Godward

This is an. original application for a writ of mandate to compel the respondents to reinstate the petitioner as principal and teacher of the Mariposa County Union High School. October 12, 1926, the respondent board adopted a motion to employ the petitioner “for a period of three years, beginning September 13th, 1926, and ending June 30, 1929.” He thereafter acted as principal of the school and teacher of algebra, geometry, and physics until the close of the term ending in May, 1928. During the same period five other teachers were continuously employed in the school. June 9, 1928, the board notified the petitioner that his services were no longer required.

The only question to be considered is whether the Board of Trustees had authority to employ the petitioner for a longer term than one year. Prior to 1911 the power to employ a principal was included in the general authorization to employ teachers. Section 1617 of the Political Code, as amended in 1881, provided:

“The powers and duties of trustees of school districts, and of boards of education in cities, are as follows: . . . Seventh—To employ the teachers, janitors, and employees of schools; . . . provided, that no board of…