95 S.W.2d 618 | Tenn. | 1936
This suit was brought on the relation of certain teachers in the Hamilton county schools to compel the county authorities to compensate relators according to a salary scale embodied in chapter 620 of the Private Acts of 1935, as amended by chapter 82 of the Private Acts of the Extra Session of 1935. Hamilton county and certain county officials and school officials were named as defendants. Defendants filed a demurrer by which they challenged the validity of the acts named in several particulars. The chancellor overruled the demurrer and permitted an appeal.
The legislation attacked fixed minimum graduated salaries to be paid to the teachers in the Hamilton county schools. The demurrer, among other propositions, made the point that the two acts created an arbitrary discrimination *373 against Hamilton county and imposed a burden upon Hamilton county not common to other counties of the state in violation of section 8 of article 1 and section 8 of article 11 of the Constitution of Tennessee. We think this contention should have been upheld.
Chapter 115 of the Acts of 1925, as its title indicates, undertook "to establish and maintain a uniform system of Public Education." This statute and certain amendments thereto are contained in the Code, section 2306 et seq.
By section 2325 of the Code it is made the duty of every county board of education "to elect principal, supervisors, teachers, attendance officers, clerical assistants, and other employees authorized by this statute, and to fix salaries for such authorized positions according to the provisions of this statute."
By section 2340 of the code it is required that "All teachers must make a written contract with the county board of education at a fixed salary per month before entering upon their duties in any public elementary or high school."
By section 2325 (14) and section 2346 (2) of the Code, the county board of education is directed to embody teachers' salaries contracted into a budget to be submitted to the quarterly county court. That tribunal, if the budget is approved, levies an adequate tax to meet the same.
Under the general law, therefore, every other county of the state is authorized through its enumerated officials to choose its teachers, fix their salaries, and contract accordingly with such teachers. No reason is suggested to justify the denial of such rights to Hamilton *374 county — why Hamilton county's freedom of contract should be so abridged.
The argument in support of the acts involved is based solely on the proposition that they affect Hamilton county in its governmental capacity and that, such being the nature of the acts, they are valid, although special. We are referred to the Redistricting Cases,
True, education is a governmental function. Ballentine v.Mayor, etc., of Pulaski, 83 Tenn. (15 Lea), 633; Quinn v.Hester,
There could be no different test applied to a statute providing minimum compensation and a statute providing fixed compensation. If either is inconsistent with the general law regulating the compensation of county officials or employees, it is bad. The act before us requires Hamilton county to pay its teachers a minimum wage, regardless of the condition of the county's treasury. It deprives the county of the right to contract according to its ability, imposing a burden on Hamilton county placed on no other county in the state — all in conflict with the general school law — and the act must accordingly fall. These acts are not saved because Hamilton county is designed therein by reference to its population. Unless the act relates to a matter in respect of which a difference in population would furnish a rational basis for diversity of laws, classification on such a basis will not be upheld. Darnell v. Shapard,
The relators rely especially on State ex rel. Bise v. KnoxCounty,
It results that the decree of the chancellor overruling the demurrer will be reversed. The demurrer is sustained upon the ground indicated, and the petition for mandamus will be dismissed.
