Administrative Hearing Of William McAndrew
   HOME

TheInfoList



OR:

On August 29, 1927,
Superintendent of Chicago Public Schools Chicago Public Schools is headed by a Chief Executive Officer (CEO) appointed by the mayor of Chicago. Currently serving as CEO is Pedro Martinez. This job is equivalent to a superintendent, and, before 1995, the occupant of this office was known ...
William McAndrew William McAndrew Jr. (August 20, 1863 – June 13, 1937) was an American educator and editor who served as Superintendent of Chicago Public Schools in the 1920s. McAndrew was, for a time, one of the best-known educators in the United States. ...
was suspended from his position by the
Chicago Board of Education The Chicago Board of Education serves as the board of education (school board) for the Chicago Public Schools. The board traces its origins to the Board of School Inspectors, created in 1837. The board is currently appointed solely by the mayor ...
pending an
administrative hearing In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee. Description A hearing is generally distinguished from a trial in that it is usually shorter and o ...
by the board, being charged with "
insubordination Insubordination is the act of willfully disobeying a lawful order of one's superior. It is generally a punishable offense in hierarchical organizations such as the armed forces, which depend on people lower in the chain of command obeying orders ...
" for opposing a school board action that he believed would amount to reviving
patronage Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows on another. In the history of art, arts patronage refers to the support that kings, popes, and the wealthy have provided to artists su ...
in the school system. The administrative hearing, which was widely dubbed a "trial", was to determine whether he was guilty, and should therefore be removed from his office. The administrative hearing, which attracted great national media fascination and derision, took place over the course of several months, and saw McAndrew tried for counts of insubordination, and an additional count of conduct incompatible with and in violation of his duty (stemming from allegations of unpatriotic actions). The hearing was effectively a
show trial A show trial is a public trial in which the judicial authorities have already determined the guilt or innocence of the defendant. The actual trial has as its only goal the presentation of both the accusation and the verdict to the public so th ...
. After the first several weeks of the hearing, McAndrew and his legal team refused to attend any further sessions and he was
tried in absentia Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings. is Latin for "in (the) absence". Its meaning varies by jurisdiction and legal system. In comm ...
. The school board found McAndrew guilty by an 8–2 vote on March 21, 1928. In December 1929, the
Superior Court of Cook County The Superior Court of Cook County was a court in Cook County, Illinois. It was preceded by earlier courts. 1845 saw the creation of the County Court of Cook County. In 1849, this was renamed The Cook County Court of Common Pleas. In 1859, this was ...
voided Void may refer to: Science, engineering, and technology * Void (astronomy), the spaces between galaxy filaments that contain no galaxies * Void (composites), a pore that remains unoccupied in a composite material * Void, synonym for vacuum, a s ...
this, ruling that McAndrew had not been insubordinate, and that the school board had no authority to charge McAndrew for being "unpatriotic". The administrative hearing came following a reshaping of the Board of Education with appointments made by
William Hale Thompson William Hale Thompson (May 14, 1869 – March 19, 1944) was an American politician who served as mayor of Chicago from 1915 to 1923 and again from 1927 to 1931. Known as "Big Bill", Reynolds, Paul (November 29, 2009)"US-UK 'Special Relationshi ...
in the months after he took office in 1927. During his successful campaign against then-incumbent mayor
William Emmett Dever William Emmett Dever (March 13, 1862 – September 3, 1929) was the mayor of Chicago from 1923 to 1927. He had previously served as a judge and before that an alderman. As an alderman and judge he would work to become the Democratic candida ...
in the
1927 Chicago mayoral election The 1927 Chicago mayoral election was held on April 5, 1927. Democratic Party (United States), Democratic incumbent William Emmett Dever was defeated by Republican Party (United States), Republican candidate William Hale Thompson, who had served ...
, Thompson had promised to oust McAndrew. During the campaign, Thompson had made regular allegations that McAndrew was a British agent sent by King George as part of a grand
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
to manipulate the minds of American children and set the groundwork for the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
to repossess the United States, with Dever being in on this alleged plot. Thompson's allegations came amid a national wave of anglophobic attacks on
textbook A textbook is a book containing a comprehensive compilation of content in a branch of study with the intention of explaining it. Textbooks are produced to meet the needs of educators, usually at educational institutions. Schoolbooks are textboo ...
s. After Thompson was elected mayor, he sought to quickly oust McAndrew, who had nine months left before his contract as superintendent expired. State law stated that the Chicago Board of Education could only dismiss McAndrew after an administrative hearing before the board.


