Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-23
DELAY OF TWO WEEKS
Hearing in the Cardozo Man.
damus Proceedings. :.
SCHOOL BOARDS ANSWER
Two Questions of Fact Involved In
the Response
NECESSARY TO TRAVERSE
Claimed That Relator Was an Oface1'
and Therefore Not Entitled
to Trial. +,

mandamus proceedings instituted by Franz !
ton was filed today and brief hearing
occurred before Justice Anderson in Cir.
cult Court No. 2. The chief points OF the !
boards reply are that Mr.. Cardozo, the de. {
posed supervising principal OF the thir-
tenth division of the local public schools
was not g. teacher. but an officer. and.
therefore, was not entitled to a trial under
the law, or. If he was teacher, he was
given a trial before he was dismissed, and
that, therefore, the board of education act
ed within its rights and a writ of manda>
mus should not issue.
Attorney Henry E. Davis, for the re-
lator, declared that as there were two
questions of fact involved in the response
he could not demur without admitting that
the statements Of the board were correct.
and would, on that account have to ira
verse the response. He denied the asser.
ton that Cardozo was not teacher and
that there had been a trial, ..-
UNLESS cannot believe my senses" Mr.
Davis remarked, there was no trial.
Mr.. Davis said he had not had time to
traverse the response and asked for 81
continuance.
Postponed for Two Weeks.
,.,..o,t rn,,aa c.o,as ..tor,a,, NJ.
49, al,iootnd 90 49,, sa,,,n. 10, ~.
- ~ 80
,ns .n 49, ,,a,,o.aah1a ahsenoa 90 NJ
Davis After a brief colloquy the court
decided to continue the hearing until two
weeks from today and to set aside an enc
fire day for II, > .-l.5e-,5 =
In additin, to the two attorneys and Mr.
cardogo these were nresent Admiral baird.
nraeident 71of the hoard of education. Mr.
Cor Prof Eyermann and DIR. Atwood.
members OF the board. The court room
,cas Aim comfortably Allied with persons In
feresfed In hearing the arguments in the
csse
In the course OF the brief remarks OF
tsrview Mr. Davis outside Of the court
room and before the case came up AGAIN
ana trv tn req ch an nndersta ndinR on the
questions of fact involved SO that the time
- the co,,rt need mot he taken I'm with
Arguments on those matters.
: Mr.. Davis took occasion to suggest that
the case he tried before a Jury. saving he
'uas nerfectIy willing II the other side did
not object
s"rhe hoard Of educatiop will be more
than satisfied with the decision of the
court" Mr.. Mcnamara replied.
-
Answer OF the BOARD.
The answer of the board of education,
e,.a .hror.h tic ,ogal adviser Assistant
IIn,..a statas Attorney stuart Mc,.amara-
united states At'or"ey @euai' NC o. y
to the rule to show cause set up that Car
dozo Is not teacher, but an "of1icer''
in the school system. that is, a supervis-
g.. ~u,,.;r,, ha;ne th,rd IN command NJ
ms poinraS Schools Az such the answer
eno Soi ~ % 1911 he ramoyaa in the discre-
~, - tho hoard His removal II is
Claimed was strictly within the scope of
the authority delegated by Congress with
.ro, roiicy reiatinp to the schools, the con-
troll of which has been vested, it is de-
clared, by Congress in the board Oh educa.
ton. me court; ~ - cia s.,i,h Tbs hnard's
S;.nrationarv .ction
In regard to the contention Of the petit
toner that he was summarily dismissed, the
answer states that ne was present p Se,S
the poaso WIN -, ms s,.tnraI rs ayerraJ
that he haard the charge of dislovalty. pre-
santed In writing nv the superintendent OF
Schools read and made a statement to
tha hoard in which he admitted that he
had nnfavorably criticised his superior of.
aa au 70 the alleged interviews with DIR
ThancaIIor In which the superintendent ia
- - Hn,,a n,ada the statament that ha
saia " ha the .doctors LAYERS and Law
an ,, ~. 80 oonJncttne the nnhIic schools
men were e stntes thst M nr Chanceiior is
tne her of tho hoard Of educat,on
NJ nt nrocaadad AGAINST In the ne
ana Is n nS' s nc action ~ nj all has
.ieio,i ~ al,.,, ~ Namcaoy 20 d,srn;ss Car
a. a,S that as the nresence n true Of
uo1o ".,u go ;s;,,;duaI mamhars of tho
bnara nf edmcation with the suner,ntend-
poaiu ~ uot add 20 the amthoritv or Eff
en-. wou ~ .ho ~. .,'nnosea statemants act;ons
aeaoy 49, a, n &c thn said suner;ntendent the
VI So Iasrat;a,s -afarr;n1 thereto are in
sou ,nha5@ i,,r,n.tarioi irre,avant ana i'm
.n,s ue ~ ,t a. a.s;rad that thew he
p.n,aiae, o,, az"
e'iieheA ou''
Have Right to Dismiss.
r.. sar s.vs .rhasa .resnondents
Inv -,
further state that as ehe ooaru oi eouca
ton. under and by virtue of the act ap-
nroved Tune % 1906 they alone in their