Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-22
gressional investigation, and either legisla-
tive action or action by the courts"
Justice Anderson's Opiuion.
In his opinion Justice Anderson sa


Justice Anderson's Opiuion.
In his opinion Justice Anderson said
The general question, whether under
the act of June 90 1906, the board of edu-
cation had power to dismiss the relator
from his position of supervising principal
in the manner in which it did involves the
consideration of two propositions:
First. Whether the relator at the time
of his dismissal was teacher within the
meaning of section 10 of the act of June
Secondly, whether, if teacher he was
accorded trial within the meaning Of
that statute.
specially involved in the consideration of
this question is as follows: When a teach
is on trial and being investigated, he or
she shall have a right to be attended by
counsel and at least one friend of his or
her selection.
First Question Considered.
1.-The first question to be considered is
whether, under the provisions of this
statute, the relator is teacher, and, there
fore, whether he comes within the prOvi-
| sions of this section.
There was considerable testimony taken
| in the course of the hearing, and among
other matters as to which testimony was
| taken was testimony relating to the duties
| of the relator And in answer to the ques-
| ton. AS supervising principal describe your
|
| were administrative. A supervisor in the
| administrative work has general oversight
of the division, the preparation and trans
mission of the records to the hlgher oIhces
at periodical dates during the year, the
care and custody of files; and in reference
| to the second classification, supervisor. each
one of us has always found the most Inn
portant part of our work to be teaching
work. Each supervising principal has been
held responsible for the methods OF lnstruc-
| ton and for the results in each class room
And in order to see that the methods or
instruction and the results were up to the
standard that they should be, each of us
actually taught wherever and whenever 1t
was deemed necessary. So that II a super
vising principal should walk into teach
er's room, and the appeal of the teacher
was that she not securing the results
| that she should, he would tactfully and
properly ask the teacher to let him take
charge of the class. And he would do what
| he considered the proper way to carry out
the methods of instruction. But If he did
not deem it wise to take the class In charge
he would say to the teacher, Will return
here in such and such a time And he
would come back and take charge OF the
class and go through the entire subject
At other times teachers, recognizing the
fact that the supervising principal was ex-
perienced in teaching as well as in other
work. as soon as he would come into the
| room leach of us have had this experienced,
the teacher would say. Mr.. So and So, l
don't quite understand how to get such
result in this work, and l wish you would
teach the subject He would thereupon
give a lesson. At other times he would ex-
anime the class, under the direction of the
superintendent.
Should Understand Teaching.
TT can be at once seen that it was quite
necessary that the supervising principal
should understand teaching, l am still
quoting from the testimony of the relator.
They had weekly meetings with the super
s-x-
required to report as to the condition Each
of US would go into his own division and
look into it. For instance. II the eighth
grade was being inquired into, we would
sion. We would teach and examine and do
whatever was necessary to give the neces-s
sary instruction to obtain the necessary re-
suits.
And the question was put to him IN this
way by his counsel: If you say, under the
obligation you had supervising principal,
you were expected to keep the classes up to
a certain standing in studies and if you
find the classes needed lifting up in this in
struction, you wou.4 teach as any other
teacher? Answer-Yes.
Q.-And that was much part of your
duties anything else?
Ayes
Q.-That was your duty under your
appointment of September 4, 1906 down to
the time of your supposed dismissal? And
it was your duty, because 1t was distinctly
understood that the employees, or teachers,
were to work under the old rules and Gus
toms until otherwise directed, and that is
what you actually did?
Ayes sir.
Q-That is to say, you administered the
office?
Ayes sir AS a matter of fact 1 should
has provided that the office hours shall be
from $50 to and from $3.50 to 4. The
other times we supposed to be in the
school, and one supervising principal on the
g., Iaxr lra- not tynt To
Q.-Your Office hours for administrative
purposes are half an hour before and after
school?
Ayes, sir
Q.-During school hours you are sup
posed to be circulating around the schools,
looking after the instruction?
Ayes, sir.
All the Testimony Offered.
THAT was all the testimony that was Of
fered upon the hearing as to the duties Of
the supervising principal except what
would grow out of the statute itself, or
the Interpretation of the statute. and the
rules adopted by the school board in so far
as they were applicable thereto.
The undisputed testimony in this case
discloses the fact to be that supervising
principal must not only have the qualif-
cations of a teacher, but he must exercise
the functions of a teacher In tie admin
istration of his office. Therefore, a super
ViSlng principal occupies the Oudl capacity
of an officer and of teacher AS an officer
his duties are administrative and in his
capacity as teacher his duties super
visory So that, tested by the require
ments of his position as disclosed by the
undisputed facts CardoZo, as supervising
principal, was not only in theory but in
fact a teacher within the meaning of the
statute. as well as within the meaning of
the ordinary acceptation of that term.
Moreover this view finds support in the
act of Congress approved June u, 1906
seven days subsequent to the approval of
the act in question, being an act making
appropriations for the expenses Of the gov
eminent of the District of Columbia and
for other purposes. In this act Congress-
under the heading Officers appropriated
the amount to be paid to each responsible
officer in the public schools; and under the
heading of Teachers likewise appropri-
ated the amount to be paid to such teach
ers, respectively, and included among the
teachers so appropriated for, supervising
principals.
Significant Fact.
Now, 1t was argued upon the hearing
that while the board was not bound by the
classification of the controller of the treas
ury. & was significant fact that in making
this cla Ssifcation between the officers of the