Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-07
PETITION OF: CARDOzO
Hearing of Mandamus Case by
Justice Anderson.
SCHOOL OFFICIALS PRESENT
Attorney Henry E. Davis Among
Those Who Testified.
DISCUSSION OF LEGAL POINT
Rule Offered in Evidence-As to Sub
stitution of Charges-Version
Of Interviews.


Cobb and F. L. Cardozo testified in Cir
| cult Court No. this morning in con-
| nection with the hearing before Justice
| Anderson on the petition of F. l.. Cardozo
| for writ of mandamus to compel the
board of education to reinstate him as
| supervising principal of the thirteenth d.
vision of the local public schools. Each
related what happened at the meeting of
the board October II last, when Mr.. Car
dozo was dismissed.
Mr.. Davis is attorney for Mr.. Cardozo
and Mr.. Cobb was the friend who was pres
ent at the meeting.
The hearing began at 10 o'clock and the
court room was crowded all morning with
witnesses and interested spectators. As
sistant United States Attorney Stuart Nc
Namara, special counsel for the board of
education, appeared on behalf of that body.
The point involved is conceded by the at
torneys for both sides to be a legal one,
and to hinge on the question of whether
or not under the law the board OF cduca-
ton had a right to dismiss Cardozo in the
manner followed.
The school officials who were present
We're Admiral Baird president of the board
of education; Mrs. Ellen Spencer Mussey,
Mr.. W. V. Cox, Prof. Barton, w. Evermann,
Mr.. James F. Oyster and Mrs. Mary
Church Terrell. members Of the board;
Secretary Conner of the board and Mr.. A.
T. Stuart, director of intermediate instruc-
tiun in the public schools.
Preliminary Step.
AS preliminary step Mr.. Davis offered
in evidence rule % of the board, which, he
said was in effect when F. L. Cardozo
was appointed to position in the schools,
from which he was dismissed; October II
loS
of officers, teachers and employees here
after made shall in the first instance be for
one year. at, the expiration of which time.
if satisfactory, they may be appointed to
continue during good behavior and eff
cheney, unless otllerwise ordered by the
board Of education: any such officer, tea CHI
er or employee may at any time be as
signed or transferred by the board of edu-
cation to any schools, group grade, or
may be removed at any time by the board
for incompetency or such other cause as
may in the judgment Of the board be deem
ed sufficient
A copy of a letter to Mr. cardozo an
nouneing that he had been appointed and
continued September +, 1906, in the posi-
ton Of supervising principal was offered.
Mr.. Mcnamara responded on behalf of the
board of education to the statements made
by Mr.. CardoZo in traversing the first
Spouse of the board of education. He cited
portions of the school rules and records in
an effort to indicate that CardoZo was an
officer and not teacher. After denying
various phases of Mr.. Davis traverse, the
attorney for the board took up the ques-
ton of the boards action in dismissing
F. L. Cardozo. He held that CardoZo was
given a trial. and had counsel and a friend
present.
Nature of the Trial.
"Of course" Mr.. Mcnamara said, ut was
not such a trial as your honor has here
every day. but 1 will show that 1t was a
trial within the meaning of the law, and
the only kind that could have been held
Mr. Davis addressed the court in reply
to Mr.. Mcnamara for the purpose of out
lining what his side expected to show in
it's traverse. He declared Cardozo was ac-
cused by the superintendent of writing an
anonymous 'etter critfcising the colored as
sistant superintendent Of schools but that
he, Mr.. Davis had never been able to
find and had never seen any such letter.
He gave his version of the meeting of the
board Of October II, concerning the dis
missal Of Cardozo. Mr.. Davis said he had
demanded that hearing be had. and had
stated that at that time he did not wish
to enter into the merits of the case. He
told of the alleged withdrawal of the anony-
nous letter from before the board and said
Superintendent Chancellor put the charge
in his pocket and held 1t to be his personal
property. Mr.. Davis held that the charge
was a part of the record of the board.
Substitution of Charges.
The alleged substitution Of charges,
merely of disloyalty to superiors, was
lated by Mr.. Davis, who then said that the
board persisted in it's attitude and pro-
ceded to dismiss Cardozo. after denying
further hearing to Mr.. Davis or Cardozo,
or his friend. James A. Cobb, who was
present.
When the new charges were substituted,
Mr.. Davis declared, neither Mr.. Cardozo
Mr.. Davis nor Mr.. Cobb were present.
Nor were they present when the final action
was TAKEN" Mr.. Davis added.
II hold" he continued, that this man
was being Investigated. which investiga-
ton crystalized into a recommendation of
the superintendent upon which the board
of education acted, without a shred of tes-
timony. That is what l base by position
on, and that is why I hold that the dis
mssal of Cardozo was contrary to the act
which guarantees trial, with counsel and
one friend present, to school employees
Cardozo's Version Of Interviews.
Upon request of the court Mr.. Davis read
Cardozo's version of the interviews between
himself. the superintendent of schools and
members of the board of education in the
superintendent Office before his dismissal
The statement alleges that Superintendent
Chancellor showed him an anonymous let
ter, written with a pencil, addressed to
local newspaper. and said 1T is up to you
to prove that you did not write this let
ter meaning Mr.. Cardozo. The statement
also alleges that the superintendent grew
angry when mention of counsel was made.
and said he did not propose to have the
schools run by doctors and lawyers" The
superintendent then announced his inten-
ton, it is alleged. of recommending Mr..
Cardozos dismissal to the board that after
noon.
I'm put it up to the board.'' the superin-
tendent Is alleged to have declared in anger
Mr.. George e. Ballinger. who took stem
ographic notes of the meeting October IL
was called to the stand. He said his notes
were only partly transcribed and he could
not read his notes fuentIy. He was ex-
cused.
Testimony Of Mr.. Cobb.
James A. Cobb, member Of the local bar,