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

VA ssss sne DC ezcuseo from s0ting. Decaus -
unacQuainted with the case In hand.
Thereafter, and on October 10. 1908. the
relator received from the said board Of
education q communication as follows:
The board OF education, at its meeting
held on Wednesday. October II. 1908. dis
missed you from the public schools Of the
District Of Columbia. for the good Of the
BY order Of the board.
JOHN w. DEMAINE.
ACTING Secretary.
Denial Of Right.
THE premises Notwithstanding. the re-
lator duly tendesed himself ready to con-
tinue in the discharge Of his duties as SUI
pervising principal as Aforesaid. but. by
order Of the respondents, has been denied.
and is now denied. the right to do SO. and
the respondents claim and profess that, by
virtue OF the premises. the relator has
ceased to be supervising principal, as afore-
said. and An officer. teacher or member OF
the body of officers or teachers. OF and In
the public schools Of the District of CO.
lumbia.
Tho relator Is advised, and therefore
AYERS. that on the said October 8, 1905 and
continuously thereafter, until and includ-
ing October II, 1905. he was, in contempla
ton Of the said act of Congress, on trial
or being Investigated in respect Of an act
or acts involving his fitness as a teacher,
to Wit, supervising principal. as aforesaid.
In and for the public schools of the District
of Columbia. and in respect of his fitness
to be continued as such and the possibility
of his being dismissed as such teacher or
supervising principal: that all and every
the acts of the said superintendent and
the said board of education, hereinbe-
fore set forth, constituted and were an in
vestigation of him. the relator, in the re-
spects aforesaid: that in respect of such
his being investigated as aforesaid. he was
of right emit led, according to the provi-
sions Of the said act, and had the right to
be accompanied by counsel and by at least
one friend of his selection upon, at, and in
respect OF. any charges against him. d.
rectly or indirectly. made or implied in the
premises, and that so being on trial or be-
ing Investigated and being denied the
right so to be attended and to have q
hearing both before the said superintend-
ent and the said board. the pretended &C
ton OF the said board In purporting to dis
miss him, as aforesaid was, and IT, illegal.
null and void, and that the relator Is of
right and in law still such teacher, to wit,
supervising principal. as Aforesaid. and, as
such. is entitled to all the rights, dignities,
privileges and emoluments of the said po-
sitfon or office.
The premises considered. the relator
therefore prays: That the writ of man.
damus may issue to the respondents and
the relator to his position as supervising
principal. as aforesaid. and to all the
rights, duties, privileges and emoluments
to the same appertaining as the same
were had and enjoyed by the relator on
October II, 1906 aforesaid. and that, to
that end, all necessary orders may be made
and proceedings had"
Mr.. McNamara's Statement.
Attorney Stuart Mcnamara, legal ad-
wiser to the board of education, when
asked about the filing Of the mandamus
proceedings, and If he would accept service
for all the nine members of the board.
said: II have just been apprised Of the
fling Of the petition for mandamus
against all the Individual members Of the
board Of education, and have been asked
by Mr.. Davis to accept service. This re-
quest was made to save the expense Of hav-
ing the marshal serve all the nine men,
bers Of the board, which would entail q
cost of 81 for each member served
II regret my inability to accommodate
Mr.. Davis by accepting service. but under
my relations with the board have no au-
thority to act for 1t until duly requested
by the board or its chairman. In this in
stance 1 could not anticipate action on the
part of the board. I have no knowledge of
the Cardozo case officially from the board,
and I must therefore await communica-
ton from the board in regard to any adj
vice or action desired ON its part in the
newly instituted suit. Should the board re-
fer the matter to me know OF no present
obstacle to prevent the answer Of the board
being filed by the time prescribed in the
courts ORDER