The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1884-04-10

cipal for the term and that his
salary had been fixed as he de-
sired. Aftcrward he was notified
that the Board had fixed upon
Monday, September 10, 1888, as
the time when the term should
commence. No record of the
proceedings of the Board at eth
er meeting had been made ex-
cept the written notices to Ma
thias. Matthias commenced the
school at the time fixed by the
Board and continued teaching.
with the exception of a vacation
oftwo weeks during the holidays,
which had been agreed upon by
| mutual and common consent be-
tween the teachers and members
of the Board, until he had taught
21 weeks of the a weeks of the
term, when the Board at a meet
ing on the 18th of Feb'y, 1884,
decided TO suspend the scho OILS
temporarily on account of the
prevalence of measles in the dis
trict, which lad greatly reduced
the attendance, and notified Ma
thias of .he fact. Matthias there
upon closed the schools and no.
titled the Board that he had COM
piled with the order to close the
schools, and had done SO, and
that he stood ready to complete
his term, and that when they
were ready to resume to notify
him at his post Office. Leaving
the holiday vacation out, the
term of six months would ex.
plre on the 7th day of March,
1884. Matthias waited till after
this time, not having been mott
fed to resume teaching, when he
filed his report for'the term, and
demanded his pay. The Board
thereupon paid him all but SIS |
which was the amount he claim.
cd for three weeks, yet remain-
ing after the Board had declared |
a temporary vacation and further
notified him that the schools |
would resume on the 17th day of |
March 1884, and to govern him.
self accordingly. Matthias de
clined to teach any after the 7th |
of March. at which time he claim
ed his term expired, and brought |
an action against the Board for
$45, as his salary for the last
three weeks of his term, during
which the Board had closed the
schools. The Board claimed /
that he was not entitled to any
pay for the three. weeks not en-
ployed in actual teaching. The
Court held that a contract be-
tween a teacher and a School
Board was the same as a contract
between individuals, with the
power vested in the Board to
make all needful rules and regu-
|atjons for the management and
control of schools. This power
If the Board cannot be so exer-
;ised as to impair the validity of
/ contract with a teacher who is
tired for definite term. The
crm in the case was six months
" twenty four weeks from the
9th day Of September, exclusive
IF theftwo weeks vacation. This
erm the principal was by virtue I
If the contract of hiring, and the
,sual custom bound to fulfill, or
O hold himself in readiness to
10 it. If he quit at any time be- +,
Gre completing the term of his {
'wn accord and without the as
ent of the Board, he could not !:
ecover anything for what he had !
llrsady done, but if he were dis !
harged by the board for good |
ause before the end of his term +,
he statute steps in a d says he
hall be paid for what he has :
lone. But there was no discharge
n this case, simply suspension
# tempory vacation by order of
he Board on account of a con- @
agious disease in the district f
The Board, no doubt, acted wise :
y in suspending the schools for 7
he welfare Of the children and a
he community. But it was done
notice TO the principal, S
nd without his knowledge and !,
The principal l. Id a
imself ready to perform his part b
f the compact as originally p
lade. The prevalence Of meas r
IS in the district was not of itself
4 the opinion of the court, a
ufficient cause to annul the con-
ract, though a misfortune to the
istrict, for it did not render a fe
of the contract Oh y x
,e part ofthe principal or teach :; Il
r. impossible. In order TO pre- d
ent a recovery for the three re
ec!,s, it was essential that the 81
suspension should 1o
ave been by Mutual agreement -
: Board and teacher. the same q,
; in original contract ofemploy- s:
Ient. In the present case this IL
as not done. The court render
a judgment in favor of the
Iaintiff. ui
The Board has since acc uiesced i
the decision of the Ma: or and n
aid the judgment. gu