Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-05


When the Cardozo case, continued from
yesterday in Equity Court No. 9, was again
called before Justice Gould this morning
Attorneys Henry F. Davis and James A.
Cobb were present to present the argu-
ments for the plaintiff, and Attorney
Stuart Mcnamara was prepared to combat
the allegation of the jurisdiction of the
Equity Court in the premises Messrs.
George +. Oyster and w. V. Cox. members
OF the board of education, were interested
listeners during the presentation of the
case.
Taking up the question of the uncertainty
or injustice not being done to Cardozo IL
the court should not take cognizance of the
case, which was raised in the course of
yesterdays proceedings by Justice Gould
Attorney Davis in his opening remarks
cited precedent from the court records of
HUDSON county, New Jersey, in which 1t
was shown that a court of equity took
jurisdiction in a case where the probab ility
of injury to the plaintiff was only prob
lematical.
OF connecticut, and then took up Supreme
Court report, where, in an opinion written
by Justice Brown, Mr.. Davis declared, it
Is shown that the court took cognizance
not only of an anticipated defense. but OF
an anticipated suit
Cites Case in Point.
Attorney James A Cobb, also represent
--'o O~ANoNO, opohc VI MUNICIPALITY
Iowa in which the power of the court to ap
point water works commission was sue
cesfully attacked, and he further argued
that the Supreme Court of the District is
not necessarily restricted 20 precedent ION
an fours' In preparing its finding in the
case at issue.
Notice of an appeal was filed by Attorney
DAVIS In behalf of Cardozo.
Justice Gould and ATTORNEY Davis on
gagged In an extended colloquy regarding the
points of law involved before the court
stated 81. the Importance of promptly deciding
the case and followed this with an opinion
In which the plaintiffs case was dismissed
we are only asking your honor to do in
advance what will be necessary to do after
, the board has acted if they dismiss Cardozo
unoer the leading case on this question
Mr.. Cobb concluded. 1.-THE reason for this
ASKING is to prevent a MULTIPLICITY of suits
anu TO save the complainant great ex
Admiral Baird aratified.
wnen told of the decision of the court
SUSTAINING the constitutionality of the board
OF education. Admiral Baird, president ~,
the board, expressed considerable gr.tieoa-
ton.
am very glad to hear it." he said ".s
soon as have communicated with Attorna,,
laws ana found out when he can go
veaenuy proceed with the trial I will cali q
mere1H 6 OF me board for the purpose We
Of
courtesy 10 the court, and now that we bava
i LSeh sustained we will not hesitate anv
soI h;, even though an appeal is taken to
An EFFORT made today to obtain from, c.
perlntendent Chancellor an exnress,nr oe
n,s views OF the status of affairs under the
court ruling proved unavailing.
Mr.. Davis Argument.
mr. DAVIS continuing his argument after
Inc stars report closed yesterday. urgad
that II Congress has the right to confer
extra-1udicial powers on the Judges n, The
district Supreme Court it NAV autbor,za
tnem to appoint policemen, and II given ono
junction OF an administrative cbaroot.r
there would be nothing to prevent Con-
sress giving them all the functions ~ n;s-
trict government. No one would contend
Mr. Davis said.- that 1t is within the nower
Oh congress to invest the full mower -,
government In the court, because the court
mouio De placed In the position of leeisIat.
nn S, tpassng on Its own laws, making ap-
Hroienents and sitting In judgment IN
nose appointees and their acts. VII
nj. Davis claimed there was M mule;
aaoushess IN the bill, as alleged nv III.
biz had Oh on the board Of education The
ttenoeo. 1t claimed that the board new
pers were not the officers they claimed 70
-; ue ana mad no power to conduct the trial ~
tba -x,c tue proper off1cerS and have
manner. III wrong
Inc charge on which it Is attemnted 70
Try Cardozo, Mr.. Davis stated. embraces
no such thing known to the low IN eIe Is
cipal. supervising pr1n-
Justice Gould interrupted counse, to IN.
quire II supervising principars IIntias
were not defined, or If he might no. LIES
9utles which are not defined. Couid he r roe
S Dc ;aasmissed Tor violating these undefneT
' cInb ia person person, might be expelled from
| becoming gentleman oh
| MT Davis acknowledged that such con-
uuct could be punished as prefudiciaI 70
| for inst eaa conduct OF the schools. SUCH
MI. DAVIS facetiously remarked. forbid q
superVlslng principal to use tobacco hut
they are allowed to drink. wv
No Violation of Rules.
continuing his argument, Mr.. Davis in
siS.ed tnat writing an anonymous letter
y. Aoehng school teacher is no violation
OF any OF the rules alleged in the snecif-
cations to have been broken bv Cardozo
he read rules 60, 81, IS. 20 ana 90 can.
arately, and declared that no one Of than,
nad been violated by his client. Even r.
the board Is properly constituted and has
the right to try Cardozo, Mr.. Davis sub
NSSo' "Aero the petitioner has been
charged with matter showing no ofYense
according to the specifications he should
NOT ne put In the position of losing his
position by trial. "a"
Justice Gould having expressed a doubt
as to the right Of court of eouitv to
take jurisdiction Of the case, Mr. Davis
commended that equity should Intervene
since there lies no appeal from the de-
cision OF the board, nor is writ of GER
tiorari provided by which its action could
be reviewed, and as the petitioner is
threatened with loss Of character and the
profits Of his position.
Can assume the verdict Of the board
will be against your client?" the court
asked.
II do not want you to-" Mr.. Davis re-
sponded. Il say they have no right to
try the case There is no other remedy
than by equity proceedings"
Justice Gould then inquired II !. Mr.
Davis was prepared to cite authorities to
show that court of equity had ever
taken jurisdiction Of a similar case; IL so
he desired to hear 1t.
"This Is serious matter to the COM
munity," Justice Gould remarked. land
must be advised OF the clear right of
court Of equity, whose remedy 10 drastic.
to intervene"
Mr.. Davis was Of opinion that he could
|, furnish authorities, and the court was adj
journed until this morning to allow him to