Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-05
ITS AUTHORITY
UPHELD BY COURT
ConstitutionaIity of Board Of
Education Sustained.
OPINION BY JUSTICE GOULD
Declares That Trial of F. L. Cardozo
May Proceed.
RULE TO SHOW CAUSE SET ASIDE
Text Of Opinion Given by Court in
Declining to Sign Restrain
ing Order.
RULE TO SHOW CAUSE SET ASIDE

Fully sustaining the constitutionality Of
the board Of education as it exists at the
present, and affirming its power to pro-
coed with the trial of the case, Justice
Gould, sitting in Equity Court No. 2 today.
dismissed the rule to show cause, and re-
fused to sign the temporary restraining or
der, as prayed for by Francis L. Cardozo,
supervising principal, against the board Of
education.
Answering a contention by counsel for
Cardozo that he had been put to great
expense already to collect his salary and
to maintain his position, the court said:
1T seems to me that you have gone to
great expense to compel the board of edu-
cation to grant trial Of your case, and
now you come forward with the declara-
ton that there is no board to sit in judg-
ment or give trial"
Justice Gould's Opinion.
In announcing his finding in the case JUS
tice Gould said. in part:
"Of course. being one of the parties re-
sponsible for the creation of this board of
education, approach a decision concerning
the legality of its acts and Of its right to
be continued in power with modesty At
the time the board was chosen I gave due
consideration to the constitutionality Of the
act of Congress by which its creation was
authorized, and II had believed there was
any doubt as to the power Of Congress to
place the appointing power in the Supreme
Court of the District I would never have
been party to the selection Of the mem
bers of the board.
II have listened to the arguments Of
counsel for the plaintiff. and cannot see
that precedent has been offered to show
why this court should step in and declare
that certain action shall not be taken by
the board of education when there Is moth.
ing to show that the board contemplates
such course.
II regard the question of the eonstitu-
tionality Of the act creating the board of
education as fully settled" (and Justice
Gould cited precedent which vested the
appointment of a board Of elections in q
was subsequently upheld by the highest
courts).
ut is not incongruous for the judges Of
the Supreme Court Of the District Of CO.
lumbia, who are appointed practically for
life and who are under obligation to no one
or no thing, to appoint this body of men
who serve as the board of education without
pay and animated by no desire save that of
furtherance of the public sweal. This Dis
trict has had many different forms of gov
eminent. and the powers now conferred
upon the three Commissioners are both
executive and judicial. This Is an added
reason why feel satisfied concerning the
constitutionality Of our selection Of the
board of education.
Second Specification.
{ with reference to the second charge or
specification would only say that Is is not
required OF boards or clubs that they hold
SO strictly to the letter Of the law when
IL comes to the preparation Of charges
against any person or member. 1t Is only
be set out with sufficient clearness to be
fully understood by the Defendant ksss