Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-17
HEARING IN THE NALLE CASE
ARGUMENTS OF COUNSEL BEFORE
JUSTICE ANDERSON.
Petition for Writ Of Mandamus to Sc
cure Restoration to Force
Of Teachers.

Justice Anderson Of the Supreme Court
of the District of Columbia today heard
the arguments of counsel in connection
with the application of Miss Mary E. Nalle
for writ Of mandamus. the object being
to secure restoration to the force of teach
ers of the NJ Street High School. Attorneys
John c. Giddings and Richard r. Horner
appeared for Miss Male, and Assistant
United States Attorney Stuart Mcnamara
for the board of education.
In opening the case for the petitioner
Attorney Giddings referred to the Cardozo
case, with the statement that he under
stood that the court had previously ruled
that members of the teaching force of the
public schools were continued in Office by
virtue of the act of Congress and without
being required to submit to examination.
mental or physical, to establish or re-
establish their qualifications.
On Written Recommendation.
ut is distinctly specified that no teacher
can be dismissed except upon written rec
concentration of the superintendent OF
schools" counsel remarked, land yet we
find before the school year had started
before Miss Male was in direct contact
with any member of the board-before the
superintendent of schools was in any way
enabled to observe her demeanor capa-
bility in teaching her classes, she was dis
missed and no reason was given, no OPP
portunity was afforded for hearing, and
the simple statement made that the dis
missal was for the good of the service "
Mr.. Giddings also referred to the letter
written to Mrs NJ. V. Lghtfoot from
which he quoted Superintendent Chancellor
as stating Miss Male was dismissed, as
she knows, contrary to my wishes.
Mentioning again the specification in the
fn h
nit to examination to be continued in the
service, Mr.. Gddings said that the board
Of education declared in its dismissal of
Miss Nalle that upon examination 1t was
found she was inefficient
Alleged Arbitrary Stand.
According to this arbitrary stand the
attorney asserted, lit would be possible for
the members of the board to constitute
themselves private investigators. to con-
duct an examination behind the back of
any member of the teaching staff, and by
star chamber proceedings throw any one
out of the service
Mr.. Giddings contended that "examina-
ton and 'nvestigation'' are synonymous
terms, and he ridiculed the statement of
tnS BOARD OF education that it conducted no
Investigation and yet upon examinat ton
found Miss Male inefficient" He also
quoted from the committee report on a bill
introduced in Congress near the end of the
ScSSto-! anu Iettu from the committee hear
ing the answer made by Representative
Greene to a question asked by James F.
oyster o. the board of education to the
effect that I'VE the Congress) did not be-
heVe the board of education should indis-
criminately dispose of teachers without Civ
ing them opportunity to be heard
Reply by Attorney Mcnamara.
Mr. Mcnamara, in answering for the
board of education, refuted 1.-THE attempt
OF counsel for Miss halle to confuse the
terms examination and investigation
Teachers are undoubtedly entitled to the
benefit CT trial or investigation whenever
they are charged with any offense or moral
cehnquency or accused of any violation of
the rules and bylaws Mr. Mcnamara
salu, 'But 1t is against the reason Of thing s
10 argue that when they are examined in
STANDPOINT of their records of teaching anfi
their competency as teachers, that they are
entitled to a public trial or investigation.
represented by counsel =
+ II that was so, it would follow that
every time the superintendent or any su-
perior officer came to the class room Of a
teacher to observe her work and examine
her method or teaching she would be obliged
TO nave her counsel and a friend present.
me law intended that a teacher should
not be deposed so long as she remains com
petent for any charge unless such allesa-
ton has been publicly established by trial
and investigation. That is the purpose of
the act.
TO hold that more ismeant by the act
would give the teachers a tenure of office
superior to the civil service Teachers
might become deaf paralyzed, and vet
could not be dismissed without the absurd-
lty and the humiliation of trial on the
charge OF physical infirmity."
Mr.. Mcnamara asserted Miss NaIle was
not dismissed because of any charge but
solely because she was found by the board
OF education to be incompetent
Al the conclusion of the arguments IrS
uce Anderson took the case under advise
ment.