The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-12-08
Opinion of the Court.

Ihr opinion OF lne court was an
nounced by Mr. Justice Morris, on a
motion TO dismiss appeals in two pat
ent cases. ON the ground they had not
been fled within the time allowed by
law.
The motion TO dismiss the appeals was
denied.
The cases under consideration were
those OF Charles II. Ocumpaugh. appel
liant. against William II. Norton and
Richard d. Gallagher, jr.. appellant,
against Philip Hen, both of which
We're appeals taken from rulings OF the
Commissioner OF Patents In patent
causes
The motion 10 dismiss the appeals was
considered in connection with section
1889, Of the District code. relative TO
the time at which negotiated instru-
ments are payable" This section Of the
code, Mr. Justice Morris says, includes
language apparently intended 10 be- OF
more general application than would
seem 70 be warranted by the context In
which IL Is found. 20 II is a provision that
certain days-New Year Day Wash
ingtOn's Birthday. the Fourth of July.
/ Decoration Day. Inauguration Day and
every Saturday after y o'clock noon"
! shall be holidays in the District for
I all purposes.
The words "for AL purposes" not
/ originally in the section Of the code re-
/ ferred 10, be says, suggests, has been
/ generally accepted as widening and ex-
tending the scope OF the law
Continuing, he says:
The question is a somewhat novel
| one, and almost necessarily So" says
/ the court, "since the establishment Of
| the Saturday haIf-hOnday is a c0mpar-
auveIy recent institution. Only two re-
ported cases were recited 10 the court in
/ the case.
We think" says Justice Morris, that
| Ina cases like the present the rule is no
I longer applicable that the law will take
no note of fractions OF day. The
statute law here does specifically and i'm
express words take note OF such frac-
tions. II expressly divides the Saturday
1 into two parts. one for business pur-
poses and the other for a holiday. and
we see no reason why we should not
/ give erect both TO the letter and the
spirit OF that law by takin gnote Of half
holidays in our computations
Question a Novel One.
/ Concluding. Justice Morris says. in
( both these cases there were seven Sdtur-
days. intervening Each Saturday was
la half-holiday. The seven Saturdays
gave three fun days and one-half of "a
day for business, and the same time for
holiday. II we deduct three days and a
half from each Of the periods, there Will
remain only thirty-seven days and "a
half. and the appellants viii be found
20 have come within the time limited
for appeal"
/ Commissioners MaefaTland's Views.
Commissioner Macfarland commented
upon the decision as follows:
Unless the opinion Of the Court Of
| Appeals absolutely directs the District
government 10 observe Saturday after j.
/ O'Clock as q legal holiday. the District
| government win proceed 90 usual. clos
ing at noon only during the summer
/ time. Naturally. II the opinion D. man
/ dat8ry We will be obliged 10 observe it,
/ But since we are now asking FOR in
| creased clerks 10 perform the necessary
+ business of the District. u would be IN
consistent iu us 20 declare hdlf-hOliday
every week. Work proceeds on SutuT-
daE Just as Gu every other afternoon.
/ As 10 is. we close at 3 o clock Saturday
instead Of 4 o'clock the usual hour
West Favors Half Holiday.
Commissioner West on the other hand.
believes the opinion OF the court is "ab-
solutely right" He said: when the
Iagitatlon first arose for "a Saturday half
holiday Ina the District / called the mat
ter Commissioner MaCfarland's atten-
tion, and he referred me 10 a decision Of
Corporation Counsel Duvau. rendered
some time previously which held other
wise. and ] therefore dropped the sub
1cct There is Hn way OF telling how.
much work Is accomplished in the Dis
Continued on Second Page1