Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-26
NOTICE SERVED TODAY
ATTORNEY MCNAMARA AN
NoUNCEs ACTION OF COURT.

When the board of education met at noon
today in the library of the Franklin School
building to continue the hearing of the
voluminOus charges against Francis L. Car
dozo. supervising principal Of the thirteenth
school district, which were preferred
against him by Assistant Superintendent
Montgomery of the local schools, the room
was crowded to its capacity. Those pres
ent included school teachers, government
employees and lawyers.
IL was observed that all the members OF
the board except DR.. Atwood were in at
tendance. and Admiral Baird, the presidene,
after rapping the assemblage to order, an
nounced that the absence of Dr. Atwood
due to attack OF illness. He said
the board could not go on with the hear
ing it would be manifestly unjust to the
accused to continue the trial as DR.. At
wood had heard part of the testimony.
At this iuncture Mr.. Stuart Mcnamara,
the special counsel for the board of edu-
cation sprung mine which, according
to those present, both startled and sur
prised the members of the court. He an
nounced that the chief justice of the SUI
preme court of the District of Columbia
had signed an order commanding the board
to show cause. which rule had been served
each member Of the board, and was
made returnable Friday. February l..
He explained to them that the order of
the court was a rest order. and advised
that out OF difference to the court the board
should take no further action in the Car
dozo until the matter shall have had
a hearing In the Supreme Court next Fri
Day.
Point Purely a Legal One.
Mr.. Mcnamara further stated that the
point raised was in no wise personal to the
board. but was purely a legal question in
volving the constitutionality Of the act APP
pointing the board by delegating the power
of appointment to the Supreme Court
judges
He said the question would be resolved
to the court ''of which this board was the
creature" and advised that the date Of the
next hearing OF the Cardozo matter be set
for time after the date named for the
hearing OF the order by the Supreme Court.
The board thereupon decided to defer any
further taking OF testimony until February
4, at 1:30 o'clock pm
Following adjournment the members OF
the board gathered about the room in
groups and quietly discussed the unexpected
turn events had taken. Superintendent
Chancellor expressed his keen disappoint-
ment because Of the postponement, as he
said he had an appointment to deliver a
lecture in New York. and had been COM
PEELED to cancel the date In order to be pres
ent at the hearing set for today.
Mrs Terrell also expressed her disappoint-
ment and said she had made a great sacri-
ftce to be present today. 1t was explained
mat she mad returned TO washington on the
midnight train from New York and had
Cancelled her lecture dates in the coustitu-
tional League work to be here
Representative Green Represented. .
Among the interested spectators in the
trial room today was son Of Representa-
tive Green. the author OF the District school
bill. Ii was said he was there to make
notes of the proceedings for his father, to
be used in connection 18th educational leg
islation for the District.
Mr.. Henry Z. Davis smiled broadly at the
effect OF his latest egIe flank movement,