Goldsmith

On September 11, 1922, certain charges of unprofessional conduct against appellant were made to the board of education of Sacramento City High School District by Charles C. Hughes, superintendent of schools of said city. The matter came on regularly for hearing on September 22d following, and after trial before said board, appellant was found guilty 'as charged, and by order of the board he was suspended from his position as teacher in said high school for a term of ten weeks without pay, beginning on said September 22d and ending on November 30th. The term of suspension having expired, Mr. Goldsmith resumed his position as teacher and continued therein until January 22, 1923, when he voluntarily severed his connection with the department. While said order of suspension was in force appellant, on October 5, 1922, brought an action of mandate in the superior court of Sacramento County, the prayer in his complaint being as follows: “Wherefore, plaintiff prays for writ of mandate commanding and requiring defendant to admit plaintiff to the use and enjoyment of the right to perform said services and duties, and to reinstate plaintiff in the use and enjoyment of said right and to allow…