Clarke v. Ireland

' MR. JUSTICE METCALF:

Florence J. Clarke, the plaintiff, during the school year 1936-1937 was a public high school teacher in Montana. In 1937 the Twenty-fifth Legislative Assembly enacted Chapter 87, Laws of 1937, the Teachers’ Retirement.Act. Section 4(1) (a) of that Act provided that “All persons who were teachers in the public schools of the State during the school year nineteen hundred and thirty-six to nineteen hundred and thirty-seven, and who continue to be teachers shall become members as of the date of establishment, except that any such teacher may notify the board on or before the…