Evening star., 1909-02-05
BILL FOR RELIEF OF PRINTERS
PROVISION OF EXTRA PAY FOR
SUNDAY WORK.
Public Printer Orders Draft-G. P.
o. Attorneys Reasons for Asking
Controller to Reconsider.

Officials of the government printing Of
flee expect that the matter of extra COM
pensation for Sunday work at the print
cry will be satisfactorily adjusted before
adjournment of Congress.
Frank f. Elder. attorney for the gov
ernment printing office, has, by direction
of Public Printer Donnelly, prepared an
amendment to the present law on the sub
ject to be submitted to the House and
Senate. which would enable the public
printer to allow the extra compensation
to printers for work on Sundays. 1t is
confidently expected the amendment will
be adopted at the present session of
Congress.
The brief prepared by Mr.. Elder. which
called forth the "let well enough alone"
utterance from Controller of the Treasury
Tracewell, recites in part that under date
of January II the public printer submit
ted to the controller the question:
Upon consideration of the premises,
Is the public printer authorized to con-
ing for Sunday work at the rate of 80 per
cent higher than the usual per diem
rate?
ITO which, after citing several sections
of law and commenting thereon. you re-
pied:
"'s notwithstanding the prior
practice of your office you are advised
that you would not be authorized to do
So.
Reasons for Reconsideration.
The question involved is important"
Mr.. Elder continues. materially affect
ing as it does great many faithful en-
ployes of the government printing office.
careful research discloses there are
numerous arguments in favor of the con-
tinued practice, which may. perhaps. when
considered under circumstances admitting
of deliberation, have great weight in the
1inai adjudication of the matter; ], there
fore beg to resubmit the question for your
consideration and opinion
Extracts from acts of Congress are given
by the law officer of the government
printing office, who adds:
NO reference is made to the act OF
January 13, 1883. being superseded or
pealed by the act of March 3, 1891, 26
stat. 10S4 which is the original specific
provision for the 20 per cent increase for
night work The theory that the addi-
tional compensation formerly paid by the
public printer for Sunday work is not
authorized because. primarily, of the OPP
Grafton OF the act of January II. 1888, is.
apparently. inconsistent; for if the act of
January 13. 1883, was ever repealed or
superseded because of subsequent specific
legislation covering the same subject-mat-
ter, it must have been repealed or super
seeded by the act of March 3, 1891, which
claim was not made in your decision.
The state of things which appeared to
Congress at the time of the passage of
the act of March 3, 1891, and the act of
January II, 1895. was tendency on the
part OF the management of all concerns
of magnitude to improve the conditions
which surrounded the employees. and it
is not reasonable to suppose that Con-
gress meant to impose the hardship on
xl,;z.
ment of sacrificing their day of rest with
out giving them something in the way of
special compensation for the sacrifice.
The tendency of the government, so far
as it has gone on record on the subject, is
to preserve Sunday a day of rest and
inviolate, which fact argues against the
presumption that Congress meant to re-
peal the only section of law which secured
to the employees of the government print
ing office the privilege that it Is so greatly
desired should be enjoyed by all our
people.
Citation of Decisions.
"In further support of the theory that
custom should be considered in the de-
cision of this matter, 1 respectfully call
your attention to the decision in the case
of Slidell agt. Grandjean, Ill U. S., 412,
which recites:
'Usages long established and followed
have, TO a great extent, the eIHcacy OF
law in all countries. They control the
construction and qualify and limit the
force of positive enactments.
And the decision in the case of United
States agt. Moore, 90 U. S., 76O; also fol-
lowed in Brown agt. United States. 113
L. s., 5tjS:
The construction given to a statute
by those charged with the duty OF ex-
ecuting it ought not to be overruled with
out cogent reasons
And in the case of McKeon agt. De-
| laney, 5 Cranch, 22. the court said:
Long uninterrupted practice under a
statute is coed evidence of it's construc-
| ton
Il beg to assure you that your recon-
sideration of this matter will be greatly
| appreciated by the public printer, as well
/ as the large number of employees af-
| fected by your decision"