Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-26
STARTLING MOVE
IN CARDOz0 CASE
ConstitutionaIity of Board of
Education Attacked.
AN ORDER TO SHOW CAUSE
Members to Appear in Court February
l, Next.
TRIAL PROCEEDINGS STOPPED
Text Of Petition Upon Which the
Court Took Action-Board in
Executive Session.
rRIAL PROCEEDINGS STOPPED

A startling climax was reached to.
day in the trial proceedings before
the board of education, which were
leveled at Francis L. Cardozo, on
blanket charges specifying a variety
OF alleged offenses, embracing "in-
subordination, disobedience of the
rules and regulations of the board,
and writing an anonymous COM
munication to a local newspaper"
The trial was brought to sudden
halt this afternoon when Attorney
Henry E. Davis, counsel for Car
dozo, caused to be served upon the
board of education, just as it was
about to resume its sessions, a
rule issued by Chief Justice Cla-
baugh, which requires the board to
show cause why it should not be re-
strained from proceeding or under.
taking to try Cardozo. 1t is made
returnable to the Supreme Court of
the District of Columbia Friday,
February I. Mr.. Davis application
for an injunction attacks the legality
of the board of education itself,
claiming that the District Supreme
Court cannot constitutionally make
such appointments.
Chief Justice Clabaugh of the District
Supreme Court today at the instance Of
Attorney Henry e. Davis, counsel for
Francis L. Cardozo. the supervising prin-
cipal of the thirteenth division Of the public
schools. whose trial by the board OF educa-
ton was to be resumed at noon today,
issued rule against George w. Baird and
the other members Of the board to show
cause Friday. February /. 1907. at the
opening Of the court or as soon thereafter
as counsel can be heard. why they should
not be restrained and enjoined from pro-
ceedng or undertaking to try Cardozo.
The order provides that a copy of the rule
shall be served on the members Of the
board on or before Monday next. 1t Is
understood that Attorney Davis directed
the order to be served when the board met
today.
The courts order is based on a petition
filed by Francis L. Cardozo. against Geo.
w. Baird, oliver M. Atwood. John +. Cook,
William v. Cox, Barton w. Everman, Jus
tina R. Hill. Ellen Spencer Mussey, James
F. Oyster and Mary c. Terrell The petit
ton attacks the cOnstitutionality of the act
of Congress approved June 20, 1906 which
provided that the board of education should
consist Of nine members. to be appointed
by the Supreme Court judges of the Dis
fricf Of Columbia
Congress, 1t Is claimed, is without author
ity to vest in judicial officers the appoint
ment Of a body whose functions are purely
executive or administrative. Another al.
legged fault in the legislation Is that there
exist no such persons as the Supreme
Court judges of the District of Columbia"
The petitioner also complains to the court
that the charges under which the board 10
attempting to try him are vague and un.
certain, and that the board is without legal
authority to conduct the trial
Text Of Petition.
The petition, after setting out the citi.
zenship Of the parties and the claim Of
the defendants that they are vested with
the control of the public schools of the Dis
trict as the duly authorised board of edu-
cation, reads:
by the pretended act Of the Congress
Of the United States the control Of the
public schools Of the District of Columbia
education, SO called. to consist of nine menu
bers, to be appointed by the Supreme Court
judges Of the said District, and thereafter
the said judges purported to appoint the
defendants members of the said board and
the defendants thereafter assumed to Or
ganize as the board. and since have been
and now are claiming to be the same under
the provisions of the pretended act.
by the pretended act II Is provided that
the pretended board Of education shat ap-
point one superintendent for all the public
- 0~l,, IL
shall have a seat n the board, and the
right to speak on all matters before the
board, but, not the right to vote; that the
board. upon the written Recommendation
of the superintendent, shall also appoint one
colored assistant superintendent for the
colored schools. who shall. under the direc-
ton of the superintendent. have sole c..arge
of all teachers. classes and schools In
which colored children are taught; that no
appointment promotion, transfer or dismiss
sal Of any director, supervising principal.
principal. head OF department. teacher or
of schools shall be made by the board. ex-
cept upon the written recommendation OF
the superintendent, and that when
teacher n on trial or being Investigated he
or she shall have the right to be attended
by counsel. and by at least one friend Of
his or her selection.
Chancellor's Appointment Cited.
Under and by virtue OF their pretended
authority the board Of education prior to
September 1. 1906, pretended to appoint as
superintendent for all the public schools In
the District one William e. Chancellor, who
assumed the office and who since has been
claiming to be superintendent and during
All the time one Winfield Scott MONTGOMERY
has pretended and assumed to be the coli
ored assistant superintendent for the col
ored schools of the District.
"The complainant. since September ].
1890, has been respectively teacher and
principal in the public schools, and he
proceeds to enumerate the various positions
held by him since that time.
"On january IA. 1907. Winheid Scott