Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1891-06-19
Garnisheeng Public School Ieacnefs
Salaries,

1t does not seem to be known yet Ill VIZ
ginia that the salary of teacher in the
public schools cannot be garnisheed IN tne
hands of the School Trustees. This ques-
ton has been settled in Augusta county
and there has been no further trouble On
the part of teachers about it.. The decision
| was rendered in case where J. M. Warren
a creditor, had garnisheed a teacher IS salary
in the hands of the School Board Trustees.
The magistrates court had decided in favor
| of the creditor and the teacher took an ap-
peal to the County Court. Judge Stout
having a relative interested in the case va
Gated the bench and called MI. Geo. M.
Harrison of the Staunton bar to the bench
to sit in the case. 1t was the first case Of
the kind brought into court. and we
give Mr.. Harrison's opinion in full:
This case is one of more than ordinary public
Importance the question to be determined IS
briefly this: "Can the salaries of the public
school teachers OF this State be taken by
process Of garnishnsent in the hands. OF the
BOARD of Trustees of the public schools in
the several districts of the counties and cities,
for the satisfaction of creditors "of such
| teachers.
1t has long been regarded as settled law
that the officers of the State government can,
not be subjected to this process, for sound
reasons OF public policy. In "Rollo assignee
nes sna Anasi 6e Con o % GFa S&ds case s
acknowledged authority can be. found which
holds that the officers OF the State can be made
| liable by this proceeding for funds in their
hands clothed with trust under authority OF
a public law. The question would seem to be
then are the Boards OF Trustees Of the public
schools officers of State'-I am of the opinion
that they are"
The public school system is now recognized
on all hands as one of the largest and most
| important branches of our civil government.
These various ''Boards of Trustees" form
part of that vast machinery, each part OF
which is Indispensable to its successful ope-
ration, they are entrusted with the control OF
funds clothed with trust under authority of
law, to be disbursed in a special manner pre-
scribed by law. And to quote the language
of Judge Staples in the case referred to, it is
impossible to foresee the mischief and enbar-
rassment that would ensue if they are to be
involved in the conflicts of creditors, to an
swer innumerable rival attachments, answer
heterogeneous, and otherwise consume time
and attention that should be devoted to the
discharge of public duties.
The opinion have expressed in this case, |
find is held by Warner Q. j., in the case OF
"HightoWer gs. Slaton,' 81 Ga. los. which
all respects. And in laying down the law in
that case to be s'that the salaries OF public
school teachers cannot be garnisheed, this
learned Judge Gin whose views concur) says:
'sTeachers in the public schools CT the State,
as general thing belong to that class of per-
sons who are dependent on their earnings in
that capacity for the support Of themselves
and families. There is no class Of persons in
the State whose services are more important
: to the welfare of the people thereof than the
Industrious, competent teachers Of the coun-
try But if their wages on which they and
their families are dependent for support, are
liable to process Of g01nas}aeDae1t, the public
] will be deprived Of their services, because
they cannot afford to engage In a business,
which must necessarily If they perform theil
duty, occupy their whole time, and they can.
not labor in their vocation without meat and
bread and wherewithal to be clothed. The
children of the State cannot be educated with
out competent teachers, and competent teach
ers cannot be obtained if they are to be de-
prived of their wages for the support Of them
selves and families by process OF gGrnSslla1sent >
1t is better that the individual creditor
should suffer than that matter of such vita
importance to all should be permitted to sui
fer.
!. am of opinion therefore that the judgment
of the court below against the Board of trus
tees of the public schools for Middle Rive
District must be reversed annulled and Sc
= aside with costs to the appellant.