Goldsmith

On and prior to the eleventh day of September, 1922, the appellant was a teacher in the Sacramento high school. On said date the city superintendent of schools of the city of Sacramento presented to and filed with the city board of education of said city, then consisting of the persons named in the title hereof as defendants and respondents herein, written charges against the appellant as follows:

It should be explained that Golway, mentioned in the charges, was a candidate before the voters for election as superintendent of schools of Sacramento County at the time the alleged objectionable remarks were made by appellant.

On the twenty-second day of September, 1922, said day having previously been fixed for that purpose by said board and the appellant duly notified thereof, the charges were called for hearing and the same were publicly heard and testimony taken thereon, both the city superintendent of schools and the appellant being represented at said hearing by counsel. On the conclusion of the taking of testimony and after the issue was argued by counsel for the respective parties, the board ordered and took a recess for ten minutes for the purpose of going into executive…