Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-11

heretofore departed from the 9Th street
station at ABS In the afternoon, will in the
future leave at 4:5O The Southern officials
have promised that other changes in the
schedules will be made for the accommoda--
ton of traffic as soon as the needs OF the
various communities become known.
Secretary Moody's Response.
At the meeting of the cabinet last Fri
day when 1t was decided to extend the
hours of labor in the executive depart
ments to 4:30 o'clock Secretary Moody was
delegated to prepare letter to Repre-
sentative Gillett of the subcommittee of
the appropriations committee, considering
the Legislative appropriation BILL in re-
Spouse to the points raised in Mr.. Gilietts
letter to the heads of departments In re-
gard to the enforcement of the statute re-
curing seven hours of labor each working
day in the executive departments.
In accordance with that action of the
cabinet Secretary Moody has written Rep
II beg leave to acknowledge the receipt
Of your letter of the 4th instant, in which
you say that the clerks in this department
are employed only six and one-half hours
day instead of seven hours, the minimum
fixed by law. and given the afternoon
before holidays and on Saturdays through
out the summer You further point out the
fact that this shows that the department
per cent of the service which the law re-
quires and indicates that there is no present
need for the additional clerks asked for at
the present session of Congress. You furth-
err ask an explanation of this apparent
contradiction
The Law in the Case.
1.-THE act Of March 3. 1888, section 3
Stats. L., vol q. page 115), provides as
follows:
THAT on and after July 1. 1893. it shall
be the duty of the heads of the public serv-
ice to require of all clerks and other en-
ployes of whatever grade or class, in their
respective 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 limit
of hours of any clerk or employe in their
departments, respectively; but IN the case
of extension 1t shall be without auultloHai
compensation.
Under this law the practice in all the
departments was to fix the hours of labor
between am. and pm, and allow out
of that one half hour for luncheon.
by section of the legislative, executive
and judicial appropriate act approved
March Is, 1889, the words all limit were
stricken out of the above law. 1t was not,
however, then thought that this amendment
required any change, and the practice in
all departments continued to be that which
1 have stated. One probable reason for the
omission to change the practice of the de-
partments in consequence of the change of
the law was at that time In most, If not
all, of the departments were employed
daily not only seven hours, but consider
ably more than that time, owing to the
extra duties imposed by the war with
Spain. Moreover, justice requires that 1t
shall be pointed out that many of the
employees of this and other departments are
now occupied considerably more than seven
hO1rS % in the perfOrm9pca Of
their duties
The Cabinets Decision
"At meeting of the heads of the de-
partments, held in consequence Of the re-
cefpt of your letter by them severally. 1t
was decided, with the approval of the Pres
ident, that, notwithstanding the long-estab-
lished usuage, the construction of the law
which excludes the time occupied in lunch
from the seven hours of labor ought
to be adopted as the true construction, and
that the necessary orders to give effect to
that construction should be issued in all the
departments. In this department an order,
copy of which is annexed, will be issued
with reference to the failure to work
upon the afternoons before holidays and on
Saturdays throughout the summer, 1 beg
leave to submit the following: 1t will be
observed that by the law which has been
quoted there is no obligation of labor in the
departments on days declared public holi-
to the act of March 3, 1901, entitled
An act to establish a code of law
for the District of Columbia the
public holidays observed in the depart
airy 1. February %, May 30, July 4, the first
Monday of September. Thanksgiving day,
December %. and the day of the Inaugural
ton of the President
by section 1880 Of the act 1t Is provided
that when the day of maturity of a nego-
table instrument falls upon Sunday or a
holiday the instrument is payable on the
next succeeding business day. The section
then enumerates the holidays above named,
and adds every Saturday after II o'clock,
noon," and declares that those days shall
be holidays in the District within the mean
ing of this section.
1.-The act of June 80, 1902, amendatory Of
the last named act, contains the following
provision: Amend section 1889 by striking
out in the eighteenth and nineteenth lines
thereof the words within the meaning of
the section and insert in lieu thereof the
words for all purposes
Holidays in the District
ION August 10, 1903. the acting attorney
general rendered an opinion in writing bas-
ed on the foregoing legislation, that Satur-
day afternoons throughout the year were
holidays in the District of Columbia, and
that the heads of departments, therefore,
were not obliged to require labor from the
employees thereof after the hour of noon
SdtuTQdyS
In accordance with the opinion the only
method in which work in the departments
can be exacted upon Saturday afternoon is
by order of the head thereof extending
the hours of labor on that day in pursuance
of the authority conferred by the act of
March 3, 1893. hereinbefore quoted.
1T is respectfully suggested that if 1t is
the desire of Congress that work should
continue in the executive departments on
Saturday afternoons. an amendment to the
existing law is desirable In this connec-
ton IT is submitted that during the months
of July. August and September, the cessa-
ton of work in the departments on Satur-
day afternoons might be allowed without
detriment to the interests of the public
service.
II ought to say that in this department
during last summer. work did not cease on
Saturday afternoons with the exceptions If
one afternoon of exceptional heat, when it
ceased at 3 o'clock instead Of 4. Very re-
spectfully.
(Signed0 "W. II. MOODY"
Secretary Roots Statement.
Secretary Root, in replying to Representa-