The Washington herald., 1906-12-23

The decision of Justice Anderson. In the
District Supreme Court yesterday after
noon, announcing that the dismissal OF
Francis l.. CardOzo was Illegal has dis
concerted the members of the board of
education who agreed TO his discharge.
Those members of the board seen after
the judgment was rendered yesterday did
not appear 10 have expected such de-
cisiOn, and were not disposed to make any
statements The action which will follow
the decision can hardly be determined be
fore the next meeting Of the board Of
education, which convenes next Wednes-
day by order Of its president, Admiral
Baird. Whether or not an appeal will be
taken from the decision Of Judge Ander-
son could not be ascertained, as no one
was in a position to speak sutEoritatively
on the question,
Admiral Baird. who was present in the
courtroom, would make no statement. al
though he inumated that CaTdOZO would
be given a hearing. which Will be public.
J 1t is probable that Cardozo will be sus-
pended pending the decision of the board
/ OF education.
Or. Chancellor would say nothing yes
/ terday which would outline the position
/ to be taken by those who We're instru-
mental in the dismissal Of Cardozo. The
[
/ intendent was to the effect that neither
/ he nor the board Of education had de-
| termined the course of action.
Glad 10 Know the Law.
Neither Mrs. Ellen Spencer Mussey nol
I Mrs. Justina Hill had any comment "a
make while Mrs Terrell, the only cOIored
7 member OF the board. stated merely thal
II the board had erred IN dismissing Nj
Cardozo without d hearing she was glad
that they had been set right in the mat
| ter, IN order that such d mistake would
not be repeated"
Capt oyster. likewise. was not inclined
10 talk. but thought that the counsel fol
/ the board. Mr.. Mcnamara, would max,
the first move.
Mr.. Mcnamara, when seen last night
said that he would await some notifica
| ton from the board Of education befor,
| he took any steps I'm the matter NJ
/ Mcnamara was not employed as counse
until the dismissal Of Cardozo had beer
ratified by the board Of education II
capacity is merely an advisory one. an,
DE feels that the initiative does not res
with him. lie Will probably be called L
the meeting on Wednesday, when som,
definite action viii be taken.
| The decision Of Justice Anderson vii
ia.t etifti-tAe A-fAf 'tillt' hAaAtllh Dl liz
cases If the other public school teacher.
who have been dismissed without a hear
ing, and those who have been reduced n
rank without an opportunity TO appear
before the board.
Justice Anderson said that the dis
missal of CardOzO was Illegal and VOID
in law. and he directed that a writ oil
mandamus be issued against the mem
bers Of the board Of education 10 compe
them to reinstate Mr.. CardOzo in tn,
position he formerly occupied and from
which he had been removed. The judg,
lals0 held that Cardozo had not received
a trial by the board of education on IN,
charges made against him
In the judgment Of the court" Jus
tice Anderson stated, the relator undel
tire provisions OF the act OF Congress wa
OF his right clearly entitled 10 be &C
cOmpanied by his counsel and at leas
one friend Of his own selection in respec
10 the investigation OF trial OF an,
charges made against him. This RICH
having been denied him, the action o
the board in purporting 10 dismiss hin
was and is Illegal and void. To peTmi
the action Of the board TO stand unde
: such circumstances would be 10 disre
, gard the plain provisions Of the statut
and 10 give judicial sanction 10 the mani
fest injustice to Cardozo"