The San Francisco call., 1898-01-15
c. o. Mitchell Was Ille- gally Removed From
 His Position.
Judge Hunt Ru les That He Is Vice-Principal of the Girls
 High School.
Writ Of Mandate Issued to Compel tn c Board of Education to Re-
 instate Him.

It was decided by Judge Hunt yes terday that George O. Mitchell was H. legally transferred from the Girls High School as its vice-principal to the PoIytechnic School, and he ordered that writ of mandate issue compeIl- ing the Board of Education to restore him to his old position. This action on the part of the court will to a cer- tain extent upset the little political manipulation of the board, at least as far as the appointment of Madison Babcock to fill the position made va cant by the transfer of Mitchell is con- cerned. In fact, it is hinted that it may act as though a star was yanked out or the solar system and result in a startling Reorganization of the plans and fondest hopes of Director Ragan, according to the theory of Director Head, as published in Fridays Call.
 Mitchell took his position as vice. principal of the Girls High School on the 1st of January, 1895. In July of last year a resolution was passed by the board transferring him from his po- sttion in the Girls High School to one or less honor and monthly remunera- ton in the Polytechnic School. He im- mediately demurred at the action of the board and some time ago applied to the courts for a writ of mandate to compel the board to readmit him to the e-principalship of the Girls High School and to allow him to again assume the labors incumbent upon that position. In his application for the writ he contended that he held a high school certificate as required and as he had been duly appointed to the po- sition he should be allowed to hold 1t as originally intended. The board con- tested his application and set up in de- ! fense that it had right to transfer as 1t saw fit.
 The stand taken by the board is err roneous, it is held by Judge Hunt. In his interpretation of the law Judge Hunt decided that after one is appoint ed to position in the School Depart ment he cannot be transferred if the transfer results in a decrease of salary and rank. The board has not the power to remove a teacher, 1t was held, after he had been legally appointed ex- cept for cause. Cause Is not cOnsid- cred to mean political preference in the contemplation of the law, it was held, but for a material cause such as in- ability or offense, which in justice should result in dismissal. In conse- quence. It was held that the conten- ton of Mitchell that he had been ille- gally removed was just one and the writ of mandate was ordered issued. The fight is not yet over, however, as the board will appeal to the Supreme Court in order that its power in the line of the case at issue may be for ever determined. The attorney who handled the case for Mitchell, Thomas S. Malloy, anticipates further effort on the part of the board to transfer Nit chell even though the Supreme Court sustain the decision of Judge Hunt. It is hardly probable. however. that Babcock will assume the duties of vice principal of the Girls High School un- til the higher court has passed on the matter, which may be several months to come.