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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 11, 1915)
16 THE SUNDAY OREGOXIAX. PORTLAND. JULY 11. 1915. WEDDING 10 CAUSE TO DROP TEACHER Court Rules Mrs. Richards Is Entitled to Her Position and Salary in Full. CASE IS WON BY HUSBAND SCHOOL TEACHER, DISCHARGED FOR MARRYING, WHO IS REIN STATED BY COURT DECISION. Judge Morrow Holds Public Policy of Oregon Is That Sexes Have Ivqual Rights and Cites Suffrage Amendment. "The marriage of a teacher is not 'Rood cause' for dismissal under the laws of Oregon. The relator is entitled to be reinstated in her former position. .nd to all the salary she would have received during: the intervening period." This was the finding of Circuit Judge Morrow, yesterday, in ordering the School Board to reinstate Sirs. Maude J-. Richards, former hlarh school Knz-- lish teacher in the School of Trades.: Superintendent Alderman summarily dismissed Mrs. IUchards last January because she was married to Oren R. Richards, an attorney. That "the sexes should be put on an equal footing in civil and business matters" was the way Judge Morrow interpreted the "public policy" "of Ore gon in his oral decision from the ben:h. Tendency Brings Suffrage. "This tendency." said the Judge, "has been constantly becoming more marked, ending in the constitutional amend ment conferring equal political rights." The fight against the School Board made by Mrs. Richards, formerly Miss Maude L. Marsh, began shortly after her dismissal. She notified Mr. Alder man by telephone the evening she was married. The next morning she ap peared before her class, taught a short time and then was relieved. Mr. Richards delved into the legal side of her dismissal and then filed suit against the School Board. He held that his wife was teaching under the "permanent tenure act," and could not be dismissed without a hearing or without cause for her dismissal being shown. Mrs. Richards asked that she be rein stated and that she receive her salary for all the time she was out of em ployment as a result of the school au thorities' action. The School Board attorneys rested their case on an old rule of the Board that marriage was sufficient grounds for dismissal. The rule says that mar ried women may be employed as teach ers in the Portland schools only by special action of the Board. Mrs. Richards, more than a year ago, had signed a contract containing a clause which said she should be automatically dismissed if she married. The bride groom attorney, however, declared in his petition that this contract held only for a year, that it had expired long ago, and that its terms had been nulli fied by the "permanent tenure act." Judge Morrow has had the case under advisement more than two months. In making his decision, he said: "A permanent teacher under the Ore gon laws can be dismissed only for good cause and on written notice stat ing the reasons for the intended dis missal, and after a hearing. The power of the School Board to prescribe rules for the employment and discharge of teachers is not broader than the stat utes of this state, nor can the Board Insert in a contract of employment a provision in violation of such statutes. Clause Not Effective. "If a teacher accepts employment un der a contract containing a clause that the Board could not impose, that clause is not effective, but must be considered void. "The marriage of a teacher is not "good cause' for dismissal under the laws of Oregon. The relator is entitled to be reinstated in her former position and to all the salary she would have received during the intervening period. "Three grounds for this decision: The statutes of the state on school matters are clear and explicit as to tenure of office, right to have charges preferred, and to hold until 'good cause' for dismissal is shown. "Tlie decisions of the courts of other states are unanimous that the marriage of a teacher is not 'good cause' for dis missal. The public policy of Oregon, as reflected in the statutes concerning women for more than 30 years, is that the sexes should be put- on an equal footing in civil and business matters. and this tendency has been constantly becoming more marked, ending inr the constitutional amendment conferring nua! nolitical rights. Mm. Klrbardi Clad. Mrs. Richards expressed keen delight when she