Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-04
Controller Is Peevish With
Public Printer.
CUSTOM NOT JUSTIFIED
Pay-and-Half for Sunday Work Un.
lawful, He Reiterates.
MISTAKE TO RAISE QUESTION
First Opinion Conclusive and Trace
well Refuses to Reverse Himself
on Second Inquiry.

1T is most unfortunate for me that
l was so convincing in my reasoning. and
unhappy in you that you did not let we'll
enough alone"
The foregoing paragraph appears in a
communication from Controller Trace
well of the Treasury Department to Pub
lie Printer Donnelly in controversy
that has arisen over the matter Of extra
pay for Sunday work and other special
service by the employees of the govern
ment printing Office. The differences of
opinion seem to have reached an acute
stage.
Before Mr.. Donnelly. some days ago,
requested the controller to make a de-
cision. the workers In the printery, for
period of about twenty-five years. had re-
ceived price and half or 80 per cent
per hour. Now the extra amount has
been cut off by Mr.. Tracewells decision.
Question Better Not Raised.
Referring to the ''let we'll enough alone"
paragraph, contained in his reiterated
opinion, Mr.. Tracewell said to a reporter
for The Star today:
Il meant by that reference that IL the
extra money had been paid for twenty
five years it were better for the employees
that it should not have been called into
question. 1t is not well sometimes to
awaken slumbering dogs. as by doing SO
trouble may result.
1.-The employees should no doubt be paid
extra for Sunday work. but the fact re-
mains that there Is no law under which
they can be SO paid"
Not satisfied with the first decision Of
the controller. the public printer recently
requested Mr.. Tracewell to reconsider
and reverse his former decision.
In this letter Mr.. Donneily said:
1T has been the practice In the govern
years to pay per diem employees engaged
on Sunday work at a rate OF compensa-
ton 80 per cent higher than the usual
per diem compensation for a secular day;
and the additional compensation thus al
lowed has been accounted for by COM
putting the earnings of the employees af-
fected on the basis of their having
worked one and half hours for each
hour Of actual service, the pay per hour
being figured at the usual day rate"
Controllers Response.
In reply Controller Tracewell says in
part:
IT must Observation-Disclosures the
length Of time it had been the practice
Of your Office to pay this class OF en-
ployes a rate 30 per cent higher for Sun
day work, and higher than their maxi
mum compensation Is fixed by law on sec
ular days-that You were In doubt as To
your legal authority TO make such pay
ment. Or else why the submission at
all?
1T now appears from your letter re-
questing that I overruIe said decision,
holding that such authority does not eX-
list, that you are at this time without
doubt as to the fact that my said holding
&c nd dn hav0 legal
thority to make such payment.
The controller then quotes from authori-
ties and continues:
This leaves the one other reason, in
sisted upon by you, why l should reverse
my former decision. viz. that your Office
has been paying this class OF employees
30 per cent extra for Sunday work for
the twenty-five years last past. For that
portion Of the twenty-five years last past
prior to January II. 1895 there was
specific authority for such payments, II
they were in accordance with the GUS
toms Of trade and justice to such en-
ployes, as provided by the said act or
1883.
Giving the language of your submis-
sion. as above set out, it's ordinary. every
day meaning, as to the methods used
by your office in accounting for time work
on Sundays and holidays. IT would seem
that by reporting of person who had In
fact worked one hour that he had worked
an hour and half. for pay purposes. that
the effect of such practice was rather to
conceal the fact that you were paying 80
per cent extra for this time, than making
precedent that you were SO paying.
BE this as it may. a practice of de-
partment clearly contrary to law. how
ever long it may have been in existence.
cannot validate and make legal what Is
illegal and contrary to law.
IF the question were one OF doubtful
legality, the doubt should be resolved In
favor of such departmental practice.
AFTER mature deliberation, am con-
strained to hold, as the law now
stands, that you are not authorized 70
pay employees Of your office who have
a maximum compensation hxed by law
any extra compensation above suca
maximum for work performed on sun
days or legal holidays, and must, there
fore adhere to the conclusions reached
in my decision of the 14th instant.
Donnelly Sworn in as Public Printer.
Samuel B. Donnelly took the oath OF
office as public printer OF the United
States today. pursuant to his confirmation
by the Senate. January %. succeeding
himself as the appointee during the recess
of the Senate. The oath was admins
tered in the public printers ONCE by
Frank E. Elder, attorney for the govern
ment printing Office, and his bond for
s1OO, 600 was filed with the Treasury De-
partment.