Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-13

schools for the month of September under
the facts above set out.
In order to decide this question ! must
first determine whether these latter gen.
tlemen are holding their places as mere de
factos teachers, or whether they are teach
ers de jure IS we'll as de facto. II they
are holding as mere de facto teachers and
are usurpng and occupying the places
held by them in violation of the statutory
rights of Mrs. Cooper and Mr.. Clark, they
are not entitled to be paid for their serv-
ices as such de facto teachers for the
month OF September 1t has been repeat
eddy held, and without exception, so far as
l have been able to ascertain, by the
courts that where an employe or officer of
the government is wrongfully for given
time prevented by those in authority from
performing: the duties of his office or place.
such officer or employee is entitled to the
salary thereof during the time he is SO
wrongfully prevented from the perform
ance of his duties on the showing that
such enploye was ready and willing curing
such time to perform the duties of his
position.
1T is, therefore, of prime necessity to de-
termine whether the places as teachers
now held by Messrs. Jackson and Bruce
under the law belong to Mrs. Cooper and
Mr.. Clark. If they do not. Messrs Jack
them by the proper appointing power,
namely, the board of education, and, in
compliance 9TH the law requiring an ex-
animation before the appointment of new
tCdCIfeiS, lDey WOuiu De as a matter or
course entitled to be paid their salaries
for the month of September.
No Charges Preferred.
ut is contended by those representing
Mrs. Cooper and Mr.. Clark that under the
law each of them was retained in the
present school system in the Places they
formerly held under the old law, no
, charges having been preferred against
either of them of pb oil hoo
or opportunity to Defend that necessarily
they are now holding their old positions.
the ones now occupied by Messrs. Jack
son and Bruce. and are entitled to the
salary attached to these places, notwith-
standing the fac of the attempted APP
pointment of Messrs. Jackson and Bruce.
The organic act in section p confers
upon the board of educa tion among others,
the following power and authority:
The board shall appoint all teachers
in the manner hereinafter prescribed. and
all other employees provided for in this act
Section Is of the organic act is a gen
eral repeating clause. and repeats all acts
or parts of acts in conflict with it,
Any prior law giving tenure to teachers
hereunder employed would be in irreconcil-
abie conflict with the above clause of the or
ganlc act which gives the present board of
education the power and authority to ap-
point all the teachers provided for in this
act. Inc p!acest which 1t appointed Messrs
jackson and Bruce are places provided for in
the organic act, and any former law curtail-
ing or affecting this right is of necessity
thereby repealed If Mrs. Cooper and MI.
Clark are by force of law retained in their
respective places such law must be found
IN the organic act and not in some prior
law under which they were appointed
is there any such provision in the or
S anlc act uhoef winch Messrs. Jackson and
Bruce were appointed to fill the places for
merry held by Mrs. Cooper and Mr.. Clark
Empowered to Appoint Teachers.
has oh
OF education is empowered by the terms of
the act to appoint all teachers in the man
ner therein prescribed
What is the manner therein prescribed
for the appointment of teachers?
AS to the appointment of teachers. If is
provided in the act:
L. mat no teacher shall be appointed by
the board of education except unon a writ
ten recommendation by the superintendent.
That the board shall arrange ali
teachers in classes and groups in the sched
ule set out in the act, except as otherwise
therein provided ''-- " i''e
:, D. mat no teacher shall be appointed in
the graded, high, manual training or nor
mai schools, or teachers of special Studies
unless he or she shall have passed the ex-
animation provided for in the act
mat no person shall be appointed to
teach IN any academic or scientific study
IN the normal, high or manual training
schools who is without a degree from an ac-
credited college or the holder. of a certif
cate from an accredited training school
with at east five years experience in a
high school.
provided, that no teacher or officer in
the service of the public schools of the Dis
trlct OF Columbia at the time of the pas
sage of the organic act shall be required to
take an examination either mental or phys
ical to be continued in The school service
All the Restrictions
'''rhe above arc al no ON
itations that have been able to find placed
upon the board of education by the organ
ic act in relation to the appointment of
teachers
1T is earnestly contended by the repre-
sentative of these two old teachers that the
above proviso ex proprio vigore retains
them in their old places. In my judgment
1t mercy eXempts the teachers in the serv-
Ice of the public schools of the District at
the time of the passage of the organic act
from examination, either mental or phys
ical in order to be retained in the school
service.
THE proviso in question which imme-
diately follows that part of the act which
declares that no teacher shall be appointed
in the schools without first having passed
the examination therein provided according
to the rules of statutory construction mere
ly limits the operation Of that part of the
&C of which it is proviso by exemptng the
teachers in the District schools at the time
PEELED to take the examination therein pre-
scribed. but confers no Independent sub
stantive right of continuance in the school
service in the places they formerly occu-
pied.
Reflection on Intelligence.
Congress at the time of the passage of the
organic act had at its command all of the
English language with which, if itsaw fit.
to continue intact the body of the old
teachers in the new system which it was
creating by the act. 1t would seem to be
a reflection on the intelligence of that body
to hold that 1t had in mind such intent and
evidenced such intent to continue the old
body of teachers into the new system by
the language of this proviso, which, given
its usual and ordinary meaning. and found
in the place where it is merely serves to
exempt this class of teachers from the ex-
animation provided by the act. Moreover,
IT would have been physical impossible
ty for the present board of education to
have continued all the teachers in the new
system for the reason that in many in
stances the places are different from the
old.
II quote the proviso in question with its
immediate context by which proviso it is
claimed the old teachers were continued In
the new school system:
"'No teacher head of department, princi-
pal. or supervising principal shall be APP