The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-01-14
TROUBLOUS DAYS
FOR THE BOARD
Of EDUCATION
Injunction Suits That
Are to Come.
THE KATE KENNEDY DECISION
A VIRTUAL CONTRACT" WITH
NORMAL PUPILS.
THE KATE KENNEDY DECISION
Statement of Auditor Wells Regard
ing the Amount of Money to
Which the Board Has a
Legal Right.

Two new injunction suits have been
launched on the sea Of litigation and a
third is on the ways ready for a start
This is the beginning of the merry war
that is on between the Board of Educa-
ton and the teachers where tenure of Of
flee has been or will be cut short.
The first two cases are those of Miss
Emily Dyer and Miss Mollie l.. Sabin.
teachers in the Washington Evening
School, whose classes will be consolidated
into others and whose positions will be in
consequence abolished.
The suit to come is that connected with
the abolished City Normal School. In this
case two points are raised, to wit: The
alleged virtual discharge of teachers from
their positions, and the abrogating of a
virtual contract" entered into between
the board and the Normal students, by
which contract the city agrees to fur
nish one years tuition and diploma of
graduation to said student.
Attorney ]. A. Spinetti will conduct the
case for Miss Dyer and Miss Sabin and
Henry E. Highton will be retained by the
Normal School teachers and pupils.
In the matter pertaining to the Normal
School teachers action will be based upon
the case of Fannie l.. Soule, who was dis
missed from her position about five years
ago and who won her case, which was
conducted by Judge Highton; also on the
Supreme Court decision in the Kate Ken
nedy case.
1t will be remembered that this teacher
was transferred from one school to an
other of a lower grade and a lower sal
airy. and both the lower and higher courts
held that she had been removed without
cause, arbitrarily and illegally. She was
not an employe in the ordinary sense of
the term-that is, with limited term of
employment-but an elected teacher, and
as such was eligible to the position until
removed or dismissed for incompetency,
unprofessional or immoral conduct. In
the closing paragraph of the decision oc-
Cured these sentences: at may be well
to say that cases may arise in which a
teacher cannot compel the Board of Ed
ucation to continue his employment and
enforce the payment of his salary. For
example, when the school in which he is
teaching is abolished or for any reason
the position has ceased to exist; but no
such question is presented here"
Whether this implied in the minds of
the learned Judges the possibility of a
contingency in which School Board
could abolish a school and discharge or
remove the teacher, or II such question
had been presented there, the decision
would have been materially different, the
courts may be called upon to decide
Director Holbrook stated yesterday that
Injunction suits may come and injunction
suits may CO. but the board would go on
just the same; that the board had the
authority to abolish any city school and
thereto, the Kate Kennedy case to the
contrary Notwithstanding. 1t is believed
that every teacher who anticipates the
consolidation of her class will anticipate
suit against the board. Moreover, there
are visits made to attorneys offices after
school hours and reading up on school
suit decisions to an extent never known
before
Auditor Asa r. Wells has submitted his
answer to the Board of Education regard