United States v. Barringer, 188 U.S. 577 (1903)

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United States v. Barringer

No. 252

Argued January 6, 1903
Decided February 23, 1903
188 U.S. 577

APPEAL FROM THE COURT OF CLAIMS

Syllabus

The provisions in the Sundry Civil Appropriation Act of June 11, 1896, and in the prior acts of Congress referred to in the opinion in regard to leaves of absence to the employs of the government Printing Office, and for pro rata extra pay to those not receiving leaves of absence, relate only to permanent employs, or employs regularly employed on the Congressional Record, and do not relate to temporary employs.

This construction of the statutes referred to is in accord with the interpretation placed thereon by the Public Printer and also by Congress in appropriating for the payment of such extra pay allowed in lieu of such leaves of absence.

The findings of the Court of Claims upon which it predicated the conclusion that the plaintiff was entitled to judgment against the United States are as follows:

I. The claimant, Arthur B. Barringer, was from time to time employed as a compositor in the Government Printing Office during the following periods: December 31, 1895, to February 26, 1896, inclusive; July 2, 1897, to July 31, 1897, inclusive; December 10, 1897, to July 16, 1898, inclusive; October 24, 1898, to March 4, 1899, inclusive; October 28, 1899, to April 27, 1900, inclusive, aggregating one (1) year, eight (8) months, and twelve (12) days.

II. During his term of service as such, he was paid at the rate of three dollars and twenty cents ($3.20) per diem of eight hours for the time served prior to July 1, 1899, amounting to one (1) year, two (2) months, and twelve (12) days, and at the rate of four dollars ($4) a day for such service rendered after July 1, 1899, amounting to six (6) months.

III. He was not, during any of the times of his employment, allowed leave of absence or pro rata pay for leave of absence. If allowed leave of absence of thirty (30) days a year, he would have been entitled to fifty-one (51) days’ leave.

If, instead of taking such leave, he had been paid pro rata for the same, he would have been paid three dollars and twenty cents ($3.20) a day for thirty-six (36) days, and four dollars ($4) a day for fifteen (15) days, amounting to one hundred and seventy-five dollars and twenty cents ($175.20).

IV. The claimant did not at any time during his several terms of service, set forth in finding I, apply for a leave of absence or for a money equivalent for the same. No leave of absence was granted or allowed to the claimant, for the reason that, under the rules adopted by the Public Printer regarding leaves of absence, persons temporarily employed were not granted leave.

V. All employees of the government printing office in service from the 1st of July, 1886, to the 30th of June, 1895, whether permanent or temporary, have been paid for all accrued but unused leaves of absence. The last of the appropriations for such unused leaves was that of fifty-seven thousand eight hundred and fifty-nine dollars and sixty cents ($57,859.60), made by the Act of July 19, 1897, 30 Stat. 134, and was based on an estimate of the Public Printer, who, in transmitting the same to the Senate, informed that body that it included "many employees whose terms of service in the office were only for periods of less than one year," and that "the amounts of pro rata leave which accrued to such persons are herewith included in the respective years in which they were earned."