Frederick v. Owens

Citations

• 25 Ohio C.C. Dec. 538
• 25 Ohio C.C. (n.s.) 581

Syllabus

<p>CONTEMPT — PREJUDICE—SCHOOLS.</p> <p>1. Management of Schools not to be interfered With by Courts !n Absence of Fraud or Abuse of Discretion.</p> <p>The management ci the public schools of a city is vested by law in the superintendent and board of education, and their decision as to the policy to be pursued in the employment of teachers will not be interfered with by the courts in the absence of fraud or an abuse of discretion.</p> <p>2. Authority of Board of Education to Resolve Against Appointment of Teachers Affiliated With Labor Organization.</p> <p>The superintendent and board of education in city school districts are vested with authority to employ as teachers whomsoever they will, providing they have the necessary .certificate, giving preference, however, to those already employed, and such freedom of contract is guaranteed by the constitution, and if, in the exercise of this authority, the board adopts a resolution providing, among other things, that neither it nor the superintendent will appoint, reappoint or confirm any applicant for the position of teacher in the schools, who is affiliated with a labor organization, such resolution is a valid exercise of the authority vested in the board.</p> <p>3. .Court Cannot Punish as for Contempt Superintendent of Schools Enjoined From Refusing to Reappoint Teacher Affiliated With Labor Organization.</p> <p>An order of court attempting to control the discretion of the superintendent and board of education in the appointment of teachers, and enjoining them from refusing to appoint applicants for the position of teacher because such applicant is affiliated with a labor organization, or intends . to become affiliated with such organization, or has participated, or intends to participate, in forming a union of the teachers of the schools, is beyond the power of the court and is a nullity, and the court is without power to punish a violation of such order in a proceeding for contempt.</p> <p>4. Finding Superintendent V