Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-01-25
TOUSLEY TOUCHED

TOUSLEY TOUCHED
To the Extent of His Salary as SuperiTsteRd-
emit of Schools While He Occupies q Con-
smlate in u Harm Characterization of
Judge Lochren.
Judge Lochren yesterday filed with the
clerk of the district court his decision in
the case of A. A. Ames vs.. O. V. Tousley
and others, action being brought to re-
strain the board of education, Comptroller
Hill and Treasurer Buxton from paying o.
V. Tousley as superintendent of the public
schools of Minneapolis $1,000 for years
services while acting as a United States
consul abroad.
The finding of the court, after review
ing the nature, objects and duties of the
the board of education, is to the effect that
on or very soon after May II, 1882, 0. v.
Tousley was duly appointed to the Office
of consul of the United States, at Trieste,
in the empire of Austria; and that after
accepting the said employment by said
board, he also accepted the said Office of
consul. That during the remainder of the
school year, in which ne was serving under
prior employment, and after its close,
upon or about July 5, 1882, when he
took his departure from Minneapo-
lis to enter the duties of consul, performed
certain duties that should deYolve upon
the superintendent of the present school
year. That on June %, 1882, the board,
knowing that said Tousley was about to
leave for Trieste to be absent during the
whole of the present school year, employed
another person as assistant superin-
tendent, at lower salary than had been
paid to Tousley, and agreed to pay
the difference ($1,300) to Tousley as his
salpry for the year To come as super
intendent OF schools. After the de-
parture OF Tousley from Minneapolis, and
since his arrival at Trieste, he has written
five letters of advice to the assistant super
intendent of schools, purchased and for
warded certain school books and did other
acts, showing that he still continued to
take an interest in the schools and their
management. That the schools have been
as well managed this year as when Tousley
was here. That on September 81, 1882,
the board caused its order to be
drawn and signed by its president
and attested by it's secretary, directing
the treasurer of the board to pay the order
of Tousley $3.50 for services in September,
the same being intended as the first one
tenth installment of the $1,000 salary. The
warrant is now in the hands of Comptroller
Hill to be countersigned by him and paid
by Treasurer Buxton unless restrained
the judgment or process of the court.
Next follows the Conclusions of law" to
the effect that it is not claimed the $3.50 is
due Tousley for any services prior to his
departure from Minneapolis to enter upon
the Office of consul, not for any purpose
other than as the first installment of said
yearly salary of $1,000. His departure
was long before the lapse of one-tenth of
of the present school year for which he
was employed, and he is not entitled to
payment of the first installment, unless he
will. remaining at Trieste, be entitled tc
every other installment of such salary dur
ing the year. After defining the duties of
a superintendent and of teachers, the de-
cision is that the departure of Mr.. Tousley,
under the circumstances, was an abandon
ment of his employment as superinten-
dent of the public schools of Minneapolis,
and he can have no valid claim to any
continuance of salary or compensation as
such superintendent after that date, and
the board of education had no power to
employ person as superintendent who
should conduct his management of the
schools while abroad. Therefore plaintiff
is entitled to the judgment restraining the
payment to defendant Tousley, by the
other defendants, of public moneys as
prayed for in the complaint, with cost
against the defendant, the board of edu-
cation OF the city of Minneapolis. The
form of the judgment unless agreed on by
the counsel, to be settled by the court
unOD two davs' notice