Tuck

Tuck v. Industrial Home

Good Law
106 Cal. 216·1895 Cal. LEXIS 596·39 P. 607
Supreme Court of CaliforniaMarch 8, 1895No. 15767California751 words

Opinion

lead Opinion

Garoutte, J.

This is an application for a writ of mandate to compel the board of directors of the Home for Adult Blind to reinstate as an inmate thereof the petitioner, Herbert C. Tuck. It appears by his petition that he was once an inmate of the home, regularly admitted, and there remained some months; that during his sojourn at the home he led a sober and industrious life, and obeyed all the by-laws enacted by the board of directors; that to petitioner’s knowledge no charge of *218 misconduct of any kind whatever was made against him, either in writing or orally, and that he was never informed of any charge against him prior to the introduction and adoption of the following resolution, which resolution deprived him of the benefit of the home: “ Resolved, That Herbert Tuck be, and he is hereby, removed and expelled from this institution for insubordination and conduct prejudicial to the discipline, good order, and interest of the home.” That he has asked to be reinstated, but the board of directors has denied his request.

There appears to be no provision in the statute providing for the dismissal or expulsion of intractable inmates. Neither do we find any by-law of the board of directors…

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