The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-11-30
BOARD HASTHB POWER
TO FIX THE SCHOOL YEAR AT
LESS THAN TEN
MONTHS
JUDGE KELLY FOR TEACHERS

Comptroller McCardy Is Not Sus-
tanned in His POsitiOn-BOard Can
Spend Amount for Teachers Sal
aries in Less Than Ten Months III
Desired Corporation Attorney
VIII Not Appeal the Case Higher.
Judge Kelly yesterday in the district
court handed down a decision in favor
of the plaintiff in George Weitbrecht
against the City of st. Paul, the test
case brought by the school teachers
to recover the full amount of their sal
aries as fixed by the board of educa-
ton without reference to the action of
the supreme court in declaring the mill
and a half additional school levy uncon-
stitutiondl Furthermore, according to
good authority, the case will not be APP
pealed.
Comptroller 'McCardy, whose refusal to
audit the pay roll brought about the
strained relations between the teachers
and the city, was unwilling to express
any opinion in regard to the effect of the
decision. The matter, he said, was in
the hands Of Corporation Counsel Mark
ham. Although the latter was not in
his office during the afternoon it was
stated authoritatively that the matter will
not be appealed. In view of the fact
that commission has commenced work
to frame a new charter to be submitted
to the people within six months the ques-
ton originally raised has lost its i'm
portance, according to the city authori-
ties. Should the charter proposed be re-
jected there will be still time to appeal
Judge Kelly's decision is as follows:
The parties above-named. appeared
thereof Ou held Saturday Spso Nov. 'st s,
| A. D. 1899, and submitted a written
stipulation of facts and of the contro-
| Versy between them thereon, signed by
the attorney for each party and filed
! herein on said date, and to which is also
attached a written stipulation, signed as
| aforesaid, that the undersigned. one Of
the judges of said court, should hear and
| determine said controversy upon said
| stipulated and agreed facts.
Now having heard the argument Of
! counsel and upon the facts set forth in
| said agreed statement and stipulation, the
court finds as a conclusion of law that the
| plaintiff is entitled to recover of the de-
! fendant, CITY of st. Paul, the sum OF
| services performed by him under the
! employment and in the capacity of a
! principal teacher of and in the Mechanic
| Arts high school, of said city, during the
| month of October, A. D. 1899, as set out
in said agreed statement of facts, and re-
| naming unpaid as therein stated.
Let judgment be accordingly entered.
Following is the memorandum accom-
panying the decisiOn AS required by
law, the board Of school inspectors, on
June II, 1899, submitted to the mayor it's
annual report, which included the names
of teachers, their salaries, etc., and which
was approved and sent to the common
council. In this report the board stated
hot bo cI1ro Of
to pay salaries; of5the. teachers for the
next year, The council by, ordinance
thereafter appropriated and set apart the
sum of 1921, $40 for such teachers salaries,
which left anAaPparent7 deficit of $39, 290
for said purpose 3n., .,...,.
Thereafter the board, having duly ap-
pointed all the teachers and fixed their
salaries, including plaintiff, whose salary
is $40 per month, adopted a resolution
reaffirming~ its schedule of salaries and
directing its monthly pay rolls to be made
out accordingly, and that the school year
be regulated by the amount of money
at the disposal Of the board. This means,
as 1 interpret it, that they will
5ra KEEP THE SCHOOLS OPEN
as long as the 1927, 80 available will pay
the teachers at the salaries fixed.
On Sept. II, 1899, the council by resolu-
ton attempted, pursuant to chapter 40.
Laws 1899, TO levy and raise by taxation
900 additional for school purposes,
and to set apart 49,, 300 of this sum for
salaries, etc. Had this succeeded, the
! council would have set apart for salaries
| of teachers q, sum. practically as large
! as asked by the board. But it failed,
said chapter 40 Being declared void about
! Oct. %, 1885, by the Supreme Court
The schools, opened Sept. II and plain
| tiff and the other teachers began and
I continued to teach to this date, and in
! October the pay roll for the teachers
salaries for September was made out &C
! cording to the original schedule allowed
| by the city authorities and paid, Mean
! while the decision Of the supreme court
as to chapter 40 was rendered. In No
| vember a similar pay roll for October
salaries was prepared and presented, a
requisition for its payment made, but the
| comptroller refused to audit the same
and it was not paid. Hence these pro-
| ceilings.
The law governing the conduct of the
public schools in st. Paul is found in
| chapter SO, Special Laws 1894 called chap
| ter IA, Municipal Code.
This act vests in the common council
the sole power and duty of raising by
| taxation money necessary to maintain
| the schools and of appropriating such
! moneys when so raised.
| 1t vests in the board of school inspectors
the exclusive control and mana cement
| of these schools, as to the employment
! of teachers and fixing their salaries This
board has all the rights and powers Of
! the old board of education, except the
! right to be a corporation, and all powers
| of boards of school trustees under the
| general laws, except as limited in the act
| but to be exercised under the councils
| supervision.
Section of this act provides that the
! common council may reduce the total
| amount of teachers salaries recon-
mended by the board for any year, and
! that the total reduction so made shall be
! apportiOned among the teachers by the
| board lin such manner as said board shall
| deem just and most conducive to the pub
| lie welfare, and salaries so fixed be
| paid monthly.
Counsel for the city contends ID that
| the board was obliged, when it became
| known that there would be in round num-
| bers $4,000 less than the board REQUIRED
for salaries, to SO
DISTRIBUTE THIS DEFICIT
that only say one tenth Of 1927, 80 would
be necessary to meet each monthly pay
roll This necessarily involves the claim
that the school, year under the law must
be ten teaching menths-from LIST of Sep
TENDER to 1st~ef-July.r $780,
Counsel for plaintiff, while admitting
that the board cannot expend or obligate
the city in more than is appropriated,
| says the board may meet the difficulty by
| reducing the notwithstanding year.
! In my opinion, under the stipulated
facts, the city f1OsitioT1s~ -iII1fapo bIo