Background

William McAndrew William McAndrew Jr. (August 20, 1863 – June 13, 1937) was an American educator and editor who served as Superintendent of Chicago Public Schools in the 1920s. McAndrew was, for a time, one of the best-known educators in the United States. ...
had been appointed
superintendent of Chicago Public Schools Chicago Public Schools is headed by a Chief Executive Officer (CEO) appointed by the mayor of Chicago. Currently serving as CEO is Pedro Martinez. This job is equivalent to a superintendent, and, before 1995, the occupant of this office was known ...
in 1924 by a
Chicago Board of Education The Chicago Board of Education serves as the board of education (school board) for the Chicago Public Schools. The board traces its origins to the Board of School Inspectors, created in 1837. The board is currently appointed solely by the mayor ...
that had been reshaped by reform-minded mayor
William Emmett Dever William Emmett Dever (March 13, 1862 – September 3, 1929) was the mayor of Chicago from 1923 to 1927. He had previously served as a judge and before that an alderman. As an alderman and judge he would work to become the Democratic candida ...
's appointees.Herrick, p. 143 The schools had been tarnished by mismanagement under Dever's predecessor
William Hale Thompson William Hale Thompson (May 14, 1869 – March 19, 1944) was an American politician who served as mayor of Chicago from 1915 to 1923 and again from 1927 to 1931. Known as "Big Bill", Reynolds, Paul (November 29, 2009)"US-UK 'Special Relationshi ...
. During his tenure as superintendent, McAndrew was a polarizing figure, facing tense criticism from teacher's unions and others for some of the reforms he fought to implement, but also receiving national praise. In the 1920s, the United States experienced a wave of anglophobic criticisms in the of textbooks being "pro-British" and "unamerican". Among the leading forces of these criticisms was the
Knights of Columbus The Knights of Columbus (K of C) is a global Catholic fraternal service order founded by Michael J. McGivney on March 29, 1882. Membership is limited to practicing Catholic men. It is led by Patrick E. Kelly, the order's 14th Supreme Knight. ...
.


William Hale Thompson's attacks on McAndrew during the 1927 mayoral election

During his successful 1927 campaign against incumbent Democratic mayor William Emmett Dever,
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
nominee William Hale Thompson (the former mayor) alleged that McAndrew was a British agent sent by King George as part of a grand
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
to manipulate the minds of American children and set the groundwork for the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
to repossess the United States, and accused the "left-handed Irishman" Dever of being part of the plot. Thompson based these claims on McAndrew being critical of such artworks as Archibald Willard's ''The Spirit of '76'' and allowing the use in schools of textbooks which Thompson alleged were unpatriotic and full of, "treason tainted histories". Thompson's attacks on McAndrew were a major factor in his successful mayoral campaign. Thompson accused McAndrew of conspiring with the
University of Chicago The University of Chicago (UChicago, Chicago, U of C, or UChi) is a private research university in Chicago, Illinois. Its main campus is located in Chicago's Hyde Park neighborhood. The University of Chicago is consistently ranked among the b ...
's
Charles Hubbard Judd Charles Hubbard Judd (February 20, 1873 – July 18, 1946) was an American educational psychologist who played an influential role in the formation of the discipline. Part of the larger scientific movement of this period, Judd pushed for the us ...
and
Charles Edward Merriam Charles Edward Merriam Jr. (1874–1953) was an American professor of political science at the University of Chicago, founder of the behavioralism, behavioral approach to political science, a trainer of many graduate students, a prominent intellec ...
to "destroy the love of America in the hearts of children by encouraging teachers to attend special classes at 'Chicago University' at which the text was used which pictured George Washington as a rebel and a great disloyalist."Herrick, p. 167 Thompson was not a lone actor in publicly painting McAndrew as unpatriotic. In 1926, the "Citizens' Committee on School Histories", a group led by
far-right Far-right politics, also referred to as the extreme right or right-wing extremism, are political beliefs and actions further to the right of the left–right political spectrum than the standard political right, particularly in terms of being ...
ex-
United States congressman The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...
John J. Gorman (and consisting largely of members of German and Irish descent), published a document that denounced three United States history textbooks that were in use in Chicago Public Schools as pro-British, and argued that heroes of other nationalities had been overlooked by the books in numerous instances. It also demanded that McAndrew remove from the school curriculum a list of books they alleged were "pro-British". While Mayor Dever brought this document to McAndrew's attention, McAndrew did not give it any concern. In 1927, Thompson would add the report published by this group to his campaign literature. Additionally, at the City Council's first meeting after McAndrew made a remark criticizing Archibald Willard's ''The Spirit of '76'' for not being an accurate picture of war, Alderman John Coughlin denounced McAndrew's comments as being traitorous, and proposed an ordinance to denounce McAndrew. However, Alderman William D. Meyering, a decorated veteran of
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, stood up and stated that he actually agreed with McAndrew's statement, which served to quash the momentum of Coughlin's ordinance. Among the textbooks that Thompson criticized as unpatriotic were ''A History of the United States'' by Willian Fiske Gordy, ''Our United States'' by William Backus Guitteau, and ''The Silent Reader'' by Albert Lindsay Lewis and William D. Rowland. Former president of the Chicago Board of Education Charles Moderwell, who had served during the earlier part of Dever's mayoralty, argued that textbooks which Thompson attacked as being unpatriotic had actually been approved by the school board Thompson had appointed during his previous mayoralty. Indeed, the school's history textbooks had not been chosen by McAndrew but had rather been chosen by his predecessor. Thompson made the campaign promise of appointing, "a
patriotic Patriotism is the feeling of love, devotion, and sense of attachment to one's country. This attachment can be a combination of many different feelings, language relating to one's own homeland, including ethnic, cultural, political or histor ...
school board...who will rid the city of Superintendent McAndrew," and "his pro-English 'yes' men and women". He faulted Dever and Democratic
political boss In politics, a boss is a person who controls a faction or local branch of a political party. They do not necessarily hold public office themselves; most historical bosses did not, at least during the times of their greatest influence. Numerous off ...
George E. Brennan as responsible for McAndrew's hiring. Thompson also complained of there being a large number of pro-British books populating the city's libraries, and urged the residents to pillage the libraries and burn such books.


