# State Ex Rel. Rathe v. Jefferson Parish School Board

> Supreme Court of Louisiana · December 13, 1943 · 206 La. 317

URL: https://www.frixlaw.com/law-library/cases/3481295

## Case

- **Full name:** State Ex Rel. Rathe v. Jefferson Parish School Board.
- **Court:** Supreme Court of Louisiana
- **Decided:** December 13, 1943
- **Citations:** 206 La. 317; 19 So. 2d 153; 1943 La. LEXIS 1130
- **Precedential status:** Published
- **Opinion:** Concurrence by Ponder
- **Judges:** Fournet, Hamiter, Higgins, O'Niell, Odom, Ponder, Rogers
- **Cited by:** 63 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3481295

## How later opinions describe it (automated extraction)

- holding that members of school boards are appointed or elected because of their knowledge and expertise in the administration of school systems

## Opinion text

*355
PONDER, Justice
(concurring on rehearing) .
I do not believe that we have the right, after a hearing has been given in compliance with the law, to substitute our judgment for that of the School Board where there is no arbitrary discrimination, and the Board has not acted in a capricious manner. State ex rel. Bourgeois v. Board of Supervisors of Louisiana State University, Etc., 205 La. 177 , 17 So.2d 25 ; State ex rel. Cotonio v. Louisiana Bar Ass’n, 111 La. 967 , 36 So. 50 ; State ex rel. Thoman v. State Board of Certified Public Accountants, 172 La. 261 , 134 So. 85 ; Walsh v. New Orleans Cotton Exchange, 188 La. 338 , 177 So. 68 . Also see: Frank Bros. v. Nat’l Labor Relations Board, 64 S.Ct. 817 ; International Ass’n of Machinists v. National Labor Relations Board, 311 U.S. 72 , 61 S.Ct. 83 , 85 L.Ed. 50 .
The mere fact that Act 58 of 1936 provides that the right of appeal is not impaired does not, in my opinion, alter the general rule.
I do not believe that it was ever the intention of the Legislature to divest the School Board of discretion in matters of this nature, provided the discretion is not exercised in an arbitrary or capricious manner.
For these reasons, I concur in the decree.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3481295. Public record. Not legal advice.