Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-02-25
Appeals Division Reverses
Judgments Against District
in Longevity Section Test.
PROVISION CLARIFIED
BY RULING OF JUSTICE
Act of 1924 Corrects Apparent
Unjust Discrimination" Robb
= Says in Review.

More than 400 teachers in the public
school system will lose hoped-for in
creases in salary because of today's &C
ton of the District Court of Appeals
in reversing judgments against the Dis
trict of Columbia rendered by the Mu-
nicipal Court in favor of five teachers,
whose cases were taken as test of a
section of the school law relating to
longevity pay. The Municipal Court
held with the teachers and gave judg-
ment against the District for back pay
in varying amounts
Justice Charles H. Robb. who wrote
the opinion of the appellate court re-
versing the finding of the Municipal
Court, held that the view of the law
taken by counsel for the teachers would
result in the awarding of double lon
gevity pay to the teachers. The Sec
ton in question was passed to equalize
longevity allowances and not to double
them, the court holds.
Case Recently Was Reargued.
If the teachers view had been sus-
tanned. it is reported, it would have
cost the District more than $4,000 an
nually. The case was recently reargued.
after Attorney Paul E. Lesh, for the
teachers, and Assistant Corporation
Counsel Francis H. Stephens had sub
mitted 1t to the court some weeks be-
fore. The case was set down for re-
argument ON the courts own motion.
The governing opinion was written in
the case of Miss Marian A. Newman,
whose salary was increased to 81 800
under the act of June 4, 1924. and who
ton s. paragraph @. She had been
getting ST $50, made up of the basic sal
AIRY of 81 200, $240 earned longevity at
the rate of $50 for each year of service
and S24O bonus The District. accord
ing to its Interpretation of the law
added $40 to Miss Newman's then
'spreSent compensation" and to that
sum added one annual increase of 500,
making 800, which she was paid.
The teacher insisted that, having had
eight years experience in teaching in
the public schools of the District, she
was entitled to four longevity increases
of slOO instead of the earned increase
of 500 allowed by the District. In
refuting this contention Justice Robb
pointed out that prior to May 26, 1908.
longevity placement for those coming
from other jurisdictions was provided
oHly for teachers in the normal, high
and manual training schools. Under
the act of June, 1924. the justice said,
it was the intent of Congress to correct
an apparent unjust discrimination
against teachers other than those in
normal, high and manual training
schools from other jurisdictions and to
extend to them the longevity provision
and to place all teachers on an equal
basis with those Heretofore specially
favored.
New Law Credits Experience.
"Under the old laws" the court
points out, IAN elementary teacher
brought into the service from another
jurisdiction received no credit for pre-
vious experience. Under the new law,
whether she was in the service or
abe was to receive credit for previous
experience. Had it been the intent
of Congress to add to the longevity
increase already provided for local
teachers who had not been brought
into service from other Jurisdictions,
the qualifying words in teaching in
like positions in accredited schools to
those which they hold on July !, 1924,
would have been unnecessary. The
act of 1908 was intended to embrace
and could only embrace teachers
brought in from other Jurisdictions.
Local teachers were already receiving
4UIReNltN pIdC6tHeIlJ.
Justice Robb admitted that the act
OF 1924 is quite complicated and that
some of its provisions are obscure" He
had recourse to the debates In the
Senate and House while the measure
was pending. and reached the con-
clusion that it was the intent of Con-
gress to place all teachers then in
or thereafter brought into the service
from other school systems on basis
of substantial equality with local teach
ers. and that it was intended to take
care of a class for which provision
had not already been made and not
to authorize double longevity allowances
for local teachers"
Other Cases May BE Dismissed.
This Interpretation. the court con-
cluded, is in harmony with the reports
Of the House and Senate committees,
gives force and effect TO all the pro-
visions of the act and carries into ef-
feet the evident intent of Congress.
The other teachers. whose cases also
were reversed, are Flora G. Steinberg,
Edith w. Ely. Madeline Padgett and
Edna E. Hilton. Suits by more than
400 other teachers will probably be
dismissed in the Municipal Court.