Freeman v. Medler

• Decision Date: 22 September 1942
• Docket Number: No. 4679.,4679.
• Citation: 129 P.2d 342,46 N.M. 383
• Parties: FREEMANv.MEDLER, President of Sierra County Board of Education, et al.
• Court: New Mexico Supreme Court

46 N.M. 383

129 P.2d 342

FREEMAN

v.MEDLER, President of Sierra County Board of Education, et al.

No. 4679.

Supreme Court of New Mexico.

Sept. 22, 1942.

Appeal from District Court, Sierra County; A. W. Marshall, Judge.

Mandamus by the People of the State of New Mexico on the relation of Joe C. Freeman against E. L. Medler, and others to compel respondents as members of the Sierra County Board of Education and the Sierra County Board of Education to reinstate relator as teacher and principal of a public school at Arras, New Mexico, for the school term of 1941-1942. From a judgment quashing the alternative writ theretofore issued and dismissing the case, relator appeals.

Reversed and remanded.

Where teacher had been employed before statute requiring school boards to serve written notice on each teacher employed by them stating whether teacher's services would be continued for the ensuing school year, and providing that failure to give such notice should be construed as a renewal of the employment and the statute was in force on the last day of the term, and teacher received no notice, teacher was employed for the ensuing year by operation of law, and the board was not authorized to dismiss teacher without a hearing because no written contract had been executed. Laws 1941, c. 202, §§ 1, 3, amending Laws 1925, c. 73, § 20.

Owen J. Mowrey, of Albuquerque, for appellant.

Whatley & Garland, of Las Cruces, for appellees.

BRICE, Chief Justice.

An application was made by appellant to the district court for a writ of mandate to require the appellee board to reinstate him as teacher and principal of the public school at Arras, New Mexico. The case was tried upon the pleadings, with the result that the trial court entered judgment quashing the alternative writ theretofore issued, and followed by a dismissal of the case.

The question presented here is whether the appellee should have been compelled to reinstate the appellant as teacher and principal of said school for the school term of 1941-1942.

[1] Obviously the question is moot, as the school term has expired. Under those circumstances this court ordinarily would refuse to consider the appeal, notwithstanding the question of costs, by such disposition, would be resolved against appellant, without a determination of the merits of the appeal. Tabor v. Hipp, 136 Ga. 123, 70 S.E. 886, Ann.Cas.1912C, 246. But the question is one of public interest and might bear upon subsequent litigation between the parties, for which reason we have concluded that the case should be determined upon its merits.

The appellant was employed as a teacher and principal of the Arras public school in August 1940 at a salary of $100 a month. In 1941 the state legislature enacted Ch. 202 of the Laws of that year the title to which is “An Act relating to the employment and discharge of and contracts with teachers in the public schools of New Mexico and amending Section 20 of Chapter 73, Laws of 1925, and declaring an emergency”. The portions of the act material to this case are:

Sec. 1. “On or before the closing day of school in each school district in the State, whether rural, municipal or otherwise, the governing board shall serve written notice upon each teacher or other employe certified as qualified to teach in the schools of the State and by it then employed, stating whether it desires to continue or discontinue the services of such teacher or employe for the ensuing school year ***.

“Failure to serve such notice shall be construed as a renewal of such employment for the ensuing year, unless, within fifteen (15) days after the closing date of school within the district, such employe shall serve written notice upon such governing authority that he or she does not desire such contract to be renewed. A contract covering said employment shall be executed, as soon as practicable and not later than ten (10) days before the opening of the next school term, except that the salary and period of such employment may be modified at the time of the execution of said contract in conformity with the needs of the school and the estimated funds and budget available for the school term; provided that, in the event either is reduced, the employe shall have the right to decline such contract and to withdraw from such employment, no teacher shall be employed by the governing authority of any school district who under the laws in force, does not hold a teacher's certificate necessary for...