heard of her victory yes terday afternoon. "I am glad; that Is all I can say,' said she. "I'm trying to be calm about It. "Of course. I expect to continue teaching, as I wanted to do all the time. And I hope to get my old place back, too. It remains to be seen whether I fan go back in the same school, but I hope to do o. "Outside of my own personal delight at the court's decision, I think this is a victory for women in general. think the time is coming when women will be on an equal footing with men in every respect, and for this reason, too. I am glad to win my case. Whether the legal battee between the School Board and Mrs. Richards will be continued in the higher courts could notbe stated by Chairman Munly, of the Board, yesterday. He said the subject has not yet come before the Board and action is problematical. It is known that both Mr. Munly and Mr. Beach, the two attorneys on the Board, recognized that Mrs. Richards might very likely win her case in the courts and they would, undoubtedly have been willing to agree to some other settlement of the case. FAMOUS BAND AT OAKS Wisconsin UnHersity Cadets Are Due Here Thnrsday. Announcement was made last night by John F. Cordray, manager of the Oaks, that he had engaged the famous 67-piece First Regimental Band of the University of Wisconsin to appear at the amusement park Thursday and Friday. While the band is an amateur or ganization and all the profit from the trip will go to the university, yet l offers the paradox of being composed in large measurjjgf professional union - musicians. These men are working their way through college. They are members of come of the finest bands and orchestras if the City of Madisor. Military discipline prevails in the Tbsind, which is directly in control of Lieutenant P. G. Wrightson, Twentieth IB fan try. TJ. S. A. The band concerts will close with the singing of Wisconsin University songs. Two concerts will be given both Thursday and Friday. r- m-K-S. J .; V'-, V.V ?v r W r v V .' -'vr.x; V "r . j MX :u?- . TRADE SCHOOL SITE PURCHASE. DECIDED A JyTO t '-f-1 MHS. OREX R. RICHARDS. rhoto by Davie. EX-NEBRASKANS SEE ELMER J. BURKETT Former United States Senator Holds Impromptu Reception and Is Dinner Guest. DR. LOVELAND IS FRIEND Belief Is Expressed That William J. Bryan Will Be Candidate for Presidency and Tliat He Will Stick to Party. Many prominent Portland people joined with ex-residents of Nebraska yesterday afternoon to honor Elmer J. Burkett. ex-United States Senator from that state, who is on a visit to tne Pacific Coast and wno was the principal speaker at the Gladstone Chautauqua yesterday. The ex-Senator held an impromptu reception at the Imperial Hotel late in the afternoon, where he met scores of ex-residents of his state. Later in the evening he was guest of honor at a dinner given under the auspices of the Nebraska Society of Oregon. Among those who attended were Senator Harry Lane. ex-Senator C. W. Fulton; Dr. Frank L. Loveland, pastor of the First Methodist Church; Judge Henry E. Mc Ginn: Milton A. Miller, collector of in ternal revenue; John F. Carroll. J. C. Stevens, C. J. Johnson, J. H. Ganoc. G. A. Johnson, H. L. Ganoe and others. Senator Burkett will be extended further honors at Gladstone park this afternoon, when he will Join with for mer Nebraskans now residing in Ore gon, in an old-fashioned basket picnic. The festivities are scheduled to begin about 5 o'clock. Ex-Nebraskans are expected to come with well-filled bas kets and spread their lunch on the grass undtr the big trees at the park. Mr. Burkett probably will addresa them. Mr. Burkett Can Smell Blizzard. Dr. Loveland and Mr. Burkett were close friends when both lived in Ne braska. Yesterday was the first time they met since a memorable meeting at Haynes, Neb four or five years ago. They were having a mid-Winter Chautauqua or lyceum course or some thing and both Mr. Burkett and Dr. Loveland were scheduled to speak on the same day 'the doctor in the morn ing and the Senator in the evening. It was cold and blustery and the scent of a blizzard was in the air. Now the Senator, having lived in Nebraska for a good many years, knows a blizzard miles off, and knows what happens when it gets there. So he connived with the managers of the lecture bureau to exchange him with Dr. Loveland. The result was that he spoke and got back