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Mr. Sisson. One is an actual deficiency and the other is an anticipated deficiency?

Dr. BALLOU. Yes, sir; the one for this year is an anticipated deficiency. I would like to suggest that these teachers, it seems to me, ought not to be expected to wait until the middle or end of the next school year for their money.

ADDITIONAL SALARIES OF CERTAIN TEACHERS.

The CHAIRMAN. You ask that the sum of $24,175.28 of the unexpended balance of the appropriation for salaries of public-school teachers of the District of Columbia, fiscal year 1921, be made available for the payment of claims of certain teachers for additional salaries covering detail service, etc. Will you explain what that item means?

Dr. Ballou. Some time ago, indeed, on November 12, 1917, a Miss Marsh secured judgment against the District of Columbia for salary for services rendered. There are other teachers who were employed in exactly the same status in which Miss Marsh was employed.

The CHAIRMAN. What were the conditions?

Dr. BALLOU. The conditions were these: The board of education at that time found itself without any salary for high-school teachers, and it followed the practice of appointing teachers at elementaryschool salaries, and then assigning them to teach in the high schools, where the salaries were higher. It was a bad practice, without any doubt, but it was a practice that was adopted because there was no other way to appoint teachers in the high schools. Therefore that practice was followed. Later on Miss Marsh sued the District of Columbia and secured judgment in the courts which required the District to pay her, not the salary that she was engaged under, but the salary of the high school rank in which she served.

The CHAIRMAN. What is the amount of her judgment?

Dr. BALLOU. About $2,000, I am informed. Now, the board of education went very carefully into every similar case, and has eliminated a large number of claims that we did not believe came within the rule of the Marsh suit at all. The board has carefully computed the amount due to a considerable number of teachers who were in exactly the same status as Miss Marsh. Undoubtedly every one of those persons will sue the District and secure judgment. It is believed by the board of education that it will cost less for the District to pay those teachers in accordance with this judgment than it would be to have the teachers file suits and get judgment. For that reason the board of education recommends that this sum be authorized out of the unexpended balance of the appropriation for teachers' salaries

The CHAIRMAN. How do you know that there is any unexpended balance that has not gone into the Treasury?

Mr. Donovan. There is an unexpended balance of $63,000 in the appropriation.

The CHAIRMAX. But that has gone into the Treasury.

Mr. DONOVAN. Yes, sir; it can not be expended unless it is authorized.

last year.

Mr. Sisson. The language here, of course, is not in accordance with the law, because, as the chairman states, it is not an unexpended balance that is available now. There is no such appropriation.

The CHAIRMAN. There is no such unexpended balance in that appropriation.

Mr. Byrns. How far did they go with that case?
Mr. BALLOU. It went to the Court of Appeals.
The CHAIRMAN. The Court of Appeals sustained Miss Marsh?
Dr. BALLOU. Yes, sir.

The CHAIRMAN. It seems to me that there is nothing that we can properly consider here. The only thing to do in the Marsh case is to get the judgment properly certified to us, and then we can appropriate for the judgment, whatever it is.

Dr. Baliou. That judgment has been appropriated for and paid. The CHAIRMAN. Then that settles it. Dr. BALLOU. It settles that case, but it does not settle the cases of the other teachers who are in exactly the same position.

LONGEVITY PAY.

The CHAIRMAN. In the next item you ask that the sum of $1,500 of the unexpended balance of the appropriation for longevity pay of public-school teachers of the District of Columbia, fiscal year 1921, be made available to pay the balance due Marietta Stockard Albion, formerly employed as a teacher in the public schools, for additional longevity placing for the period between September 1, 1908, and June 30, 1916.

Dr. Ballou. I will ask Mr. Wilmarth to explain that item. Mr. WILMARTH. In 1908 legislation was passed authorizing the placing of teachers in the high schools in accordance with their previous years' teaching experience. At that time there were three teachers in the Wilson Normal School who had had certain normalschool experience in teaching while receiving grade-school salaries, namely, Miss Kalb, Miss Brown, and Mrs. Albion, who is named in this bill. Miss Kalb's claim was adjusted and settled under the regular appropriation. Shortly thereafter Miss Brown came in and presented her case, which was on all fours with Miss Kalb's case. The money not being available, an estimate for a deficiency was made so that it might cover her case. Mrs. Albion had resigned from the schools and did not make a claim until in May, 1921.

