State v. Risley

• Decision Date: 24 April 1888
• Citation: 69 Mich. 596,37 N.W. 570
• Court: Michigan Supreme Court
• Parties: STATE EX REL. HALE v. RISLEY, MODERATOR.

37 N.W. 570

69 Mich. 596

STATE EX REL. HALE v. RISLEY, MODERATOR.

Supreme Court of Michigan

April 24, 1888

Petition for mandamus.

Prior to the fall of 1886 school-district No. 1, Ross township Kalamazoo county, had employed teachers without certificates paying them from moneys raised by the district; and at a special meeting held in November, 1883, on the statement of the relator, Luther V. Hale, who presided as moderator, of the difficulty of hiring legally qualified teachers, the district board was instructed to employ such a qualified teacher, if to be found, and if not, one not legally qualified. At the annual school meeting in 1886, over which relator presided, it was resolved by more than a two-thirds vote "that if the district board hired a teacher who gave satisfaction, but failed to procure a certificate, he or she should be retained, and paid out of any moneys raised in the district." Thereupon the board advertised for a teacher, and being unable to find one having the required certificate, and being anxious for school to open, employed a lady on trial for two weeks, during which time the patrons of the school were invited to visit the same, and judge of her qualifications. She had taught in the public schools of the state for eight years, and was intending to apply for a certificate at the first examination of teachers.

At the expiration of the two weeks she had given entire satisfaction, and was employed by the board for four and one-half months, and continued to teach for three months giving like satisfaction. Soon after commencing to teach she passed a satisfactory examination in all the required branches, only failing in arithmetic because she did not give the analysis; of which fact the school board was ignorant her general standing being 90 out of a possible 100 per cent., and supposed a certificate would be granted, until two or three weeks after such examination. On being informed of her failure, the teacher was re-examined in arithmetic, the district board accompanying her for that purpose; and the inspector announced himself perfectly satisfied of her competency to teach that branch of study, and that he would meet the other inspector the following Saturday; and, if he was satisfied, a certificate would be issued, and requested the presence of the school board at such meeting. The members of the board attended, and found that a petition had been filed against the granting of such certificate, and were informed by the examiners that, if a counter-petition containing a greater number of names was filed, it would be granted; which was done, but on account of the disturbance thus created in the district the examiners...