Blalock

The plaintiff filed a petition in the superior court seeking the writ of mandamus to compel the Board of Trustees of the Olive School District of Tulare County, to draw a warrant for certain salary alleged to be due plaintiff as a teacher in said school, and directing them to reinstate her as such teacher. Judgment was entered denying the peremptory writ and this appeal is from that judgment.

The record discloses that appellant was a probationary teacher and acting as the sole teacher of the school during the school year of 1926-1927, ending about May 25, 1927, at a salary of $150 per month for the nine months of the school year. An attempt was made to terminate this employment and not to renew it for the succeeding year. As we view the proceeding, the sole question is whether the attempt -was effective, or whether by the provisions of the law appellant was re-employed for the school year of 1927-1928.

Section 1609 of the Political Code in its essential provisions provides that boards of education “Shall have power and it shall be their duty: . . . Second—to employ the teachers as provided in part fifth of this section; . . . provided, that no board shall enter into any contract…

I dissent. It is unthinkable that the legislature should intend to enact any provision which would make the financial interests of a teacher paramount to the best interests, welfare, and proper education of the school children. The whole system of legislation regulating the educational machinery was based upon consideration of the welfare and best interests of the children as the original and fundamental purpose, The proper regulation of the tenure of office and other rights of the teachers was also properly considered and regulated—but the original purpose and fundamental idea was the consideration of the best interests and welfare of the scholars. In every act of the legislature relating to education, where the intention is not clearly expressed, it must be assumed that the fundamental purpose and primary object of the legislature was to consider first this welfare and best interests of the children. Every act of the legislature attempting to regulate the machinery of the system of education must be construed with this elementary and fundamental purpose and intention in mind. No person incompetent, or an improper teacher, for any reason, should be permitted to teach the…