The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-04-03

THERE is much interest being shown
in the meeting of teachers which has
been called for this afternoon to dis
cuss the possibilities of securing part
of their back pay. The discussion hinges
on the question of a compromise with the
merchants, and it has already consumed
the time of three sessions. 1t will come
to vote to-day, however, and the matter
will be decided one way or the other.
The offer of the merchants comes in the
form of report from a committee which
had been appointed to negotiate on the
question and settle it If possible, but the
report of the committee has not met with
the unanimous favor of the teachers;
there is much opposition to 1t. The oppo-
sition is based principally the ground
that the compromise as offered provides
for the payment of the merchants at the
expense of the teachers, leaving the
teachers no better off than they were be-
fore. There is also involved the old ques-
ton as to the application of the one
twelfth act; in fact, the whole case prac-
tically turns on that same act.
The compromise offered by the raer-
chants is this: The teachers are to allow
the merchants to collect the full amount
of their claims-a total of something over
SSS 900. This would use up the balance
on hand from the first half of the current
fiscal year, amounting to over $35 ,000 and
about $4,000 of the funds necessary for
the department for the months from jan
uary to June. The compromise further
provides that one-half of the amount col
lected, or $4,000, be turned over to the
teachers at once, and in return that they
transfer to a trustee their warrants for
the months of November and December,
the unpaid months that are causing more
than half the trouble; that the trustee
sue the city for the same and If he sue
coed in securing payment he is to pay
the teachers one-half of their salary claim
and then divide the remainder between
the merchants and the teachers pro rata
1t is provided, however, that no money
secured by the trustee on the teachers
warrants is to interfere with the amount
now on hand to run the School Depart
ment until the new fiscal year in July.
In this way it is expected that the
teachers will at once receive the half of
the s35, 900 and later will get the half
ing funds of the year. At the end of the
year this will leave the fund short, be-
sides the two, months lost. $4,000, but Of
S44 900, and 1t is figured the difference be-
tween the shortage OF $4,000 and the
S44 900 received, or $4,000, VIII be the total
loss to the teachers in addition TO the
two months.
The $35 900 is now under injunction by
the teachers and none of 1t can be paid
until that injunction is withdrawn. If the
injunction holds, the teachers will be
compelled to put up bonds to the amount
Of the claims of the merchants, and to
do this, 1t is said, it will be. necessary to
hypothecate the warrants of at least one
month not in dispute. If this be not
done then the injunction suit must be
dismissed. In that case 1t is claimed by
the merchants that they can step in and
take the entire $1,000 for themselves and
enough more to pay their claims in full.
But here the oppositon's side OF the
case comes up. The opposing teachers
claim they stand an equal chance of get
ting their money with the merchants and
+baI- dO 6rnit that the merchants
preferred creditors in any sense. And
even If they were the teachers claim that
they can only secure the $685. 600 The mer-
chants tried once to tie up the funds OF
the second half of the fiscal year but
Judge Seawell dissolved the injunction
and salaries for the months of January
and February have alreauy been paid
and the March warrants will be issued in
few days. AS 1t now stands, the teach
ers have lost two months pay. There is
sufficient money in the treasury to run
the department, so far as salaries are
concerned. until July and leave no one I'M
paid. This money, the teachers claim,
Judge Seawells decision in support of
their position. So far as assigning their
of the opposition that this will merely put
into the hands of the merchants tan
gible claim against tie department,
whereas if they had no such claim their
claims for merchandise would become
outlawed at the expiration of the present
fiscal year, a benefit wholly to the, mer-
CHANTS, DIS IL dllOWS lllSAll " ltNoNAA NAiO
funds for the current months.
Already there has been paid by the
teachers 2 per cent Of their monthly sal
aries for litigation expenses, and the
amount bids fair to be larger before they
have done. Besides this, there is feel
ing that while there may be some doubt
to be preferred in the payment. there
can be no doubt about the safety of the
money for the remainder of the year un-
der Judge Seawells decision. For that
of the ODlniOn that the
teachers should try to secure as much of
the s35 900 as possible. and let the mat
provide some means of paying the un
paid months, instead of adding to the
shortage. In any event, they figure
they can come out no nearer than two
months and $4,000 under the compromise,
while If the compromise is rejected they
will be only the two months to the bad,
leaving out of the question the $35 900.
For this reason a substitute for the
compromise plan has been presented to
the teachers. and it is that which will be
voted on to-day, This compromise pro-
vides that the teachers withdraw their
injunction on the $4,000 and allow the
whole amount to go to the merchants,
provided that the merchants will make
no legal assault on the funds for the
current six months. This will allow the
merchants. it is claimed enough to en-
able them to await the time when by con-
stitutional amendment their claims can
be adjusted: and even then, it is set
forth, they are better off than the teach
ers, for that $35 900 represents but a frac-
ton of their business, while to the teach
ers the amount 1t represents means their
whole earnings for two months. With
the question settled to that extent it is
believed both sides can await the further
relief provided for in the bill recently
passed by the Legislature.
There is another faction. too. which
does not believe in quietly relnquishing
all claim to the $4,000 They claim they
are entitled not only to the half of It, but
that portion which should go to them If
the amount were divided according to the
relative sizes of the claims The teachers
demands amount to about $780, 900, the
merchants to about SSS.0OO and they want
the $35 900 divided in that proportion. They
declare the merchants demands were con-
tracted for in excess of the one-twelfth
act and so are not legal claims and they
are willing to test the matter in the
courts. Should they get any of this they
will come out less than two months be-
hind, instead of two months and $4,000, as
the compromise provides.
The committee proposing the comprom-
Use plan does not urge the measure as its
own. The members have stated that the
plan is to them the best in sight and for
that reason they wish to see it adopted
but If the teachers do not wish IL thew are