Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-15
BONAPARTE'S REASON
WHY NAVY YARD MEN DON'T GET
HALF SATURDAY.

appended some extracts and communica-
lions thereto clearly showing his position In
the premises. He says:
ION July last the department received
request from the representatives of the In
ternational Association of Machinists to the
effect that a half days holiday with full
pay be granted to the machinists and other
employees of the naval gun factory at the
Washington navy yard on Saturday after
Moons during the months of July, August
and September.
"On July similar request was present.
ed by representatives of association of
employees at the navy yard"
Then he quotes section 1916 of the Revised
Statutes, as follows:
Salaries shall not be paid to any en-
ployeS in any of the navy yards except
those who are designated in the estimates.
All other persons shall receive a per diem
compensation for the time during which
they may be actually employed"
The act approved February /, 1901, pro-
vides:
THAT each and every employee of the navy
yards gun factories. naval stations and ar
senals of the United States government be,
and is hereby, granted fifteen working days
leave of absence each year without forfeit
ure of pay during such leave
Joint Resolution.
by joint resolutions of January 6,-ISS5,
Stat. p. 644.'' adds Secretary Bonaparte.
and certain other classes of employees are
allowed holidays with full pay on the 1st of
January, the I'D of February, the 4th of
July, the 10Th of December, Memorial Or
Decoration day and such days as may be
designated by the President as days for ma
tional Thanksgiving.
The provisions of law providing for holt
days in the District of Columbia have been
determined by the controller of the treasury
TO nave no bearing. on the right of the de-
partment to pay per diem employees or day
iaDorerS Tor time during which they render
no service decisions of the controller of
the treasury, vol ri, p. GW. The same is
true as to the act approved March -. 1895,
and the departmental order of January 8,
1874. respecting hours of labor for the
clerks and other employees in the several ex-
ecutlVe departments. The controller of the
treasury, in his letter to the Secretary of
the Navy on August 10, 1904. hereafter cited,
says on this point.
The navy yard and gun factory in
washington are under the Navy Department,
one OF the executive departments referred
10 IN the law, supra, but are not a part of
this executive department. and their en-
ployes are not governed by this law reouir-
ing that the heads of the several executive
departments shall fix the hours of labor of
thelr clerks and employees at not less than
seven
An Order Issued
"On June 10, 1904. the department issued
the following order:
The Commandant, Navy Yard. Washing
ton, D. c..
Sir-Fhe President, having under con-
sideration the matter of having half hol-
iday during the summer months for the
employees of the yard under your command,
the superintendent of the naval gun factory
has recommended. if such holiday be
granted, that it be done in the following
manner:
such employees as are present on Sat
urdays during the months of July, August
and September, whose services can be
spared, will be excused for the last half of
the day, and those whose services cannot
be spared and who are required to work
the full eight hours will be allowed the
one-half day on such other Saturdays
when, In the discretion of the superint end
ent of the naval gun factory, or heads of
their respective departments, their services
can be spared.
You are therefore directed to grant
such half-hoiday in the manner above set
forth
Doubts having arisen as to whether, in
view of the foregoing order. to allow pay
to the employees excused was legal, the
question was, on August 10, 1904 SUBJ
mitted by the department to the comp
troller of the treasury for decision. and on
August 10 following the comptroller de-
cided that the order of June II, 1904, hav-
ing been approved by the President such
payment, although not expressly author
lied by any statutory provision of law yet
was not prohibited by any such provision,
and was within the constitutional authority
Of the President as chief of the executive
service of the government
Regularity of administration requires
the department to be guideu by the deci-
sons of the comptroller of the treasury
as to questions not judicially determined
or covered by any opinion of the Attorney
General If, therefore, order similar to
that of June II, 1904, had been issued by
the department, with the approval of the
President for the present year, it would
have been lawful to grant the employees of
the gun factory a half holiday with full
pay Saturday afternoons as requested.
In the absence, however. of any such pre-
vious order the department must hold
such payments Illegal under the terms of
U. S. r. s., section 1915 above quoted"
In conclusion, Secretary Bonaoarte says
the decision of the department having been
approved by the President closed the cues
ton. But ''in view of further requests to
the same effect, above noted, the Secretary
of the Navy has carefully reconsidered the
subject, and concludes that the half holiday
cannot be granted with due re-
gard to the public interests. The necessity
for strict economy on the part of this de-
partment is SO obvious and so urgent that
the department would not be justified in rec
to the President action involv-
Ing serious additional expense to the gov
whatever might be its desire to
meet the wishes and promote the pleasure
of its employees"