Board of School Commissioners v. Wagaman

Briscoe, J., delivered the opinion of the Court. John E. Wagaman brought suit against the Board of School Commissioners of Washington County to recover for services rendered as principal teacher of one of the public schools of that county. He recovered a judgment of $152.40, with interest from the 29th of February, 1896, and from this judgment an appeal has been taken. There were four bills of exceptions taken at the trial below, three of these relate to the admissibility of evidence and the fourth to the ruling of the Court upon the prayers.

The facts of the case are that Wagaman held a certificate dated July 1st, 1886, to teach in the public schools of Washington County, and for the first two years thereafter taught as assistant teacher of Sharpsburg School No. 1, District No. 1. Subsequently he was appointed principal of the school by the District Trustees, was confirmed by the Board of School Commissioners, and acted as such from the date of his appointment. He held a first grade, first-class teacher’s certificate in the following words : State of Maryland, County of No. 228. Washington.

General System of Free Public Schools. Grade i. Class One. Studies.

Per Cent. Orthography..... 80 Know all men by these presents, Reading ....... 80 that John E. Wagaman having Writing......... 80 given evidence of good moral char- ¹⁶⁰ Studies. Per Cent. Arithmetic...... 80 acter, and having been examined in Geography...... 70 the branches required by law for a History......... 80 first grade certificate as per margin, Eng.

Grammar... 80 is hereby authorized to teach in the Bookkeeping..... 95 public schools of Washingty County Geometry.......100 for one-from the date hereof, Algebra.........100 unless his certificate be annulled. N. Philosophy.... 80 Given under my hand and the Physiology..... 80 seal of the Board of County School Average........ 84 Commissioners, this first day of Teaching Power.. July, eighteen hundred and eighty-six. Salary $90.00, less 10 per cent, first year.

P. A. Witmer, Examiner. Endorsed as follows : The within named John E. Wagaman having taught in the public schools of his county for six months subsequent to the issue of'this certificate, and having satisfied me from personal observation of ability to govern a school and impart instructions according to the most approved methods, this certificate is renewed and extended to the first day of July, 1889. (Signed), P. A. Witmer, Secretary, Treasurer and Examiner. June 12th, 1889, extended to July 1st, 1892, and raised to first class.

P. A. Witmer. Extended to June 1st, 1897. P. A. Witmer, Examiner. On the i-5th of Feb., 1895, the Board of School Commissioners ' passed an order requiring an examination of all teachers at the end of the scholastic year.

The plaintiff had notice of this order, but refused to take the examination, stating “that his certificate did not expire until 1897, and that he did not feel like taking it.” He was afterwards, in August, 1895, appointed principal of Sharpsburg School, but was rejected by the School Board. Notwithstanding this rejection he was re-appointed by the District Trustees, and ¹⁶¹ entered upon his duties as such principal with full knowledge of his rejection by the board. His salary was refused by the School Board at the end of the school term, and this suit is brought for its recovery. In the view we take of this case, it does not become necessary for us to consider all the questions presented on the appeal.

Now it is quite clear that the teachers are employed by the District School Trustees, subject to confirmation by the