Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-06

readily be given.
II therefore conclude that the act of the
school board in adopting the regulation
supra, dividing the salary OF teachers In
ten installments. the first to be paid on Oc-
tober /, Is not contrary to law or pubic
policy and should be upheld.
LAS regards those designated as officers
In the school act, supra, which recognized
the board Of education and in the appro-
prfation act made to carry its provisions
into effect for the present fiscal year-when
1t is considered that the board of education
has adopted no regulation which looks to-
ward paying their salaries upon any other
basis than by dividing such salaries into
twelve equal installments, one for each
month OF the fiscal year, commencing with
the month of July-a different proposition Is
presented and a different rule would seem
to apply.
There Is nothing before me to indicate
that such school officers do not perform
substantial service continuously during the
fiscal year, and, II so, equity and good
conscience would demand that they be paid,
in the absence of law or proper regulations
to the contrary. their salaries in twelve
monthly installments instead Of ten. 1t is
, true that In the past, and for many years.
several of the school officers have been
paid their salaries as teachers in install
ments Of tenths instead Of twelfths. But
In the absence Of law or regulation to that
effect 1 am not prepared to say that such
administrative act has the force Of law.
The New Board.
'The present board OF education effected
an organization and became such board
on the 9th day of July, 1905. understand
from your submission that on certain dates
after its orgamzation-and 1t could perform
no legal act before such date-it appointed
certain officers and teachers and directed
that such appointments should relate back
to July 1 last
The only purpose that can conceive for
such act was to, place such appointees in
q pay status from the LIST of July last.
AS to the teachers who receive their en-
tire pay for the school year for. services
rendered from the LIST Of September to
the close Of the fiscal year, and not other
wise, such antedating of their appoint
ments is without practical effect. But
as to the of1cers-if such act Of antedating
an appointment is legal-it would in effect
give them the salaries provided by law
for the places to which they were appoint
ed before they were school officers, and be-
fore they were in the service of the
District government. The appointment to
office is substantial physical fact occur
ring at some particular period Of time. Be-
fore that particular period of time the per-
son then appointed is not an officer any
more than any other person who Is never
appointed. The appointing power can no
ment, unless by express authority of law
than 1t could antedate the fact Of a re-
moval from Office. 1t would not be serious
ly commended that a person actually re-
moved from Office on the LIST day of October
of any year could, by any act of the re-
moving power in saying that such removal
should be effective from the LIST day Of Sep
TENDER, make it SO and thereby deprive
such removed officer of the salary earned
In his office for the month of September.
No more can person legally draw a sal
airy prior to the date Of his actual appoint
ment and entry into the office.
1T is therefore held that school officers
should be paid their salaries from the dates
Of their actual appointments and entry
upon the duties of their respective Office
hereunder, in installments Of twelfths, all
such installments being paid for a months
service, having regard to fractional service
If the appointment was made after the first
day Of a given month"
Majority Will Be Paid.
Acting upon this decision, the auditor
snd disbursing officer Of the District will
allow the payment of the great bulk Of the
teachers to proceed at once. Checks will
be prepared and will be ready early next
week. These teachers will be paid in
tenths and will lose no salary.
The several disputed cases, including
those of the dismissed teachers and their
successors, will still remain in allegiance
and the salaries of the new incumbents
will be withheld until the controller is
heard from again.
The officers will be paid, according to the
controllers decision, in twelfths, and their
salary will date from the day they took the
oath Of Office in August.