The San Francisco call., 1896-11-01

Two years more without any further order. At
the expiration of her third year the Board of
Education, without notice to her, elected
another teacher in her place. Relying upon
the decision of the case of Kennedy VS.. the
Board OF Education (82 Cal. 4S3l, Miss Marion
attempted to maintain her right to hold her
position for life or good behavior under sec
ton 1898 OF the Political Code, but she failed
In her contention. She was defeated.
In the course OF its opinion the Supreme
Court used the following language: "The case
OF Kennedy VS. the Board OF Education (S2
Cal 4S3) is the leading authority in this State
bearing upon his question. and it is there de-
| clded that the election of a teacher for no
an election for life subject todismisssl tor any
OF the causes mentioned in said section. That
case goes quite far enough. and the principle
here insisted upon carries the doctrine away
beyond anything there declared. In the Ken
nedy case the election OF the teacher was for
no stated definite time, and 1t was not held in
that case that the board had no power to elect
for certain definite period. Under its gen.
eral powers the Board of Education is author
lzed TO enter into contracts with teachers and
| fix the compensate and term of EMPLOY
ment. If the board should employ q te acher
for one year 1t would be absurd 10 say that it
could not dispense with the services of such
teacher al the end of the year"
Again, in the same case, the court used the
following language; 'sWhile the statute, as
construed in the Kennedy case gives the
teacher life tenure when elected without
specifying the term of service. we see pS reS-
son why Board of Education has not the
power to elect a teacher for month or for
Education of Oakland had the power to elect
petitioner for life, but its power was not exer-
cised TO that extent, and her election, by ex-
! pilclt terms, was confined 10 period of one
year. We find nothing in the law denying the
right OF the board to exercise such power"
Thus the teachers win see that the Supreme
Court has expressly decided that the Board of
Education may employ teachers by the month
or by the year, as they see fit and that they
have the general power 10 do so under section
1917 OF the Political Code, the same as School
trustees have under that section
| t1Under the new charter, with unlimited
tenure secured to all teachers now employed
| or hereafter elected, and the same tenure ex-
| tended to all employees OF the City government,
| no Board OF Education would ever be tempted
| to take such action to test the general law.
With regard 70 ne point that the Police and
Fire Department employees are expressly con-
| tinued in office by the new charter, while
teachers are apparently left unprotected it is
| sufficient to say that teachers now in the de-
| partment are fully protected by section 1893
OF the Political Code, under the provisions of
which they were elected.
! The Board of Education appointed under the
/ charter Will be bound by the action of
| their predecessors, previous boards have
been bound from year to year by the action of
| their predecessors.
With regard 10 the renewal of certificates we
wish to add to the points made in Mr.. Gle
ments address that the Superintendent and
MS deputies Will constitute the City Board of
Examiners. and therefore will succeed to all
the powers exercised by the City Board of Ex.
ami liners in the general law and therefore will
| have the power 10 renew all certificates when
| such action is required
| We consider the charter superior to the con-
| solidation act for the following reasons:
F1rst-When the constitution shall be so
amended as to permit the appointme of the
| Board OF Education in lieu Of its election we
| snail have better class of men to manage the
| purely educational affairs of the schools
Second-We shall have liberal salary fund
| guarded by the Auditor and devoted to sal.
aries alone
Third-Our tenure of office will be strength
ened in itself and buttressed by the civil SER
vice rules which prevail in other departments
| of the City government
We congratulate ourselves and our fellow
teachers that the charter makes these vital
Improvements in educational concerns and
that we are not hindered by fear of any dan
ger to our personal interests from allying our
selves with those intelligent and public-spir-
ited fellow-cltizens who are endeayoring by
their voices and votes to secure good and pure
government for our beloved City.
ELISHA BROOKS,
A. L. MANN,
ALBERT LYsER
WALTER n. BUSH,
n. A. WooD,
L. K BURKE
JAMES DENMAN,
r. d. FAULKNER
Committee.
His Horse Was Killed.
10. Jones, rancher, living on the Almshouse