The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-01-27
BOARD IS CONFIDENT
Education Officers Not WOr-
ried by CardOzO's Move.
SUIT STOPS THE HEARING
Admiral BAIRD Believes Court VIII
OverruIe Claim That the Body Is
UnconstItutionaI Because of the
Manner In which It Is appointed.
Case to BE Argued February 4.

Members OF the DOard OF euuCdLlOll.
upon whom a rule was issued yesterday
by Chief Justice Clabaugh, requiring them
to show cause why they should not be
restrained from undertaking to try Car
Gozo we're not at all pertuTbed last night
at the action OF Henry Z. Davis. and are
confident that the court viii finally deter
mine their constitutionality.
The move on the part of Cardozo's at
torney was not altogether unexpected by
the board, AS it was limited at the last
meeting by Davis that the legality OF the
board would be questioned in case his
client was dismissed.
All members Of the board were present
In the Franklin School building yesterday,
with the exception of Oliver VI. Atwood.
who was confined TO his home by Illness
As soon as Admiral Baird had called the
meeting to order Attorney Mcnamara
announced that Cardozo had yesterday
morning hled in the Supreme Court pc
titiOn in equity against the members Of
the board. alleging that II had no author
ity TO proceed In the trial of the case.
The bill argues that the board is without
power. for the reason that il claims to
have been appointed by the judges of the
Supreme Court Of the District, and that
the act Of Congress. in so far as it pro-
fesses TO provide for the appointment
OF the board is unconstitutional and void.
This is supported by the clause that. as
the court undertakes 70 vest In "A branch
Of the judiciary department. of the
United States the appointment Of Off
GERS executive In their character, but
having no relation 10 the judiciary. its
action is unconstitutional
Charges Are Vague.
Another claim advanced by Cardozo is
to the effect that the charges preferred
against him are of vague character and
insufficient in law OF fact. Further, that
the act Of Congress in so far as il pur-
ports 60 establish a board OF education
is unconstitutional in that the public
schools are part of the administrative or
executive system Of the District OF Co
lumbia. having no relation or connection
with the judicial system
A startling contention brought up oy
Cardoz0 is the claim that there are not
IN law any such persons as the Supreme
Count judges Of the District OF Columbia.
and that Congress would have no right
under tire Constitution OF the United
States t0 vest IN this Supreme Court the
appointment OF officers having no connec-
IiJn with the court OF the administration
OF justice I'm the District Of Columbia.
The petition also states that CarfozO is
not now and never has been subject to
the authority or Jurisdiction of the defen-
dants, and concludes with the plea that
the loss Of the position which ne now oC-
cupies would cause him 20 suffer irrepar-
able damage, financially as well as
TO his character. The case will come be
fore the court on February !, when each
member OF the board will be summoned
to appear.
DIR. Atwood III.
Yesterdays meeting would have been
postponed i'm any event as the ill
ness of Dr. Atwood. who had heard part
of the testimony, would have prevented a
fun trial board
After Mr. Davis coup he went away
smiling. and left the members Of the
board to discuss the matter among them
selves. Keen disappointment was eX-
pressed on all sides at the enforced delay.
which will cause the cancellation Of many
engagements.
Dr. Chancellor aside from saying that
he was sorry that the case could not he
speedily concluded, had no comment 10
make on the turn Of affairs, but left the
work OF deciding legal questions To the
attorney.
Admiral Baird. the president. expressed
the opinion that there was no question
as to the constitutionaIity of the board.
and that I'm his mind the court would
bear out his opinion. He saw clearly that
an adverse decision would practically leg
islate the board out Of existence or so
cirCumscribe its power as 10 make its
continuance useless.