Sherman

This is an appeal from a judgment denying a petition for a writ of mandamus to require the Trustees of Siskiyou Union High School District to reinstate the petitioner as a permanent teacher therein on the ground that she has acquired such status under the Teachers’ Tenure Act by having successfully served as a teacher for more than three consecutive school years. The district has a daily attendance in excess of 850 pupils. The petitioner was regularly employed as a teacher in the district in 1928 and served as such continuously for three consecutive school years. It was conceded that she was one of the best teachers the district had. The members of the board were unanimously opposed to the policy of the Teachers’ Tenure Act and therefore knowingly reemployed no teachers for more than three consecutive school years so as to permit them to attain tenure.

Mr. A. G. Grant was superintendent of the school district and secretary of the board. He investigated the qualifications of all candidates for application to teach in the school and his recommendations for appointments were usually accepted. At the close of petitioner’s employment for the third consecutive school year Mr. Grant…