Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-04
REMOVAL OF TEACHERS.
Statement by Mr.. Swartzell Of the
Facts In His Case.

oSSo 4n A44o ShS0s
To the Editor Of The Star:
Having permitted to pass In silence many
inaccuracies which concern myself alone
In the matter Of the severance Of my long
connection with the public schools. may I
ask space for brief statement in regard
to several Of them. as bearing upon an in
depreciation and administration of the pres
ent school law, which may affect teachers
other than myself?
The clear and able opinion OF Mr.. Nc
Namara. attorney for the board. printed
In The Star Of September 81 fnds that l
was formally transferred from the princi-
palship Of the Eastern High School to the
position OF teacher, and that my declina-
ton Of the latter position removed me from
the school service. The opinion, of course.
Is based upon the facts stated in 1t, which.
no doubt, were the facts communicated to
Mr.. Mcnamara upon which to give an opin-
ion. That the facts were not properly
stated to him is established indisputabIy
by the record Of the board Of education it,
self:
Cd On September II Mr.. W. s. Small was
appointed principal of the Eastern High
School. At that time, as clearly shown by
Mr.. McNamara's opinion, am as would
telligence without legal opinion, l was
principal Of the Eastern High School, from
which position had been neither dismissed
nor transferred. nor had any written rec
ommendation for my dismissal or transfer
been made by the superintendent, which
written recommendation the law IN the
plainest and most unambiguous terms
makes a condition precedent to every dis.
nassal or transfer. The first notice TO me
THAT was to be superseded in the princi-
palship was derived from the columns of
the newspapers on the day following the
appointment.
co The position Of instructor Of Latin. at
1.sOO per annum, was rendered to me
through Assistant Superintendent Hughes,
on the 10Th Of September, the same date as
that Of the appointment Of another to my
position as principal, and was declined on
the 14th day OF September, two days after
that appointment: so that my defamation of
that position, clearly, could not nave re-
moved me from the school service SO as to
obviate the plain requirement Of q written
recommendation as q prerequisite to my
earlier dismissal or transfer, or to make
legal the appointment Of another in my
place before 1t had been vacated.
CD The only 81 900 salary provided by law
Is. by the law which creates It, assigned
to the director Of primary instruction.
When the tender Of an instructorship of
Latin at that salary was made to me. as
above stated. inquired as to the POSSIBLE
ity Of creating leadership at that rate of
compensation when no such salary was to
be found in the law; and. upon being in
formed that It was proposed to make 1t
up" by giving me the salary Of several
smaller teacherships provided Ior in the act,
expressed my doubt az to the legality Of
SUCH an aTIauBS1uSnts duQ asked twenty.
four hours to consider It. On the evening Of
the day Of the tender. and before the ex-
piration Of the twenty-four hours. re-
ceived the appointment, which I subSe-
quently declined, after further assurance
by legal advice OF what seemed entirely OBJ
vious without 1t, namely. that the board Of
education could not create two 8. 500 posi-
tons, when the law had limited 1t to one, or
ships provided by law whose aggregate
salaries would make up s., 800, and thus in
directly accomplish that result. The at
torney for the board, am quite sure. will
not advise It that a teacher, by declining
to accept such a position, or to be placed in
such an attitude before the law and the
public, removes himself from the school
service"
a. One single further incident. The presi-
dent Of tho board. 1t Is stated. voted against
my appointment to the Latin leadership.
publicly assigning as his reason that I had
been guilty of insubordinate conduct in an
his dissenting vote was intended es warn
ing to me with respect to my future con-
duct. The statements furnished the news
papers with regard to that interview. and
which presume are those which had been
communicated to the president, were as un-
founded and misleading as 1t was possible
for them to be. The school law provides.
in terms, that no trial or investigation Of
teacher shall be had without an opportunity
being afforded to him to be present, and.
not only so, but to be represented by coun-
sci; but, in this instance, the president, 1t
seems tried and convicted me Of insubor-
dination upon ex parte and unfounded
statements, without allowing me hearing,
or even the poor privilege of notice That
was under CHARGES. Another member Of
the board who was asked to have hear
ing accorded me. refused on the ground
that my insubordinate conduct at the inter.
view in question justified my dismissal
without a hearing. It 10 to be hoped that.
at least in the case Of other teachers, the
rights and the explicit protection given them
by the school law. in express terms. will
not be thus disregarded.
NJ r. r. SwARTZELL