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

Stunt. Chancellor supplements his cuss-
ing the court" newspaper interview by CIV
ing out for publication a communication,
reviewing the Cardozo case. which he pro-
poses to submit to the board of education
at It's meeting tomorrow. Both of these
newspaper publications lack official char
acter and privilege. being today merely per-
sonal communications from DR. Chancellor
to the public and not official communica-
tons from the superintendent intended Tor
the board of education alone.
Parents. teachers and the local COM
munity in general will be interested in this
exposure of the SUPERINTENDENT opinions
upon the legal questions involved in the
Cardozo case. Blunders of the Supreme
Court of the District, until this tine con-
ccaled, and hitherto unsuspected sins OF
omission by counsel in the presentation or
the boards case in the absence of DIR.
Chancellor seem to be disclosed in the
superintendent copious flow of words.
The ordinary mind will have difficulty,
however in following DR.. Chanceilors rea-
soning upon the alleged disastrous and
paraIyzing effect of the courts decision
upon the powers of the board and the
welfare of the schools, DIR. Chancellor de-
clares that the court ruled practically that
a school position is a life annuity, termina-
bile only by the same kind of act that leads
to incarceration in a public prison.; that
the board is left with responsibility, but
robbed of power: that the court urges
'technicalities at the cost of the welfare
of tens OIL thousands of parents, teachers
and pupils
The impression of the people of Wash
iugton has been that the only issue was
whether the law protected every teacher,
white or colored. against hasty. arbitrary
and obviously causeleSs dismissal by re-
curing the board, before removing an
accused teacher, to give him or her a
hearing or trial at which the teacher
should have the benefit of the presence
of counsel and a friend. Congress clear
~ aimed to prevent unjust secret re-
movals in qualification of prejudice Or
personal or fractional spite. by requiring
some open and specific accusation to be
made. upon which the board assumes the
responsibility, after due consideration. of
acting. The court, it would seem, has
simply decided that the law does give
this slight measure of protection to the
teacher and that the board violated the
law in the manner in which it elected
Cardozo from the public service. Its
pie requirement of the law concerning
procedure does not seem to be lin
iued in the slightest particular. The
court has indicated in the Cardozo deci-
sion that IN case of j trial such as the
law requires the board wesld not only
have been the sole judges of the sufft-
cheney of the charge and of the recon-
mendation but of the sufficiency of the
proof or evidence offered in support
thereof" Clearly, neither the law nor
the decision destroys or paralyzes any
necessary power of the board, since the
board after it has given an open hearing
to the accused in accordance with the
statute decide the case as it pleases
and no tribunal. EXCEPT that of public opin-
ion. can review its decision.
The verbal hullaDdlloo over an alleged
calamity which has befallen the public well
fare through this decision is as empty and
baselesS as the clamor about paralysis OF
the boards power. Who is hurt by giving
an accused teacher hearing before dis
mssal?
Ii Cardozo has written A "despicable''
anonymous letter any anonymous letter
detrimental to the schools, Or has injured
the public schools by defamation of his SUI
periors. the board has only to summon
him with his counsel and friend listen to
what he has to say, and dismiss him, if it
sees fit in the light of what is developed
at the hearing. DR.. Chancellor seems to
dread giving the wretched accused the
barest chance of saving his reputation and
official life, and bases his advice to the
board on the question of a new trial on
the most obvious of inconsistencies.
When Cardozo was removed there were in
the colored schools. DIR. Chancellor says,
'far-spread conspiracies of calumny, fac
ton at war with faction and hatreds, If not
universal. at least extensive and bitter"
and "CardOzo was the prime mover in the
prevalent anarchy" Now, however, DR..
Chancellor asserts that the colored people
OF Washington. among whom Cardozo las
thus spread anarchy, and against many of
whom he has engaged in conspiracies of
caIumny arousing against himself bitter
fractional and personal hatred. cannot be
trusted to tell the truth about this enemy
of them and of their race. because he is
colored.
Such is the solidarity of the colored
population here that 90 out of every 100
of its members would regard it as nee
essary now to vouch for the character
of this man." that is to commit perjury
TO protect the object of their distrust
and dislike or of their personal or fac
tional hatred.
The courts decision defines the boards
powers without limiting them, and
shows the board how it can safely and
confidently exercise these powers. Ii
rightly used the decision will be helpful
To the board, to the teachers and to the
public welfare.