Board of County School Commissioners v. Henkel

PattisoN, J., delivered the opinion of the Court. The appellees, citizens and taxpayers of Anne Arundel county, Md., filed, their petition in the Circuit Court for that county asking that a writ of mandamus be issued, directed to the Board of County School Commissioners of Anne Arundel County, commanding them to appoint, pursuant to Chapter 275 of the Acts of the General Assembly of Maryland, passed at its January Session, 1896, and in accordance with the provisions thereof, six district trastees for the white public school in the City of Annapolis mentioned in the petition. The petition alleged that each of the six trustees of said school had resigned, and that a vacancy existed in each of said offices. The petition further alleges that the Board of County School Commissioners, ignoring the provisions of Chapter 275 of the-Acts of 1896, appointed as trustees for said school three men, “under the pretense that said Act of Assembly is no longer in force and that the same has been repealed.” ⁹⁹ The School Commissioners in their answer to the petition denied the existence of the vacancies in the board, as alleged in the petition, and alleged “that said board is composed of three persons, residents of the school district, as provided in section 7 of Article 77 of the Oode of Public General Laws, title “Public Education.” The answer further alleges “that sections 16, 17 and 18 of Chapter 275 of the Acts of 1896 are inoperative and no longer in force, in that the provisions thereof are repealed by Chapter 584 of the Acts of the Genera] Assembly of Maryland, passed in 1904, which “as the answer alleges “was a general scheme of legislation for the whole State, governing and controlling all public school officers and providing for the conduct and management of all the public schools of the State.” The answer further alleges that by section 11 of Chapter 584 of the Acts of 1904 the power is conferred' upon the State Board of Education to hear and determine all controversies “between those entrusted with the administration of our system of education and those involving the proper administration of the public school system,” and that in so acting its power is summary and exclusive and its decision final.

And it further alleges that the controversy in this case was referred to the State Board of Education for its decision and that it decided adversely to the contention of the petitioners “and advised that the respondents should take charge of the Annapolis school and proceed to conduct it as other schools of the same class are required to be conducted, under the provisions of the general law applicable to the entire State.” This decision of the State Board of Education, the answer alleges, was final, and thus the Circuit Court for Anne Arundel County was without jurisdiction to hear and determine the issues presented by the petition and answer. In the record we find an agreement between the counsel for the plaintiff and the counsel for the defendant whereby “It is agreed in this case that the office of Board of District School Trustees for the white public school in the City of Annapolis is vacant, and that if the provisions of Chapter ¹⁰⁰ 275 of the Acts of 1896 are operative and in force, the said Board of District School Trustees is composed of six members, but if said Act of 1896 has been repealed by Chapter 584 of the Acts of 1904 and subsequent legislation, said Board of District School Trustees is composed of three members, and the question of which act is in force is one of the questions submitted to the Court for its decision in the above case.” There are but two question presented by this appeal: 1st. Did the Circuit Court for Anne Arundel County have jurisdiction to'hear and determine the issues presented by the petition and answer? 2nd. Were sections 16, 17 and 18 of Chapter 275 of the Acts of 1896 repealed by Chapter 584 of the Acts of 1904, as claimed by the appellant ?

We will consider these questions in the order in which they are presented. Section 11 of Chapter 584 of the Acts of 1904, codified as section 11 of Article 77 of the Code of Public General Laws of 1904, provides that “The State Board of Education shall, to the best of their ability, cause the provisions of this article to be canned into effect;” and “they shall explain the true intent and meaning of the law and they shall decide, without expense to the parties concerned, all controversies and disputes that arise under it, and their decision shall be final.” It is under this provision of the law that the appellant contends that the power and jurisdiction is vested exclusively in the State Board of Education to hear and determine the issues presented by the petition and answer in this case, and that the Circuit Court for Anne Arundel County was without jurisdiction to hear and' determine the same. It is contended by the appellees that the vacancies should be filled by the appointment of six persons as trustees, three men and three women, to be made under and by virtue of Chapter 275 of the Acts of 1896, with the full powers therein conferred upon them; While it is contended by the appeL ¹⁰¹ lant that sections 1G, IT and 18 of Chapter 275 of the Acts of 1896 have been repealed by Chapter 584 of the Acts of 1904 and are no longer operative, and that the vacancies should be filled by the appointment of but three persons as trustees, to be made under the last named statute, with only the limited powers therein conferred upon them. The appellant, in support of its contention that this question can not he heard and determined by the Circuit Court for Anne Arundel County, relies upon the ease of Wylie et al., Trustees, v. The Board of School Commissioners of Allegany County, 51 Md. 401 ; Shober v. Cochrane, 53 Md. 545 and Underwood v. School Board, 103 Md. 181 .