Possible motives

While it is not clear why Thompson chose to single-out McAndrew for such attacks, in a 1980 journal article, Dennis F. Thompson speculated that Thompson might have chosen McAndrew as an enemy, in part, due to McAndrew being a force against political
patronage Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows on another. In the history of art, arts patronage refers to the support that kings, popes, and the wealthy have provided to artists su ...
in schools, as well as due to McAndrew's ties to Dever. Another aspect that Dennis F. Thompson speculated may have been a factor was McAndrew's unpopularity with teachers. Dennis F. Thompson argued that there is strong evidence that teachers, indeed, very actively backed Thompson's candidacy in hopes of ousting McAndrew. Additionally, Thompson had, in the past, already appealed to the city's
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...
and
Irish Irish may refer to: Common meanings * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ***Éire, Irish language name for the isle ** Northern Ireland, a constituent unit ...
populations by positioning himself as anti-British. A 1968 report by Robert J. Havighurst expressed the belief that Thompson was taking advantage of the situation created by McAndrew's combative relationship with teachers unions and the
Chicago Federation of Labor The Chicago Federation of Labor (CFL) is an umbrella organization for unions in Chicago, Illinois, USA. It is a subordinate body of the AFL–CIO, and as of 2011 has about 320 affiliated member unions representing half a million union members in C ...
. In addition, Thompson effectively made a liability for Dever what ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' considered to be his mayoralty's greatest success. ''The New York Times'', on March 28, 1927, wrote, The ''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'' speculated that Thompson had removed McAndrew in order to clear the way for his
political corruption Political corruption is the use of powers by government officials or their network contacts for illegitimate private gain. Forms of corruption vary, but can include bribery, lobbying, extortion, cronyism, nepotism, parochialism, patronage, in ...
to extend into the city's schools, writing in December 1929,


