Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-08-16
ACTION IS TAKEN BY TAFT
Short Saturdays Are Not to Count OIL
Annual Leave.
DEPARTMENT FALLS IN LINE
Stars Investigation Results in Con-
cession to Employes-Purdy Rul-
ing No Longer in Force.

Saturday half-holidays occurring dur
ing the thirty days leave are to be credit
ed to the clerks in the War Department,
by order of Secretary Taft, issued at 11:40
o'clock this morning
This order, it is understood. will apply
not only to those clerks about TO take
their leave, but also to those who are TAX.
ing or did take it while the old order
stood
Ely this action of Secretary Taft the prac-
tee of credting the clerks with the half
holidays while on their vacation becomes
uniform among the departments. There
had been some heartburning among the
War Department clerks over the discrim-
nation which they felt had been exercised
against them.
This abrogation of the departments Gus
tom arose primarily from complaints made
to The Star by various clerks of the War
Department. These employees were anxious
TO find out why it was that clerks of other
departments had the half-holdays credited
to them, while they themselves must have
those same periods charged against their
annual leave. 1t made a difference of at
least two days, possibly three, in some
cases in the length of a vacation, and when
a Sunday came next to the possible three
there were four days lost to the clerk. The
sense of injustice may readily be under
stood.
Helping the Clerks.
After the complaints came in to The Star.
with request that something be done about
the matter If possible, reporter imme-
diately set out to find out where the trouble
lay.
A visit was paid to the civil service COM
mission, and an interview in the office of
Gen. John c. Black, chairman of the COM
mission. finally resulted in the calling in of
two of the law officers of the commission
and stenographer. Between them they
unearthed an appalling mass of documents
relating to leave and holidays, together
with the varying practice of the depart
ments in the matter of the treatment of the
Saturday half holiday.
From this collection of authorities there
at last shone forth the bright particular
star of an opinion delivered to the Secre-
tary of the Treasury, at his request by
Milton d. Purdy, then acting attorney gem
eral. This was dated June "a, 1904, and
was brief and TO the point. After one para
graph of preamble, it said: The leave shall
be calculated without excluding Saturday
half holidays"
This seemed all very smooth sailing in
deed until 1t was discovered that MI Purdy
had quoted no authority whatever, nor had
he referred to one, even in the remotest
degree. Not scrap Of legal lore could be
found to bolster up that opinion, but plenty
was available to support the exact opposite
Of Mr.. Purdy's dictum. For instance, 1t
was found that by an act of Congress, APP
proved March Is. 1885, 1t is provided that
the thirty day leave of government en-
ployes shall be exclusive Of SUNDAYS and
legal holidays, while an opinion of the At
torney General, delivered in 1902, interprets
a court decision that Saturday afternoons
in the District of Columbia are legal hol-
idays for all purposes"
Assistant Secretary divers Order.
This appeared to be enough to go upon
when IT was found that the War
Department was continuing to charge the
Saturday half holidays against the clerks
upon an order made by Robert Shaw Oliver
in 1904, who based 1t upon a copy of Mr.
Purdy's opinion to the Treasury Depart
ment, quoting bodily the opinion that leave
shall be calculated without excluding Satur-
day half holidays" But the Treasury no
longer used that opinion, 1t having been
abrogated by Secretary Cortelyou and all
other department heads
One point the appointment division of the
War Department made triumphantIv IN
justification of Its charge against the
clerks, was that the Department of Justice
was doing the same thing. But it turned
out that this was not 3d. the Department
OF Justice having fallen into line when IT
came time to calculate the leaves
Neither at the Department of Justice
could anything be discovered to Justify the
opinion of Mr.. Purdy, so the conclusion had.
perforce, at last to be reached that he had
based IL upon nothing whatever except his
inner consciousness.
Thereupon a reporter of The Star went
to Chief Clerk Scofield of the War Depart
ment and laid the matter before him. Mr..
Schofeid listened to what was said, but de-
clined to reply.
Then Gen. Ainsworth, acting secretary OF
war, was approached. The whole thins
was news to him, for he was under this
impression that the clerks of all depart
ments were treated alike, and he thought
that Secretary Taft was probably of the
same opinion.
I have no authority TO act in the mat
ter said Gen. Ainsworth, but l have no
doubt that Secretary Taft will consider the
subject favorably.''
Wired Secretary Taft
Secretary Taft was then at his summer
home, Point Pic Quebec. August a tel
egram was sent TO him there by The Star.
putting the matter before him succinctly.
The Secretary telegraphed in reply:
Il cannot take up the matter of your
telegram until l reach Washington"
The first chance that the Secretary could