to his home In Lincoln before the blizzard got in its worst work, while Dr. Loveland. after his speech, was held snowbound In Haynes for several days. "I didn't even get back to fill my pulpit the following Sunday." he con fessed yesterday. Mr. Loveland Even Krorf. "But I'll bet you got even with me somehow." came back the Senator. "Well, maybe I did," confided .the preacher. Ex-Senator Burkett says he knows little of the probable or even the poaat ble movements of "that other distin guished Nebraskan" who now is la California. Asked whether he thought Mr. Bryan will be a candidate for the Fresidency. he said that he would not be surprised if he were. "But he'll never run on anything but the Democratic ticket." he ventured. "He may force a prohibition plank or a suffrage plank Into the platform If he can. but I don't look for him to desert his party to seek the Presidency on one of the other tickets. He is too much of a party man for that." Action Taken Despite Sharp Division at Special Meeting of Board. HOLLADAY TRACT CHOSEN GARDEN REPORT SCORED MR. WEED'S CRITICISM OK WORK LAST TEAR DRAWS REPLY. Ux.AaiiUtiat. Superintendent . Polata Oat Results Thl Year Do Not Compare With Thoie of 1914. The report of H. E. Weed, director of school gardens and nature study for the 1914-1'Jle school term, recently made to the Board of Education and published in part, has aroused Wil liam H. Dunham, assistant superinten dent of school gardens for the previous term, who resents criticisms made of predecessors by Mr. Weed. In a rtatement just issued, among other things Mr. Dunham says In part: "The report referred to seems to me to be an attempt to divert attention from the generally poor work of this season by finding fault with that of last year. "Having seen a number of this year's gardens at a time when they should have been almost at their best; having beard reports concerning most of the others and having read the report of the director himself as to which ex celled. I feel perfectly safe in saying that there were not over half a dozen at the outside which were in the same class at all with at least 36 of the 43 gardens of last year. "The director emphasizes the fact that the only school time taken was two hours during planting time. I will not dispute that at all. as many of the gardens look as though the young gardeners had never been in them after they were planted. "The awarding of prizes comes In for severe denunciation. I think the greatest reason for lack of. interest In the work this year was the smother ing of the competitive spirit." NotwithBtandin v ttia great amount of timber rn lh fat-lflc Ciaat, tlvrt la a m.a Kr aupply of hardwood, and much of tht oak mad u.e of In th n'rjiern part of thia country la imported from the eastern coun-trlt-a of Asia. Street Vacations Promised So That Transfer May Be Completed Be fore Knd . of Aurost Legal Opinion on Tender Head. Although a sharp division on the subject was apparent at yesterday aft ernoon's special School Board meeting, the Directors, by a vote of S to 2. de cided to buy the Anario-Paclf lc Realty Company's tract In Holladay Addition for a trade school site, the price being $120,000. Judge Munly. chairman of the Board, cast his vote in the affirmative, and carried the day for the Holladay tract, the vote otherwise being X to Z. The property, the purchase of which has been decided after negotiations extending over two years, conatata of 7.71 acres. It Ilea between East Hoyt and East Gllsan atreets and between East Twelfth and East Fifteenth Streets. The vacation of afreets In the tract Is promised by A. V. Swensaon. who represented the owners in carrying on the negotiations with the School Hoard. It Is expected to complete the street vacations and the transfer of the re quired papers before the end of August. Lsral Oalalsa ajnbnalfteal. Two new offers were read at yes terday's meeting, but they aroused no Interest. The member" of the Board have given much time to the choosing of a trade school site and were anxious to end the negotiations as soon as a decision could be reached as to the best location. Mr. Lockwood. the newly elected Director, however, wanted to start all over again and examine the numerous sites offered. Other members, with the exception of Mr. Beach, were satisfied the Holladay site was the best that could be