Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-25
CARDOz0 SUES
FOR MANDAMUS

VII UblltUOtttuSVV
| Continued from First Pase)
emit asked the said four respondents
| whether they would like to compare the
| said anonymous letter with the REALTORS
acknowledged letters aforesaid, to which
three OF the said respondents replied that
| they had seen the anonymous letter before
and believed the relator to have written It;
| whereupon, the said superintendent then
| suggested that the relator should consider
the question of resgning OF being dismiss
| ed. to which suggestion the relator replied
| that, inasmuch he had not written the
said anonymous letter and had not been
derelict in any other way, he saw no oc
missed. and was excused by the said super
| intendent from any further interview in the
premises
What He Was Up Against.
ION the day following the occurrences
narrated in the foregoing paragraph. to-
wit, October 10, 1906 the relator, OF his
own motion. called on the said superintend-
ent and again denied all knowledge of the
said anonymous letter, upon which the
said superintendent stated to the relator as
| follows: What you are up against Is this
| letter. It's up to you to prove to those four
| men who were here yesterday that you
! did not write this letter. meaning by the
! said four men the said four respondents.
! who. as aforesaid, were present in the Of
| flee of the said superintendent on the pre-
ceding day. as aforesaid. Thereupon the
| relator called upon three of the said four
| respondents and unsuccessfully endeavored
| to see the fourth. and to each of the three
seen by him the relator again denied au-
| thorship of the said anonymous letter and
| received from two of the said three the
| impression that the matter would not re-
| ceive further attention unless It should
| a gain he bI-1ll Qrht nv fha said SnDer1n-
| tendent, and was told by the third that he.
| the said third. stood for fair play. and that
the relator would be given a chance to be
| heard again. Thereafter. and on. to-wit.
| October 49, 1908, the relator again called
| upon the said superintendent and inquired
| of him the status Of his. the REALTORS case,
and was informed by the said superintend-
ent that some of the respondents wanted
to dismiss him, the relator. upon which
| the relator asked the said superintendent
| If such action was to be taken without
giving him, the relatOr trial. to which
| the said superintendent replied that. &C
cording to legal opinions received by the
| said board of education, trial was not
necessary. even when charges had been
preferred and, upon the REALTORS replying
that he thought one of the said opinions to
| be qualified one the said superintendent
| said that the relator was in error in that
regard but suggested that the relator call
upon him the following day at O'Clock in
the afternoon to find what disposition would
be made Of his. the REALTORS case.
Consulted Counsel.
1.-THE relator thereupon consulted counsel,
and upon the advice of such counsel,
caused to be delivered, and .lere was In
| fact delivered, to the said superintendent
| on the morning Of the following day. to wit,
October II. 1906. letter from said counsel
| to the said superintendent. in the following
! words:
Mr. F. L. Cardozo has consulted me in
l rof to al pUtf
which you are familiar, and tie Is me that
you have intimated to him that he is not
entitled as OF right to be represented by
counsel In respect of the pending charges
| against him. or any Investigation thereof.
| "'Out of abundant caution / beg to say
| that. having had occasion to consider the
| pending law. I am OF opinion that Mr..
Cardozo has the right in question. and I
| am therefore. under the necessity Of as
sorting it for him. but feel safe in adding
that In view of his express desire to be
represented, this assertion Is unnecessary.
-: have. accordingly. to ask that. II
the charges against Mr. CardOzo are to be
pressed. I may be given. as his counsel.
due notice to that effect and also of any
| hearing In the matter. with the privilege Of
attending In his behalf
The reiator. as suggested by the said
superintendent. called upon the latter at
the hour indicated. namely, 1 o'clock, in the
afternoon Of October II. 1908, and. being
kept waiting within a few minutes of two
hours without admittance to the office of
the said superintendent, sent in to him,
the said superintendent, further letter, adj.
dressed by his counsel to the relator. ad-
vfsing him. the reiator, to the course
to be pursued by him in case he should
be subjected to any further Interrogation
| in the premises. upon receiving which said
aforementioned letter, the said superintend-
ent Immediately sent for the relator and,
In manifest Indignation, said to the reator:
I will see II the lawyers the doctors and
| the people of Washington are going to run
| these schools instead of me. So 1 am
not to be allowed to do any thinking, or
to go on with this case unless you have
an attorney present, am I? Stay right
here until I return whereupon the said
superintendent withdrew from his office
to an outer room, and went into a tele-
phone booth therein and remained some
minutes. after which he returned to his
Office and angrily and loudly exclaimed to
the reiator: Mr.. Cardozo, 1 shall RECON-
memo your dismissal to the members Of the
put 1t up to them In that way
Meeting Of Board.
"At 4 o'clock in the afternoon of the said
October II. 1905, the respondents. as the
board Of education aforesaid held a regular
meeting at the Franklin School building. in
the city of Washington. District of Column
bia, all of the REALTORS being present, and,
In the course Of the said meeting, the said
superintendent presented to the said board.
through Its assistant secretary. at the time
oSeAhS 90 SCCEcldESs q communication rec
ommending the REALTORS dismissal from his
position as supervising principal as afore-
said. upon the grounds that the relator had
been disloyal to his superior the colored
assistant superintendent aforesaid. and, be-
sides, had been guilty. according to the best
of the said superintendent's knowledge
and belief. of writing the anonymous let
ter aforesaid, and. at the same time, pre-
scented to the said board. through the said
assistant secretary, the letter AFORESAID of
his. the REALTORS. counsel. to him, the said
superintendent; whereupon the REALTORS
said counsel being present, asked the re-
spondents. the said board Of education, to
accord him, said counsel. opportunity to
be heard on the question Of the REALTORS
right to a hearing in the premises with the
aid of counsel, and in the presence of a
friend of his. the REALTORS. choosing. and
the respondents having accorded said coun-
sci the desired opportunity. he. the said
counsel then and there. in the presence,
and on behalf of. the relator. asserted the
right of him. the relator. to hearing in the
premises. in manner aforesaid, and, ac-
cordingfy. demanded such a hearing, which
was denied; and the REALTORS said c-unsel.
having. in the course Of hts remarks