Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-25
|CARDOz0 SUES
FOR MANDAMUS
Asks That He Be Restored to
PrincipaIship.
JUSTICE ANDERSON ACTS
Members of the Board of Education
Defendants.
CLAIMS ACTION WAS ILLEGAL
Desires Court to Determine That He
Still is in the Public
School Service.
,LAIMS ACTION WAS ILLEGAL

Francis L. Cardozo, the deposed
supervising principal of the tlir-
teenth division of the public
schools, today instituted in the
District Supreme Court proceed
ings for mandamus against George
w. Baird, Oliver NJ. Atwood, John
F. Cook, William V. Cox, Barton
w. Everman, Justina R. Hill, Ellen
Spencer Mussey, James F. Oyster
and Mary c. Terrell, comprising
the board of education, to compel
his restoration to his former posi-
ton.
Mr.. Cardozo claims that the attempted
dismissal is illegal because he was not af-
forded the right Of trial after charges had
been preferred against him, and asks the
court to determine matter of law that
he still is teacher in the public schools, to
wit: supervising principal, and as such en-
titled to all the rights, dgnites, privileges
and emoluments of that Office.
The position taken by the board Of educa-
ton that no charges had been preferred
against Mr.. Cardozo and that his dismissal
was for 1.-The good of the service was con-
troverted by the petitioner, who sets out in
detail the interviews had with Superintend-
ent Chancellor, the charge that Mr.. Car
doZo had written an anonymous communi-
cation to local newspaper, the attempt to
prove the authorship by comparison with
the handwriting of the petitioner, culminat-
ing in alleged statement by DIR. Chan
cellor to Mr.. -Cordozo, October IT, to this eff
fects Il shall recommend your dismissal
to the members Of the board Of education
this afternoon. I'll put it up to them in
that way"
Mr.. Cardozo tells the court that when he
pressed before the superintendent his right
under the act of Congress to be represented
by counsel and at least one friend before
any action was taken on the charges DR..
Chancellor made the following statement,
with manifest Indignation: Il will see II
the lawyers, the doctors and the people of
Washington are going to run these schools
instead of me. So am not to be allowed
to do any thinking or to go on with this
case unless you have an attorney present,
am I?'
Rule to Show Cause.
Justice Anderson, to whom the petition
was presented, issued a rule requiring he
board of education to show cause Friday,
November 2. why the writ of mandamus
should not issue as asked.
The declaration, filed through Attorneys
Henry E. Davis and James A. Cobb, after
setting forth the citizenship of all the par
ties, the history of the legislation giving
the appointing power to the justices Of the
District Supreme Court to name the men,
bers Of the board of education, and the ap-
pointment of the present board, the declina-
ton of Mrs. Justice Brewer and the desg-
nation of Mrs. Ellen Spencer Mussey to
her place. informs the court of the selec-
ton of William E. Chancellor, and his &C
ceptance of the office Of superintendent, and
of Winfield S. Montgomery as the assistant
superintendent for colored schools.
Summoned by Superintendent.
Mr. Cardozo tells Of his service as a
teacher and principal, and continues as
follows:
ION, to wit, October 8. 1906, the relator
was summoned by the said Chancellor, SUI
perintendent, to appear at his office, which
the relator did and then and there the
said superintendent infinitely inquired of the
relator concerning the REALTORS opinion Of
the said Montgomery, assistant superin-
tendent, the criticisms. If any, which the
relator had to make Of the said assistant
superintendent. the instances. If any, in
which the relator had spoken to friends
of the said assistant superintendent. in re-
lation to him, and concerning the views
ing to the administration of the public
schools of the District of Columbia; and
upon the REALTORS replying fully and frank
ly to the inquiries of the said superintend-
ent in the premises, the said superintend-
ent drew from his desk an anonymous
pencil-wrtten letter. addressed to a news
paper in the city of Washington and Sc
verely and injuriously attacking and re-
hecting upon the said assistant superin-
| tendent. and asked the relator whether he
had written the said letter. to which the
| relator replied that he had not; whereupon
the said superintendent handed the relator
| a number of ink-written letters and asked
| the relator if they were his. and the rela-
\ tor reading and recogn Zing the first two
of the said last mentioned letters as in
| his handwriting, so stated to the said su-
perintendent without examining the others
of the said letters.
AT this point the said superintendent
| summoned the said assistant superintend-
| ent to his, the said superintendent. office.
and the said assistant superintendent, hav-
| ing entered, was asked by the said super
| intendent whether the relator had been
| loyal to him, the said assistant superintend-
| emit. during his incumbency. to which the
| said assistant superintendent promptly re-
| piled that he had, although at times he had
| been inclined to be little disputatious and
| the said superintendent then asked the said
| assistant superintendent whether he be-
| lieved that the relator had written the said
| ANONYMOUS letter, to which the said assist
| ant superintendent replied that he did, be-
| cause of the similarity of the handwriting
| thereof to the realtors. At this time there
| were in the Office of the said superintend-
ent, besides himself. the said assistant SUI
perintendent and the relator, two of the re-
| spondents, members of the said board OF
| education, and the relator and the said as
sistant superintendent being requested by
/ the said superintendent to leave the room
| temporarily. did SO. and, upon being after
| ward invited to return, likewise did So.
| when the relator found, in company with
1 the said superintendent and the said two
/ respondents, still two Others of the re-
spondents, members of the said board who
had entered the said superintendent office
/ during the REALTORS temporary absence. as
| aforesaid. Thereupon, the said superintend-
IContinued on Eleventh Pagel