Harold Hitz Burton

“ It is equally inconceivable that Congress would unanimously reduce the pay of the Government's lowest paid employees sub silentio. Read in its context, and in the light of the explanation, made on the floor, that this Resolution sought 'simply to correct' such a situation as that which occurred on Christmas Eve, and to prevent an unintentional discrimination against per diem employees, it is difficult to read into the Resolution the meaning, contrary to their interests, for which the Government now contends. ”

“ Over 60% of such companies paid some type of premium or gratuity to their wage earners for work performed on Sundays or holidays, the extra pay ranging from 25% to 100%, in addition to the regular rate of pay. ”

“ The giving him pay for such a day when he does not work is the free gift of Congress, and I will not stultify such gift by taking away from him his pay on a day for which he worked because Congress saw fit to give him pay for legal holidays when he did not work.
'You are therefore authorized to pay to the employees named their wages for work done on Thanksgiving Day in addition to their pay as provided by said act of 1895.' 8 Comp.Dec. 322, 325 (1901) . ”

“ It contained no suggestion that such payments were invalid or even unwise, except to point out that the existing law allowed such gratuities even when a holiday occurred on a nonworkday. On this point, the letter commented that 'even when any of such holidays falls on a nonworkday (such as a Saturday) , such employees receive pay for the holiday when no work is performed thereon, in addition to the full week's pay otherwise earned, and double compensation for the day if work is performed thereon.' H.R.Rep.No. ”

“ United States (two judges dissenting) , 96 F.Supp. 611, 119 Ct.Cl. 197, aff'd on other grounds, United States v. Kelly, 342 U.S. 193, 72 S.Ct. 213, 96 L.Ed. 222; and the instant case, Bergh v. United States (one judge dissenting) , 132 F.Supp. ”