Liability and Non-Liability

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PASSENGER on a railroad train was injured by a fall because a careless ploye failed to remove a stepladder on which he had stood to light the lamps. He collected $5,000 damages.

A workman in a factory collected several thousand dollars damage because injured by a defective machine.

A motorist killed because of a defective culvert placed in a highway left his wife in fairly comfortable circumstances at the expense of the town, as a result of a verdict rendered by a jury in a damage suit.

A city compromised a damage suit, the result of a defective sidewalk, for $5,000.

A school district is responsible under the Workman's Compensation Law for injury occurring to a teacher because of a defective stairway.

She

Florence Falk lived in Milwaukee. was seventeen years old, attended school in one of the wards, and while attending that school and without any fault on her part she was made sick by sewer gas which escaped from a sewer pipe into the building, because the sewer pipe was permitted to be clogged. The city authorities were notified of this condition, but

failed to repair the sewers. Florence died of sickness caused by escaping sewer gas. The court held that in maintaining the public schools, a city is performing merely a public duty, and is not liable for the death of a pupil caused by sewer gas escaping into the schoolroom through a gas pipe which had, negligently, and with knowledge of the city authorities, been allowed to become clogged and to remain out of repair.

Falk, Administrator, complainant vs. City of Milwaukee, respondent. This case was tried with unusual ability.

In the case of Juul vs. School District of the City of Manitowoc, it was shown that a child twelve years old was injured by falling into a pail containing hot water, caustic acid, and chemical compounds, left in a passageway of one of the city's school buildings, that the

pail with its contents had been so placed for

the purpose of being used to scrub and clean the floor of one of the schoolrooms in accordance with a custom and that the rooms were cleaned once a week. The pail containing the scrub water was placed in a passage of the school building and at the time of the injury the child was going from one room to another in accordance with directions given to her by a teacher. The court held that "Such act must have been declared to be done by the school district in the performance of its governmental duties and the district is not liable for an injury to a pupil who in passing from one room to another fell into such pail.”

In the case of Bernstein vs. City of Milwaukee, it was shown that one of the school playgrounds for children was divided into two sections, one designed for the children of twelve years or over and the other for those under twelve. It was also shown that suitable appliances were placed in each section of the school ground for the use of the children for which they were intended. It occurred, however, that a certain piece of apparatus in the section set apart for the older children was a dangerous one if used by younger children, and consequently the city placed the playground under the supervision of certain employes with instructions that such employes were not to permit the younger children to play with the apparatus designed for the older. It occurred, however, that one of the employes permitted and even invited a nine-year old child to use that part of the playground intended for the older children and also that piece of apparatus dangerous to children under twelve years of age. It was alleged that the child suffered injury and damage to the extent of $20,000. The court held that in maintaining a public playground the city acts in its governmental, not its proprietary capacity, and that negligence in the performance of a governmental function by officials or agents of a municipality does not give a right of action except that a "municipality may not maintain a public nuisance even though it is performing a governmental duty.” It was held in this case that this particular piece of apparatus was not a nuisance.

In the case of Hayes vs. City of Oshkosh, decided by the supreme court in 1873, it was

held that a city is not liable for value of property destroyed by fire which is caused by negligence in working a steam fire engine belong ing to the city and which was used at the time in extinguishing the fire, the engine being under the control and management of engineers employed by the city. The fire company was engaged in the duty of performing a governmental function.

In the case of Srnka vs. Joint District No. 3, 174 Wis. p. 38, the district was sued on the ground that it had failed to keep and maintain a building in a manner so as to render it safe and free from danger. It was shown in this case that the district had erected a wooden partition separating certain rooms and that in this partition was a door in which there was a knot hole an inch or an inch and a half in di

ameter. It appears that the board had been notified of this condition but had failed to close the opening. It happened, however, that during the noon hour one day a lad returning to school found the door barred or locked and when he attempted to look into the other room to know why the door had been barred, a lad on the opposite side poked a steel file through the knothole into the eye of the plaintiff, resulting in an injury which caused removal of the eye.

The court held the district was not responsible, owing to the fact that it was discharging a governmental duty. This rule is the rule of the courts generally. There are many other

cases.

