Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1880-05-12
TEACHERS MAGES.
A Decision OF the supreme Conrt in
regard to the Liability of School
Districts for Teachers Wages.


The Supreme Court has just
rendered the following decision in
the case of Franklin S. Dewey W..
Union School District OF the city
of Alpena. in regard 10 the liability
Of school districts for teachers
wages during periods when the
schools are closed on account OF the
rrrvalence of contagious diseases.
This decision will prove Of general
interest in many localities OF the
State. 1t is written by Judge
Graves:
The plaintiff was regularly hired
by the district TO serve rs teacher
in the public schools for 10 mouths
for $3.50 per month. He entered
on bis duties Sept. , and confirm
ell up to Dec. 10, at which time the
district officers closed the schools,
on account of the prevalence Of
smallpox IN the city, and kept
them closed thereafter for the same
reason until March Il. They were
then re-opened, aud the plaintiff
renewed his duties. He was sub
seouentlv hired for the next year,
and his compensation was lncreas-
ed 800. The district refused TO
pay him for the period of suspen-
sion, and he brought this action
TO recover Il.
The claim was resisted on two
grounds: l, that in the second hir-
ing it was mutually agreed that the
addition Of 500 to his compensa-
ton for incoming service should
stand and be allowed and accepted
in full satisfaction of all claims for
pay during the time in question !;
>, that the suspension was the Ell
feet of an overriding necessity. or
in other words the act Of God, and
that all parts of the contract were
suspended for the time being.
The circuit judge submitted TO
the Jury both questions in very
clear manner and instructed them
TO find against the plaintiff. in case
they were satisfied the alleged con-
tract was in fact entered into; or,
in case they should find that the
smallpox was so prevalent that II
became obligatory on the board Il
close the schools as necessary
step to prevent the spread OF the
disease and save human life.
The jury returned a verdict IL
favor of the district. But we cannot
know with legal certainty whether
thew determined only one of these
questions in favor of the district, ol
whetherthey so determined both
and of courseif one only was decided
il is impossible to say which one
The evidence on the compromis'
was conflicting. and as it appears oil
the record, the advantage was Will
the plaintiff. Still If no oihe
ground Of defense had been laid
the verdict must have been con
elusive. As just explained, it
not so now.
The second objection must b
briefly considered. Beyond con
troversy, the closing Of the school
was a wise and timely experiment
But the defense interposed coul
not rest on that. IL must appea
that Observance of the contract b
the district was cansed to he In
possible by act Of God. 1t Is M
enough that great difficulties wei
encountered. or that there existe
urgent and satisfactory reasons f
stopping the schools. This is
the evidence tended to show. II
contract between the parties W
positiye and for lawful object
On one side buildings aud pup
were to be provided, and on {
other, personal services as teacht
The plaintiff continued ready
perform, but the district refused
open its school-houses and allow {
attendance Of pupils, and it theI
by prevented performance by t
plaintiff.
Admitting that the circumstanC
justified the officers, there is yet
rule of Justice which will emit
the district TO visit its own N
fortunes upon the plaintiff.
was not at fault. He had
agency in bringing about the ST
OF things which rendered 1t em
emily prudent to dismiss the scho'
IL was the misfortune OF the
trict. and the district and not
plaintiff ought to bear II. The
casion which was presented to
district was not within the pl
chile contended for. IL was
one of absolute necessity, but
strong expedience.
To let in the defense that
suspension precluded recovery,
agreement must have provided
IL. Bat the district did not sti
late for the right to discontinue
plaintiffs pay upon the jodgm
OF the Officers. however, disc'
and fair, that a sioppage OF
school II found needful meas
TO prevent their Invasion ny de.
or TO stay or oppose lite spread