Inauguration of
the President, In every fourth year, shall
be holidays in the District for all purposes
Whenever any day set apart as a legal
holiday shall fall on Sunday. then and in
such cases and In all cases In which a
Sunday and holiday shall fall on success We
days, all commercial paper falling due on
any of said days shall. for all purposes of
presenting for payment or acceptance, be
deemed to mature and be presentable for
payment or acceptance on the next secular
or business day succeeding"
The Law Amended
In the original law 1t was specified that
the list of holidays given, including every
Saturday after Il O'Clock noon" should be
holidays in the District of Columbia with
in the meaning of this section" but the
section was subsequently amended by
striking out the words within the mean
Ing of this section and substituting the
words for all purposes" 1t is now held
that the change was designed and actually
put every Saturday after II o'clock noon
In precisely the same category of HOLIDAYS
as New Year day, Washingtons birthday
or any otter of the recognized holidays in
the llstrict on which the executive depart
ments are closed for business
zen. Davis, judge advocate general of the
army, Is one of those who think that Sat
urday is a half holiday In the District of
uons are concerned as well as for banking
and commercial purposes The uuestion
was presented to Secretary Root a day or
TWO after he had ruled that the seven hour
lapof uiN statute prevented the closing
or the War Department at 3 o'clock Sat
OfGayS, and he referred it to Gen Davis
Tor an opinion. Gen. Davis made a study
or the question and today advised the Sec
Tetary that in his opinion. the latest law on
the subject as contained in the code of laws
of the District. making every saturday
after II o'clock a holiday In the District
Tor all purposes applied to the business
or the government departments on that
DAY, and that 1t was much a holiday as
toned in the act. '
In view of Gen. Davis opinion II "a he
heved that the Attorney General win he
called upon by the President for an opinion
Sh ,he sunJect Tor the guidance of the
heads OF all the executive departments.
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