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 by a ruling Of the
corporation counsel.
In the federal departments, per. diem
employees are granted two and a half day!
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 a pro-
vision. The efforts will be renewed agar
next winter.
The right of the per diem employees tc
annual leaves of absence was questioned
by Auditor Alonzo Tweedale last winter
In the District appropriation act of 1895
the Commissioners are given authority te
grant annual leaves of absence. not ex
ceeding thirty days per annum. to pei
diem employees of the District. In the
District act of 1906. Congress. after ar
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 a 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 ol
other employe should after June 80
1905. be paid from any appropriation fol
contingent expenses or from any spe.
cific or general appropriation unless such
employment should be authorized anC
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 presen,
are not entitled to leaves Of absence
ally provided for In the appropriation &C,
whose services are continuous. the pro-
visions in the various appropriation acts
simply providing for such employees az
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 ab
sence, not exceeding two and a hall
days per month. with pay. and pay fol
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 q
period of three months or more" He
will bring this matter to the attention
of the Commissioners before the mex,
session of Congress.