Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-09-22
Consistent Fair Play.

Accordance In good faith OF the decision
that the school law has been misconstrueo
will cause the authorities to cancel AL ac-
tions based upon this wrong Interpretation
10 wipe the slate clean, and to begin again
along the lines prescribed by law REVERSAL
of the action in appointing the teachers io'
one wear only Is welcomed with dehght as
the first step that counts In the oirecuoh
of remedying injustices inflicted by MISTAKE.
This reversing action would losacaiiy anu
reasonably be followed by return 10 inc
teachers of the oaths OF ONCE recehty CA
acted from them in violation OF the law, ac-
companied by the statement that their o'o
oaths of office continued in force. and that
their terms of service dated from the oio
and not the new oath. Future conditions
NAV readily be conceived. as in case OF
pensions or promotions based on longevity
.,ben this question of date would not be a
mere technicality but a point OF prac'icai
Importance.
II Ia almost impossible to believe that
neither the law nor equity requires anything
further to be done In such cases as those OF
PRINCIPALS Keene Swartzell and Clark.
These men were all treated In the begin
ming as If the law had deprived them OF
official existence and their positions. on the
theory that they had been vacated. were
rendered to outsiders for whom local va
cancies must be found or created. IheSe
imported teachers accepted appointment TO
places already filed subject to examina-
tons, though the law requires examina-
lions prior to new appointments After the
unfortunate local teachers have thus In eff
feet been buried alive. the mistake Is dis
covered and instead Of reyiving the prema-
turely buried the authorities attempt to JUS
tlfy their funerals by present murder. In
stead of resembling the funeral in the alb
sence of the corpse, the authorities supply
the corpse to vindicate the funeral
The effect of a true Interpretation of the
law Is apparently to make Keene. swartzell,
Clark, &C.. principals. and to cut the ground
from under any persons Illegally appointed
TO their positions, on the theory that the
same were vacant. If Swartzell, Keene and
Clark We're continued in office by operation
of the law and could not be removed except
on the written recommendation of the SUI
perintendent after an investigation in
which they had right to be attended by
counsel and one friend they have not yet
been thus removed and are still the princi-
pals and not the men who have unlawfully
usurped their places.
1t offendS common sense and the spirit of
fair play to say in the same breath that
the authorities may not make arbitrary
removals without cause and fair hearing.
but may arbitrarily transfer a supervis-
ing principal to be a kindergarten assist
ant and II he declines that position to
treat him separated entirely from the
service To transfer Is to remove from one
office and to appoint to another The offer
an transfer of humiliatingly inferior Of
flee. obviously impossible of acceptance, or
OF an Illegal or non-existent or hypothetical
Office is precisely equivalent to removal,
and as such is subject to all the limitations
and safeguards provided for the teachers
protection against secret, arbitrary and
causeless removals. 1t Is understood that
the transfer of Principal Keene involved
ahe degradation by transfer of several
other teachers who, without charges or
hearing or warning, were in an In
slant, merely to meet the exigencies Of
school politics, removed from the positions
which they lawfully occupied, one Of them
being left without any assignment what
ever. If the authorities can at their own
sweet will transfer out Of the service a
few teachers or one teacher. they can thus
remove by transfer all of them: and the
safeguards provided by law against unfair
removals are evaded and made farcical.
Inc intent Ol SOHSTtSS III respect u lnc
superintendent and assistant superntend-
ents IS not as clear as its intent in regard
TO the rest OF the teaching force. The board,
however, formally accepted Mr. Stuart's
resignation. thus treating him as holding
the office of superintendent at the time of
his resignation Perhaps, however, these
offices were put in jeopardy by the law,
while clearly the director Of high schools
was legislated out of existence. The spirit
OF the law. now recognized by everybody.
suggests. however, the retention In the
service in some honorable employment Of
all these persons thus displaced or jeopar-
died. This equity is clearly not met by the
offer OF a place which Is not vacant under
the correct Interpretation Of the statute
since Its occupant is already supplied by
the operation OF law.