United States v. Bergh

Mr. Justice Burton, with whom Mr. Justice Black and Mr. Justice Frankfurter concur,

dissenting.

The issue before us is purely one of statutory construction. For the reasons hereafter stated, we believe that the Court has misconstrued the Resolution of 1938 by treating it as completely repealing the Resolution of 1885 and all other prior holiday pay statutes. Our conclusion is based upon (1) the long-established practice under the Resolution of 1885, as amended, of allowing a full day’s gratuity pay to per diem employees on holidays, whether or not those employees also received pay for services…