Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-23
AUDITOR RAISES QUESTION
Query Whether or Not Compensa-
ton Is to Be Increased.
SIGNIFICANCE OF TWO WORDS
thereafter Employed" the Key to
Puzzle Which Vexes the Dis
trict Authorities.

and normal schools by recent decision
of the controller of the Treasury De-
partment in two specific cases is the
question which District Auditor AonZo
Tweedale has raised.
Both the controller and the District
courts have been asked to interpret the
meaning and effect of an amendment to
the school act in which longevity pay for
the teachers in local public schools is
provided. The amendment, about which
so much controversy has arisen pro-
vides
THAT teachers hereafter employed in
normal, high and manual training schools
may be placed in group A, class =. and
receive their longevity increase according
to their number of years of experience in
| teaching in accredited normal. high or
manual training schools.
The questions to the effect of this
amendment hinges around the interpreta-
ton of the words hereafter employed
Submitted to Controller.
Shortly after this new provision went
| into effect District Auditor Tweedale sub
mitted a general question to Controller
Tracewell regarding it's effect as follows
| Whether the words hereafter employ
ed contained in the provision of the Dis
trict act approved May 28. 1908. herein
| before referred to. relates to teachers
thereafter appointed and employed. who
| were not a the time of the passage of
| the act connected with the Washington
| public school service, or should the words
referred to be given broader meaning,
/ so as to include the teachers in the nor
NAL, high and manual training schools at
| the time of the passage of the act who
will consequently be employed hereafter,
| as well as the teachers in the graded
| schools, who may, from time to time, be
| promoted into class six, group \ (which
includes the teachers in high manual
| training and normal schools) and who
| have had experience in teaching accred-
| tied normal, high and manual training
| schools
| In answer to this general question, the
controller said, after an analysis of the
| law:
1T would follow therefore that a
| teacher who had been appointed and as
| signed to group A, class six, in the pro-
| stationary class, prior to the passage of
! in question:. and who became a perma-
nent employee in group A. class six. after
| the passage of said act under the pro-
visions of the act of June 20 1906 (the
| organic act would not b. entitled to re-
ceive the longevity increase of pay pro-
| vided in the act of May 26, 1908, unless
| the teacher was entirely separated from
| the school service prior to the passage of
! tHe tsl VI MAY 20, 1Suo, anu dppOIlIeu
or re-employed as new teacher after
| it's passage.
1.-THE second part (of the question:
| must be answered in the negative, for
| spective and the act of employment re-
| ferred to must be in future. and as these
| old teachers have fixed tenure and are
| promoted in course. the act of May Is.
1903. does not apply to them. If this
| works q discrimination against the old
teachers, 1t is discrimination or omis-
| sion by Congress which l have no au-
| thority to correct
! This decision seemed to bar the old
/ teachers or even the probationary teach
ers in the local schools from any benefits
under the amendment.
Decision of the Court.
| The question. however, was raised ir
the District Supreme Court by suit filed
by one of the teachers affected by this
ruling. The result of the decision OF
Judge Stafford was to allow the old
teachers to benefit by the amendment
He held that the words hereafter en-
ployed'' applied not only to teachers
hereafter appointed. but to teachers here
after continued in the service and there
| fore hereafter employed This case
was appealed to the Court of Appeals
and it's decision has not yet been an
nounced.
The effect of the amendment was again
1 brought under discussion when the Gues-
ton came up as to what salaries were
to be paid to III. l.. Bailey, former SUI
pervising principal, and W. T. S. Jack
son, former principal of the NJ Street
High School. both of whom were reduced
to be teachers in the NJ Street High
School.
| The controller and the District auditor
have agreed that the question is properly
| summa riZed follows:
''Tle question which arises these
cases is whether Mr.. Bailey and Mr.
Jackson. having been appointed teachers
| in the NJ Street High School, are entitled
| TO longevity pay i'm said school according
| to their number of years of experience In
/ teaching In the Washington public
schools as certified by the superintendent
of public schools, or whether under the
decision of the controller dated August
~ 1907. they should be classified as teach
ers reduced to a lower class having a
lower range of salary, and be allowed
only the minimum salary of group A.
| class six
Minimum Salary Only.
The decision of August -. 1907. TO
which reference is made in this ques-
ton, was to the effect that where a
head of department or teacher is reduced
to a lower class, unless otherwise pro-
vided by law, he can be allowed only
| the HIlIlHuil III tlidl tidSS,
| other salaries therein representing in
/! crease of pay for length of service"
/ In deciding the specific cases of Messrs.
Bailey and Jackson. Controller Trace
well says in a decision received by
| the District Commissioners today:
| For the purposes of this decision |
| think it fair to hold that in order TO
make the reduction specified above II
| was necessary to retire the persons nam
ed from the positions formerly held by
them and to reappoint them to their new
positions. The fact that both the re-
| tirement and appointment were stimuli
! taneous would not make the operation
| any the less than two independent acts.
This being the case, l think it may
be held that both Mr.. Bailey and Mr..
Jackson were appointed (employed) as
| teachers in the NJ Street High School
| JuIv 1909 within the meaning of the
act of May 20, 1908, which provides that
teachers hereafter employed in normal.
| high and manual training schools may
be placed in group A, class six. and re-
! ceive their longevity increase accordin z
to their number of years of experience
| in teaching in accredited normal, high
! or manual training schools.
Considered as Hereafter Employed"
Even if the changes referred to be
treated solely as a reduction and the
4 ta.cbarc in ueSfion he raleRated n the