Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-22
CARDOzO WINS
MANDAMUS CASE
Court Decides He is 'B0th an
Officer and a Teacher"
JUDGE ANDERSON'S RULING
Reinstatement of the Deposed Official
Directed.
WHAT DETERMINES A POSITION
Board of Education Will Hold Meet
ing to Consider the Course
It Shall Pursue.
WHAT DETERMINES A POSITION

Francis L. Cardozo, in his capac-
ity as supervising principal of the
thirteenth division of the public
schools of the District of Columbia,
j, is both an officer and teacher"
Justice Anderson of the District SUI
preme Court declared today in de-
Gliding that the writ of mandamus
shall issue against the board of ed
ucation to compel the reinstate-
ment of Cardozo in the position
from which he was deposed.
1t Is the work performed and not the des-
ignation of an employee of the school sys-
tenn which shall determine the position oc-
= cupied by him. Justice Anderson explained,
in deciding the matter. The weight of the
testimony taken at the hearing shows that
the duties of Mr.. Cardozo were both ad-
ministrative and didactic Only hour
day, it was shown was occupied by the
supervising principal in his Office, the rest
of the day being taken up in teaching; it
sponsible for the results attained by the
teachers under him, and when on visiting
class room he found a teacher was not
securing the desired rosuIts If was his
duty to take charge of the class and teach
the pupils.
Ii it should be held. Justice Anderson
said. that a supervising principal is not a
teacher, any teacher in the public school
system who had become persona non
9rata" to the board of education could be
dismissed without a trial by the simple
process of promoting him or her to be
missing him or her. Such, the court
marked, was never the intention of Con-
gress.
The proceeding before the board of edu-
cation, when Cardozo was deposed could
> not be seriously urged trial, according
to Justice Anderson. There was no SEM
blance of trial, as the word is under
stood in judicial proceedings. Cardozo, JUS
&. tice Anderson added. was summarily dis
missed, in the absence of his counsel and
friend"
in the judgment of the court" Justice
Anderson stated, the relator under the
provisions of the act of Congress was of
right clearly entitled to be accompanied by
his counsel and at least one friend of his
own selection in respect to the investigation
or trial of any charges against him. and
this right having been denied to him, the
action of the board in purporting to dis
miss him was and is Illegal and void. To
under such circumstances. the court re-
marked would be to disregard the plain
provisions of the statute and to give judicial
sanction to manifest injustice to Car
dozo.
Required to Restore Cardozo.
For the reasons stated" the opinion con-
cludes 1.-The writ of mandamus ,::nDissue
requiring the respondents to restore the re-
lator to his position of supervising principal
as prayed for by the REALTORS petition"
Cardozo was not present in the court
room when the decision was rendered. Adj
miral Baird, James F. Oyster, William v.
Cox and Mrs. Ellen Spencer Mussey repre-
scented the board OF education and listened
attenuvely TO the opinion, which informed
them of the courts view that they had pro-
ceeded without warrant of law in dismissing
Mr. Cardozo.
Admiral Baird and the other members of
the board present in court declined to be
interviewed. Admiral Baird, however. said
that he would call a meeting of the board
at an early date TO take appropriate ac-
ton.
Assistant United States Attorney Stuart
Mcnamara, legal adviser to the board of
education, stated that he is not prepared to
say whether or not an appeal will be taken
by the board from Justice Anderson's de-
csion. He declined 10 make any statement
saying that he will not be informed of the
desires of the board until a meeting is
he'd and the wishes of the board are COM
munica ted To him
While meeting has been held by the
board, II gathered from conversations
with individual members that the probable
procedure TO be adopted by the board will
he a request TO DR.. Chancellor to suspend
Cardozo pending a trial on the charges
made against him. At the trial, if held, 1t
is understood. Attorney Mcnamara will be
present and direct the procedure.
Attorneys II. f. Davis and James A
Cobb represented Cardozo.
Mr.. Cardozo Gratifed.
"Of course l am gratiiied at the decision
OF Justice Anderson Mr.. Cardozo said
this afternoon. "in that it enables me to
return to the public schools here to rem
der the same loyal service that l have, in
various capacities, during the last seven
teen years
What Attorney Davis Says
Attorney Henry E. Davis, who repre-
scented Cardozo, said:
owing to my engagement in the trial of
the Morgan will case before Justice Bar
nard. l was not present at the rendition
of Justice Anderson's opinion, but am
naturally much pleased that it was in sup
port OF the position which / have taken in
the matter from the first
I'm ignorance of the terms of the opin-
ion. / unable to make any comment
thereon further than to say that / believe
that il is In accordance with the law and
the justice of the matter"
Attorney Blair's Idea.
Henry w. Blair, who is
counsel for Mrs. Cooper. Mr.. Love and Mr..
Clarke, all of whom were deposed by the
school board. was seen late this afternoon
by Star reporter and informed regarding
the decision by Judge Anderson in the
Cardozo case Being asked as TO what
course he would pursue as TO his clients In
view of the decision. Mr. Blair replied:
LAS to my clients. l anxious for
i peace and hopeful that the board of educa-
. ton will restore them TO their places. Other
L. hiII through