The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-01-27
Petition to the District Su-
preme Court Compli-
Gates Affair.
Members of School Board
Express Themselves on
the Subject.
Probable Outcome is Being
Awaited With Much
interest.

TO be Oh not 90 be-" This is the
mO0Jed question which now coufrOnts
The Board Of Education brought about
BY the filing of a petition IA the District
Supreme Court yesterday by Card0zo' ;
attorney and served upon the board Just
as II convened III adjourned session TO
hear charges preferred against him by
The superintendent and assistant super
intendant OF the District schools.
This temporary HIATT in proceedings
was received with varying degrees of
surprise, Indignation. and Chagrin on
the part of respective board members.
I'm his petition, the text oT which was
printed IN The Times Yesterday after
uOOn1 Cardoz0 alleges that the board is
without authority 10 try him. that the
very appointment of the board itself by
the Supreme Court judges is Illegal and
that the act Of Congress approved june
20. 1906. providing FOR such a board and
method of appointment is uuconstilu-
tional and should he revoked. Card5za
also asks that the board be eniOined
from hearing any charges against him
or interfering with him in any manner.
and further enjOiued from claiming L.
be the Board Of Education or acting as
such
81 have heard of cases becoming so
complicated that only one person con-
nected with them was familiar with all
the details ami he forgot them or went
insane said hdmiral Baird just after
The board adjourned yesterday. and il
seems as though this case is fast be-
coming the same way. IL becomes more
mixed each time We meet IL seems
interminable. 1 don't know when it will
end. In the meantime Cardozo, whether
he should or should not Dee deposed. is
N charge and drawing his salary"
Captain Oyster Disapproyes.
Captain Oys,er was quite emphatic in
expressing his disapproval Of the car
dozo petition, which he believed was
filed primarily for further delay. He
expressed himself as being much sur
pFised that Attorney Davis should have
taken this step, after saying 10 the
board when it adjourned last Wednes-
day that his side would be ready 20 pro-
ceed without delay ON Saturday after
noon.
Recitins the heated controversy over
the adjournment Of The board before il
completed the investigation on Wednes-
day he said, The defense al the time
stated 10 was impossible for them to
conclude the trial that night. but said
nothing about filing a technical petit
ton Of this kind in the meantime. and
Mr.. Davis promised he would have all
Witnesses ready ana proceed with the
trial today, attending a night session
II necessary. Now We are again stopped
1t Is growing very monotonous To me.
10 say the least OF it,"
Seen last night Captain OyEte- said
he was not familiar with ae legal as
poets of the petition. buJ hardly thought
that the court which appointed rhe
members OF the board by virtue of Con
gressional authority. would now revoke
its own action. ana declare the board
out of existence. which. Le says is ,he
puFpOrt OF the CardOZo prLi.ion. Captaiu
oyster spoke In "a wearied tone ana in
umdteQ that even should such A Eate
b6fall the board he would shed no tears.
However, he said, "Our saces are To
the front Ia this night. ana in We are
Snot II won De from the back
Mrs. Terrell Also Displeased.
Mrs. Terrell. another member of The
board. also expressed dlspleasurc that
further delay should nave arisen. as
she had broken an important engage
ment IN New York and returned TO
Washington expressly 20 aid Ia con-
Quoting the trial only to find it again
postponed.
The attitude OF ,he entire hoard seems
10 be that the matter should be con
Cluded at once. ana decided on IT'S
merits. in justice 10 all concerned. in
Guiding the schools. Tie COmpIainauts,
and the respondent, CardOZo.
Attorney Mcnamara, although declin-