Owen J. Roberts

“ I believe the people of Indiana, if they prefer, have the right under the Federal Constitution to entrust this important public policy to the elective representatives rather than to the courts. Democracy permits the people to rule. I cannot agree that the constitutional prohibition against impairment of contracts was intended to-or does-transfer in part the determination of the educational policy of Indiana from the Legislature of that State to this Court. ”

“ Under these circumstances 'The presumption is that such a law (Teachers Tenure Law) is not intended to create private contractual or vested rights, but merely declares a policy to be pursued until the Legislature shall ordain otherwise.' [27]
It is the end of every government to promote the general welfare of its people and we do not assume 'that the government intended to diminish its power of accomplishing the end for which it was created.' [28]
The Supreme Court of Indiana here held that 'the tenure Law does not purport to give a teacher a definite and permanent contract. ”

“ We do not think the asserted change of policy evidenced by the repeal of the statute is that school boards may be at liberty to cancel a teacher's contract for political or personal reasons. We do not understand the respondent so to contend. The most that can be said for his position is that, by the repeal, township school corporations were again put upon the basis of annual contracts, renewable at the pleasure of the board. ”

“ Under these circumstances, we can consider the decision of the Indiana courts as based on a finding of inadequacy in petitioner's complaint under Indiana law. This Court does not decide 'questions of a constitutional nature unless absolutely necessary to a decision of the case.' [24] We should not depart from this policy in order to strike down a law passed by a State in its sovereign capacity to establish legislative policies for the education of its people. ”

“ The question is whether there is a vested right in a permanent teacher's contract; whether, under the tenure law, there is a grant which cannot lawfully be impaired by a repeal of the statute.' Where the state court does not decide against a petitioner or appellant upon an independent state ground, but deeming the federal question to be before it, actually entertains and decides that question adversely to the federal right asserted, this Court has jurisdiction to review the judgment if, as here, it is a final judgment. ”

“ The court below holds that in Indiana teachers' contracts are made for but 1 year; that there is no contractual right to be continued as a teacher from year to year; that the law grants a privilege to one who has taught 5 years and signed a new contract to continue in employment under given conditions; that the statute is directed merely to the exercise of their powers by the school authorities and the policy therein expressed may be altered at the will of the Legislature ”

“ If the people's representatives deem it in the public interest they may adopt a policy of contracting in respect of public business for a term longer than the life of the current session of the Legislature. This the petitioner claims has been done with respect to permanent teachers. The Supreme Court has decided, however, that it is the state's policy not to bind school corporations by contract for more than 1 year. ”

“ Indiana's highest court has said that the State did not, and has strongly indicated that the Legislature could not, make contracts with a few citizens, that would take away from all the citizens, the continuing power to alter the educational policy for the best interests of Indiana school children. The majority decision now places in this Court a power which has been exercised by the states since the adoption of our Constitution. The people have not surrendered that power to this Court by constitutional amendment. ”

“ Be it enacted by the general assembly of the State of Indiana, That any person who has served or who shall serve under contract as a teacher in any school corporation in the State of Indiana for five or more successive years, and who shall hereafter enter into a teacher's contract for further service with such corporation, shall thereupon become a permanent teacher of such school corporation. ”

“ The demurrer was sustained and the petitioner appealed to the state Supreme Court which affirmed the judgment. [2] The Court did not discuss the first ground of demurrer relating to the action taken in the school year 1932-1933, but rested its decision upon the second, that, by an act of 1933, Acts Ind.1933, c. 116, the Teachers' Tenure Law had been repealed as respects teachers in township schools; and held that the repeal did not deprive the petitioner of a vested property right and did not impair her contract within the meaning of the Constitution. ”

“ The causes of cancellation provided in the act of 1927 and the retention of the system of indefinite contracts in all municipalities except townships by the act of 1933 are persuasive that the repeal of the earlier act by the later was not an exercise of the police power for the attainment of ends to which its exercise may properly be directed. ”

“ National Surety Co., 297 U.S. 657, 662, 56 S.Ct. 619, 621, 80 L.Ed. 961.↑ New Jersey v. Yard, 95 U.S. 104, 113, 114, 24 L.Ed. 352.↑ Phelps v. Board of Education, 300 U.S. 319, 322, 57 S.Ct. 483, 484, 81 L.Ed. 674, and cases cited.↑ City of Crawfordsville v. Hays, 42 Ind. 200; Charlestown School Tp. v. Hay, 74 Ind. 127; Harrison School Tp. v. McGregor, 96 Ind. 185; Kiefer v. Troy School Tp., 102 Ind. 279, 1 N.E. 560; Sparta School Tp. v. Mendell, 138 Ind. ”