Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-05
CARDINAL ON THE Col BY COURT OF APPEALS
Loqe Prmate of Ireland Removal of Teacher by Board
Guest in This City. of Education Sustained.
TAKES SIGHTSEEING TRIP miss MALES PLEA DENIED
University Of Amer Sustained in Russell
lea for Luncheon. Against District Of Columbia.
RECEPTION WHITE HOUSE STATUS OF OFFICER
Company for
for Remainder of Injuries
Stay Here Damage Decision.
Removal of Teacher by Board
of Education Sustained.
MISS MALES PLEA DENIED
Lower Court Sustained in Russell
Against District Of Columbia.
STATUS OF A POLICE OFFICER
Liability Of Railroad Company for
Injuries Sustained by Passenger.
Damage Suit Decision.

Injuries Sustained by Passenger.
Damage Suit Decision.
The action of the board of education IL
removing Miss Mary E. Male. teacher
in the public schools. without giving ner
trial. was today sustained by the DIS
trict Court of Appeals in an opinion by
Mr.. Justice Van Orsdel. Miss Male
sought by mandamus proceedings to COM
pei her reinstatement. but the writ was
denied by the District Supreme Court
This judgment was today affirmed by the
Appellate Court.
It is not the duty or prerogative of the
courts, declares Justice Van Orsdel. to
interfere by writ OF mandamus with the
board in the exercise of its discretion In
matters pertaining to the control and
management of the public schools OF the
District unless there is such a gross abuse
| of discretion as amounts to total lack
of authority to act. The extraordinary
writ of mandamus will not be granted to
correct mere errors of judgment COM
mitted by the board. 80 long as It acts
But One Issue.
The sole question to be decided. the
court declares, is whether or not the
board had power to make an inquiry as
ito the teachers professional quail
fications and dismiss her, without
| according her a hearing as provided
in section 10 OF the act. There
is every reason. 1t is declared. why a
| teacher should not be appointed or dis
| missed except upon the Recommendation
OF the superintendent, who is ex-officio q
member of the board. He was undoubt
| eddy placed In this position" says the
at the meetings Of the board and advise
| 1t Of the condition of the schools, the
qualifications Of the teachers and make
recommendations from time to time look
ing to the improvement of the schools.
The statute does not contemplate that
the board shall convert itself into a court
to try the questions involved In these
recommendations before passing upon
them. The statute in broad terms. places
the general control Of the schools within
| the board"
The court declares that to hold that be-
fore a teacher may be dismissed from the
service for lack of professional qualifica-
! tons. specific charges must be filed and
trial had. counsel present AND witnesses
examined would convert the Board into q
quasi-judicial body and to large extent
! limit it in the exercise of it's administra-
| tive discretion. Congress never so intend
| ed 1t is asserted.
The superintendent and the board to-
gether, 1t Is declared, have the right to
pass upon the professional qualifications
| of teachers and the board has the right to
dismiss them If found inefficient. This
applies to old teachers as we'll as to new
ones appointed after the act. The pro-
vision for the trial in section 10 Is de-
clared to be entirely separate and does
not relate to examinations.
Lower Court Sustained.
The Court of Appeals today affirmed the
judgment of the lower court in the case of
Howard c. Russell against the District
Commissioners directing the enrolling Of
Russell in class Of the metropolitan po-
lice force as Of July 1, 1905.
Russell was appointed as a private Jam
uary 6. 1903 aud claimed that under the
provisions of the act approved June g.
1905, providing that privates serving for
| more than three years shall be promoted
to class 2. which carries with 1t an In
| crease In salary. 1t was commended by the
Commissioners that Russell. having served
| as desk sergeant for short time, was
reduced in rank and that when he was
assigned to duty as bicycle officer July
l, 1908. he was elevated in rank and that
each change was successfully. a new ap-
pointment, and for that reason the three
years necessary for his promotion should
commence to run from July l, 1905.
| 1t was held by the court that the facts
showed only one appointment, which oc-
CURED when Russell originally entered
| the force, and that the change Of duties
cannot be regarded as new appointment;
| tina. there was q reduction in the salary
of petitioner merely when he was made
desk sergeant. and his subsequent as
signments were mere promotions. The
opinion of Mr.. Justice Anderson. who
heard the case In the lower court.
Congress intended by the act to awak-
en- ambition in the ranks of the met
the general service by providing for adj
/ vancements, stagnation in the ranks be-
ing regarded as detrimental to the serv-
Ice. The scheme of advancement pro-
vided to effectuate this end was simply
that in all cases where the conduct and
intelligent attention to duty of any pri-
vate shall justify he shall, after three
years service as such private. be pro-
NOTED to class (class ! being the pri-
ice for the specined time should entitle
him to be promoted to class g. Congress
simply meant by this that no present
member of the metropolitan police force.
% orce ha rev asS been ssd , member Of the
or had been dropped out Of the force.
should have credit for the period OF his
service In the force under former and
expired original appointment"
| This case awakened considerable inter-
est in police circles, as 1t Is understood
a number Of officers were situated sim
| ilarly to Russell. The outcome of the
proceeding in the Court of Appeals has
been anxiously awaited.
Liability Of Railroad Company.
| A railroad is liable for injury to a pas
senger sustained from defective equipment
on a connecting line where the railroad
on which he bought ticket did not run
to the passengers destination. according
to an opinion of the District Court Of Ap.
peals. rendered today by Mr.. Justice
Robb.
William Blatcher hired a car to trans
port cattle, and went with the cattle TO
| care for them. The train stopped, ana
Blatcher left the car to get water for his
charges. In attempting to re-enter the
car he grasped q hasp. which. being dc-
fective gave way, ard he was thrown
and injured. He sued for damages.
/ The lower court gave a Judgment IN
| favor Of the railroad company and this
judgment is reversed by the appellate
| court. Mr.. Justice Van Orsdel dtssented.
The Appellate Court also aMrmed the
| judgment of the lower court In favor of
the National Metropolitan Bank In the
suit Of the Central National Bank to re-
cover 81. 049. Is on q check declared to have
| been forged. The opinion Of the Appel
late Court was written by Chief Justice
| Mho ,,ara,ct of i,,rv in the Probate