had, and voted tpr it accord ingly. A legal opinion from Nlchalos A McCoy, attorneys for the Board, was first read, to the effect that since the Anglo- raclfie Realty Company had made Its acceptance of the Board's of fer of $120,000 conditional upon the substitution of four lots In one block for an equal number In another, the one making the tender was relieved of legal obligations to deal further with the company. A new offer was made by the Board for the property at the same figure and was accepted. Low rrlre Held fieeondary. When the trade school site was broached yesterday. Dr. Alan Welch Smith said that the additional sites he has seen are not, in his opinion, desirable. "We are only building one trade school." he said, "and a central loca tion is essential." "I am convinced myself," said Judge Munly, "that a low price Is not. In It self, a sufficient offset to public con venience. I am afraid we would make a mistake to buy solely on account of the cheapness of price." Both used these arguments in favor ing the Holladay site. "I am not prepared to vote for the purchase of that tract." declared Director Lockwood. "when we can get the Spencer tract more cheaply. I do not know that I would be prepared to vote today to buy the Spencer trace but I believe we can get a better site for the achool and am In favor of looking them all over before we de cide." Meeting Visitor Opposes Pnrrhaae. "I cannot agree as to the Holladay location being the best one." said Director Beach. "One reason I object to It Is that the price Is over $110,000. when we asked only for that figure for this purpose and we got it. 1 would not like to go over that price. How ever, as three of the Board seem to have their minds made up. I .cannot hope to change their altitude."" Director Plumraer was favorable to buying the tract and said so. He called attention to a chart obtained from the Portland Railway, Light AY Power Com pany, showing that the running time from St. Johns and from Lents to the Holladay location were practically the same and the other schedules showed ! the central location of the site. I II. C. Campbell, who appeared as an Interested visitor, remonstrated against I the purchase. He said he was In- I tereited. having joined In the offer of a tract in Hawthorne Park for $71.00u. but in any event, no matter what loca tion was decided upon, he urged that a close-in site be chosen. Page la Qsotnl la DerUlam. Mr. Lockwood counseled delay, point- ! tng out that all could agree If they ! took time for the selection of the ground. Judge Munly and others doubted a unanimous decision could be reached. "It does not follow that there will be any agreement as to the best tract, no matter whether we take this or some other one." aald Judge Munly. "Socrates said that whether a man marries or not, he repentelh, and It will be much the same In this caae." Director Plummer, as chairman of the grounds and buildings committee. aubti:itted a report favoring the Anglo Pnclfic trait at a price of $120,000 and Directors 1'lumrner and Smith voted for FIE PRIZES for il? Oregonian Readers Many Beautiful rremiums in The Great P. P. I. E. "15" Puzzle AND 3LVNUFACTURERS PUBLICITY DISTRIBUTION No One Is Asked to Buy Anything to Win One of the Prizes. Everyone sending answers will receive the P. P. I. E. Edition of "NATION'S HOME SONGS' (containing; words and music of sixty-six songs) ; also chance to win free Vanity Cases, Coin Purses, Pocketbooks, Ladies' Bar Pins, Gentlemen's Scarf Tins, Fountain Tens, Art Medallions, Gilt Framed Pictures, or other beautiful Souvenir Prizes. Each contestant has an equal chance to win. 1st Grand Prize: Superb latest design, brand new Kimball Up right, exactly as exhibited at the P. P. L L in Liberal Arts Palace. $275 Mahogany Pianola. $125 Phonograph and Records included. Genuine Diamond Ring. Beautiful Set of Guaranteed Silverware, Etc All contestants, will also receive from our Advertising Department, besides the pre miums mentioned above, a bona fide cash value PUliCII ASER'S CREDIT VOUCHER good towards the purchase of a NEW PIANO or PLAYER PLNO in any of the chain of EILERS STORES. 