Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-03-09
TEACHERS WIN
FIGHT AGAINST
PATERSON BOARD
Payment Plan Illegal,
Says State Superinten.
dent Baxter.
Especial to the Newark srar.l

TRENTON, March BIN a decision
announced today by Charles J. Baxter,
State superintendent OF pubic instruc-
ton, tho Paterson school eacners win
a victory III their fight against the ac-
ton OF the Paterson Scnool Board IN
changing their method Of Lay from ten
monthly installments TO twelve month
~ payments. The case decided was
the apl cal OF Miss Lillian Z. Gowdy,
no refused to accept a check for her
teaching under the twelve-payment
plan, and then carried the matter 10
the State department Of pubic In
struct.on.
In deciding in favor OF Miss Gowdy,
Prof. Baxter holds hat under the
teachers tenurel of office act, the resolu-
ton of the Paterson Board OF Educa-
ton was, in fact, a reduction in the
teachers salaries and, therefore, not
enforceable as to such teachers as are
protected by the act.
Under the power granted by the
school law to a board OF education,
says Superintendent Baxter, the oar
has power TO make rules and regula-
tons governing the engagement and
employment of principals and teachers
and their salaries and the time and
mode of payment. The opinion shows
also that the board has authority to
decide that the salaries of all teachers
in It's employ, who are not protected
by the tenure of service act, shall be
paid in twelve monthly installments
Means Reduction of Salary.
Discussing the question whether the
adoL ton of the twelve-payment plan
oonvaA a rodt1otinn tn ca1ortr CYn,arin-
tendent Baxter shows that the rule
adopted by the Paterson School Board
last June provided that the twelve
payment system should become effcc-
tive in the case of each principal and
teacher upon The anniversary of the
date of employment.
Superintendent Baxter says:
Until the present year the teachers
in Paterson have been paid their SAL
aries in ten equal monthly installments.
the first payment being made early in
October and the last early In July.
While 1t Is true that the salary is
stated as so much per year, the service
is completed in ten months.
Counsel for the board attempts to
justify the change by making a com-
parison between the teachers and the
police and firemen, but the cases are
not parallel. The work of the police
and fire departments never ceases, and
the members of these forces can be
called upon for duty at any time,
! while in the case of the teachers the
work required from them is fully COM
pleted In ten months.
Effect of School Boards Plans.
1.-THE effect of the rule in Miss Cow
dy's case would be to withhold from
her one-twelfth of 5000 for a period OF
one month, and another twelfth for Q
period of two months after she had
fully performed her part of the con-
tract. Should she, from any cause
cease to be a teacher in Paterson be
fore September l. 1912, she would moi
receive the full amount OF salary called
for by her contract"
superintendent Baxter shows that
the counsel for the school board ad-
mitted that in certain cases the twelve
payment plan would result In a loss
Of salary by the teacher. This. he says,
could not be just fled on any claim of
q Ienalty for a breach of contract, be-
cause the rule under consideration does
not contain any provision relating TO
such breach of contract. Under these
circumstances Mr.. Baxter decides that
the rule is illegal and void.