Sinnott

Appeal by defendant from a judgment awarding a peremptory writ of mandate requiring him, as treasurer of the city of San Jose, to pay a warrant drawn on him by the board of education of the school district constituted by, and in turn comprising, said city in favor of plaintiff for services rendered by her as teacher in a certain kindergarten school of the district. From the agreed statement of facts on which the ease was submitted in the court below the following matters, among others, appear: Said board of education is chosen under the provisions of the charter of the city of San Jose (Stats. 1873-74, p. 395) as required by section 1616 of the Political Code. The power to employ teachers in the district is vested in such board exclusively. Since November 25, 1893, plaintiff has been the holder of a special certificate issued to her by the county board of education of Santa Clara county, by the terms of which plaintiff is “ entitled to teach any *189 kindergarten class of the public schools” in said county; she has no other teacher’s certificate. On December 8, 1893, said city board of education adopted the following order: “Resolved, That the kindergarten system be, and the same…