Evening star., 1909-06-15
PER DIEM CLERKS LOSE LEAVE
CORPORATION CoUNSEL's RUL-
ING AFFECTS D. c. EMPLOYEES.
Question Raised by Auditor Twee
dale-Will Try to Have Law
Amended.

About go per diem employees Of the Dis
trict government will lose their annual
leaves Of absence and their pay for legal
holidays after July l by ruling Of the
corporation counsel.
In the federal departments, per diem
employees are granted two and a half days
leave of absence per month for each
month of continuous service; and after
this ruling of the Districts legal adviser
the Commissioners made efforts in the
last session of Congress to get similar
provision for the District employees paid
on the per diem basis.
The House refused to pass such pro-
vision The efforts will be renewed again
next winter.
The right of the per diem employees to
annual leaves Of absence was questioned
by Auditor Alonzo Tweedale last winter.
In the District appropriation act of 1895,
the Commissioners are given authority to
grant annual leaves of absence. not ex-
ceedng thirty days per annum, to per
diem employees of the District. In the
District act of 1906. Congress. after an
extended hearing on the subject, abolish
ed the per diem positions filled by reg
ular employees whose service was con-
tinuous and provided positions for them
with annual compensations.
Reasons for Ruling.
In thus creating positions with annual
salaries for employees previously en-
ployed continuously on per diem basis
and for whose benefit the law authoriz-
ing leaves of absence to per diem en-
ployes was enacted, it was held by the
corporation counsel that the provision
Of law granting such leaves Of absence
was rendered imperative, especially in
view of the provision Of the District act
Of March 3. 1905, that no civil officer or
other employe should after June 80,
1905, be paid from any appropriation for
contingent expenses Or from any spe-
cific or general appropriation unless such
employment should be authorized and
payment therefor specifically provided In
the law granting the appropriation, and
then only for services actually rendered
For these reasons it was held by the
Districts counsel that per diem employees
under the District government at present
are not entitled to leaves Of absence,
there being no per diem employees specific
ally provided for In the appropriation act
whose services are continuous. the pro-
visions in the various appropriation acts
simply providing for such employees as
are temporarily required.
Will Petition Next Congress.
Many of the per diem employees of the
District accepted their present positions
with the understanding that they should
receive pay for legal holidays and such
other days off as the Commissioners
would grant
Auditor Tweedale recommended to the
last Congress. through the Commission
ers, that a clause be put in the District
act for the next fiscal year providing
that hereafter the Commissioners of the
District of Columbia are authorized, in
their discretion, to grant leaves of alb
sence, not exceeding two and a half
days per month with pay. and pay for
legal holidays. to such per diem employees
as are appointed specifically and in writ
ing by said Commissioners under author
ity of law and whose services cover a
period of three months or more" He
will bring this matter to the attention
of the Commissioners before the next
session of Congress.