Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-25


Congress to make recommendations in all
such matters-recommendat I repeat,
not charges
Passed Over Subject.
"This subject the judge seems to have
passed over without considering it; and
ruled practically that school position Is
a life annuity. terminable only by the same
kind of act that leads to Incarceration in
a public prison. If 1t really is that, this
board has greater powers over the treasury
of the United States than formerly ap-
peared. The board of examiners and the
board of education must be exceedingly
careful in the future in making appoint
ments 1t seems to me that the whole no.
ton prevalent here, that not business prin-
ciples but the criminal law SHOULD control
dismissals, is entirely unwarranted
"A second question seemingly ignored in
the decision relates to the interests of the
public in proper school conditions. In his
anxiety to make it clear that this supervis-
ing principal was not a duly and legally
convicted offender against definite law, he
shut out from his mind the entire ques-
ton of the public welfare. not merely in
relation. to the person involved, but to the
whole school situation. Prior to the dis
missal of this person l had received over
one hundred anonymous letters regarding
the colored public schools. 1t is a signif-
cant fact that to this date l have received
just one regarding the white schools.
The Anonymous Letters.
"These anonymous letters revealed an
astonishingly faulty condition in tLe col
ored schools. Faulty is the mldest word
that still suggests the real situation. OF
1 had believed one-tenth of the wickedness
alleged 1 should be advocating now the clos
ing of all those schools.) But what l did
discover as the truth were far-spread con-
Spiracies of calumny, faction at war with
fac hal a
least extensive and bitter. All these let
ter-writing conspiracieS and most of these
hatreds Immediately disappeared below the
surface as soon as this supervising prin-
cipal, who controlled nearly one-fourth of
the system, was dismissed.
1 am far from alleging or believing that
he was the sole cause of this unSeemly
warfare, or the writer of many of these
anonymous letters; but it is a certainty in
my mind that he was the prime mover In
the prevalent anarchy and the writer of at
least one of these letters.
Now the relation Of this decision to the
disturbance of the colored school system Is
obvious; it requires us to reinstate the
man. If we try him again, we must open
up all this bitterness. 1t is unpleasant for
me to accept the proposition that 1t is
nicalities at the cost of the welfare of tens
Of thousands of parents, teachers and
pupils.
Not Considered by Court.
"In the third instance. the court seems
not to have considered the fact fully that
the law does not specifically order trial.
1t simply says that when a trial is herd,
the teacher shall have counsel. He finds
that proper trial was held. 1t may,
perhaps, be that F. L. Cardozo can be
dismissed for the good of the service
without a trial. Perhaps the comment
by the judge upon this point may have
m him jfar lot hit RI
others it appears distinctly pertinent.
There are at least some states and some
departments of the national government
that make such dsmlssals freely. AS
this reason for the good of the service, was
one of the two alleged for dismissing this
officer. to omit considering it fully seems
difficult to understand.
'As far as the law goes, it demands an
investigation of a teacher by process Of
trial before the board just much in the
case of a promotion or transfer as In the
case of dismissal of a teacher. The law
has established a board of examiners as a
tribunal In respect to appointments, but
not In respect to promotions, transfers, and
dismissals.
A Difficult Position.
Addressing myself to the second ques-
ton, permit me to disclose several con-
siderations regarding the expediency of
giving another trial or a different kind
of a trial. You have the most difficult
position to maintain of all the boards of
education in America. You are operating
two separate school systems. You are ex-
trenlely prominent in that, while all other
governing boards here may hold quiet
meetings for conference, all your meetings
must be public. You have less legal power
than boards of education elsewhere. And
you have inherited conditions whose real
truth would challenge the credulity of intel
Hgent strangers. In the matters of ap-
officers
and janitors, you :eem to have substantial
rights; but in respect to reducing and dis
missing them, the law gives you none
definitely. You can appoint. Can you dis
miss. OF course, this decision says that
you can, under certain conditions. l am
unable to satisfy myself that in fact or in
law you can fulfill those conditions.
Board a Busy Body.
ITO begin with. this board is composed
of busy men and women. holding now or
recently the highest positions in business
in the government, in the professions and
in social life. There nine of you. 1t
does not appear that you can delegate
this power of trial to a committee or to
your officers. You have over 1900 en-
ployes. trial properly conducted means
that you must devote time to find where
you can get evidence, time to consult your
counsel. time to hear the trial. and time
to formulate conclusion. 1t appears that.
perhaps, your conclusion must be unanf-
nous, as in certain criminal cases. In so
small a matter the investigation of the
office, one of your committees has already
spent sixteen half days. On this scale, you
are spending an excessive amount Of time
upon duties that are beyond your legal
powers effectively to fulfill, however con-
scientous you may be.
Again, the nature of the trial that you
should give in this case is not adequately
defined by this decision. You are liable to
It may be that this ignorance as to how
to proceed so as to satisfy court of re-
view is sufficient cause now to drop this
matter in its present form.
Colored Solidarity.
with much regret am obliged to re-
fer to another aspect of this particular
case To reopen 1t now is both to tear
up the present harmonious condition in
the colored ,ols and to necessitate such
a discussion of the personal character of
F. L. Cardozo as is probably against the
best welfare of this community. Such is
the solidarity Of the coiored population
here that ninety-nine out of every hum
dred of its members would regard 1t as
necessary now to vouch for the character
of this man, and the hundredth member,
who might testify against him, would be
challenged as an enemy OF his race. For