2d Grand Prize: 3d Grand Prize: 4th Grand Prize: 5 th Grand Prize: An Interesting Puzzle (g)(g)(g) (2)(g)() IMPORTANT Each number is to be used but once. If unsuccessful at first, try again it can be done! For the best arranged, neatest, correct and most artistic answer, we give the prizes in order of merit. All prize winners will be notified and all prizes not called for within 15 days after closing of contest are forfeited. Use of this paper is permitted. Only one person in a family can enter. All prizes in this great publicity event will be given absolutely free. Neatness, arrangement, as well as accuracy, will be considered. All answers must be the con testant's individual work. In case of tie exact duplicates of every prize in this contest will be awarded, the decision of the three judges to be final. All answers must be sent at once to Ex position 1915. publicity department. Desk OX at Filers Music House. Contest closes at 6 P. M., Western Union time, on Friday, July 23. All answers brought or mailed after that hour will be rejected. Everyone has an equal opportunity of securing one of the above prizes. Winners in previous contests and employes of any Eilers Music House are barred. Dont delay answering. Write name and ad dress plainly on this or separate sheet of paper and send in your solution just as quickly as possible. NOTICE Remember, contest closes Friday. July 23. Don't be late. No replies considered after that time. Statistic Blank Mail or bring this blank or one similar. Which do you consider the Nation's most popular Piano or Player-Piano? Answer Name Street No City Address all answers to Desk OX, care Eilers Music House. Can It Be Done? Send your answer at once to Eilers Music House Arrange these figures so they total "LV in every direction, up and down, and side ways, and, perhaps, also diagonally. WHY THE "15" PUZZLE? This great offer is made in an effort for piano manufacturers to reduce costs of selling pianos. The old methods of paying solicitors, teachers and agents commissions, magazines and theater pro gramme advertising, or engaging the gr?at artists to play their pianos in public, are too costly, and the retail purchaser must eventually pay this cost in the additional price. We use a portion of such advertising allowance money in a profit-sharing campaign, thus making this unusual offer direct to the purchaser. THE "15" PUZZLE MEANS SOMETHING . This great "IS" puzzle is made to specially em phasize the fifteen noteworthy types of instru ments that are contained in the Eilers Music House exhibit of ultra modern musical instru ments in the Liberal Arts Palace of the P.-P. I. where every instrument competes with every manufacturer of this or foreign countries for highest honors. This exhibit is the most extensive ever made at any International Exposition. It is the largest individual exhibit in the Liberal Arts Palace, with the exception of the Government's. This unique "15" puzzle is to call attention par ticularly to fifteen different types of instruments in this great Ultra Modern Musical Instrument Exhibit, namely: The genuine Chickering Baby Grand Player Piano. The genuine Chickering Anniversary Grand. The genuine Chickering Artigraphic Electric Artist Reproducing Piano. The genuine Chickering Player Piano de Luxe, with flexotone device. The Kimball Orchestral Concert G rand Piano. The Kimball Diminutive Baby Grand Piano. The Kimball American Home Piano. The Kimball Player-Piano. The Eilers Duotonal (Double Sound Board) Piano. The Autopiano Human Touch Player-Piano. The Bungalow Player-Piano. The Smith & Barnes Professional Service Piano. The old, time-honored Decker Artist Model Piano. The exquisite HadJorff Virtuoso Piano. The splendid Marshall & Wendell flexotone Player-Pianos. These instruments comprise the world's fore most achievements in high-grade Pianos, and are sold only by Eilers Music House, the Nation's foremost distributors of pianos, whose motto, "Every transaction must be satisfactory to the purchaser," has built up a patronage twice greater than any other concern's. Caution Write plainly and adhere to the rules. Broadway at Alder Portland, Oregon Eilers Building EX-SENATOR FROM NEBRASKA AND SOME OF PORTLAND PEOPLE WHO ENTERTAINED HIM. It and Directors Heh and Ickwood ualnil It. Chairman Munly catt the JcrldiliK vela In Its favor. Yeaterrtay'a mrtllnz was a pcclal oik. poatponed from litat Thursday, to Slve the directors time to look at various tracts offered. SI5,000 00E STATE r-j-yzl Js m tel. I 7 - " V ; p . 