The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-24
TgE TEACHERS LOSE.
r.doe Osborn Denies Their
Claim to Lost Salary.
.uuo NOT FINISH THE TERM.
usd Full Power TO Close Schools
rhfberg Wins His suit-CIaim
for Illegal Fees.
cnup NOT FINISH THE TERM

/ s.,.os district No. gained victory
- s,.ssgs Os5crn's decision last night,
49, he oveFruled the demurrer raised
u.-xarst p. Lynch In her test suit
.w,-st the district for balance OF salary
80 school term of iss4-5. which term.
n; 5e remembered, was interrupted
=; the session suspended by order Of the
- n health. The facts of the suit as
ss-s.sa IN the complaint are familiar TO
- ns,siic. In the answer fled by the
.-s,sl district all the facts In the com
r.srt were admitted, but the affirmative
sf.a<s was set up that the suspension
. AZ session was the result of an opera
- n the law, which effected the release
= hcta parties 10 tho contract, the teach
- ana the district, so that neither par
: rAs rendered further liable. Miss
sruch then fled demurrer. urging that
- Affirmative defense set up In the an
r., was not sufficient. This demurrer
.ss argued before Judge Osborn last
,'rst tae main grounds in support OF it
s<srx az follows:
Yrs,-The hiring OF the teachers was
a. enc year from June 30. 1894, TO June
n pS5 and operated as a contract for the
shcoI term at $50 rather than as a con-
surf BY the month at s75 a month.
s<cond-After the order for closing the
esools. the teachers were still bound by
t5ntract to remain within the school dis
ne. for the remainder of the term. ready
E resume work at days notice. The
syser for closing was indefinite as to time.
nyng only that the schools were 10 re-
ssln closed until otherwise ordered"
Third-Even IL the action OF the board
q, health had been legal the misfortune
sss that OF the board of education and NIT
sAas Of the teachers.
Fourth--The closing of the schools by
ss board OF health should have been pro-
sssi for in the contract.
Ffth-Tha action OF the board CT health
vas Illegal and invalid. Quarantine should
have been established by the city council
sai not by the board or health.
Replying 20 these arguments one by one
fse aftor1sY for the school district main
.Alned as his main ground that the clos
sg Of the school was a necessity, binding
alike upon the. district and the teachers.
because commanded by the board OF
health: In other words. that 81 resulted
from the operation OF law, and not from
TIE ert CT either OF the contracting mar
ties. This wis followed by an ANALYSIS OF
the city charter. the city ordinances, and
. statement OF the general principle af-
fscting laws and ordinances for the pres
erva,ion OF the health OF Municipalities.
n the course of which IL was argued that
fhe preservation OF health Is police
power and can be delegated TO the munich
pall,y or other public body.
Judge Osborn, in reviewing the nrgu-
neut. said: There Is really but one oues-
ton involved here: Is the answer OF the
defendant. pleading that the closing OF
the schools was the result Of the opera
ton Of law, a sufficient defense? This
question Is TO be solved fully as much by
the application OF legal principles as by
that OF adtudlcated cases. Was the school
closed by law? IF so. then both parties TO
The contract must stand absolved: 10 car
~ on The school In violation OF law, even
tAongh IN fulfillment of a contract. would
render either party. or both. liable to a
penalty. Did the city OF Seattle have the
power 70 order the closing or the schools
] must hold that II had such power. and
the granting OF such power I'm IT'S charter
was not unconstitutional. I have careful
y noted what has been said about the
limitations OF delegated authority. and am
ready 70 admit that there can be no dele
rztfon OF delegated authority. but we are
scs TO suppose that a meeting OF the city
nuncil must be called every time street
'rawl has 10 be stopped. The power 20 do
certain thing carries with Il the power
0 adopt proper means ard agents for do
ag. The city had the power not only 10
lose the schools. but 10 adopt the proper
Igencies for closing them. II Is not a
question whether the action was wise
vat whether II was legal. when the ordi-
lance was passed II made the further
arrying out OF the contract by either par
y tmprs cticahle. This may seem 70 work
! hardship. especially In that the teachers
TAD 70 hold themselves ready 10 resume
york at n days notice. Nevertheless,
must hold that the answer states a good
'efense. and the demurrer IS overruled.''
The plaintiff viii now be allowed FIVE
laws In which 20 file reply. Whether
'he win do so or not remains 20 be seen:
but In any event the case viii he taken 10
he supreme court, as IL involves in reality
not only the claims presented by Miss
Lynch. but the balance on all the school
'alsries in this district for tho month OF
s1aK