New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-11-15
TEACHER-MOTHERS WIN
BY COURT DECISION
Justice Seabury Issues Writ tor
Reinstatement of Mrs.
PeixOtto.
MOTHERHOOD NOT CRIME
Court Riddles Every Argument
Presented by Board of Edu-
cation-Case May Be
Appealed, as Test.


Motherhood is not crime for teacher
IN the New York public school system
and cannot be penalized by the Board OF
Education under a decision which JUS
tice Seabury handed down yesterday IN
granting the petition of Mrs Bridget C.
Peixotto for a writ OF mandamus direct
ing the Board Of Education to reinstate
her as a teacher in Public School IA, in
The Bronx. from which post she was re-
moved October last for her continued
absence "for the purpose Of bearing
child"
Mrs. Peixotto was at her home. NO. Al
St Nicholas Place, fondling her baby,
when told of the decision in her favor
which means her reinstatement. She was
almost too overjoyed to talk. The de-
cision as handed down by Justice Sea-
bury" she said. "is n signal victory and
It is a bully one. There is very little L
can say. as my attorney has already
stated the entire case"
Justice Seabury discussed at length in
his decision every argument advanced by
the Board of Education in defence or It's
action in disnissing Mrs. Peixotto, ana
also pointed out the law applicable there
to- The justice said that IT was settled
that the board is without authority TO
remove a woman principal or teacher be-
cause Of her marriage, and. that being
so. il seemed self-evident that the board
cannot dismiss principal or teacher be-
irfl, 20
''If she cannot be removed because or
her marriage" said Justice Seaoury'
"she cannot be removed because of an
act which is a natural incident Of her
marriage"
"Repugnant to Morals"
The court further declared: THE
policy of our law favors marriage and the
birth of children, and i know OF no pro-
vision Of our statute law or any prin-
ciple of the common law which Justnes
the inference that public policy whlch
concededly sanctions the employment OF
married women teachers, treats as
grounds of expulsion the act OF mar
ried woman in giving birth to child.
The Justice said that the theory that
illness resulting in absence, II caused pS
maternity. becomes neglect OF duty is
repugnant to law and good morals.
"There is nothing In TIE language OF the
charter" said Justice Seabury. 'whlch
would Justify the assumption that by the
use of the words neglect of duty the
LEGISLATURE intended 20 include the case
OF married teacher whose absence was
caused in order to give birth 10 chiiu'
TO impute such an intention to the Leg
islature would be a gratuitous ana arpl-
trarv attempt on the part OF the court "
lecislate and TO read into the law pro-
vision which there Is no reason 10 pe-
leye the Legislature would nave IN
serted"
The court dismissed the contention OF
the Board of Educ3don that the supreme
Court was without jurisdiction ana that
the matter shoald be submitted to the
state Commissioner of Education.
May Appeal Case.
Justice Seabury disposed of another ar
eument of the Board Of Education as FOL-
lows: 1t is pure sophistry to argue as
does the learned counsel for the respon-
dent. that the maternity Is an indication
NJ health, and therefore cannot be said
IN cause serious personal Illness.
Abraham Stern, chairman OF the ele-
nentary schools committee, which recon-
mended the dismissal OF Mrs. PeMotto'
said yesterday:
or have not eeen the opinion of the
court. but II is very probable that the
case will be carried to higher court
II is the intention to make 1t test case
md pending a final decision no action VIII
no taken in any other teacher-mother
eases"
DR. William H. Maxwell. the City su-
nerintendent, refused to discuss the Ver-
dict.
DR.. Ira S. VILE. who single-handed
fought the board on behalf Of Mrs. Peix-
otto, had this to say:
THE Board of Education has no right
20 penalize motherhood. look upon this
a. a victory for the teacher-mothers.
When DR.. Vile was asked what bear
nc the verdict would have on the women
xho had resigned rather than face trial.
no said:
Even though they ask for reinstate-
ment, | don't believe they will be able to
get back, for no married woman can be
appointed unless ner husband is mentally
incapacitated or she has been deserted by
him for a year"
During the last year ten teacher-moth-
ers resigned, five of them only recently.
Egerton l.. Winthrop. jr.. former presi-
dent of the Board Of Education, said yes
terday:
The decision handed down by the SUI
preme Court is exactly as l expected.
When the matter came up in the board l
voted against dismissal Personally.
cont think there ought to be an appeal
made. The decision as handed down by
the Supreme Court ought to stand.