The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-08
TEACHERS MUST WAIT
Directors Postpone Salary List
Until Next Week.
FRIENDLY SUITS DIsApPRovED
Those who rn=fs. on Pull PAY DO SO at
Their Peril MaeDougau OPP
poses GoIkett.

A number Of the city school teachers.
or account Of tire lnaction 81 the hoafs
Of education yesterday. viii Tait for tneir
salaries a week longer than they *
rs~efad whHn the board met yesterday
afternoon there were present AsssFs-
King. Cofkett ard AaeDoagah. Is7e
question o. salaries ~ the teachers IN tie
Tafnler and South schools came up IN the
share ~ a motion b. King that the
teachers 10 allowed pay until yesterday
provided they would sign quiffsnce Tor
al demands for this year. Tnis T9uli
rnake the salaries Of the teachers ~ those
noals the sarr2e IS the others, attnolg "a
they we're relieved several days scfs'ssF'
and the teachers ~ere willing 70 enter
into Kings agreement. But Colkett oh
se~sea. greatly 20 MaeD0ugaifs disgust.
and as three directors must consent be
fore a warrant can be ISSUED. the oh'E
.hing 20 be dore vas 10 continue the
matter Accordingly The question ~ent
over until "Wednesday.
Tho next question was thc approFat o.
the salaries Of the other TEACHERS. ali the
directors being willing 70 allow salaries
up 10 yesterday bat Mac DougaH refused
10 vote because as be said, Colkeft nan
oppoeeei like motion ia reference 20 tire
Rainier and SoHth schools So al the
pay rolls went over. the board not having
passed any bill nor ordered warrant
drawn. Nothing all be done until next
"Wednesday.
Prof g. NJ. Dawson. Prof c. a Tay-
lor prof j. -. Curtis Miss White and
Ngzs Lynch. a committee appointed at
meeting OF teachers Thursday. appeared
before the board 70 sound the members
IN reference 20 test suit for salary for
the unexpired period ~ three weeks.
King spoke for several minutes as al IN
diviauai. informing the committee that
so far "a he Was concerned there could
Re no friendly suit against the board. and
that he would take notice 81 any such
step as a guide "a his future action. the
Inference being plain that any teacher
who insisted on his salary for the full
term no matter what his strict legal
rights might be-. might consider himself
flackllsted. Colhett also spoke TO the
same effect. but Was not so emphatic as
king
Ia taking the position that the salaries
are not due the board is acting accord
Ing to the opinion % White. MuBday q
Fulton, It's legal advisers. In substance
the opinion is as follows
The schools are closed by operation Of
Law. and even conceding that the teachers
are employed for the school year Of ten
months yet we think that they are not en-
titled 20 compensation for the time the
schools remain closed under quarantine
regulations OF the board OF health. and
that the board Of education has no Lawful
authority 10 pay them for such time. ana
TO draw warrants on the treasurer for
their pay during such time would be a
breach OF duty on your part.
The following are some Of the reasons
for this opinion;
Parties must always be considered as
contracting with reference 10 the law as
II existed AT the time of tho contract II
or In part impossible by reason of a
change in the law. the contract is To that
extent discharged. Therefore. If one
agrees TO do a thing which ~ Is lawful for
him to do ana u becomes unlawful by at
of the legislature Cor as IN this case. the
lawful order Of the board OF hcalth, the
laws avoids the promise
III logically follows therefore that II
the obligation OF the teachers 10 perform
their part OF tho contract. through nc
fault OF the school districts. Is disc harged
then likewise the obligation OF the school,
district 10 perform their part. 10 Wit. To
pay them their salaries for the remain
ing month IS equally discharged and the
contract wholly az an end
"1ur attention has been called 10 de-
eision Of the supreme court or Michigan
the ease Of Dewey -. Alpena school Dis.
tricr. g Michigan. 4So. IN that case tbs
school district closed the schools Of is
own volition. because Of the prevalence oi
smallpox. The plaintiff in the ease a
teacher. had been regularly hired 20 serve
as a teacher for the period Of ten months
AT salary OF $3.50 per month. The dlstric
refused TO pay said salary during tn,
period OF suspension. ard the suit va.
brought for tho recovery OF the same
The supreme court held the district iahl,
and held that tia closing Of the school,
IN that instance WAS not one Of necessity
bat Of strong expcdlcncy. In our "a Sc
however. the closing OF the schools is one
OF necessity. because tho same has beer
commanded hy the board Of health "A body
clothed with power by the law 20 deter
mine the Eeccssity-in other words IN,
public schools % the city have been close
hy operation OF law and not hy the act o
one ~ the contracting parties"
About twenty of tho teachers had IN
tended leaving Monday by special car
over the Great Northern for the East for
their summer vacation. u Is said that
failure to get their salaries Vii interiors
70 some extent with their plans.
The food not the coat. makes the man
None 80 good as that prepared With Dr.
TH-Ea a.