Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-09-22
The Decision of the School Board.

To the Editor Of The Star:
AS a taxpayer in the District for over
thirty years. and deeply interested in
the public schools. l have, like many other
conservative citizens, withheld all comment
upon the action of the new board of educa-
ton, hoping, when rightly advised as to its
powers under the new law, that it would
do the wise and just thing.
The conclusions of the board under the
advice of its attorney, Mr.. Mcnamara, as
announced in the papers of September q.
are, however, SO remarkable in inconsis-
tency as to be unntelligible to many read
ers.
This decision holds the law to continue
the teachers In office, definitely admitting
that Messrs: Swartzell and Keene were
thereby retained, and then stultifies itself
by holding that these gentlemen had by
their own acts severed their connection
with the schools. 1t is simply ridiculous to
assert that Messrs. Swartzell and Keene
have resigned the offices which they occu-
pied last year. and in which they were adj
mittedly retained by law. Everybody knows
that they have not resigned, but have done
everything they could to hold their posi-
TONS The board, 1t is true, rendered sub
ordinate positions to these gentlemen which
they declined, believing, with better legal
preSclence than the board exhibited, that
they still held their old positions. Now
they could not resign positions which they
had never held. and they have never held
these subordinate positions. Mr.. Mcnamara
as a lawyer very well knows that it takes
two to make a contract-a tender by one
and an acceptance by the other. The board
| made the tender. but there was no accep-
lance, but distinct declination. If these
gentlemen had accepted these subordinate
positions, had qualified for the same and
entered upon the work in such reduced ca
pacity and afterward resigned, they might
properly have been held to be out of the
school service, but they did not do this.
The only provision of the new law by
which they could have been discharged is
(secton 100. When a teacher is on trial
or being investigated he or she shall have
the right to be attended by counsel and by
| at least one friend of his or her selection"
Was this right conserved to the persons
Disseminated against? 1t certainly was
not. for such an investigation would have
brought an array of competent school pa
irons and taxpayers to the support of these
teachers as to present significant object
lesson to the board. 1t may be that this
law will be embarrassing to the board but
it is the law, and there should be no ger
rymandering to evade it.
The whole trouble with the reorganiZa-
ton of the school affairs has grown out of
the fact that DR.. Chancellor, entire
stranger in this community, has prema-
turely undertaken to recommend to the
board changes of which he was not quail
fled to advise by that personal knowledge
derived from the intimate contact and con-
tinued service in the community which the
law presumes to belong to the superintend-
DR.. Chancellor to have done would have
been to recommend the continuance
of all teachers in service, as the attorney
now recognizes to be the true intent of the
law, and then, after a year of experience
and the satisfactory disposition of the sal
airy adjustment take up one al a time the
items of reform in the teaching corps and
adjust them according to the provisions of
section 10.
The community will not be satisfied to
lose the dropped teachers. If they were in
competent. immoral or in any way untitled
| for duty it would be different, but they are
not. l know Mr.. SwartzeH we'll: my chill
| dren were educated under his tutelage, and
l believe him to be a thoroughly competent.
| upright and conscientious man and just
| the strict discipnnarian that our public
school needs. l also know that Mr.. Keene
| only last spring received from the entire
community an ovation on the anniversary
of his fortieth year of service in the schools.
| the published accounts of which the school
board would do well to study. All Wash
| ington including the District Commission
ers, school superintendent and other prom
| inent men We'd with each other In doing
honor to this competent and faithful omcer.
Mr. Keene's ripe years have brought wis
dom and experience without either decrepi-
tude or ineficiency. We have plenty OF