CHAPTER VIII

Trustees: Teachers' Wages

The amount of wages must be clearly stated. (562)

In most states the contract is invalid unless it names the wages. (121 Mich 654, 68 N W 483)

A contract to pay "good wages" is not explicit enough. (72 N E 162)

Unless compensation is named the contract does not hold. (68 S W 483)

A teacher in Jackson township, Ind., made a contract with the trustee to teach another year, but no agreement was made as to wages, the teacher believing he was to have the same as the previous year. The trustee hired another teacher. Held that as there was no agreement or compensation there was no contract; there is a distinction between agreeing to hire and hiring a teacher. (60 Pac 1100)

Yet in Portland, Ore., it was held that the contract is not void for uncertainty where the stipulation for salary provides that the teacher shall receive the same as was established at that date for like services by the actual district within which the city was situated. (Coldwater vs. Dist. No. 7, 1899.)

Most states like New York leave the trustees unrestricted as to the amount of salary they shall pay the teacher. (195)

In some states, as Cal., Tenn., Wy., women teachers must be paid the same salaries as men for like work.

Some states, like N. D. and W. Va. provide that the salaries of teachers shall be graded according to the grades of their certificates.

Several states, like Pa., O., Ind., W. Va. have fixed minimum salaries.

In some states extra pay is provided for, principally on the following grounds:

For instructing non-resident pupils.-This would require a special agreement with the trustees. (D 3623)

The trustees have sole authority to admit pupils or to exclude them, and the teacher must instruct the pupils admitted. This applies also to pupils over school age.

The wrongful exclusion of a child by a teacher under direction of the trustees does not defeat the right to wages (26 Ohio 421); whether an action will lie against a teacher for refusing to instruct those who lawfully come to him for instruction, or whether the remedy is confined to an appeal to the governing board, Judge Cooley says (Torts, p. 288) is left in doubt by the authorities, though he thinks it actionable.

For instruction in outside branches.—In New York public school teachers are not allowed to furnish instruction in school in certain branches upon payment of tuition, either to the teacher or to the trustees. Public schools should be free to all children of the district to receive any branch of instruction for which they are qualified. (D 3764)

Trustees who pay a fixed salary to the principal are not allowed to permit him to share in receipts from the teachers class.-S. B. xxii. 3.

In Ky. trustees may allow a teacher as part of his compensation tuition for certain branches. (30 L R A 697)

For janitor work.-While the teacher cannot be compelled to do janitor work, on the other hand he cannot be paid for janitor work he does voluntarily, unless so agreed in the contract. S. B. xiv. 83.

The trustees cannot deduct from the amount they have paid for janitor work.

teacher's wages the (D 2139)

Any other duties upon the teacher than those properly belonging to his work as a teacher, such as sweeping the schoolhouse, must be expressly stated in making the contract.

The teacher cannot be compelled to do janitor's work on the ground of local custom. A teacher who contracts simply to teach a school for a given number of months, for a given sum, is under no obligation to cut or carry in the fuel, sweep the schoolhouse, or make the fires. It is as much the duty of the trustees to have these things done (by the teachers and pupils if they volunteer to do them, or by paying for them otherwise) as it is to furnish a broom or a stove. The trustees have no power to compel either teacher or pupil to do these things. (D 4221, 4251)

The pay of any teacher employed in the public schools of this state is due and payable at least as often as at the end of each calendar month of the term of employment, and this must be stated in the contract. (562, 567)

(2 III A 584, 49 Neb 755, 69 N W 114, 72 Pac 408)

A teacher who has not been paid as often as once each month during the term of employment as required by statute is entitled to interest on the several monthly payments which have been withheld, from the time when payable. (D 3803)

The teacher's wages are always due to him, and in cash.

Debts on notes due to other persons, even to the trustees, cannot be set off against the teacher's wages. The money

due him cannot be attached.

(23 Am R 661, 53 Am R 878, 8 Bush 336, 54 Ind 501, 78 Ky 105, 116, 542 R A 566, 39 Mich 480, 80 Poe 533, 3 Sneed 379)

In New York, however, his wages are now subject to attachment under the garnishee law of 1908.

Even though he is a minor, the teacher's salary must be paid to him, and not to his parent or guardian. See page 108.

An act providing for the deduction of a percentage from the salaries of public school teachers to provide a pension fund for their benefit is held to be unconstitutional either for lack of uniformity, or as a taking of private property from one citizen for the benefit of another. A rule of a board of education providing for a deduction of 1% from the salaries of all teachers, to be paid into a fund for the purpose of providing annuities for teachers becoming incapacitated by reason of long service is held to be unauthorized and void. (58 LR A 663, 64 N E 109, 91 N W 430) Compare page 138.

Contracts which involve an agreement to board with the trustee or to board around cannot be enforced. The teacher should have a specific sum as wages, be paid in cash, and board himself. (D 3717) He has a perfect right to change his boarding-place at any time. An agreement to the contrary with the trustee is (D 3575)

illegal and void.

In case the trustees neglect or refuse to pay the wages due, they may be sued.

The trustees are a quasi corporation, possessing power in this and for this purpose to bind their district, and to create a corporate liability which will attach to their successors in their official capacity.

(3 Bush 255, 2 Greene 482, 68 Ill 154, 80 Ind 276, 96 Ind 105, 1 Ia 359, 20 Me 154, 53 Mo 272, 30 Mo A 113, 34 N J L 308, 23 N Y 176, 3 Ore 365, 43 Pa St 318, 11 Pick 260, 5 Vr 308)

A teacher is entitled to a writ of mandamus to compel the trustees to pay arrears of salary due him. (34 N J L 308)

He has his option to bring suit to recover money, or proceedings for a writ of mandamus to compel its payment. And if an order has been issued to him, and it remains unpaid, he may still have his choice of remedies. The creditor of a corporation is not restricted to mandamus as his sole remedy. (14 Ia 28)

The teacher has one of two remedies - - action on the contract, (20 Me 154, 53 Mo 472, 43 Pa St 318) or a writ of mandamus. (14 Ia 28, 34 N J L 308) Mandamus, and not an action for money had and received, is a proper remedy to compel a clerk of the school district to pay over money in his hands applicable to a warrant issued in favor of a teacher for salary. The funds are the funds of the district until he parts with the custody of them. (3 Ore 365)

In Mont. judgment must not be issued for salary when district admits the claim but has no funds. (61 Pac 250)