From what is recited above it can readily be : recognized that there are good and substantial reasons for distinguishing between the financial responsibility of cities, towns, manufacturing plants, public utilities, common carriers, etc., and even in school districts, when it becomes a question of guarantor or surety against accident or death. When it comes to the question of compensation for hire, the school district is an employer and is liable under the workman's compensation act, but when a pupil is the sufferer the distinction of employer and employe does not exist and the liability ceases. The school is a creature of government for a special governmental purpose. Its maintenance is compulsory on each school unit; its duties are sanctioned by law and penalties are provided in cases of failure to perform a mandatory governmental function.

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American Education Week

MERICAN Education Week is a permanent world-wide movement designed to schools, their ideals, achievements, and needs. acquaint the public with the work of the It is hoped that the observance will be general throughout the State of Wisconsin. Observation of the occasion is not necessarily confined to city school systems. There is no reason why schools of every grade cannot take part. Chief school officers in state, city, and county should take the lead in initiating plans, but the ultimate success of the enterprise will depend upon the cooperative efforts of teachers and parents. Daily and weekly newspapers, motion picture theaters, and radio broadcasting stations should be utilized when possible in acquainting the public with the plans for this observance.

This year American Education Week will be observed from Monday, November 5, to Sunday, November 11 (Armistice Day). The general program is under the direction of the National Education Association with headquarters at 1201-16th St., Washington, D. C. The tentative program for the week is as follows:

Monday, November 5-Health Day

Tuesday, November 6-Home and School Day
Wednesday, November 7-Know your School Day
Thursday, November 8-School Opportunity Day
Friday, November 9-Citizenship Day
Saturday, November 10-Community Day
Sunday, November 11-Armistice Day

Annual Meeting of
County Superintendents

The annual conference of county superintendents under the auspices of the State Department, will be held at the Schroeder Hotel, Milwaukee, Wednesday, November 7. The program follows:

9:30 Address

John Callahan

10:00 County Program of SupervisionEdith McEachron

10:30 Wisconsin's Rural School Building ProgramH. W. Schmidt

11:00 County Examinations-
Richard F. Beger

11:30 Causes of Non-Attendance-
Delia E. Kibbe
1:30 Program Modifications
Retarded-

Stella V. Stillson

2:30 County Teamwork

Esther Krakow

3:00 Our Jobs as Supervisors

S. M. Thomas

for the Mentally

Dear Oldtimer:

Benny Snow has gone. I have just read in a local paper a note of his passing. He has left to many of us the memory of a great teacher who had the dramatic instincts of a finished actor, the expository abilities of a successful jurist, the enthusiasm of youth in passing on his discoveries, and a gift of manipulation that would have enabled him to rival Houdini. These, plus sound scholarship and a passion for communicating the unmeasured riches in the subject of physics, made him one of the greatest of teachers.

Do you remember how he used to dash into the lecture room, and then—the skyrocket, the hurried introduction, the brief assignmentthe clear explanations, the perfect experiments, the startling final demonstration just as the bell was about to strike, the hushed silence and then the noisy applause? Great teaching, wasn't it? And how rare it is. You remember the geyser that erupted at the exact second that Benny had indicated it would, his apparent surprise, then his exhilaration. Tense, vivid, excitable, he communicated much of himself and not a little physics to stolid and pudgy young men, blasé youth, and indifferent girls. And the snowflake lecture! The genius that produced that classic!

Perhaps you now contrast him with the professor who "would enjoy the university if it were not for the students," whose only interest was in "production," who remarked of Benny that he was "a good teacher but no physicist," smugly intimating that this was an indictment. Ah yes, there are some of that breed now-bored by teaching, irritated by youth, untouched by the life that flows around them, scholastic, monastic, intellectual, icily accurate, but paralyzing to all but their own kind. They, thank fortune, are rare--but Benny's kind is rarer.

You and I are fortunate in having been privileged to sit at his feet and to realize how close teaching can come to being a fine art. Nay, in Benny's classes it was the finest of the

arts.

Don't you think that such ability should be recognized as equal at least to the industrious mediocrity that produces some document that nobody cares for? Isn't it as worthy to raise a mortal to the skies as it is to add a

cubic millimeter to the sum total of human knowledge?

