Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-24

Is WITHOUT aulnorlty IN law OF IN tact 0tner
to present or to try the alleged charges, for
the rea SCI, that the hoard, so called, Claims
and processes to have oeen appointed by the
Supreme Court judges of the District Of
Columbia under the certain act of the Con-
gress of the United States. known as public
act No. 2o4, approved June 20, 1906, which
act, In so far as it processes to provide for
the appointment of the board, a. unconst-
tutional and void, in that it undertakes to
vest in branch or members of the judi
ciary department of the United States the
appointment of officers executive in their
character and having no place in or relation
to the said judiciary branch"
The plea of Francis L. Cardozo followed,
for judgment. whether he ought to make
any other or further answer in the prem
ises and that he be hence dismissed"
On motion of Attorney Mcnamara this
objection of Attorney Davis was overruled
by vote Of the board.
Another Objection.
Mr.. Davis then offered another objection,
embracing the motion under rules 90. %.
90, g. and So of the Rules of the Board of
Education of the District of Columbia, that
the charges, together with their specifica-
tons, be dismissed as uncertain, vague and
insufficient in either law or fact
In support of this motion it was alleged:
There is no such offense known to the
law or to the rules and bylaws of the
board of education of the District of CO.
iumbia as conduct unbeeoming a supervis-
ing principal and there is no law or rule
defining the acts constituting such conduct,
and the allegation of such conduct on the
part of the respondent fails to inform him
with what acts he is charged as constitut-
ing the conduct aforesaid.
There Is no provision of rules in respect
of which the specification of the charges
sets forth any alleged offense on the part
or the respondent.
"The charges do not, nor does any one of
them, allege against the respondent any act
or acts anywhere or by any authority de-
nned to be conduct unbecoming a supervis-
Ing principal.
Wherefore the respondent says the
charges and specifications are and each of
them is wholly insufficient, either in law or
IN fact, and that he ought not to be re-
swer thereto, and prays that he may be
hence dismissed
This was also overruled, and Attorney
paws entered formal plea of not guilty
for his client.
Points Discussed.
Attorney Davis remarked that the ap-
pointment of Principal Cardozo "antedates
the appointment of this board
Mr.. Mcnamara said the board had the
right to overrule objections
Mr. Davis replied it was not his purpose
in offering the objections to have the board
declare itself out of existence
Secretary Connor testified that Cardozo
took the oath of Office September IL 1905
Alien u Albert, jr., an editorial writer on
the Washington Times, who received the
anonymous letter rejecting upon Assistant
superintendent w. S. Montgomery and GER
tain colored teachers, alleged to have been
written by CardoZo, testified that the letter
was left upon his desk by some person to
MIN unknown, and that a1Ier reading it he
sent It, from sense of duty the same day
to Superinte ldent Chancellor Mr.. Albert
was unable to fix the date of the receipt of
the letter further than to say that he
thought 1t VS. some time during the latter
part OF September or the first of October.
Mr.. Chancellor a Witness.
superintendent Chancellor, who had oc-
cupied seat at the head of the long
table, behind which sat the nine inquisi-
tors, was next called to the witness chair.
He was asked if he was the superintend-
ent of public schools in September last.
L suppose so,'' he replied, rather CURLY.
Speaking of the anonymous communica-
ton, DR.. Chancellor said he received the
letter during the month of September.
WITHIN an hour after it's receipt he cent
for DR.. Montgomery, assistant superin-
tendent of schools, and asked him if he
knew who wrote it. Within the next two
weeks he made an investigation, at the
asked him if he knew who wrote it. Car
dozo replied that he did not.
Dr. Chancellor also testified that at that
time he had received several commnnica
tons from Cardozo and that he had been
struck by the characteristic pecuiarities
of the handwriting. The same peculiarities
appeared in the anonymous letter. Dr.
Chancellor asserted that at meeting he-
tween himself and the accused supervisor
about the middle of October Cardozo ad-
mitted that he held the views expressed
and said that they were also held by
number of the colored people,
When asked as to whether he could rao
ognize the handwriting of Cardozo Super-
intendent Chancellor said he believed he
could because of it's marked individual
ity.' '' ~ ''''-
1T is not a standard handwriting," he
added, but is individualistic.''
He was handed the anonymous communi-
catIon by Attorney Mcnamara, who asked:
DO you know who wrote this letter."
Identified as Cardozo's.
1T is in the handwriting of Francis L.
Cardozo,' was DR.. Chancellor's quick reply.
Cardozo, he added, had informed him that
the views expressed in the letter were held
by him CCardozo) and by many other col
ored teachers. Cardozo had characterized
DIR. Montgomery as "a ruin to the colored
schools" Cardozo also admitted the
startling resemblance between his own
handwriting and that of the anonvmo,s
letter. He also informed me he was a can
ddate for the position of assistant suner-
fntendent of public schools, the Mace now
held by DR.. Montgomery
W. S. Montgomery's Testimony.
The next witness was Winfield Scott
Montgomery, colored assistant superin
tendent of colored schools, testified that he
was morally certain and satisfied that
the handwriting in the anonymous letter
was that of Cardozo, with which he was
familiar. He also testified that the condi-
ton of the schools at that time was one of
general unrest and described the state
OF mind of the teachers as "panicky."
DR.. Montgomery, in describing the "pan-
1cky' feeling that prevailed in the public
schools following DR.. Chancellors APPOINT
ment as superintendent, said:
1t was feeling of unrest The teachers
felt that they were not safe"
"A feeling akin to anticipations of an
earthquake" suggested Attorney Davis. and
the auditors laughed.
Was it the installation of the new SUPER
intendent that caused the unrest? asked
Mr.. Davis.
1T seemed so,' was DR.. Montgomery's re-
ply.
''Or. in the language of the immortal
Albanian" added Attorney Davis, I'VE did
not know where we were at
A11onaI T~&o,x-s~-