The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1937-06-03
BY J. EARLE MOSER

'alterius."
Or, in modern words, If q law
expresses one certain thing it is
implied that everything else is
excluded.
-. Thus has Acting Comptroller
General Richard N. Elliott JUS
titled his ruling that Sundays and
holidays must be included in the
annual leave taken by temporary
employees of the Government, al
though the permanentS and .ong-
term emergency workers escape
entirely.
In making his decision, dated
May 26 but revealed officially yes
terday, Elliott pointed out that
the annual leave act Of March
provided that all workers, except
temporaries, shall be entitled to
IS days annual leave with pay
each calendar year, exclusive OF
Sundays and holidays"
He added, however. that the
LEGISLATION was silent" as to
those days in providing for tenn
porary employees. And under
the maxim quoted above, decided
that workers employed for pc
riod of six months or less must
therefore take the rap.
The ruling that one days an
nual leave must be charged tenn
poraries who take Saturday off
was based on the theory that
Saturday afternoon is a holiday,
and since temporaries' leave IS
not exclusive of holidays they
must be charged full time. II
they come back to work the fol-
lowing Monday, however, the in
tervening Sunday will not be
charged against them, Elliott
further ruled.
The G. A. o. mogul cleared up
several other questions in his re-
cent decision, notably that while
permanent workers may have
their annual leave credits pro-
rated for q part Of q month,
temporarieS may only receive
their two and one.half days on
the basis Of full month. Thus
q temporary who has worked two
months and IS days has only
five days coming, while a perma-
nent in the same duration would
have five and five-twelfths Of a
day coming.
Also, Elliott said, the question
of how leave shall be credited is
to be determined only upon the
tenure of employment, whether
six months or more, ard not as
to compensation, such as per
diem, per annum or piece work.
Thus, no workers employed less
than a full month may have any
annual leave.
Prior to 1899, Sundays and holi-
days were not specifically ex-
Guided from the old 80 days OF an
nual and 80 days of sick leave
given Federal personnel, and sew.
eral rulings Of the Attorney Gen
eral held that they should be In
cluded. Leave regulations among
departments were not uniform,
however, and some counted them
in while others did not.
In the act Of February "a, 1899,
Sundays and holidays were Speci-
ffEally thrown out Of annual leave
but allowed to remain in SICK
leave. They still count for the
latter, even under the sick leave
act Of last March.
Lodge No. los, A. F. G. E.. COM
posed Of Mail Equipment Shop
employees, will meet tomorrow at
1918 Tenth st. N. W., at 8 p. m.
'APPORTTONMENT The fol-
lowing States are in good stand
ing' under apportionment, with
incumbentS and entitled jobs:
Puerto Rico, % Of 514 allowed:
Hawaii, 10 of 1923; Alaska, 7 OF
90; California, 664 Of 1891; Texas,
1888 Of 1,94o; Louisiana, POT OF
TOO: Arizona SO of 145; Michigan,
723 Of 1913; New Jersey, 619 OF
1,346: Oklahoma, 404 Of 1893;
Arkansas, 329 of 61S; South Car
olini, $40 of 579; New Mexico, 81
of 141; Ohio, 1898 of 2,214; Mis-
sissippi 800 Of 67O; Alabama, 51s
Of 1872; Georgia, 602 of 969; North
Carolina 662 of 1855; Wisconsin,
065 of o79; Kentucky, GOT of 871;
Illinois, 1,787 Of 2,542; Connecti-
cut. 378 Of 535; Nevada % Of 80:
Tennessee, 656 of 872; Oregon,
ass of 318; Pennsylvania, 2,709
6f 3,20S; Florida, 436 of 489; In
diana, 966 Of 1,079; Montana, 161
Of 179: Wyoming SO Of IS; New
York, 1881 Of 4,193; Delaware, 73
Of 70; New Hampshire, las of 1855:
Maine, 249 Of 1855; West Virginia,
554 Of 576: Idaho, 143 of 148;
Colorado, 337 of 345; Rhode
Island, 224 of 229.
In excess are Minnesota, 855
Of S54; Massachusetts, lab OF
LAS; Kansas, $40 Of 627; Mis-,
souri,, 1922 Of 1909; North Dakota
231 Of 227; Washington 531 Of
521; Utah, 174 of 169; Nebraska.
az Of 459; South Dakota, 239 OF
231: Vermont, 1873 Of 100; Iowa
891 Of S23; Virginia, 1858 Of 807:
Maryland, 1,847 OF SAB, District
Of Columbia, 8,965 Of 1862.
AGE BARRIERS The Senate
Civil Service Committee yesterday
held brief hearings on a measure
introduced by Senator A. Harry
Moore, New Jersey, which woulo
prevent the Civil Service Commits
sion from holding an applicant fol