Rible

The Teacher’s Salary Schedules of the Sacramento City Schools, effective in 1935, provide that each year, in establishing the salaries of a permanent teacher, the amount payable to him for the ensuing twelve months shall be less than his compensation for the prior school term if he does not maintain his professional efficiency by graduate study. Lilly May Bible, a teacher subject to the schedule, refused to take any course of instruction and her salary was fixed at the amount specified for those who do not comply with the requirement. Thereafter she sought by writ of mandate to compel the payment of the amount to which she would be entitled had she earned additional educational credits, and her appeal is from a judgment adverse to her contentions.

Miss Bible graduated from Stanford University in 1912 and since that year has been a teacher of English in the Sacramento Senior High School. After nine years of service, she was classified as a permanent teacher and in 1932 she received a life diploma, authorizing her to teach English in the public high schools of California. That diploma is in full force and effect and no proceedings have been taken to suspend, reduce or transfer her.…

I dissent. I believe that the salary schedule adopted by the Sacramento School Board is discriminatory and unreasonable.

The opinion of the court in stating that appellant’s teaching credentials or tenure of position is not here involved, and confining discussion of the controversy strictly to the power to adjust and reduce compensation, is entirely oblivious of the fact that the effect of such' salary manipulation as here sought to be practiced, can only be to deprive the teachers of this state, of rights protected by their grant of a life diploma by the State Board of Education, and to impair rights heretofore guaranteed by the provisions of the School Code providing for the permanent tenure of teachers.

Sections 5.260 to 5.281 of the School Code provide for the granting of life diplomas, authorizing the holder to serve for life in the public schools of this state, in the capacity therein specified. Appellant, in 1932, was awarded such a life diploma, the state thereby recognizing her qualifications to teach. Sections 5.270 to 5.281 of the School Code provide for the issuance by county, or city and county boards of education, of a permanent certificate to the holder of a life…

The Teacher's Salary Schedules of the Sacramento City Schools, effective in 1935, provide that each year, in establishing the salaries of a permanent teacher, the amount payable to him for the ensuing twelve months shall be less than his compensation for the prior school term if he does not maintain his professional efficiency by graduate study. Lilly May Rible, a teacher subject to the schedule, refused to take any course of instruction and her salary was fixed at the amount specified for those who do not comply with the requirement. Thereafter she sought by writ of mandate to compel the payment of the amount to which she would be entitled had she earned additional educational credits, and her appeal is from a judgment adverse to her contentions.

Miss Rible graduated from Stanford University in 1912 and since that year has been a teacher of English in the Sacramento Senior High School. After nine years of service, she was classified as a permanent teacher and in 1932 she received a life diploma, authorizing her to teach English in the public high schools of California. That diploma is in full force and effect and no proceedings have been taken to suspend, reduce or…