In the first of these cases (Wylie et al., Trustees, v. Board of School Commissioners of Allegany County) a bill was filed praying for an injunction to restrain the Board of County School Commissioners of Allengany County from converting a public school house, which was at the time of the filing of the bill used for primary district school purposes, under the supervision of the complainants as trustees, to the use and purposes of a high school. The issue there presented was held to fall within the scope of the power conferred by section 11 of Article 77, on the State Board to decide all disputes arising under that article, and as the power was comprehensive enough to- deal with the issue in the ease it was held that the Court of equity should not interfere with its exercise. In the second case (Shober v. Cochrane) Shober applied for a writ of mandamus to compel Cochrane not to interfere with or prevent him from discharging his duties as examiner and secretary and treasurer of the Board of School Commissioners of Allegany County and from receiving the emoluments thereof, and to yield up said office to the petitioner. In that case the Board of School Commissioners, appointed by the Circuit Court for Allengany County, at the time of its organization, January 1st, 1879, elected J. W. S. Coch-rane examiner and secretary and treasurer of the board.

He entered upon the duties of the office and continued to serve ¹⁰² until the 6th clay of January, 1880, regularly performing the duties of his office. In January, 1880, after the expiration of - the term for which said' Board of School Commissioners had been appointed, and while holding over under their original appointment, the Circuit Court, in which the-power of appointment was at that time lodged, having failed to appoint their successors, they elected Shober as examiner and secretary and treasurer. This appointment resulted in a controversy and the whole controversy was submitted to the State Board of Education, before whom all parties concerned, including the school commissioners, apjoeared and were heard, and the State Board adjudged and determined in favor of Cochrane. It was then that Shober applied for the writ of mandamus,'"which was refused him, and upon appeal, this Court filed a per curiam order affirming the order of the Circuit Court, upon the ground that “the power to decide the matter in dispute was vested in the State Board of Education and its decision thereon was final and conclusive.” In the case of Duer v. Dashiell, 91 Md. 67l , in which a mandamus was asked for requiring the appellant therein, who had been the secretary, treasurer and examiner of the former board' of school commissioners, to deliver the books and papers of the office to the appellee who was elected to the same office by the new board, this Court, in speaking of the two cases just cited, said: “Both Wylie’s and Shober's cases were disputes between functionaries of the department of public education over which it was the purpose of section 11 of Article 77 of the Code to give the State Board of Education jurisdiction.

Neither of these cases involved, as the one before us does, the important legal question of the effect of an Act of the Legislature, repealing the law under which a Board of School Commissioners were appointed, upon the tenure of office of a subordinate official, appointed by the board while they were still in office. We d'o not think it was the purpose of the Legislature in enacting section 11 to withdraw the determination of purely legal questions like ¹⁰³ tbis from tbe Courts and commit them to the Board of Education for decision. The real issue in this case is not one involving the proper administration of the public school system, but it is a question of legal effect of the passage by the Legislature of the Act of 1900, Chapter 29, upon the status of a subordinate oficial appointed by a school board which that act legislated out of office. The Circuit Court therefore had jurisdiction to entertain and pass upon the application for the mandamus and its order directing the writ to be issued will be affirmed.” In the case of Underwood v. School Board a bill in equity was filed against the Board of County School Commissioners of Prince George’s County, the secretary and treasurer of the board, and Mrs. Nally, to enjoin the school board and the secretary and treasurer from paying Mrs. Nally the salary as teacher of a public school in that county for the time therein stated and to enjoin Mrs. Nally from receiving the same.

The facts of that case were: Miss Queen, afterwards Mrs. Nally, was a regularly appointed teacher in a public school of said county, and while so acting on the 23rd day of.December, 1903, sent a letter to each of the three trustees telling them she was to be married on'the 26th of that month and on that day she did marry Henry Nally. In her letter she stated: “I will continue to teach until the end of the scholastic year, June 15th, 1904,” but prior to the last named day, on June 9th, 1904, she again wrote to the trustees saying, “If satisfactory to you, I will teach at this school another scholastic year. I trust my act meets your approval.” On August 13th following the trustees notified her in writing that her resignation was accepted and on the same day appointed another person as principal of the school. Upon appeal to the county board it decided that she had not resigned her school and consequently the appointment of the new teacher could not be confirmed.

Whereupon the trustees on September 9th notified Mrs. Nally that her services as teacher of the school would not be required after the 10th of October following. Upon the receipt of this notice she requested ¹⁰⁴ them to .furnish her with the reasons of her removal, and in assigning their reason therefor the trustees stated that it “was for the best interest of the school.” She again appealed to the county board, but upon this appeal the trustees were sustained and an order was passed confirming the new appointment. From the decision of the county board' an appeal was taken by Mrs. Nally to the State Board of Education, to which board the county board forwarded copies of the letters sent to Mrs. Nally by the trustees. The State Board held, upon appeal, that the reason assigned by the trastees, that it was for the best interest of the school, did not constitute a reason as provided for by the statute, and also that the 'alleged notice was not in conformity with the law.

On receipt of the resolution so passed by the State Board, the county board recognized Mrs. Nally as the teacher of the school, and again she entered upon her duties as teacher. It was then that the injunction above mentioned was asked for. It was there held, Judge Boyd speaking for the Court: “That there can be no doubt that the State Board had power to advise the county board and it was the duty of the latter to follow the advice of the State Board on the subject; * * * and it is right that such controversies should be settled by some tribunal connected with the public school system. When one applies for the position of teacher he makes himself subject to the laws governing them; * * * It must have been very injurious to this school to have had such' a controversy and great confusion was caused by the conflicting action of the trustees and the county board.

It is well, therefore, that there is a tribunal