In these later days I often ponder over this and wonder why we don't really glorify good teaching. Once I heard Patzer at an institute demonstrate the trade winds; it was perfect exposition, perfect teaching. Do you recall Hutton's arithmetic exercises? Salisbury's management, MacGregor's literature? And there are men and women today who are doing the same virile teaching, guiding, inspiring, stimulating youth, building ladders to the stars. They probably are not scholars first, but they own scholarship that lives, grows, and remakes human life. They carry the torch that someone else has filled, but they light hundreds and thousands more. That was Benny's work. It was his life, and I for one am glad that I have sat at his feet. As you know, I went to his lectures without working for credits. Perhaps in our humble way we can help to make teaching the most satisfying of vocations, the greatest of professions, the finest of the arts. And when the final list of great teachers is posted and the Master of the Twelve draws to him the passionate and inspired instructors, I fancy we shall see well at head the master teacher of the University of Wisconsin-your Benny and mine.

Sincerely

John Schoolmaster

Reverie of a Teacher

By ANTOINETTE Baker
Stoughton, Wisconsin

One evening I sat in the schoolroom at dusk,
And I had the strangest sensation—
All of the empty seats

Were filled by some past generation-
Grandmothers, doctors, and lawyers,
Janitors, grocers, and tailors,
Teachers, clerks, and farmers,
Thieves, nurses, and sailors.
Gray-haired and feeble many;
None of them very young,
Yet all of their eyes were eager
As a distant bell was rung.
While I sat in stupid amazement,
Too surprised for speech,
They faded, leaving behind them,
"Remember, 'tis us you teach!"

INVESTING THE RETIREMENT FUNDS

Apropos of the letter of the chairman of the Legislative Interim Committee on the Investment of State Trust Funds announcing hearings and inviting suggestions, the City Superintendents Association expressed confidence in the present plan of organization and satisfaction with existing machinery for the investment of the retirement funds.

We agree with the superintendents. The fund has grown rapidly and on the whole it has been invested wisely under the present plan. True, there have been some losses, but reports indicate that they are not nearly so large as reported, and that the financial condition of the fund is sound. There may be some difference of opinion as to the security of some loans, but the general condition of the fund is better than that of many private corporations.

Under the present plan teachers are represented on the investment board by Superintendent Callahan and Miss Elizabeth McCormick, a Governor's appointee. As we understand the law, there is no reason why other teachers may not be appointed to the board. In addition, the public school, normal school, and university retirement boards are, upon invitation of the Annuity Board, represented at the meetings of the latter and while they do not have a vote on matters that come before the board, their advice is always sought. Thus, under the present plan there is a direct contact between the teachers and the board that invests their funds.

Then, too, it is probable that under the present plan of organization the board is about as far removed from politics as an appointive board can be, which is as it should be; for politics and the investment of retirement funds should be kept apart.

The fund is large and is growing rapidly. Restrictions on the investment possibilities, if

BENJAMIN W. SNOW WAS A GREAT TEACHER

Thousands of former students mourn the passing of Benjamin W. Snow. Many others who never were enrolled in his classes also grieve; for he was an influence in the lives of the students who attended the University of Wisconsin during his many years of service in that institution.

"Benny" Snow taught physics, not a very inspirational subject as it is presented by the average teacher. He was not a "hail fellow well met." He was rather reserved and kept himself aloof from undergraduates. He was known as a scientist, but he is remembered as a teacher.

The writer was fortunate enough to be one of Benny Snow's students. Like other students, he may not have remembered the definition of the erg or the ion, the explanation of the theory of the geyser, the laws of the boomerang, or the story of the snowflake. But, like others, he will never forget Benny Snow as he trudged across the room demonstrating in a practical way the unit of measurement of work; or as he gazed in awe at the great "scenic gift to mankind," when the "old faithful" geyser at his left in the front of his lecture room gushed periodically according to a prearranged schedule; or as he stood, chest expanding and contracting rapidly, in admiration of a "wonderful phenomenon" as the gaily colored boomerang sailed out from his trained fingers across the lower campus toward the library, gracefully curved, and came back to his feet; or as he settled himself back squarely, braced himself on feet, back straight, head erect, eyes blinking, marvelling at the "beauty of nature" when he threw the picture of the "wonderful" snowflake on the screen.