Daily capital journal. (Salem, Oregon) 1903-1919, 1915-12-21
Justice Harris. Decides IN
Favor Of MatrimOny and
COmely Teachers
PORTLAND SCHOOL MUST
PAY TEACHERS SALARY
Schools Need Not Suffer II
Teacher Has a Home of
Her Own Is Ruling

@hANNi NpHolutllhB u ItM pOlHtS VI
law and the fact that Leap Year is
about due Supreme Judge l.. T. Harris
decided this morning that school
teacher may marry and still teach
school, Married or single she should
be dismissed, said the judge, if she is
incompetent, but if she is competent
and qualified before her marriage there
is no reason to believe that she would
be any less competent after her mar
riage, The ban is sometimes placed
upon marriages for teachers on the
grounds that she "may" devote more
time to her home than to her school but
Judge Harris reasons that should she
join the church she "may" devote
more time to the church work than to
the school and that possible incompe-
tency should not be anticipated and
dismissal based upon anticipation.
The case in particular was that Of
Maud L. Richards against the members
of the Portland school board and l.. r.
Alderman, superintendent of the Port
land city schools. Maud l.. Marsh was
employed first 10 the Portland schools
September 22, 1911, and taught until
January 5, 1915. On January she
assumed q husband and the board dis
missed her when she came to school on
the morning Of January 8. The case
was carried into The circuit court and
Judge Robert G.. Morrow allowed per-
emptory writ Of man1amus against the
school board commanding that she be
reinstatcd as teacher and that her sal
ary be paid from the time she was dis
missed. The school board appealed but
the supreme court decided that the cir
cult court was right in holding against
the school board in favor Of tha wo-
man.
Miss Marsh was first employed in
1911 and in 1913 the legislature passed
law for districts of more than 10000
in which it was declared that any teach
or that had been employed for two
years or more should be placed upon
the list of permanently employed" "
Permanently employed teachers under
the law could be dismissed by the board
or suspended for incompetency or other
personal charges brought against the
teacher but formal complaint was re-
uuired to be filed and the teacher so
/ dismissed given three days. notice to
appear at a hearing in the matter be-
fore the action Of the board became
final.
According to the evidence in the
Richards case the plaintiff appeared at
the school room on the morning OF
January 8 after she had Informed the
principal Of the school the evening be-
fore that she intended to get married
that night When she arrived next day
she was Informed by the principal that
he had secured a substitute in her place
and that she was dismissed. At the
next regular meeting Of the board
formal action was taken dismissing
Maud l.. Richards, formerly Maud T.
Marsh from the position as teacher in
the Portland schools.
Judge Harris ruled that since she was
on the permanently employed list that
written notice of dismissal was neces-
sary and also hearing in the matter
No notice was given and no hearing
was ever held aud the Judge ruled that
the action Of the board was irregular
in this respect In reviewing the case
he stated that married teachers were
employed in the district and that they
had proved competent, evidently, OF
they would not be re.employed from
year to year. The fact that teacher
who was competent entered the state
Of matrimony was nothing against her
as teacher and that school men had
said that teachers often became better
! instructors after marriage than they
were before. That marriage alone was
not sufficient grounds for dismissal
and since there were no other charges
made against her the lower court was
not in error.
The other cases handed down were at
follows:
Campbcll's Automatic Safety Gas
Burner company, appellant, VI. Bertha
h. Hammer appealed from Multnomal
county, suit TO enioin the issuing Of an
execution opinion by Chief Justice
Moore, Circuit Judge Morrow Is judg
ment for the defendant reversed.
W. j. Mitchell ct al w. j. w. Coach
appellant, appealed from Coos county
motion to dismiss appeal denied, opin
ion by Justice Benson,
John Leland Henderson vs.. Tillamool
Hotel company, appellant, appealed
from Tillamook county, from an ordci
Of trial court allowing final report Of .
receiver, opinion by Justice Benson
former Judge Holmes reversed
Mello Fretland, appellant, ys. Roscol
t h. Cantrall, appealed from Komatl