Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-25
THE HOURS OF LABOR
Alleged Defect in the 4::30
PM. Order.
AN OFFICIALS VIEW
CLERKS ENTITLED TO THEIR SAT-
URDAY AFTERNOONS.
Opinions Rendered by the Attorney
General and the Controller Of
the Treasury.

An official of the government who does
not care to have his name mentioned has
discovered what may be regarded as a Sc
rious omission defect in the order re-
Gently issued extending the hours of labor
in the departments until 4:30 o'clock. 1t is
with special reference to Saturday after
noon. The point made is that Saturday
afternoon Is a holiday IN the District of
Columbia, and the statute requiring seven
hours labor day expressly excerpts Sun
days and days declared public holidays by
law or executive order" Although the
statute provides that the heads of depart
mentS may by special order further extend
the hours of service of any clerk or en-
ploye in their departments without addi-
tfonal compensation, it is also provided
that when such extension is made the rea-
son therefor shall be stated.
The order extending the hours is as fol-
lows:
Extension of the Work Day.
THE act of Congress of March Is, 1893,
provides as follows:
THAT it shall be the duty of the
heads of the several executive depart
ments, in the interest of the public service,
to require of all clerks and other employees
of whatever grade or class, in their re-
spective departments. not less than seven
hours of labor each day except Sundays
and days declared public holidays by law
or executive order: Provided, That the
heads of the departments may, by special
order, stating the reason. further extend
the hours of service of any clerk or en-
ploye in their departments, respectively;
but in case of extension 1t shall be without
additional compensation
In order more effectually to comply
with the above provision of law, it is
hereby ordered:
Il. On and after Monday, January III;
1904 the hours of labor for all clerks and
employees of whatever grade or class In
this department who have hitherto been
required TO work from am to pm. will
be from a m. to 4:30 pm, with an allow
ance of one-half hour for luncheon.
- The foregoing provision will apply to
all Saturdays except during the months OF
July. August and September. During those
months the hours of labor on Saturdays,
unless otherwise ordered, will be from y
M to 1 pm, without any allowance Tor
luncheon.
Special Order Necessary.
The point made is that, Saturday being
public holiday after l. o'clock, the en-
ployes can be employed beyond that hour
only by the issue of special order, stat
ing the reason" for such extension OF
hours It is stated that no such special
order has been issued i'll the case OF any
The claim is made that there
is no reason why the departments should
not close at u o'clock on Saturdays, WIN
ter as well as summer, unless special Or
derS Issued by the leduS tHeIeol CA
tending the hours of labor on that partlcu-
lar day 1t is admitted that this condition
mi ght be easily met by the department Oh
ficials but that does not affect the conten-
tion that unless such orders are issued tne
employees are legally entitled to the beneht
of the statute making Saturday holiday
in the District after II o clock NJ
In connection with the recent order Ior
the daily closing of the executive depart
ments at 4: 80 o'clock and at L O'Clock on
Saturdays during the months OF July, Au-
gust and September quota tons from the oe-
cision of the Attorney General ana the con
troller of the treasury bearing upon the su"-
ject are OF interest.
The Attorney Generals Opinion.
The opinion of the Attorney General was
rendered in accordance with the request Oh
the Secretary of War, and is, in part, as
follows:
II am of the opinion that under the code
of the District as amended, every Saturday
after ~ o'clock noon is a holiday therein
for all purposes to the same extent ana
upon the same footing as Christmas day,
July Fourth. etc. There is no law making
business affairs on those holidays created
by the District code. neither is there any
thing in the legislation by Congress abso-
Iutely requiring that the executive depart
ments of the government be closed and the
clerks and other employees therein be re-
leased from work on such days.
Wherefore L have the honor to advise
you
Il That every Saturday after Il O'Clock
noon is a holiday for all purposes within
the District of Columbia. and is therefore,
one of the days declared public holidays by
la W. within the meaning of the statutes reg
ulating the number of hours of labor which
il is your duty to require OF all clerks and
other employees of your department. You
are. consequently. not obliged to require
la Dor by such parties after the hour OIL noon
on Saturdays
- Under the law as it now stands. you
mast require at least seven hours labor of
all clerks and other employees in your de-
partment every day in the year. except ON
Sundays and those days declared to be holi-
DAYS by section 1899 of the code of the Dis
trict of Columbia. and during authorized
leave 1t is also clear that you have the
right, and if in your Judgment the interest
of the public service demands such action,
it is your duty. by special order stating the
reason. to exteLd the hours of labor on or
binary DAYS as you may think proper, and
TO require of clerks and employees in your
department that they work on any or all
holidays nov established by law during the
hours you may designate in such an order.
There seems to be no room for doubt In
the mind of the Attorney General that Sat
urday is half holiday for all purposes"
within the District of Columbia. In all re-
spects similar 10 the other holidays legally
observed. such New Year day, Decora-
ton day. the Fourth of July. Thanksgiving,
Christmas. SC.
He also makes 1t clear that the heads
of the executive departments may extend
the hours OF service only when 'the in
terest of the public service demands such
action" and only by special order, stating
the reason
II would seem, however, that the author
ity to extent the hours of service Is not
limited to the days upon which by law serv-
Ice is required. but may be extended to in
clude legal holidays and Sundays-which
would seem to be extension of the days
rather than the hours of service-and that
this proviso in the law is not intended
merely to meet a temporary necessity, but
to authorize a permanent extension of the
laws and days of service definitely fixed
by law. This permanent extension is now
in operation in the case of the Saturday
legal half holiday.
IL Is also made clear that In no case Is
such an extension of the hours of service
authorized except by special order stating
the reasons"
The Controllers Opinion.
In connection with this case the controller
of the treasury some time ago rendered the
following opinion:
Your question summarized is: Are you
authorized to pay those employees of your
office whom you require to perform a days
labor on next Thanksgiving day. such labor
being a work of necessity double paw for
Il, a .&x sA.t-