The Washington bee., 1907-02-09
LOSES CASE.
COURT REFUSES TO ENJOIN

ing principal OF the Thirteenth DlVl-I
the District Board of Education, q
prevent it from trying him on charges
Of insubordination and conduct un-
becoming an officer of the schools.
The court dismissed the injunction
proceedings.
By the decision, the constitutional
ity of the act of Congress vesting
the appointment OF the members OF
the Board in the District Supreme
Court judges is upheld and the le-
gality of Cardozo's trial by the Board
is affirmed. 1t was said that the case
will be appealed.
In rendering his opinion throwing
the proceedings out of his court JUS
tice Gould said:
Il think this case should be dis
posed of at once, because of its I'M
portance and the questions involved.
Being one of the parties originally
responsible for the present Boards
appointment, I approach the case with
reluctance and some mOdesty.
If l had not believed the selection
of the Board of Education in the
manner prescribed by the act OF Con
gress was constitutional, | would not
have participated in its selection. /
have listened to the arguments here
in the attitude of one who would re-
quire the citing of some authorities
to change his opinion However, l
have given due weight to the argu-
mcnts advanced.
Il regard the question OF the con-
stitutionality OF the act Of Congress
prescribing the manner in which tht
Board of Education shall be appoint
ed as definitely settled afirmatiyely
by the decisions of the United States
Supreme Court, which held that the
Federal Circuit Courts could legally,
when clothed with authority so to do,
appoint supervisors of elections.
The Circuit Courts did exercise
this power and were sustained. 1t
occurs to me that there is nothing
judicial in the appointment of cleo
ton supervisors.
Il hold that it is not incone=uous
to vest in Judges appointed for life
and subject TO no ulteriOr influences
the power to appoint members of un-
paid boards or officers whose only
desire is the public veal, as is the
case with this Board of Education.
Too often the work of such boards
is subjected to unfair criticism, . d
their efforts are misunderstood and
unappreciated,
81 am in accord wit the idea that
there should be an absolute line of
demarkCation between the three CO.
ordinate branches OF government-ju-
dicial. legislative, and executive. We
have had almost all conceivable forms
Of government in this District. and
| take it that this IS an additional
I. reason for sustaining the constitution
ality of the act of Congress
Il have not read closely all the
charges of the specifications, but !
cannot doubt that among them is one
that. if proved, will warrant the re-
moval Of the accused from Office.
1t is not required Of a board that
in framing its charges it shall be 50
careful or specific as is necessary in
an indictment prepared by juries. All
that is necessary is such fairness and
: dcfniteness as will enable the accused
20 prepare his defense. ] think this
! has been done.
There IS another question involved
here-the lack of jurisdiction of this
court III this matter-and | have re
trained from refusing this applica-
ton on the ground of lack OF iuris-
/ d'ctiou only because the other quc<
lions came first as Of more general
Importance. I have not found a sin
gle authority that would justify this
court in assuming jurisdiction.
Il cannot see where this man (Car-
Gozo) would be irreparably injured
in a legal way by his trial before the
Board Of Education or his dismissal
II he IS removed without just
cause he can sue in civil action and
get relief Also, il he Is illegally tri-I
ed and dismissed, then the remedy IS
iy mandamus to compel his reinstate-
mcnt in his position That would be
adequate remedy in law.
Il therefore dismiss the rule as
-. Il p-,-I q L~l,,co4;o., orJ