Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-24

utes, papers, etc, by due order, as court
may do within the term. The word will
fore the word "alteration,' etc. 1t will
further be noticed that the section does not
provide for the abstraction or sequestration
of any of the records, minutes, ETC. The
declaration that such an act shall be
felony is wholly too severe This could be
omitted and yet afford ample sanction of
the law. The word is not used in the more
serious offenses denounced by the revised
statutes, such as section 540S, which re-
fers to somewhat similar, though greater
crime
trust that this information may be of
some avail, and If can be of any service
to you on this or any other matter I shall
be very pleased and shall expect you to
call upon me. Yours very truly,
DANIEL w. BAKER.
Mr.. Morrell then sent Mr.. Baker the fol-
lowing:
January 10.
My Dear Mr.. Baker: Very many thanks
for your letter Of the 10th, and the very
satisfactory and complete answer which
my letter.
There is one question. however, which I
would like still to ask you, which is:
Whether under the provisions of the act as
it now stands. in future 1t will be impossi-
BILE to dismiss teachers without trial as
provided In section 10; also what your ideas
are concerning the right of appeal and the
other sections Of the inclosed amended bill.
EDWARD MoRRELL.
Mr.. Baker replied in the following:
January %, 1907.
My Dear Mr.. Morrell: In answer to your
letter of the 10Th instant, and further in
reference to the public act 254, approved
June 90 1906 copy Of the proposed bill
and amendment which Is returned here.
with, it occurs to me that this additional
observation might be made concerning sec
ton 10 in so far as 1t may be construed
not to affect the right of the board to dis
miss teachers without trial in certain cir
cumStances
Should the act remain as 1t now stands
will 1t be possible to dismiss teachers with
out trial as. provided in section 10? That
such could be done, not by way of dismiss
sal on finding of guilt under any charge
as the result of any investigation, but by
way of the exercise of the power of the
board or the superintendent under section
10, to discontinue the employment of those
whom they had appointed. as detailed in
my previous letter, would appear to be a
strict though proper construction of this
section. 1t is, however. impossible to fore
cast what view might be taken by court
under the peculiar circumstances which
such case would develop at the hearing. If
it be thought to continue and insure this
power to the board for exercise under some
given circumstances, 1t would be well to ex-
pressly reserve It.
But If the proposed bill pass into law,
this power of removal without trial would
be wholly destroyed by section of the
bill. 1t is very plain by its terms that no
teacher shall be dismissed at all until after
trial. This section makes section 10 of
the present act absolute.
The proposed bill purports in section
to continue in ONCE all teachers in the
employ of the schools at the date of the
passage of the present law, and directs
the payment to these teachers of the sala-
ries to which they would have been en-
titled had they not been removed, denoted.
and in other discontinued
from their positions in the schools.
If may indulge in making another sug
gestion about the proposed BILL should say
that great embarrassment must result IL,
by section !. the teachers who have been
legally dismissed be continued In the posi-
tons they formerly held. What will be
done with those that have been legally
not be able to dismiss these later ones
without trial. and as they cannot be charged
with anything they must remain in the
service; thus leaving two persons for the
one position and the one pay.
With reference to the right OF appeal |
presume section refers to appeals from
the decision Of the board Diminishing teach
cisions in other matters. If 1t be the pol |
icy OF Congress to allow appeals from the |
decision OF the board, think the new section |
Is adequate for the purpose. 1t Is substan-
10 Of the act of June 8. 1896 wherein appeal
Is provided for from the decision of the |
board of medical supervisors of the Dis
trict of Columbia. The matter of practice
with reference to the taking of the appeal |
may be prescribed by rules Of the court
for such purpose.
If have not covered the points or you
desire any additional information, kindly |
let me know or telephone II that be more
and I win be only too glad to |
respond.
Very respectfully,
DANIEL w. BAKER
On the afternoon OF the Same day Mr..