About The Red and Black (Athens, Ga.) 1893-current | View Entire Issue (Aug. 7, 1975)
I The Bed and Blac. Thursday. August 7, 1875 Page 3A AAUP’will win'suit By JKSSE REICHMAN According to a reliable legal source, if relevant data cited in a suit by a state employe in 1934 against the University Regents is now valid, a judg ment for the American Associ- News Analysis ation of University Professors (AAUP) will be made. As will be shown, the seemingly dull suit — Regents of the Universi ty System of Georgia v. Blan ton, March. 1934 hinges on the 1975 interpretation of "usu al and customary manner” over time. The appellate judge in the earlier suit stated, in upholding the lower court decision: — A State (Georgia), when entering into a contract, lays aside the attributes of sov ereignty given to it by its citizens. The State was created by its citizens. These citizens made terms and provisions for contract by the act of creation. As such, State contracts are similar to contracts among citizens. — If an act of the State legislature authorizes a con tract between citizens, then the courts of that State have the power to enforce a contract both for and against the State. If the contract is a contract of employment (as it is in 1975, as it was in 1934), then that contract is enforceable both for and against the State accord ing to the terms and provision of that contract — A contract was entered into between the employe, or “professor,” and the governing board of trustees, or "Board of Regents." As compensation for that contract, the professor received salary of one year paid monthly. Further, the salary was paid in a “usual and customary manner." At the time that the contract was made — 1974 v 1934 — it was made in accordance with the agreement entered into by the trustees and the professor. — Any new contract (1975) would be made subject to the terms and provisions of the previous contract 11974). The new contract would bo for the same length of time and the terms oi compensation would be made in the same manner. — Since the antecedent con dition. that the previous con tract was made in the usual and customary manner be tween professors and govern ing authorities of the schools (Board of Regents), was met. and the consequential condi tion, that a decision by the 1934 court to enforce full compen sation by the regents to the professor, was met, the court judgment for the prolessor "was authorized by the law and the evidence" and hence justified. Of course, what was "usual and customary" in 1934 is not usual and customary in 1974, if for no other reason than the 40-year time lag. And certainly the evidence is different. But if a 1975 court should find the earlier reasoning sound, a de cision for AAUP can be expect ed. U ' happy hour all week! for the first week of school (sept. 17 24) 25 c off any roast beef sandwich with this coupon oiler expires sept. 30, 1975 only d stone's throw from brumby & russell 549-3616 harris at baxter Quality, First and Always When buying diamonds, silver, watches. or fino Jowslry, wist shoppers do not trust luck. They hovo a battar way . . . a safa way. They saloct a ia wo lor wtio has oarnad the title Registered jeweler, Member of American Gem Society. Foster*! Jewelers Is proud of this distinction. So Don’t settle for less than professional advice Shop Foster’! Jewelers In Downtown Athens. MEMBER Of NATIONAL BRIDAL SERVICE JEWELERS DIAMOND MERCHANTS Claptee at JecJaan/Athens REGISHRED JEWELER. AMERICAN GEM SOCIETY CLASSIC STARTS FRIDAY “Benji is the most entertaining family picture of our time. Maybe of all time." L*; Smith of Cosmopolitan A fomMy Him by )o« comp II HELD OVER 3:10 5:10 7:10 9:10 COM ,'S r**v. :c*. PETER SELLERS H CHRISTOPHER PLUMMER CATHERINE SCHELL HERBERT L0M BLAKE EDWARDS BURT KWOUK / PE fER ARNE tetri ,' e *ot. BLAKE E CM ARDS Vwim.r, FRANK WAlDMAN ~ BLAKE EDWARDS H »«.. ADAMS RtCHARD WILLIAMS STuBO ■ -PANAVt&ON* [G United Artist* in HELD OVER 4:00 5:45 7:30 9:15 appr* fMt CAAMON HAPPY as’weuTioNcu me w assoc uu kin *nn mown moot *» rn MAPrv noomr S1AAMNG MJ* aUMONI • COCO* »Y MOV* l A* .THE BOOK. vTHE MOVE. 1*1 “SIX PACK ANNIE” STARRING LINDSAY BLOOM R DOUBLE FEATURE SIX PACK ANNIE’ PLUS “DIRTY O’NEIL’ You Picked A Great School, NOW Pick A Great Bank Where You Get "YOUR MONEY'S WORTH" lUnlimited no fee travelers checks >Your first 50 checks free tl0% discount on all installment loans of 36 months or less >$5 deposited to your savings account when you set up a monthly automatic deduction from checking to savings >$5 toward your first year's rent on a safe deposit box ►90 days free checking All free when you open your checking account with C&S Member FDIC