The CHAIRMAN. When was her employment?
Mr. WILMARTH. In 1908.
The CHAIRMAN. Has not the statute of limitations run against it!
Dr. BALLOU. The close of her service was not until 1916.
Mr. Sisson. But the money for this service was due in 1908.
Mr. WILMARTH. Beginning in 1908.

Mr. Sisson. It was due then. The statute of limitations begins to run when the claim is due, and not from the time the service ends.

Mr. WILMARTH. Her claim was at the rate of $200 a year beginning with 1908.

Mr. Sisson. Of course, I have no disposition myself to plead the statute of limitations for the Government.

The CHAIRMAN. It is in effect a claim?
Mr. WILMARTH. Yes, sir.

The CHAIRMAN. Should it not go to the committee on claims?

Mr. Sisson. I presume it is the subject of an appropriation, because it is a matter of law.

Mr. WILMARTH. Yes, sir; it is a matter of law. Mr. Sisson. Of course, it can be calculated here as well as anywhere else.

I suppose she could sue and obtain judgment against the Government. I do not know what the statute of limitations is here.

Mr. Donovan. Three years.

Mr. Sisson. It would run as to all of the items except those within three years. I would not want to plead the statute of limitations against it.

The CHAIRMAX. This is the exact amount due her?
Mr. WILMARTH. Yes, sir.
The CHAIRMAN. You have ascertained the amount?
Mr. WILMARTH. Yes, sir.
Mr. Sisson. I do not see how you get $1,500 here.

Mr. WILMARTH. It is $200 for seven years. For the eighth year she is entitled to only $100, because that brought her to the maximum.

FUEL, GAS, ELECTRIC LIGHT, ETC.

The CHAIRMAN. For fuel, gas, electric light, and power for the fiscal year 1921 you have a deficiency estimate of $10,512.80.

Dr. Ballou. İhat deficiency was incurred during the last school year ending June 30, 1921.

The CHAIRMAN. To what was it due?

Dr. Ballou. To a reduction in the amount of the appropriation as submitted and computed by us and to the additional amount of coal and electric light used.

The CHAIRMAN. You must have some definite reason to show for this deficiency. How many tons of coal did you use; how much electric light and power did you use; and what did it cost?

Dr. BALLOU. Those amounts can be furnished.

Mr. Byrns. There was no reduction in the amount of the appropriation. You got the amount you estimated for and a deficiency of $20,000.

Mr. Sisson. You asked for $165,000 and you received $185,000, including the deficiency.

The CHAIRMAN. And you are asking for $10,512.80 in addition. It seems to me we ought to be able to get definitely the exact reasons for this deficiency.

Dr. BALLOU. All the information I have is that we have to have coal, gas, and electric light and power. This is handled in the District Building

The CHAIRMAN. It seems to me that there ought to appear a complete statement of the amount of fuel, gas, and electric light and power used, and the price paid in comparison with the price paid the year before.

Dr. Ballou. I think Maj. Donovan can submit the information about this. It is largely a matter over which we do not have any direct control.

The CHAIRMAN. We ought to know the facts.

Mr. Donovan. That amount represents audited claims in favor of the Washington Gas Light Co, to the amount of $1,898.54; in favor of the Potomac Electric Power Co. in the sum of $5,707.15; and in favor of the Government fuel yard in the sum of $3,138.06, making a total of $10,743.75, against which we have an unexpended balance in the appropriation of only $230.95.

The ('HAIRMAN. In the appropriation for 1921 ?

Mr. DONOVAN. Yes, sir. We have an unexpended balance of $230.95, leaving $10.512.80 to be provided.

