Evening star., 1909-05-29
But Appeal Is Taken From
Judge Stafford's Decision.
QUESTION OF MORE PAY
Matter Now Rests With the District
Court Of Appeals.
DEPENDS UPON LAWS WORDING
Test Case Of Miss Martin to Be
Argued by Special Arrangement
Of Counsel Next Tuesday.

Increases in salary for about 80 school
teachers in local public high. normal and
manual training schools hinge on the de-
cison by the Court OF Appeals in the case
of Jennie T. Martin against the District
of Columbia. 4 decision of Justicve Staf-
ford in the District Supreme Court yes
| terday was favorable to the teachers and
IL his decision is affirmed by the Court OF
Appeals the increases will be forthcoming.
BY a special arrangement between the
| counsel in the case the appeal will be
argued before the Court of Appeals next
Tuesday Corporation Counsel e. H.
Thomas will represent the District and
A. 8. Worthnston will present the views
Of the teachers The situation is an
anomalous one. inasmuch as most of the
District officials are wishing and hoping
that the teachers will get their raise in
pay and yet must officially work in oppo-
| sition to It,
The case In the courts involves the in
depreciation and effect of a provision in
the District act approved May "S 1905.
which provides that teachers hereafter
employed in normal. high and manual
training schools may be placed in group
A. class g. and receive their longevity in
crease according to their number Of years
of experience in teaching in accredited
normal high and manual training
schools" Teachers in high. normal and
manual training schools are in class 6.
The Controllers Decision.
When the question was first considered
by the controller of the Treasury he de-
cided that the words hereafter en-
ployed'' used in the act meant hereafter
appointed" and that. therefore. teachers
already in the service before the passage
of the provision could not benefit under
of the provision. The case was then
carried into the courts by Miss Jennie T.
Martin, one of the teachers affected by
that decision.
Justice Stafford held that the words
hereafter employed mean hereafter
in the service and that II applies
to all the high. normal and manual
training teachers. whether appointed be-
fore or after the passage OF the provf-
sion, IL they are still. or hereafter" en-
ployed.
When the decision of the controller was
| announced the hopes Of many teachers
| in the service were shattered. Interpret
that it operates for the financial benefit
| of teachers brought here from outside
schools to teach in the local high, normal
or manual training schools, but provides
| local schools who have had the same or
longer experience.
| IF this works a discrimination against
| the old teachers ii Is discrimination or
! omission by Congress which l have no
| authority to correct" said Controller
Tracewell.
Judge Stafford's Opposite View.
| Justice Stafford. taking the opposite
| view. decided that the local teachers will
| benefit by the provision and will be al
lowed longevity pay for their experience
| in teaching in local high, normal or man.
ual training schools the same as teachers
| brought here from outside institutions of
equal rank.
| Justice Stafford has again raised the
hopes of the local secondary school teach
ers. and they are hoping that the judges
of the Court of Appeals will agree with
Justice Stafford.
Il will be very glad to- get this much
mooted question decided by the courts
declared Supt. A. I. Stewart this morn
ing. And of course / shall be glad If its
decision is for the benefit of the teachers.
Under the controllers decision. the
provision seems to discriminate against
the local teachers. and do not think that
Congress intended any such discrimina-
ton