Evening star., 1904-04-29
LEAVES OF ABSENCE
INTERPRETATIoN OF AN ACT OF
COM RRss.
Commissioners TO- Adhere to Rule Re-
lating to Per Diem Employees
of the District,

With reference to TIE question recently
raised relative to3hS legal authority of
the District Com41 ss3oners to distribute
among the per diem employes of the Dis
trict the 300 days leave of absence grant
ed several years ago by Congress to per
diem employees of the municipality, the
Commissioners state that they consider
they have full authority to divide the ag-
gregate as they have been doing, in order
that each shall have portion.
The law relating to leave of absence for
per diem employees of the District was
passed by Congress March 2, 1895, and
reads as follows:
The Commissioners of the District OF
Columbia are authorized hereafter, in
their discretion, to grant leave of absence
not to exceed thirty days to any individ-
ual In any fiscal year. to regular employees
not to exceed thirty annually, appointed
directly by the Commissioners and paid
out of general appropriations, and whose
service is continuous but who receive per
diem compensation"
1t is stated that when the per diem en-
ployes in 1895 were agitating the passage
OF the leave of absence provision before
Congress petition was presented to the
committees signed by thirty per diem en-
ployes of the District. At that time 1t is
stated, there We're only a few more than
thirty per diem employees in the District
service. When Congress agreed to grant
the request for leave of absence 1t limit
ed the number of employees to thirty be-
cause of the thirty signatures on the Pc
tition.
Order Increases Number.
In May, 1895, subsequent to the passage
OF the law, Commissioners Powell and
Truesden promulgated an order that all
temporary employees whose services had
been continuous for one year be placed on
the list of employees, to be granted leaves
nf a hSn
the law,to mean that Congress, in granting
not exceeding thirty days of leave to not
exceeding thirty men, intended that the
Commissioners should have authority to
grant 300 days leave of absence to the per
diem employees, provided that no one indi-
vidual received more than thirty days.
1t is pointed out that Congress did not
intend to discriminate with respect to GER
tain per diem employees in the District
service; that Congress did not intend that
some Of the employees should be given
leaves and others of the same rank should
be deprived of that privilege The limit in
number OF employees In the provision is ex
planned stated.
The number of per diem employees in the
District service has annually increased,
and at present. there about $50 men
among whom the 300 days leave will be
proportionately distributed this year. Since
the passage OF the law in 1895 Congress
has declined to grant further leaves of alb
sence to per diem employees Of the District.
1t is argued by those familiar with the
Congress desired in 1895 to grant thirty
days of leave to each of the temporary en-
ployes whose services in the District gov
ernment had been continuous, and that 1t
was not intendedt to; deprive any of that
class of employees from enjoying the privt-
leges of leave. Eongfess, it is stated.
based it's limit on the number of employees
to receive annual leave upon the misappre-
hension that there were only thirty per
diem employees in the service.
Reasons for, ,Apportionment.
In support of the Commissioners con-
struction on the law that 800 days leave
was placed at their disposal to use 'at their
discretion for the benefit of the per diem
employees, it is argued that at each session
of Congress for several years past the Com
missioners, in urging additional leave OF
absence for the per diem men, have speclr-
ically mentioned the method of distributing
the 800 days leave among the employees
and Congress has raised no objection to
the method of dividing up the aggregate
number of days, nor has it raised any ques-
ton as to the construction placed upon the
law by the Commissioners.
1t is conceded that the intention of Con-
gress in the law of 1895 was to grant leave
of absence to per diem employees. 1t Is
also conceded that the Commissioners are
expected by Congress to equitably construe
the acts of that body relating to the Dis
trict. Manifestly, 1t is pointed out, 1t would
not be equitable for the Commissioners to
designate thirty per diem employees out of
the $50 in the service, and arbitrarily de-
eide that the selected few should each re-
ceive thirty days leave of absence while
the remaining 12O employees were deprived
of leave.
The Commissioners state that they will
continue to distribute proportionately the
leave of absence of 800 days among the per
diem employees as hasTbeen done In the past,
until such time as Congress provides for ad-
ditional days leaves Or passes law grant,
ing all the per diem employees of the Dis
trict thirty days leave Of absence, each,
annually.
At present the 800 days leave of absence
Is divided up among the per diem employees
by committee, consisting this year of Lr.
w. F. Meyers, assistant secretary to the
board of Commissioners, and Mr.. Charles
Shoemaker, a clerk in the engineer depart
ment.
The regular employees are granted leave Of
absence under authority of an order of the
Commissioners which was Officially pro-
mulgated July /, 1897, and It Is based upon
the rules obtaining In the government de-
partments. 1t is stated that leaves Of alb
sence were granted to the regular employees
prior to 1881, but the Official order recorded
Is dated July l Of that year. Is pointed
out that the Commissioners have no au-
thority, without express provision Of Con-
gress, to grant leaves to per diem men, the
controller OF the treasury having decided
that per diem men shall receive compensa-
tfon only for the days actually employed.