Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-03
DEMURREROVERRULED
Plea of Mary E. Male for Rein
statement as Teacher.
SUBSTANCE OF THE RULING
Board of Education Has Power to Dis
miss for Incompetence.
SECTION 10 OF THE LAW DEFINED
Notice Given by Counsel Of Intention
to Traverse the Question
Of Fact.
SECTION 10 OF THE LAW DEFINED

Court today overruied the demurrer nleo oy
| Miss Mary E. Male to the return of the
| board of education to the rule to show
| cause why writ of mandamus should not
issue to compel her reinstatement as a
teacher of the public schools. The court
decides that the board has full power to
dismiss a teacher for incompetency. with
out a trial or investigation. and that the
provisions of section 10 of the public school
| law, with reference to the right Of trial or
! investigation with the aid Of counsel. do
| not apply to the examination or inquiry
| into the academic fitness of a teacher.
The court further holds that the action
of the board of education in determining
the fitness of a teacher Is final, saying:
| And therefore, the court is as much bound
| by the action of the board Of education as
! the relator herself. even though the board
| was mistaken as to the lack Of equipment
| upon the part of the reiator: as to which
| the court has nothing to do
| Congress never intended. says the opin-
| ion. to tie the hands of the board so that
| it could not dismiss teacher who was
| found to be lacking in the necessary quail
| ficatons Of a competent teacher This Is
not only evident, Justice Anderson declares,
| from the act itself. but in the very nature
of things must be so.
If teacher could not be removed In
! this and kindred cases." the court holds.
except by a formal trial or investigation,
| then the comforting of the control OF the
public schools of the District OF Columbia
upon the board of education and the right
in a proper case to dismiss teachers upon
the written recommendation Of the super
intendent of schools, would be meaning
less and absurd thing
"I can conceive" declares Justice Ander-
SON. "of no greater calamity that could
befall the public schools OF this city or OF
any other community than to place them
under a law whereby incompetent teachers
could not in any case be removed or dis
missed without formal trial. with all the
annoying and vexatious incidents attendant
thereon. The disastrous consequences OF
such construction of section 10 of the act
cannot be overestimated. and no such con-
struction should be given the statute I'M
less its language made it the imperative
duty of this court so to do.
Intention of Congress.
THAT Congress never so intended is not
only clear it seems to me from the
language of the act itself, but from the
further fact that Congress at its last ses-
sion refused to amend section 10 so as to
provide that no teacher could be dismissed
for any reason except after trial. thus in
dicating the purpose of Congress IN pass
ing the original act
Attorneys Cuttings & Chamberlin and
r. r. Horner who represented Miss Nalle
declare that it is their purpose to traverse
the allegations in the answer, and that they
feel confident they will be able to lemon
strate to the court that Miss Male was
not dismissed upon the grounds alleged in
tn. answer and established the fact that
such examination ever occurred, but
Originated in the minds of some of the
board since the filing Of the petition in the
case"
The leave to traverse the question of fact
as to the examination was allowed by the
court when counsel took exception to the
decision overruling their demurrer.
Mr.. McNamara's Views.
Assistant United States Attorney Stuart
Mcnamara. legal adviser to the board of
education. asked as to the result of the
courts action, said THE decision upholds
the action of the board in dismissing Miss
Male because it found her lacking in the
necessary academic and pedagogic qualifi-
cations of a competent teacher, and jul
dicially aff1rms the right of the board to
take such action without previously putting
| the teacher on trial under Investigation
states that the determination by the board
Of teachers incompetency binds the court
as that is the province of the board, and to
review such action the court has no juris-
diction. The result of the decision, there
fore. is the making Of the boards action
final and preventing Miss Nalle from being
| reinstated as a teacher in the public
Schools.
Miss Nalle was removed from the position
of teacher of English in the M Street High
School, September IA last, and April 10
| filed petition for mandamus to which the
board of education filed its return May IT,
Counsel for Miss Male demurred to the
return and the case argued and taken
under consideration by the court until to-
day.
The answer OF the board set up the con-
tention that Miss Male on examination had
been found not sufficiently qualified in all
respects to be competent to continue to
teach but was deficient in the necessary
academic and pedagogic equipment of a
competent teacher
Two grounds of demurrer were urged by
counsel for Miss Nalle-first, that under the
last paragraph of section of the act of
June 20, 1906. any examination of the rela-
tor made or attempted to be made by the
board of education was without authority
Of and contrary to law, and therefore null
and void secondly, that being teacher in
the service of the public schools at the
time Of the passage of this act there could
be examination by the board for the
purpose of ascertaining the efficiency of
Miss Male. except in the manner provided
by section 10.
Overrules Both Contentious.
The court overrules both contentious.
holding that there is nothing in the law to
the effect that teachers continued in the
service should not be required to take an
examination. The law. it is declared, pro-
vides simply that an examination was not
necessary to their continuance in the serv-
ice should the board so determine. This
does not mean, says Justice Anderson that
because teachers were in the service at the
time of the passage of the act they were
thereby continued in the service or that
the board could not discontinue them by
affirmative action. In the absence of any
prohibition in the statute, states the opin-
ion, the power is inherent in the board to
dismiss teachers for want of suitable quail
ications as such. as well as to appoint
them because they possess such qualifica-
lions in the first instance.
The power to dismiss teachers, Justice
Anderson declares. as well as the power
to appoint them, falls within the broad
and general powers inherent in the board
in the administration of the public schools
Justice Anderson differentates the
Nalle case from the CarGozo case in
which he granted mandamus The CUES
ton in the CardoZo case, said the court
involved two Observation-Disclosures Car
doZo, at the time of his dismissal was a
teacher, and whether he was accorded a
trial within the meaning of the statute
The court found, in the CardoZo case that
CardoZo's duties were both administra-
tive and didactic, and that being a teacher
having charges lodged