Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-23
N O EX T R A P A Y
DECISION OF COURT OF CLAIMS
IN REGARD TO NAVY YARDS.

The Court of Claims, through Chief Jus
tice Peelle, has rendered decision that
will be great disappointment to hundreds
of per diem employees of the government,
especially in the navy yard. Briefly, it was
that extra pay should not be paid by the
government for work Saturday after
Moons from March 3, 1901, until November
10, 1905.
The claim was made by Emmett L. Adams
of Columbia Lodge Of Machinists. He
claimed that Saturday is half holiday
in the District of Columbia he should have
been paid extra wages for working on Sat
urday afternoons, the regulations of the
Navy Department providing that employees
Of the navy yard should receive 80 per cent
additional for work done on Sundays and
legal holidays. Adams claimed that he
should have received this extra pay regard
less of the fact that on many Saturday aft
ernoons during the summer he did not work
at ALL Government clerks and others re-
ceived their pay for these days, he set
forth.
The decision of the Court of Claims is
that the act of March g. 1901, making Sat
urday a half holiday In the District is
clear and unambiguous, land has reference
only to the time of payment Of negotiable
instruments falling due on legal holidays
and Sundays" Attention is called, however,
to the amendment of June 80, 1902, making
the day half holiday "for all purposes"
The court accepts this amendment as really
making the day a half holiday for every
thing, but points out the clear authority of
heads of departments to extend the hours
of service of government employees with
out additional compensation" Under this
authority the head Of a department could
work his employees every holiday in the year
without pay if he so deemed advisable and
necessary.
Claimants Contention.
The decision says:
"As before stated, the claimants conten-
ton is grounded on the navy regulation,
supra. which provides the ordinary rate of
pay with so per cent additional for work
performed on Sundays and holidays; and
this regulation the claimant contends has
the force and effect of law. But whether
1t has or not is immaterial, as the work in
the navy yard is under the control and d.
rection of the head of the Navy Depart
ment. and when he directs work to be per-
formed by per diem employees on holidays
the regulation. if it has not the force of
law or does not contravene some statute,
operates as a contract between the govern
ment and those who work under 1t.
1.-The regulation, however, was in force
before the passage of the act declaring Sat-
urday afternoon a holiday, and it has not
been extended to include Saturday after
noon On the contrary, after August %
1903. when the claimant was required to
work on Saturday afternoon he was eX-
pressly informed that he would be given no
additional compensation. Prior thereto the
claimant had worked Saturday afternoon
and had been paid therefor his ordinary
rate of pay, which he accepted without OBJ
lection, and it is now too late to claim
more, even if he were otherwise entitled
thereto
Departments Order
August %, 1903. an order was issued by
the Navy Department directing that all
employees, including those in navy yards,
should work on Saturdays the same as on
other days. and this order prevented extra
pay for such work Saturdays after noon.
Attorneys for Adams claimed that the Navy
Department has no right to issue such an
order. but the court holds that that it had.
The decision concludes as follows:
This view is in harmony with the decis-
ion of the controller I'll Comp. Dec, $50,
where it was held that neither per diem
employees nor day laborers at the Washing
ton barracks were entitled to pay for the
Saturday half holidays provided for by sec
ton 1889 unless they worked during such
half holidays.
Actual employment. then, is the basis
for pay. and. there is no law giving pay
on Saturday afternoon without work, the
claimant was not deprived Of any statutory
right when he was required to work at his
ordinary rate, and therefore he Is not en-
titled to recover, and his petition is dis
missed