1EKT TO RIGHT KX-SBN ATOR E. J. BIRKKTT, SK UOK H AftRY LAB, r:-K A10H C. W. VI XTO, Jt DUE llK.VRV K. M'Cl-.. BLAZE SERIES IS PROBED Arson Squad InteMlsatcs Suspicious Kires la One Home. The arson squad, composed of Cap tains Roberta and tSroce and Kira LJeutenant Treeie. are InvestiiratlnK tlie fires bcrun under suspicious cir cumstances in the two-room house of Sebastian Krnal. car washer tn the Southern Pacific shops, at 04 Fif tieth arenue. tioutheast. Kxploslons. preaun.ably of an oil lamp, caused two biases, which were put out by the fire department, and a third fire was apparently begun oy a match applied to an otl-aoakel pair of trousers stuffed In the fllmry parti tion of the house. Thouarh Insurance was at flrat de nied. It was later discovered that the house and contents were Insured for $1000. Prominent Churcliman Visits. rr. Harry France, of Washington, head of the Deaconess movement of the Methodist Episcopal Church, was a visi tor In Portland yesterday, leaving last night for Seattle and other Pupret Sound points, where he will continue his observations and enjoy an outing. tr: France visited with local Metho dist yesterday. He was very much Im pressed with conditions In Portland and was won with the climate and scenery of thla part of the Coast. Dr. France will make a complete tour of i he Northwest before returning to the East. The lat awnxdirir monument betweeg lht t'nttad Htslea and Canada has been ,tu Tha anrk has btcn olng on Intarmuteatly lor 10 ysars. Jason C. Moore's Ability to Complete Project Doubted. FORFEIT NOT ALL UP YET Time Allowed on Part of $25,000 Pa) men t to Guarantee Work on IVrvcIopmcnl of Salt Pe-po-lt Kxplres In Week. Jajon C. Moore, of New York, who was granted a lease on I-kea Sum mer and Abert by the 11S Legislature, must file a bond fcr 115.000 by next Sundsy to complete the 123.000 forfiit promised the state In rase he does not commence development of the lakes project within 0 days after May 21 of this year. In case this forfeit Is not forthcoming and the State I-and Hoard don not grant him a second ex tension of time his lease on the lakes will be null and olil, according to the contract entered into by Mr. Aloore and the state. The rumor Is current that Mr. Moore haa not met with the financial assist ence he expected and that he will have to give up his plans for developing the salt deposlta of the two Oregon lake. Mr. Moore's representatives In Oregon. Attorneys Sheppard and Brock, of Portland, said jreaterday they did not know when Mr. Moore would come to Oregon, and It la lmpoaatble to ascertain whether or not the project will be carried, out. Even It he la un successful, however. In perfecting his plana. It Is thought certain that other wealthy interests ultimately wi;i put the prtiject through. Mr. Moore originally entered Into the lease agreement with the State I-and Hoard and this was confirmed by the legislature after considerable dehale. Mr. Vooro postci S10.000 as an evidence of his good faith and agreed to deposit an additional IIS. 000 In May. but was unable to do so on acount of the Influ ence of the war on finances tn New Vork and the state granted him an ex tension of 0 days which expires ncut Sunday. The total deposit of fIS.tlOO la required by the contract to guaran tee commencement of work on the proj ect within 0 daya after May SI. PARK CONCERT IS TODAY Programme Arranged for Washing ton Park by !r. McKlroy. The Park band concert today wt'.l be played at Washington Park at 3 o'clock. K. McKlroy. director, has arranged the following programme: a March, on celebrated "Melody In F" ( ftubensteln) ; overture. "Tsnnhauser" t Wagner); piccoli duet. "The Two Nightingales" (DeMare): waits, "fn reiulted" (I.ove; grand opera. "Al 1 1 Ha" tVerdl); serenade from ballet "Lee Mlllelns t'Atlequln" (Drlgoi; characteristic. "Mexican Kisser" iKnh. ens); "Kamennot ostrow" (Huhen steln); grand selection of tvottl.h folk songs and dances. "Songs of Srol lanl" ilamrel; finale. "The e'tar Spangled Banner. Ilcllos of Two Towns In Museum. The tr of the chiefs of police of Linn ton and St- Johns and the badges worn by firemen and other emploes of those towns prior to their being an ncxed to Portland, now repose as relics In the City Museum. The badges were placed In a corner of a display cace and labeled "Relics of the abolished government of Llnnton and Sl Johns.'