The Washington times., 1907-03-10
Viii First Ask MandamuS
To Compel His Rein
statement.
Wishes to Get Damages
And Introduce All
Evidence.
Cap. Oyster Thinks Case
Ought to Have
Good Rest.

The Cardozo case IS by no means at
an end. It was learned last night THAI
early in the coming week the District
Supreme Court would again be appealed
10 and mandamUs asked, compelling
tue reinstatement Of CardOzO 10 his DO
sition as supervising principal Failing
in tins II is The intention Of CardOZo's
attorneys TO file damage suits against
each member OF the Board Of EduCa-
ton personally on the ground that his
conviction was illegal and without Cyl-
dence 10 support H. charging that by an
unjust decision CardozO has been de
prived Of his position and that his char
aCter has been injured.
This move the attorneys for Mr. Car
dozO viii make Tor a dual purp0se-that
of recovering damages against those
members who voted against him at the
tria! just ended and also TO bring before
the courts all OF the evidence. which Il
is claimed by his attorneys is not sufH-
civnt 10 Justify conviction. with this
opening wedge tho entire case could
| thus be reviewed by a court OF law. IL
Is claimed by Cardozo's counsel. and
this court could. if il saw 1T. declare the.
verdict unjust and vinsicate the de-
posed principal The damage suits
would then be heard on their merits
and from information obtained from
one Of Mr. Cardozo's Iega. advisers last
night. viii be pushed.
Conference on Monday.
AS announced exclusively in The
Times yesterday. Attorney Henry +
Davis. who withdrew from the case he
fore the board two weeks ago on ac-
count Of personal reasons. has re-
entered the case. and was in lengthy
conference yesterday with Attorneys
Cobb and Richardson. The next move
in the case was practically decided 1Iron
and final conference will be held on
Monday. when Mr.. Davis returns from
Philadelphia. The prayer for a writ OF
mandamus will follow in short order
Mr. Davis will appear IN connection
with the two other attorneys in ftffure
as the case from this time on will be In
the courts rather than before the board
Attorne. Cobb yesterday afternoon
announced that If the mandamus was
successful his client would be CON
tent TO be reinstated I'm his position ,s
he would regard this in itself a vindi-
cation Should the mandamus not nra-
vail il was positively stated that civil
action would be instituted and the mem
bers Of the baord would each have tn
answer individually to a suit for dam
ages.
1t viii be cortendeC that. In chara cter-
| izing Mr.. Cardozo as the author of the
anonymous letter attacking DIT Mont
gomery and the school system, this be-
ing the charge upon which he was found
guilty. the board members so voting
have made themselves liable for damage
/ to character and reputation. Cardozo
claims that he has been convicted on
suspicion rather than fact and that. fail
ing TO prove him responsible for th,,
letter, the board has unjustly robbed
him Of a remUnerative position. his good
name and the respect Of the public.
Mrs. Mussey Omitted.
It is understood that civil action will
not be taken against Mrs Nussev. she
being the one member Of the board To
vote for Cardozo's acquittaI on Friday
night
Future developments will be awaited
with interest inasmuch as counsel has
announced that the fight has just begun
in earnest.
Captain Oyster when seen last night
and informed Of this contemplated ac-
ton on the part of CardOzo's attorneys
declined 70 discuss the matter at this
stage Of the game.
1.-The board has received no official
notice Of any appeal being taken" said
Captain oyster, and we are, therefore.
rot in position 10 say anything. Per-
sonally. I have done my duty as I saw
it. and am not fearful Of any Of the con-
sequences which may follow Our vote
and dismissal of Cardozo last night. to
my mind, ends the matter so far as the
board is concerned. For the present I
desire to let the subject have a good
rest"