Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-23
ACTION OF THE
BOARD ILLEGAL
Former Senator's Views of uo-
cal School Situation. <
DISCUSSES COURTS ORDER
Says Peace is Necessary for Successful
Administration.
TEACHERS AND THEIR OFFICERS
Discharge Of Employees "for the Good
of the Service" Declared
Serious Thing.
DISCUSSES COURTS ORDER
TEACHERS AND THEIR OFFICERS

Former United States Senator Henry w.
BAR, who is counsel for Mrs. Cooper late
Supervising Principal Clarke and Mr. Love-
late of the NJ Street High School. all of
whom were dismissed from the service by
the board of education upon motion of Dr.
Chancellor, the superintendent of educa-
ton, was seen at his office in the Colorado
building late yesterday afternoon by a Star
reporter and requested to give his opinion
on the decision of Justice Anderson in di-
recting that writ of mandamus issue in
the case of Francis l.. Cordozo, the deposed
supervising principal of the thirteenth di-
vision of the public schools of the Dis
riot. The fo -mer senator from New Hamp-
shire entered at once upon series OF
strong and pointed comments upon the mat
ter.
You ask me what l advise to be done
as counsel for Mrs. Cooper and Messrs.
Clarke and Love in consequence of the de-
cision of Justice Anderson reinstating Mr..
Cardozo?" Mr.. Blair remarked, Il have not
the decision and dislike to make any
special comment upon the matter. But I
am willing to say that from the first have
considered the action of the board Illegal,
abrupt and quite injurious to my clients.
Yet L have constantly advised them to
await returning sense of justice in the
board, believing that either by action initi-
ated by the board itself or by Congress, or
/. necessary by action of the court their
placeS would be restored to them.
Peace First Thing Necessary.
Peace is the first thing necessary in the
successful administration Of this great
school system, and prolonged litigation,
which might well be very expensive, cspe-
cially to my clients, would only result in
turmoil, general oissatisfac ton and disorder
to the cause Of education in the District of
Columbia. i have verbally tried to COM
municate my sentiments in this regard
through one member of the board to Dr..
Chancellor as well as to the board Itself.
II believe the board to be an illegal body,
exercising no more than de facto powers.
because doubt the constitutionality of the
act Itself which devolves the appointment
Of the board upon the justices of tae SUI
preme Court of the District. Naturally the
judges felt Obliged to obey the law and
have doubt endeavored to act as indi-
viduals rather than as a court. But the
written appointment OF at least one of the
members, the only one 1 have personally in
spected, appears to have been issued In
chambers and signed by the individual
judges, and all were distributed to the
members of the board through the clerk of
the court, as was personally informed by
the chief justice.
mo formal record appears to have been
kept Of these appointments" Senator Blair
continued, but 1t is perfectly clear to my
mind that II the objection be valid that
these administrative officers. then the effort
to do SO and keep within the terms of the
law would be but an evasion Of the general
principles which prohibit the intermingiing
Of judicial and executive power. There is a
great deal Of law on this subject, and per-
haps some both ways, but this board OF
education, having in charge the destiny of
the rising generation, Is body almost
equal in Importance to the judiciary itself,
and the appointments of the members ought
to originate directly from the people or
from the legislative power which has direct
authority over this District, and is the real
urinary school board of the District.
Appointment of Board Members.
"While the judiciary of this District fs
very able and very impartial, 1t is not right
to devolve the appointment of school
board upon it, which seems likely to be con-
stantly requiring the court to discipline
its own child.
1.-THE act of the last session evidently
ca FRIED the school system and those con-
nected with 1T, with the exception of a very
few indicated changes, over to the next
year and thenceforward leaving officers
and teachers in their positions as they
were at the passage of the act. The one
great purpose of the act was not to abol-
ssh the school system, but to give the
teachers something to live on, and it ex-
pressly provided In the sixth section that
every one of them should continue to re-
ceive the same or greater pay thah ther
existing compensation
..,There could be no stronger affirmative
provision for their continuance in office.
The teachers were no more abolished or re-
moved from the school system than the pu-
pills themselves.
"Of what elements are the public schools
Mr.. Blair asked. why, SIM
ply teachers and other necessary ohcers.
pupils and the buildings they occupy, ana
his act no more abollsneo the teacheis
han 1t did the rest.
Opinion Of Clients.
Now to get at the three teachers who
-. mn, o,iants They are without question
hree of the best teachers in the service.
Mrs. Cooper has fitted students for our
irst colleges, who have won greater honors
n competition with both races in their coll
eeiate careers than have the graduates OF
he white schools of the District. find
Ter to be a remarkable woman and believe
Ter loss to the school system of this city to
re a very great calamity. Mr.. Love is her
,rotege having been assisted to his edu-
alton and his present high position as
eacher through her efforts, continued for
many wears am told Mr.. Hughes has de-
Jared him to be one of the best teachers or
history connected with the schooi sys-
EN-.
Mr. Clarke is certainly among the most
fficient and unobjectionable men connect
d with the school system. From no source
ave / heard single suggestion against
i'm, but everything in a very high degree
favorable to him. All Of them were active
n urging the passage OF the very measure
lnder the practical operation of which,
Without charges or trials, they have been
emoved for the alleged good of the service.
This state of things cannot be the result
# the deliberate and willing action of
majority of the members of the board IL
hey are fully informed as to the secret
easons which have led up to it.
Protests Presented.
IT was consulted just as these teachers
lad been dismissed. and Immediately pre-