The Garden Island. [volume] (Lihue, Kauai, H.T.) 1902-current, 1917-03-06
In THE CIRCuIT COURT OF THE
FIFTH CIRCUIT, TERRITORY
OF HAWAII,
At Chambers

At Chambers
In the matter of the application
of Henry G. Brown for a writ of
mandamus directed to Henry W.
Kinney, superintendent of Public
instruction of the Territory of Ha-
waii, ct al.
DECISION
Petitioner, a public school teach
er, seeks a writ of mandamus COM
manding the members of the De-
partment of Public instruction to
reinstate him as principal OF Wal
mea school Cor such other school as
they may dircct) and pay him his
regular salary, and alleges that he
is duly qualified teacher with a
grammar school certificate, has been
five years principal of Waimea
school; that there is u valid contract
between the Department and petl-
TONER for his services; that he has
been , satisfactory teacher; has
never been formally discharged; has
never given cause for dismissal; has
never been given notice of any
charges against him or of any hear
ing on any charges but that at the
end of the last school year the De
partment appointed another teach
er to the position of principal OF
Waimea school and has not appoint
ed petitioner anywhere.
Respondents demur on grounds
that petitioner does not state facts
sufficient to cntitle him to relief by
mandamus; that he has other ade-
uuate remedies; that what he seeks
is not duty imposed upon rcspon-
dents by law and is matter Of dis
cretion not enforcible by manda-
mus and that the alternative writ is
uncertain in not stating the terms
of the alleged contract
The fundamental question to be
decided ON this demurrer is the
status of petitioner as a public
school teacher. The respondents
claim that he is an employee whose
rights rest ON contract or the mere
will of the Department of Public
instruction If the Department has
full powers it follows that any teach
er without a contract may be put
out without moments notice, and
if the Department has made con-
tract it may put into such contract
what terms it pleases, and the teach
er's rights expire with the eXpira-
ton of the contract, and during it
it may be enforced only by the legal
means by which breaches of con-
tract may be enforced, which do
not include mandamus. On this
view, the demurrer would be sus-
tanned ON all grounds. 1t is Il view
held in many States but not all. In
some a teacher is held to have Il
firmer tenure.
Section 2G2 Revised Laws 1918,
provides that the Department may,
from time to time, appoint and re-
move such officers, agents and ser
wants, as may be necessary 70 T
carrying out the purposes of this
Chapter. Section 265 provides that
the Inspector General may, in the
discretion of the Department, have
the power of appointment and dis
miSsal of school teachers. These
statutes, the only ones on the subject
until 1918, give the Department
full control, but Section 25S, Re
viscd Laws Of 1913, provides that
the Department may adopt rules
and regulations not contrary to
existing law for the carrying out
of the general scheme Of education
and for the transaction of its bust
ness, which, when approved by the
Governor, an It published, shall
have the effect of law. As these
rules and regulations are not made
by the Department alone, they can
not be repealed by the Department