The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1925-06-05

SOOAU cause.
Fourth, that in paying Miss Deems i
salary, School District No. Al dis
charges its full obligation 70 her, and
if the trustees "either as trustees or 7
individually" or anyone advising
said members or purporting to adj
wise them," and call and every per-
son connected with said controversy"
found themselves in . position to need .
to purchase settlement and "absO-
luton, they should do it out of their I
own pockets and not cut of the school /
funds of district No. Al.
Fifth, that the instrument is TN
lawful and therefore not binding on
either Miss Deem or on School Dis
trict No Al, since sections 1903 and
1905 Of the School Laws OF 1928 spe- |
city the purposes for which levies /
may be made and for which district
moneys may be spent, and 1905 spe-
cifcally forbids expenditure for any
other purpose. No provision is made
for settling attroneys' tees or fer
buying absolutiOn for trustees, their
! advisors, and others
ENTITLED TO SALARY
Sixth, that under Miss DEEMS con-
tract with School District No. Al,
Miss Deem was entitled to her salary
to date of May 25th, when she re-
signed, unless the State Superintend-
ent advises that her removal was
made fer good cause.
Seventh, that under section 1917
the trustees are liable in the name
of the district for all the salary due
Miss Deem under her contract, and
that although her economic extremity
was great, Miss Deem had not the
power to release them from a LA
bility imposed upon them by law, and
neither had they the right to make
us of economic pressure to compel a
settlement, and thus evade this la
bility.
Eighth, that under section 1915,
paragraph two, it will be the duty of
the trustees of School District No. Al
to order paid Miss DEEMS wages,
shall the Superintendent Of Public
Instructions decision be favorable to
her, and shall they refuse to do scs
they will be guilty Of dereliction of
duty, and subject to removal as trus-
tees of the School Board.
TRUSTEES GET SPECIAL COUN-
Sci
! Ninth, That under section 1928, the
: County Attorney is made the legal
! advisor of school trustees and is the
: lawful attorney for school districts
The services of the County Attorney
! of Sheridan County have at all times
E been open to district No. Al in this
!. case, and the district may not be
!. bound by a purported settlement or
the part of a private attorney, made
: for the protection of his clients, anC
himself, and others. The trustees O.
= School District No. Al, in employing
J an outside attorney in the name O
: the district, have disobeyed both tn,
: letter and the spirit of section 1928.
= Kindly notice the instrument ad
:, dressed 'To May Trumper, Superin
, tendent of Public instruction, T
Emma Crone, County Superintendent
i of Sheridan County, Montana, 7
All Whom 1t May Concern" purport
ing to dismiss the appeals to tn
County Superintendent and to tn
State Superintendent.
STOP PAYMENT OF WARRANT
- This instrument was delivered t
4 me by Attorney Lewis fifteen min
utes after the hour set for the hear
ing, and while we were waiting 70
J. S. Olness and Bertha r. Phelps
appear and "be heard" Notice Mis-
= DEEMS affidavit attached to this II
strument, denying Paul BabcOck
right any longer to sign her name
or himself as her attorney. He sti
= does it, however. / stopped paymeT
only today on a warrant on DistriC
3 No. Al to Grace Deem endorsed
$ follows: "Grace Deem, By Paul Bal
= cock, her attorney"
3 SAYS ATTORNEYS EXCEEDE
= AUTHORITY
= Concerning the above mentioned II
+ strument I hold that these two alto
= news have not the power to dlsmlS
= appeals taken to the County Superb
= tendent and to the Superintendent
> Public instruction. Mr.. Lewis al
$ peared in the midst of the assenb
. gathered fer the hearing called, ar
. in spite of the insistence of the Coul
. ty Superintendent that the heariT
would be held, announced that it he
!. been dismissed. 1t might have bee
= in order for these two attorneys
< request a dismissal, but. l hold TIL
= the power and discretion of dismiss
: lies in the party to whom appeal
taken, and that these two attorney
$ especially Mr.. Lewis in attempting
force the dismissal of a hearing reg
: larly called by the County SUPERB
tendent under authority of the Sta
Superintendent of Public Instructio
and sanctioned by law, made thel
selves criminally liable and subject
prosecution.
I feel that the question appeal
involves not only Miss DEEMS rig
as a teacher, but also the walfare
School District No. Al, the welfare
10 the whole Homestead community a
the authority of the County Super
tendent's office, as well, and that 1t
&C. therefore a question rightfully to
considered by the Superintendent
r. Public instruction and passed upon
ap- her. Therefore I respectfully inv
led your attention to the transcript a
NO other. documents being mailed J
ing today. I hope that you may be a
lp- to uphold me in my various conc
sions as we'll as in my final decision
I shall await with interest your
See cision.
oId Yours truly.