Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-18
MAKES 4 STATEMENT
ATTORNEY n. E. DAVIS VIEW OF
GOOD OF THE SERVICE"

Henry E. Davis, counsel for F. L. Car
dozo, who was summrily dismissed from
the school system yesterday afternoon by
the board Of education, today made the fol-
lowing statement to Star reporter in re-
gard to the case:
One of the newspapers Of this city re-
ceived an anonymous letter, critical Of one
of the school officials which letter was sent
by the newspaper receiving 1t to the board
of education. Mr.. Cardozo was suspected
of the authorship OF the letter. and after
ward charged with its authorship, which
he denied. He was subjected to various
inquiries in the matter, with the result
that the situation presented an accusation
against him in the premises, and a denial
OF its truth on his part. The matter was
considered, individually, by all the mem
bers of the board Of education except one
and genuine letters in Cardozo's hanuwrit-
dng were passed about and examined, with
the result that the individual members of
the board, with the exception referred to,
as was stated in the executive session yes
terday, formed an opinion on the question
of Cardozo's guilt or innocence.
Apart from the letter. Cardozo was in
CURED Of concerning certain statements
derogatory to the official above referred
W. anu AiiodC SCi tdlH replies 10 the IN
qutries in that behalf. The superintend-
ent of instruction. upon the strength of
what had thus been ascertained recon-
mended to the board Cardozo's summary
dismissal on the superintendent giving in
his recommendation the grounds for his
action, which. before action by the board
were so changed as to leave the appear
ance only of a recommendation of dis
mlssal for the good of the service.
Has Examined the Law.
Il have several times had occasion 20
examine carefully the law creating AMI
governing the board of education. and
reached and now hold, the opinion that
any teacher on trial on any charge or
who, in the language of the law, is be-
ing investigated is entitled, as of right,
to be represented by counsel and one
friend. Accordingly, when I was consult
ed oy MI. Cardozo 1 advised him to that
enect and my appearance before the
board yesterday was solely for the pur-
pose of insisting upon Cardozo's right 70
pc represented by counsel, and, of course
IN respect of the subject matter concern.
ing winch he had been Investigated, with
the necessary corollary that the board If
self must hear the matter and must give
MIN a right to meet the accusation and
to give his side through and with the aid
of his counsel.
1t was insisted that no formal charge or
accusation had been made against Cardozo.
to which my reply was, and is, that mas
much as the law is silent in respect of pre-
s SCR any manner or method Of accusa-
tion but yet distinctly provides that a
teacher on trial or being investigated is en-
titled to counsel and of necessity a hearing
1t Is sufficient for the purposes of a de-
mand to be represented and heard that
there exists a situation involving an accu-
sation, or even suspicion, which has been
is being, or will be, made the subject of in
vestigat1on by the board. or any school Of
fetal. 1t is this proposition which the board.
by its action, has denied.
Did Not Go Into Merits.
II did not go into the merits Of the case,
and do not now intend to do 3d. but content
myself with saying that, in my opinion.
the assertion by Cardozo Of his right to be
represented and heard is sound and should
have been respected: especially in the light
Of the fact admitted by the members of the
board, with the exception mentioned, that
they had severally, in their Individual ca
pacities, and out of board meeting under
taken to look into the matter and reach
the conclusion announced at the meeting,
as though the several members of a court
could lawfully or properly, or, indeed, with
any decent regard to the rights of a ltigant
consider a matter in controversy at their
several homes, in the absence of counsel,
and then come together agreed on result,
to be announced without more ado.
Il did not remain to the open meeting,
winch 1OilOWeQ the executive session OF the
board, and know what then happened only
by report, and I am aware that other emil
nent counsel differ with me in my construc-
ton of the law; but neither this fact nor
any reason assigned for such difference in
duces me to a different view than that
which l entertain after deliberate consid-
Grafton.
Glittering Generality.
1T would be both premature and incon-
sistent with my unvarying rule in such
cases to state, at this time, what the future
history of this incident WILL may, be.
But am confident that no judicial tribunal
will countenance the proposition that,
where teacher has been brought to face
definite charges and demands his right to
be represented and to be heard in respect
of them, he can be worked out OF that right
by a mere substitution of the glittering
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