The Washington times., 1907-01-26
Declares They Have No
Right to Sit As His
Judges.
Adverse Decision Will
Mean the Death of the
Educational Body.
Hearing IS Postponed
Until District Supreme
Court Gives Decision.

The trial Of Francis l.. Cardoz0. which
Was adjourned on last Wednesday after
noon 10 be resumed by the Board OF
Education at noon today, was sum
Lnariiy halted by Cardozo.
Before any motion was put, Attorney
Stuart Mcnamara, for the board, an
uounced that Cardoz8 had this morning
filed in the District Supreme Court q
petition ia equity against the members
uf the board, alleging that IL had no
authority 10 proceed with the trial of
the case.
Mr. Justice Claybaugh had announced
that this petition would be heard on
Friday next Inasmuch as ,he board is
a creation OF the District Supreme Court
Mr.. Mcnamara stated that while il was
not imperative that the trial be halted
he believed IL proper that the board
should not attempt 20 proceed
with the trial until the court had hand
ed down a decision on this petition OF
the respondent. which virtually par
took OF the nature OF an injunction II
was therefore moved 10 adjourn until
Monday week az S1.ae.
Aims at Boards Existence.
CardozO's petition in equity seeks
practically to declare the Board OF ed
ucation cut OF existence. He recites
among other things thar they 'claim
and profess to be Ia control OF the Dis
triet schools under aud by virtue of a
certain pretended act of Congress known
as public act No. 254. purported 10 have
been approved June % 1896"
He further alleges that under this
pretended act the judges OF the Dis
tnet Supreme Court were given the au-
thOrity 70 name the 'm9mhers of the
board. and that the judges forthwith
named the nine members of the board
who are made defendants t0 the peti-
don and that Jhe defendants there
after assumed and undertook 20 organ
ize and have been since claiming 10 be
IN authority"
He further Tecites that this pretend
ed board appointed William E. Chan
oellor as school superintendent and
winfield Montgomery as assistant su-
psrtntendcnt Of cOlOred schools This
brings the complainant up 10 the time
nf the charges. but before demurr1ng 20
Them he recites that he has been en-
pl0yed IN various capacities in the
schools since 1ss0 is capable ana has
given satisfaction.
The point Is made that the rules and
bylaws he IL alleged 10 have violated -
-, CO, Sc, and s.. were adopted before tho
present board took control
Attacks Jurisdiction.
lie then refers 20 his demurrer made
at the trial last Wednesday attacking
the jurisdiction of the board, and re-
rerrins to the act under which the pres
ent beard was created SAYS: That the
said act in so FAR as il Processes to pro-
vide for the appointment OF said board
is unconstitutional and void, In that IL
undertakes To vest in branch or menl-
bers OF the judiciary Department of the
United states the appointment of Off
GERS executive in their character. but
having no place IN or relation 10 the
said judiciary branch" IL is further
alleged that the school system is a part
0f the administrative or executive
branch OF the District and has no CON
nectiOn with the judiciary, and the aeg
80 providing Is Illegal
The petition closes with the prayer
that the defendant board be enjoined
Tor tFylns Cafdozo upon the charges
preferred and that IL also be restrained
from claiming TO be OF acting as the
Board OF Education, and that the COM
plalnant's position as supervising prin-
cipai be not interfered with.
None OF the members OF the board
cared 10 discuss this latest phase OF the
matter except 10 state that the case
seemed 10 be an interminable one, and
became more complicated with each
step.
Should the courts finally uphold the
Cardozo petition, ia one sense of the
word il must declare the present board
Illegal and out OF existence. the tenor
Of the petition apparently being to this
end.
Tne members OF the board are each
required TO appear before the District
Supreme Court On Friday next and
make formal answer TO the prayer of
CardOzO, petitioning that the existence
fthe board be declared void and H.
legal ana without authority 20 hear the
charges preferred against him or TO
otherwise act In school matters