McMinn County Bd. of Ed. v. Anderson

• Decision Date: 08 June 1956
• Citation: 4 McCanless 333,292 S.W.2d 198,200 Tenn. 333
• Parties: McMINN COUNTY BOARD OF EDUCATION v. Lucille ANDERSON et al. 4 McCanless 333, 200 Tenn. 333, 292 S.W.2d 198
• Court: Tennessee Supreme Court

Page 198

292 S.W.2d 198

McMINN COUNTY BOARD OF EDUCATION v. Lucille ANDERSON et al.

4 McCanless 333, 200 Tenn. 333, 292 S.W.2d 198

Supreme Court of Tennessee.

June 8, 1956.

Jack Johnson, Athens, for appellant, School Board.

C. T. Ziegler and Frank Bratton, Athens, for appellees, Teachers.

BURNETT, Justice.

This suit was begun by numerous teachers, who had taught in the public schools of McMinn County for the biennium 1951-1953, seeking to have their salaries for that period the same as were paid them in the school year 1948-49. The Chancellor decided all issues in favor of the teachers. An appeal has been seasonably perfected, briefs filed and arguments heard and we now have the matter for disposition.

The appellant Board takes the position (1) that the declaring of the General Education Bill of 1951 unconstitutional does not restore the General Education Bill which immediately preceded it, to-wit: Chapter 9 of the Public Acts of 1949; (2) that, if the 1949 Act did become effective then Section 7 of Chapter 9 of that Act prescribes the county's rights and the amount of funds that they are required to raise are limited to the amount that they were required to raise for the years 1946-47; and (3) that the teachers are estopped to now seek this additional salary since they have each signed a contract agreeing to teach for the minimum salaries as provided by law.

After reading the excellent briefs herein some two or three times and doing considerable independent investigation, Propositions (1) and (3) are very clear to us. Proposition (2) has given us far more trouble but we feel that we have arrived at the right conclusion as far as the answer to it is concerned. We will first respond to Propositions (1) and (3) and then take up Proposition (2).

Chapter 132 of the Public Acts of 1951 was the General Education Bill covering the biennium 1951 through 1953. This bill was brought into question and it was determined unconstitutional for the reasons stated in the opinion, the case of City of Nashville v. Browning, 192 Tenn. 597, 241 S.W.2d 583. This Act of 1951 which was declared unconstitutional was the next general act after the General Education Act which was passed in 1949. When the 1951 Act was declared unconstitutional then the 1949 Act became effective and operated for the next biennium. It is true that in the caption of the 1951 Act the 1949 Act was attempted to be repealed but the general law is, and sound reason demands, that a court hold when,

'an unconstitutional statute which purports to repeal a prior statute by specific provision is ineffective to establish a repeal when the validity of the substituted enactment is a prerequisite to repeal, * * *.' Sutherland Statutory Construction, 3rd Ed., Vol. 1, Sec. 2033.

The footnotes to the quoted section above cite cases from many jurisdictions which are here applicable. In 82 C.J.S., Statutes, Sec. 281, page 473, this is said:

'an act which is invalid or unconstitutional and void or inoperative does not repeal another valid act. The rule is well settled that an unconstitutional enactment will not repeal a former valid law by mere implication, even where the subsequent unconstitutional act declares the repeal of all acts or parts of acts inconsistent therewith, and it is apparent that the repealing statute is to be substituted for the one repealed, since there is nothing that can conflict with a void statute.'

Under this statement there are cases from various jurisdictions cited as authority therefor. Among the others is our case of Biggs v. Beeler, 180 Tenn. 198, 173 S.W.2d 144, 946, 153 A.L.R. 510 (Poll Tax case). Cases from other jurisdictions there cited support our conclusion here that the 1951 Act being unconstitutional the 1949 Act remains in full force and effect until it is supplanted by a subsequent valid Act. The common sense of this conclusion is evident and must be true. We must have valid legislation under which to administer our educational system. Therefore if an act is passed which is unconstitutional then the immediate preceding constitutional act must stand in its stead until some other valid enactment is enacted by the Legislature.

The third proposition as posed by the appeal is that the teachers are estopped to claim the additional salary sued for, their contracts having specifically provided for the minimum salary set by the State Board of Education. The appellee Teachers have entered into a contract with the appellant Board for the biennium 1951-1953 for salaries only that equal the amount of the State Minimum Salary. Their contention is that they were entitled to the additional amounts granted by the Board during the school year 1948-49 under Chapter 9 of the Public Acts of 1949 here in question.

All teachers who teach in the public schools must enter into written contracts with the School Board and these contracts are supplied by the Commissioner of Education. T.C.A. Sec. 49-1305. The General Education Law of the State governs all teachers teaching in public education in the State schools. The counties of the State participate in various funds raised by different enactments for the purpose of public education and by so participating in these funds they likewise agree to and are bound by the statutes and acts controlling public education. The Chancellor held that the law as written in the various statutes must be read into the contracts as entered into by the teachers with the county. It seems to us that this is bound to be correct. The statute on the books that is applicable or one that is enacted that applies to the contract of a teacher of the county in public education in the making of the contract by the teacher with the county enters into and forms a part of the contract in the same manner as if it had actually been written or copied into the contract. The parties of either side of this contract would be, should be and are bound by these statutes as though they were actually copied into this contract.

Among other things, Section 9 of Chapter 9 of the Public Acts of 1949 provides that:

'* * * a salary not less than that contracted for as of the beginning of 1948-1949 school terms as defined hereinabove in this paragraph, plus at least the difference between the amount to which he would be entitled under the state salary schedule of 1948-1949 and the state schedule the State Board of Education is herein instructed to set up for each year of the biennium 1949-1951.'

When we consider this part of the statute as a part of the contract herein it certainly would seem that the teacher is thus entitled to the salary as paid them the year 1948-49 and that this statute becomes a part of their contract even though the contract as signed they agreed to work for the minimum salary. They are not estopped to do this because these statutes and subsequent ones governing public education become a part of the contracts and it would be against public policy for the School Board in one county to barter with the teachers and beat them down to a less salary than the State law authorizes and directs that they have.

We will take judicial knowledge of the fact that over a period of years, as far back as we can remember, every candidate for Governor has promised to increase teachers' salaries. It is public knowledge that teachers ordinarily and normally are underpaid when you consider their training and education, etc. The various acts of the Legislature down through the years show distinctly that it was the purpose of the Legislature to try to increase the tax burden and shift considerable amounts of this tax burden to paying teachers' salaries....