The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-02-25
PLAN KNOCKED OUT
Teachers Retirement Fund Scheme
49,. Is Declared Illegal.
A FRIENDLY TEST PROVES FATAL
Judge Simpson Says No Authority
Exists for Withholding Part OF
... Teachers Pay.

Judge Simpson has given the teachers
retirement fund proposition mortal blow
and unless the legislature or some other
equally powerful agency comes to the
rescue, the plan is KILLED. The present
plan of holding out l per cent OF the
teachers salaries and turning 1t into
retirement fund is not possible under the
present powers Of the board of educa-
ton. Consequently the application OF the
city Of Minneapolis and Controller Joshua
Rogers to quash the alternative writ OF
mandamus secured by Clara E. Jennlson
to compel Controller Rogers to sign a
warrant for $6OS37 in favor of John A.
Schlener, as trustee of the teachers re-
tirement fund, is formally granted. The
suit was a. friendly test and its outcome
is in the nature of a staggering surprise
for both sides. p 1888 49, s--...-.. b.
In his memorandum accompanying the
order, Judge Simpson gives brief history
of the case and quotes at some length
from the rules of the board with regard to
to the retirement fund. Continuing, ne
says:
The main question is whether the board Of
education is authorized to create teachers
retirement fund by deducttng from the teach-
ers' salaries a certain percentage and placing
the same in the control of board OF trus-
tees. Under familiar rules OF law me
board of education may exercise the
in or incident to the powers expressly grant
ed but no other powers. i H..
I am of the opinion that the creation OF
such retirement fund as is attempted 10 pe
created by the rules Of the board Is enIllely
beyond the expressly granted and 1alrly lin
piled powers of the board OF educatlon Inc
board was created to receive the moneys leViee
for school purposes and expeno sucn noness
! in the maintenance of the public schools.
This involves the employment OF teachers
for present service. The board is expressly
authorized to employ super1ntenoents auo
! teachers and make rules for the employment
and examination of teachers and prescribing
| their powers and duties.
! The retirement fund is directed primarii!
| to the welfare of the teachers AFTER they
| have ceased to participate actively IN the
work and instruction carried on.
There is no suggestion in the organic ac'
of the board of education that it is designed
| to give employment for the oenent Oh enose
! e,nnloved as teachers or that it is chargec
with any duty towards individuals who nave
been teachers. The employment OF teacnei'
| is authorized solely because teachers are
necessary in order that the pupils may o.
| edncated In all matters pertaining to the
! craftsmanship of teacher and scholar the ooart
has ample power, but the moment 1t steps
beyond the field of education OF the scnoo
children it's sphere and influence uenneo W
IRIS organic act it is wholly W1Cnoul power
Ample power granted for one purpose zoe:
not create by implication even slisn1 po"e'
] for another purpose. l., ~,
schools maintained by the board, all reia
! +,onsh;n between that individual ana ths
| hoard of education as a quasl-pupnc cor
| nora+ion ceases. And the board Is Wholly
without authority;sto put into erect syseel
| If retirement fund designed to make pro
4 vision for persons after they nave Ease
to take any part in the educational "ofA III
| trusted to the board.
i The merit Of q pension system for teacn
orc is NOT involved in this case But IL may
! ha suggested that If such a system IS 10 o.
\ as+oblished It should be Established by leSis
! lation from a body having full ana amp
! mower to create fund for the benent OF re
| firing teachers, without requiring teacnef
I! tn contribute to the fund who never expect I
participate in it; and such Legislation snoul
rrascrtbe carefully for the safe Keeping an
| ~ basement of the accommodations in tn
! fund and teachers should be given. especiail
, q +bav are to contribute to the frnd, create
1 certainty that they will not Do deprived
1 +ba haneft OF the fund by removals, witnou
! cau.e prior to completion OF the term ~ ser
vice which under the law would enutle
4 retiring teacher to participate in the funds.
4 The plan Is Still Young.
nha teachers, retirement fund projec
was first agitated about four years eap az.
i The legislatures Of 1897 and 1sS9 Wer
j yatnly besought to authorize sucn q iun {
Then Then the school board was induced t
| take the matter in hand on its own re
sponsibihty, and 1t passed resolutio
i creating such fund and adopted rule
tor its collection and distribution. Tn
| scheme was put In effect at the begtnnin
Of the school year of 1900-1901.
i The. chairman OF the finance committe
& Twas made the custodian OF the funds, an
q aar,, month he was authorized to deduc
4 from each teachers salary per cent {
the amount Of the check.