The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1889-09-28
COU2T DECISIONS.

"Where a board of directors of a
school district make a contract with a
teacher containing a provision for All
annullment of the contract when the
teacher failed to give satisfaction,
it was not enforceable against a teach
er, because outside of the contract
prescribed by the statute, the school
commissioner alone is competent TO
discharge n teacher after the execution
of the contract bet " cen him aud the
school district" "a Mo. A $50.
This case was appealed by g. S.
Frazier, a teacher in Saline county, and
was decided by the Kansas City court
of appeals. Ii is in accord with Sec.
7046, and The provisions of Sec. 7046a
conform thereto. The only way for a
school board to get rid of a regularly
employed teacher, is TO prefer charges
in writing against such teacher. file
them with the county commissioner,
and ask for a revocation of said teach
er's certificate. Should a board dis
miss a teacher otherwise, such teacher
can collect pay Tor the full time for
which the contract is drawn. The
revocation OF the teachers certificate
annuls the contract.
"a minor who il neither an orphan
nor an apprentice, and whose
parents reside without the school
district, is not entitled 10 at
tend a public school without
payment OF tuition fees, although hav-
ing II home-m0re or less permanent
within the district" 30 Mo A., 2S5.
This is II case in which a child in
Montgomery county was sent to live
with its grand mother in Hermann.
The court holds that, 1.-the domiciie OF
the parent is the domicile of the child"
q Mo-, $50.
But the school law speaks of CREST
denCe aud not G0micile." Sec. 7045.
Therefore. when II child over six
and under twenty years Of age, takes
mp Il temporary abode in Il school
district il being neither an orphan uor
an apprentice, il acquires no residence
thereby and cannot be enumerated by
Sec. 7049, q can il be admitted free
of tuition to the public school of such
district, while its parents reside beyond
the limits of the district. The resi-,
dence of the parent fixes the residence
OF the child. This decision has settled
a vcxed question.
"Thc directors Of n school district
cannot violate or abandon "A contract
made with Il teacher by Sec. 7046,
because there are not sufficient funds
in the treaSury-or collectible-to pay
the compensation agreed upon" &c
Mo A, lib.
This was q case in which the school
board of Poplar Bluff, Butler county
contracted with the principal and
teachers to teach a ten months school,
but closed the school by order of the
Board at the end of eight months,
claiming that there were not sufficient
funds to maintain the school for ten
months The principal, j. l. iudy,
instituted suit for the remaining two
months wages, and the ST. Louis court
of appeals held, "rhc teachers are en-
titled to their pay for the full two
months" although not taught and no
reports made for said two months.
The court simply decides that when a
board contracts with Il teacher, Each
party is equally bound thereby and
the board cannot aunul said contract al
will, or "By the order of the Board. -
Sec. 70l6 and 70I6a, are i'll line with
this decision. a school board has no
power TO dismiss Il teacher. Sec.
7U46a. w. E COLEMAN.