Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-04-18
EXECUTIVE ORDER
IS NOT NECESSARY
Clerks May Have Half Holiday
Saturdays by Authority of
Department Head.
ANY TIME OF YEAR,
BEGINNING AT NOON
Opinion of Present Attorney General
McReynolds When Acting In
stead of Mr.. Knox in 1903.

| At any time, beginning at noon, Satur-
| DAYS. any week in the year, throughout
! the year. or during half of the year. or
IN the summer months, government
clerks can be set free from their Iabors
by authority of the head Of their execu-
| tive department without any necessity of
an executive order from the President.
| Ihls Is the fair construction to be put
| on the opinion Of the present Attorney
General, ]. c. McReynolds, made as act
| ing Attorney General in the stead of At
torney General Knox August 15 1908
NO opinion since that time has been made
on this subject which would displace it as
the rule OF guidance for the administra-
ton.
NO law has been made by Congress
tnat would alter the basis of the conclu-
the present Attorney General. the idea
then announced would be expected to
represent mis- present views; that he
would reverse himself on an interpreta-
tion on OF the law is hardly conceivable.
mat every Saturday after II o'clock
noon Is holiday for all purposes within
the District of Columbia" was the opin-
ion of Mr.. McReynolds, as submitted in
response to an inquiry of the Secretary
of War, and is therefore one of the
days declared public holidays by law
within the meaning of the statutes regu-
iating the number of hours of labor which
II is your duty to require Of all clerks
and employees of your department
You are consequently not Obliged is
the significant phrase in this opinion,
which shows the power Of departmental
executive to grant Saturday half holiday
without recourse to executive order, ito
require labor by such parties after the
hour OF noon Saturdays.
Seven Hours Labor Required.
Under the law as 1t now stands" the
opinion continues, "you must require at
least seven hours labor of all clerks and
other employees in your department every
day in the year except Sundays and those
days declared to be holidays by section
1889 of the Code of the District of Co
lumbia, and during authorized leave
1t Is also clear that you have the
right, and if in your judgment the inter-
ests of the public service demand such
action. 1t is your duty. by special order.
stating the reason, to extend the hours
OF labor as you may think proper, and
to require of clerks and employees In your
department that they work on any or all
holidays now established by law during
the houre YOU may designate IN sUcK d
ORDER ,
In his consideration of the law and the
facts then Acting Attorney General Nc
Reynolds cited acts of Congress which
would prevent any head of department
from limiting the workday of govern
ment employees to less than seven hours
save on specially excepted days The
law giving authority to extend the work
day beyond seven hours or to exact work
on days excepted as holidays was also
set forth.
That the Revised Statutes of the United
States do not recognize or create any
public holidays is one Of the observa-
a. lo
of research. Nor is there any general
law or any specific law relating to the
departments establishing holidays Con-
gress had in view those holidays de-
clared in the District of Columbia and
proposed their application to the hours
of labor of government clerks in the sec-
ton of the District of Columbia code re-
lating to the matter.
Holidays Designated by Law.
Unless days declared public holidays
by law as used in legislation concerning
hours of labor comments the opinion.
above set out, refers to such DAYS SO
designated by some law applicable solely
to the District of Columbia, there are not
now and have not been since the Revised
Statutes were adopted, any public holi-
days declared by law on which the de-
partments could properly be closed''
New Year day, Christmas day Inde-
pendence day and Thanksgiving day, the
opinion states, were made holidays in the
District of Columbia by act of June oS
1870. Revised Statutes of the District Of
Columbia. Washington's birthday, Inau-
guration day, Decoration day and Labor
day were also established as HOLIDAYS in
the District of Columbia by subsequent
acts of Congress. Congress evidently had
in mind these holidays, Mr.. McReynolds
concludes.
The Code for the District of Columbia
was enacted into law on March 3 1901.
Section 1885, chapter 46 relating to ne.
gotiable instruments, provided that sun
days, Saturdays after II o'clock noon,
and days declared public HOLIDAYS by law
should be holidays in the District of CO.
lumbia, within the meaning of the sec
ton This phrase was eliminated by
amendment of the code on June 30, 1902,
and the words substituted .'for ali pur-
poses"
This action was deliberately taken with
special intent OF making the days speci-
fed holidays within the District of Co
lumbia for all purposes, and to correct
former legislation under which, probably
no public holidays remained except for
matters pertaining to negotiable instru-
ments.'' was the comment of Mr.. Mickey
nolds.
Holiday for All Purposes.
Every Saturday after II O'Clock noon"
concludes the opinion, sis holiday in the
District of Columbia, for all purposes.
just as is Christmas day, Independence
day and other public holidays"
There is no law. however, saws Mr.
McReynolds, making it illegal to labor
or carry on ordinary business affairs on
these holidays created by the Code of the
District of Columbia. Neither is there
anything in any legislation by Congress
absolutely requiring that the executive
departments of the government be colsed
and the clerks and other employees therein
released from work on such days.
The first ard only enactment of Con-
gress prior to the adoption of the Revised
Statutes proposing to regulate the hours
of government .employeS was passed July
4. 1896.
This set a minimum workday of eight
hours between October / and April i.
The workday was increased to ten hours
during the other half Of the year, from
April l to October l. including the sum-
mer months, when thoughts of govern
ment clerks are now supposed to turn to
green fields, golden strands and wooded
peaks The only days excepted were Sun
days throughout the year and Christmas
day and Independence day.
The Revised Statutes In 1873 preserved
the same work hours, but provided ex-
ceptions to include days declared public
holidays by law.
Duty of Departmental Heads.
The duty OF heads of executive depart
ments in the interests of the public serv-