Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1886-08-05
The Bloomington Schaal Case.


This case, which is exciting good
deal of interest among the people in
the town of Bloomington, came on be-
fore Justice Baldwin Tuesday afternoon
A jury was impaneled as follows:
James Kilbourn, j. j. Mckenzie, Sam
uel Greene, M. S. Trowbridge. Jared
Barnett and j. f. Rhodes.
The case was opened for the plaintiff
by her attorney, r. G. Orr. in very
able presentation of her case. He was
followed by the counsel for the defense,
t. j. Brooks, who very clearly and
forcibly laid before the jury the grounds
of the defense.
Miss Mary BARLEY, was first put on
the stand. She testified that she had
taught fifteen years off and on. She
had contracted to teach the Grammar
department for the last school year of
nine months. She introduced her copy
or duplicate of the contract to that
effect, which was objected to by the de-
PENDANTS counsel, but admitted as evil
dence. The contract was signed by
two of the three members of the board.
Witness said she had taught six months
to the close of the second term, when
she received a note from the director of
the board that her resignation would be
acceptable. She did not know any
reason why she should resign and re-
fused to do so. Then they served on
her written notice of her discharge
and the reasons for it.
She told the clerk she should 90 on
teaching. He told her if she did she
would get no pay for it. She said she
had taught the school to the best of
her ability and knowledge. At the
time the next term began she was ready
and willing to 60 on with the school.
She was a qualified teacher at the time
she made the contract and at the time
she was dismissed. The district board
had paid her in full for the six months
she had taught, but they refused to pay
her for the other three months of her
contract. and for the amount of such
wages, S105, she sued.
On cross-eXamination she said that
one member of the board, Dr. Cham
bers, had never signed the contract.
The board had not had a regular meet
ing when her contract was drawn, but
had when she was engaged to teach.
This was in June, 1885, before the an
nual school meeting, at which new
director, d. T. Brown, was elected in
place of James Ballantine. This was
not the school board of the year in
which the contract was made. The
new board had never had any full
meeting. to her knowledge, in regard to
hiring her. She was asked. ''Was it un-
derstood by you and the board that the
regulations of the principal were to be
followed by your
Answer: II never agreed to any such
regulations"
The board did not refuse to hire her
unless she agreed to obey such regula-
tions.
Q. Didn't the board say to you,
when you went to get your contract
that they had heard you had said you
would teach your department to suit
yourself, without regard to Zimmerman
as principal, and that if you adhered
to that they would not give you con-
tract?''
A. l have no knowledge of any such
question being put.
| Q. Didn't you say to Messrs. Brown
and Hatch that they had you in their
power and you would agree to their de-
mand?
! A. | don't remember all that was
said, but / do remember one thing:
Mr.. Brown made q statement that he
didn't want to draw contract with a
teacher the people didn't want. said.
"When the people don't want me, let
me know and will 60"
She didn't think she agreed to OBEY
the principal, but was not positive.
She didn't go to the school-house to
begin teaching the third term, and said
nothing 20 any of the board except the
clerk, who she thought represented the
board.
/ JAS. Ballantine testified that he was
a member of the board till July, 1885,
and that they had had a meeting and
decided to hire Miss BARLEY again; had
made her an offer and thought she ac-
accepted it, considered her a good
teacher.
d. F. Brown, the.present director of the
board, testified that when the contract
was made DIR. Chambers, member of
the board, was not present and had not
been notified; that the contract was
made in his store, the clerk and Miss
BARLEY being present. He got the idea
that Miss BARLEY intended to take her
own course, disregarding the board
and principal, and he thought it
wouldn't do, and told her so. He told
her the board had hired Mr.. thinner
man as principal and should hold him
responsible for the success of the whole
school and he must direct the whole
school. She said she wouldn't agree to
{ be under his direction. She asked Mr..
Hatch, SIS that your idea?" He said,
Decidedly, yes" She said, "You
have me in your power, and will have
to agree to it." He told her she was
not in their power-she could do as she
pleased, but if they hired her she must
work under the principal, and, further,
she must resign if the board should ask
her to. She said at first she would not,
but at last yielded. 1t was distinctly
understood that she was to resign when
; the board asked her to do so, or when
she wanted 10 do so. Robert Collier
had told him that she had spoken very
disparagingly of the board and the
principal, and he BROWN mentioned it
to her, but she was inclined to deny it
altogether. She finally agreed to work
harmoniously with the principal. But
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