The record-union., 1895-09-27
POWERS OF BOARDS OF EDUCATION.
The Supreme Court Declares How
They Are Limited.
A Case From Sutter County Which an
Unsuccessful Applicant Won
by Appealing 1t.

The Supreme Court has reversed the
Judgment of the Superior Court of Sutter
County in the case of Augustine Keller.
petitioner and appellant, against a. III.
Hewitt and his colleagues on the Sutter
County Board of Education, and ordered
the lower court 10 overrule the defend
ants demurrer.
Keller made application to the Board of
Education for grammar grade certifi-
cate as teacher in the public schools of
the county, and upon examination by the
board for that purpose, in accordance
with its rules, was awarded percentage
of proficiency upon all of the studies,
subjects and matters included in his ex-
animation above that required by law
and the rules of the board to entitle him
TO certi ticate of the grade applied for.
The board found and decided that X Keller
was OF good moral character and in every
way lit and competent TO receive such
certificate. In its decision the court says:
But, Notwithstanding this finding,
and that nothing further remained to be
performed by appellant 10 entitle him
thereto, the board arbitrarily and with
out cause refused 10 issue such certificate
tO,appellant. After Il formal demand for
continued refusal, appellant applied to
the Superior Court OF the county for
writ of mandate against the board,
requiring the issuance to him OF such
certificate, setting forth with great full
ness and detail III his affidavit on petition
the facts of which the foreg DING is brief
summary. The Superior Court sustained
a demurrer 20 the petition, and upon
failure 10 amend entered Judgment
against the petitioner, from which he
appeals.
"W think the ruling of the court below
was clearly erroneous. The theory upon
which that court proceeded in sustaining
the demurrer, and that now commended
for by respondent, is that the law vests
III the Board OF Education the absolute
power and discretion TO determine in any
instance whether certificate shall issue
10 am applicant irrespective OF the ques-
ton Of his fitness, as shown by his exam
ination, ana that Its determination in the
premises is final and not subject to re-
view by the courts. This view of the law
cannot, in our judgment, be sustained. 1t
was never intended to vest in the Board
OF Education any such absolute power in
the premises.
Tho law gives the board large discre-
tionary powers, unquestionably, but
there are limits beyond which their dis
crcticn does not go, and where rights
arise which IL Is not in their discretion to
refuse. They have power 10 prescribe
and enforce rules for the examination OF
teachers and to examine applicants. and
prescribe standard of proficiency which
the person examined must reach to en-
title him to q certificate Pol. Code, Sec.
l77l, and no doubt Ill the exercise OF
these functions the board is vested with
such discretionary judgment that their
action could not be reviewed-as, for in
stance, in determining the degree of pro-
ticiency and fitness shown by an appli-
cant upon any matter involved in his ex-
animation, and perhaps In prescribing
the standard OF proficiency and subjects
OF examination.
'In such matters it may be safely as
sumed that their function. being largely.
if not wholly, discretionary, and involv-
ing an exercise Of Judgment their deter
mination would be held final. But, hav-
ing established such rules and fixed such
standard, and having examined an appli-
can't under those rules, and determined
that they have been complied with, and
in all respects the prescribed standard of
proficiency reached, 1t was not intended
that they should nevertheless have the
arbitrary power to say that in such case
a certificate shall not issue. When under
the law and their rules the question OF an
applicants fitness TO receive d certificate
has been determined in his favor, the
limit of the boards discretionary func-
tions in the premises has been reached,
and a plain legal duty results.
The applicant thereupon becomes en-
titled TO a certificate, and the board rests
under a corresponding obligation to grant
it. Itis such case that is made by the