Show TEACHER WINS WIN AWARD AVARD fO FOR j INJURY Y Supreme Court Holds That Miss Rae Woodcock Can n Claim Damages Although the state supreme court refUs refused d to Issue a writ of ot mandate to compel the Salt SaIt L Lake ke City board of ot education to pay the award Of r made last July by the state te Industrial commission to Miss 1 Rae Rao Woodcock a teacher who was injured d in the Whittier Whittier Whit Whit- tier lier school in the performance of or her duty nevertheless it held that compensation compensation compensation com com- claims are valid and must be paid The court denied the writ of ot mandate on the ground that it was not clear clearly shown that the board of or education n had funds with which to pay the compensation Compensation is merely e another term for salaries s or wages the court held pointing out that In incase case of or injury it mere merely I provides for the payment of a special or reduced salary aa as Ii compensation to the injured during the term fixed by tho the act The fund therefore out of ot which the compensation compensation compensation must be paid in the case of an ordinary is the We salary or wage fund while in the case of ot school distrIcts districts districts dis dis- dis- dis it must manifestly cum come out o othe of 01 the support and maintenance ot of schools fund FU FUNDS DS NECESSARY I Public officers should not trot be proc proceeded pro pro- c eded against by by the extraordinary writ of of mandate unless it is is' clear that they are refusing to comply with some duty imposed by law and unless it is equally clear from the pleadings that the applicant has the right to have the officer discharge such duty the court says in its decision The facts whether the there e are funds to pay A particular particular par par- claim are as readily ascertainable ascertain ascertain- i able by the applicant as by the off orti- The officer r therefore should not be harassed nor th the court put In n motion motion mo mo- tion unless there thee are funds on hand and th that t fact should be clearly alleged al and if denied be proved and unless such be done don the tho courts have ha no right t to issue a a. writ of or mandate II PAYMENT EXPECTED If It however the board has s sufficient sufficient funds in the support and maIntenance maintenance maintenance main maIn- fund for schools s 's to pay pa plaintiffs pl plaintiffs plaintiff's plain plain- tn tiffs tiff's claim it should do so and we have no doubt in view of this decision it will d do so without being compelled to p pay y by th the of ot a writ of or mandate mandat B By h having ving funds on hand w we wedo wedo e edo do not mean that the board must have ha made a a. special appropriation to pa pay compensation but but what we we mean mean Is that if Jf the board has sufficient money in in the support and maintenance of or 1 school funds to pay the plaintiffs plaintiff'S j claim then it had funds with which to pay th the same In n view of the position t taken k n by the court attorneys f for r Miss Woodcock and the industrial commission believe b lIeve I that the Ahe claim will pill paid without the necessity of further th r litigations I |