Cardoza v. Baird
Cardoza v. Baird
Opinion of the Court
delivered the opinion of the Court:
The interesting constitutional question which was presented with much force and ability by appellant’s counsel should not be considered by us on this appeal. It is conceded by counsel that after the court below dismissed the bill the appellees proceeded with the trial of the appellant on the charges and specifications described, adjudged him guilty, and removed him from his office as supervising principal. The trial sought to be enjoined ended on March 9, 1901, and this appeal came to this court ten days later. When an injunction has been dissolved it cannot be revived except by a new exercise of judicial power; and no appeal by dissatisfied parties can of itself revive it. A fortiori the mere prosecution of an appeal cannot operate as an injunction where none has been granted. Knox County v. Harshman, 132 U. S. 14, 16, 33 L. ed. 249, 250, 10 Sup. Ct. Rep. 8. The things sought to be prohibited have been done, and cannot be undone by any order of this court or the court below. There is nothing but a moot case remaining. Eeversing the decree in this case would be doing a vain thing. A judicial tribunal is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions, or to declare principles of law which cannot affect the matter in issue before it. See United States ex rel. Gannon v. Georgetown College, 28 App. D. C. 91; Mills v. Green, 159 U. S. 651, 653, 40 L. ed. 293, 294, 16 Sup. Ct. Rep. 132.
The decisive action which made this appeal of no effect was taken by the appellees, the present board of education, which succeeded a prior board; and under the act of June 20, 1906, the appellees are at least de facto the board of education. It is made up of members who have discharged the duties of this office since July 3, 1906, when they were appointed by the jus
This appeal should be dismissed, with costs, and it is so ordered.
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- Appeals; Injunctions; Moot Questions; Officers. 1. The mere prosecution of an appeal cannot operate as an injunction where none has been granted. 2. A judicial tribunal is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions, or to declare principles of law which cannot affect the matter in issue before it. (Following United States ex rel. Cannon v. Georgetown College, 28 App. D. C. 91.) 3. Where, pending an appeal from a decree dismissing a bill in equity by a school teacher against the members of the board of education, to enjoin them from claiming to be members of the board, and from undertaking to try the complainant on charges preferred against him, the defendants proceeded to try the complainant, found him guilty and removed him from office, this court will dismiss the appeal as involving merely a moot question. (Following United States ex rel. Gannon v. Georgetown College, supra.) 4. The official acts of persons whose office exists under the law, and who are clothed with the insignia of the office, and exercise its powers and functions, are recognized as valid on grounds of public policy, and for the protection of those having official business to transact. (Following Crutchfield v. Hewett, 2 App. D. 0. 385.)