The CHAIRMAX. That does not explain this situation.
Mr. Donovan. I am simply giving the details of the estimate.
Mr. Sisson. Why did they not present these bills earlier?

Mr. Donovan. They were presented. This is the first general deficiency estimate that we have submitted since these deficiencies were incurred. Last November I believe you had a deficiency bill, but at that time we only submitted urgent deficiency items.

The CHAIRMAN. What we want from you is a complete statement in detail showing, first, how much fuel, gas, and electric light and power you used in 1920; how much you used in 1921, and the cost of the fuel, gas, and electric light and power in each of those years. We want your statement to show the amount of coal you used, and a comparative statement of the cost in each of those years, in order that we may see whether it is due to the consumption of more coal, or to higher prices. We will have to have some definite information in order that we may form some reasonable judgment as to what we ought to do about this item.

Mr. Sisson. I would like to know whether you have any way of checking these expenses up, to see whether you are using too much fuel, gas, and electric current.

Mr. WILMARTH. In the case of gas and electric light, the consumption is checked up by the inspector for the District before we make any payments. In the case of electrical current consumption, that is checked up by the electrical engineer, and the payments are made upon the certification of those officials as to the actual amount consumed. In the case of fuel, regular obligation ledgers are kept.

The CHAIRMAN. Do you know what you are paying for coal?
Mr. WILMARTH. I can give you the current price.
The CHAIRMAN. Do you use soft or hard coal?

Mr. WILMARTH. Practically all soft coal. Soft coal is $7.90 a ton; white ash stove coal, $12.74 a ton; white ash egg coal, $12.39 a ton; red ash stove coal, $13.24 a ton; the storing of coal is 69 cents a ton; sawed and split pine wood, $17.65 a cord; long pine wood, $14.76; 2-piece pine wood, $16.75 per cord, and the storing of wood is $1.50 per cord.

The CHAIRMAX. Do you buy coal by contract ?

Mr. WilMARTH. All of the fuel is furnished by the Government fuel yards.

The ('HAIRMAN. They are charging an excessive price. The Post Office Department is paying $10.51 a ton and another service is paying $12.39 a ton for the same coal and purchased from the Government fuel yards. How it that?

Col. KELLER. Is it the same ton? In some cases the price quoted is for a gross ton while in other cases it is a net ton, and that may account for the difference.

The CHAIRMAN. Of course, I do not know about that.
Col. KELLER. That would account for a 12 per cent difference.

The CHAIRMAN. You had better make a comprehensive statement about this. It is worth while going into because it seems to me and to all the members of the committee that this is running wild.

Dr. BALLOU. The second part of that for 1922 is an estimate of the amount of money which will be necessary to continue during this fiscal year.

The CHAIRMAN. That makes it $194,300, according to your figures. Dr. BALLOU. Yes, sir.

The CHAIRMAN. You submitted an estimate for $175,000 and you are now increasing that estimate.

Mr. WilMARTH. We have to estimate, of course; we estimate on the probable cost of the fuel and then we have to pay the regulation price at the time the fuel is bought and that, of course, is subject to Auctuation. This figure of $29,300 is an actual computed figure on the basis of the fuel we will need for the current year at the current price.

The CHAIRMAN. You had better submit a statement to us. You ought not to ask for $29,000 without submitting the figures. I wish you would submit a statement showing the number of tons of coal you use, the price you pay, the amount of electric light you use, and the amount of gas during the entire year, with the prices, and we will see how it figures out.

Dr. BALLOU. We will be glad to submit that.

The CHAIRMAN. You had better come back again, because we may want to ask you some more questions. In the meantime we will pass it over.

Statement showing cost of fuel, gas, and electric light and power for the fiscal

years 1919-20, 1920-21, and 1921–22.

[graphic]

$7.90 3128, 967. 50 12.74 10,663.38 12.39 3, 853, 29 13. 24 489.88

[ocr errors]

.65 12,031.90 17.65 1,517. 90 14. 70 7, 158.90 16.75

904.50 1. 50

940.50 9, 172.72 18,573. 69 194,324. 16

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