118 Ky. 110 | Ky. Ct. App. | 1904
Opinion of the court by
Affirming.
The appellant, Willie Bowman, asks a reversal of a jndg
“Office of School Superintendent, Tompkinsville, Ky., July 11, 1903. Mr. Willie Bowman: You are hereby notified that charges of drunkenness and immoral conduct have been preferred against you; and that your certificate be revoked. The charges) are specifically to the effect that you were drunk at Ing. Bartlett’s, and also at Joe Carter’s. You will take notice that at 2 o’clock p. in., Friday. July 17, 1903, the case will be heard in my office, and you will then and there attend and make such plea and proof as may seem to you consistent with truth and equity. S. B. D. Ray, County Sup» erintendent.”
That the defendant, in giving the notice, was actuated by malice and spite, and had publicly declared, that he would prevent plaintiff from teaching the school under his contract. That the pz’etended charges of drunkenness specified in the notice were malicious, and without foundation, and were so known to be by the defendant, and referred to occasions which antedated the issual of the certificate to him more than two years. That prior to the issual of the cer
Section 4417 of the Kentucky Statutes of 1903, which is a provision relating to common schools, provides that for incompetence, neglect of duty, immoral conduct, or other disqualification, the county superintendent may suspend or removfe from office any trustee or teacher of any school under his supervision after five days’ notice of the charges made against him. Section 4418 provides for an appeal from the action or decision of the county superintendent to the Superintendent of Public Instruction, in conformity with such rules and requirements as the Superintendent of Public Instruction shall from time to time prescribe. Section 4425 imposes the duty upon the county superintendent and other examiners to make investigation as to the moral character of applicants. And section 4503 further provides that if at any time the holder of a county certificate shall be found incompetent, inefficient, immoral, or otherwise unworthy to be a teacher, the county superintendent shall revoke the certificate of such person. These various sections of the statutes contemplate that the county superintendent shall
As the petition in this case contains no prayer for relief of any kind, the court had no jurisdiction to decree any.
Judgment affirmed.