Developments in the initial months of Thompson's mayoralty

Having won the 1927 mayoral election, Thompson was sworn in as mayor on April 18, 1927. In his inaugural address, Thompson declared, At the time, McAndrew still had nine months left in his contract as superintendent. Thompson was impatient to get rid of McAndrew. On April 27, a private group with close connections to Thompson offered McAndrew $15,000 if he would resign as superintendent, but McAndrew refused to on principle. On May 25, J. Lewis Coath was elected by the Chicago Board of Education as the board's new president. Coath was Thompson's personally-backed candidate for the job. Coath, as a board member, had spent months as a top foe to McAndrew. The board voted to select Coath by a 6–3 vote, with 3 of the votes in Coath's favor coming from board members that had originally been appointed by Dever (the three votes against his appointment also came from Dever appointees). However, the three Dever appointees who voted in support of electing Coath president of the board made it known that they would not back ousting McAndrew as superintendent. In July, Coath stated that the "bunk shooting educator" McAndrew was barely grasping onto his position and was promising that he would be ousted before the start of the new school year in September. After becoming mayor, Thompson appointed former U.S. congressman John J. Gorman as a special assistant corporation counsel, with the assignment of looking through school textbooks for lies and distortions. Gorman, who was considered to have been an anglophobe, would reach the conclusion that books used by Chicago Public Schools were "poisoned" with British dogma, and that the British were taking over America, "not by shot and shell, but by a rain of propaganda." On the Chicago Board of Education, member Otto L. Schmidt was made chairman of a committee to investigate the history textbooks taught in the city's schools.


McAndrew's suspension by Chicago Board of Education

State law stated that McAndrew could only be dismissed by the Chicago Board of Education after an administrative hearing by the board, which would need to be held no less than thirty days after charges would be brought against him. By August, reshaped by appointments Thompson had made to it, the Chicago Board of Education was moving under Thompson's influence. Thompson had been able to gain control so quickly due to the resignations of a number of board members, as well as threats made to remaining members. A majority vote against McAndrew had been assured in August by the switch of Dever appointee Theophilus Schmid to an anti-McAndrew position. Since 1909, the Chicago Public Schools' school clerks had simply been certified teachers who were assigned clerical duties. However, in April 1927, the Board of Education's attorney, at the urging of a Thompson-allied board member, rendered an opinion that the school clerks must be selected by the City Civil Service Commission, pointing to an opinion that the
Illinois Appellate Court The Illinois Appellate Court is the court of first appeal for civil and criminal cases rising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The ...
s had rendered in March 1927, which found that the schools'
janitor A janitor (American English, Scottish English), also known as a custodian, porter, cleanser, cleaner or caretaker, is a person who cleans and maintains buildings. In some cases, they will also carry out maintenance and security duties. A simil ...
s and engineers needed to be selected by that commission. On August 3, 1927, the Chicago Board of Education adopted a resolution that would dismiss all 350 of the school system's school clerks, and have them be replaced with Civil Service Commission appointees. McAndrew was outraged by this, seeing it as an attempt by Thompson to return patronage to the education system, and resisted this order.Herrick, p. 165 McAndrew assisted the school clerks in preparing to file an
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
against their dismissal. He appeared as a witness to argue for the injunction, testifying that an injunction against the Board should be granted and that the school board attorney had signed his name to papers without his knowledge. At the August 26, 1927 conference of the Chicago Board of Education members, President J. Lewis Coath declared it was time to oust McAndrew, saying, "you all know my position concerning Superintendent McAndrew. Recent developments have made it advisable to take action at once. Get started." That same day, McAndrew was also attacked by a Dever appointee on the Board,
Charles J. Vopicka Charles Joseph Vopicka (born as Karel Boromejský Josef Vopička) (November 3, 1857 – September 4, 1935) was an American diplomat of Czech origin who served as United States Minister to Bulgaria, Romania, and Serbia. Early life He was born as ...
, for rejecting Vopicka's foreign language education plan, indicating McAndrew to be in even weaker standing than before with the Chicago Board of Education. The following day, the ''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'' reported that McAndrew's only apparent remaining supporters on the board were Helen M. Hefferan, James Mullenbach, Walter J. Raymer, and Otto L. Schmidt. On August 29, 1927, James Todd, the attorney of the Chicago Board of Education, presented charges against McAndrew of insubordination (due to his support of the school clerks) and "conduct incompatible and inconsistent with, and in direct violation" of his duties. Todd had been directed by the board's president, J. Lewis Coath to prepare such charges against McAndrew. That same day, by a 6–5 vote, the board voted to suspend McAndrew and charge him with insubordination pending a public administrative hearing to be held before the board for the purposes of deciding whether to remove McAndrew from office.Tarvardian, pp. 215–216 They installed William J. Bogan as acting superintendent to carry out the duties of the superintendency during McAndrew's suspension. McAndrew refused to resign, by which means he could have avoided an administrative hearing. He declared, "They'll fire me alright, but they'll have to stage a
burlesque A burlesque is a literary, dramatic or musical work intended to cause laughter by caricaturing the manner or spirit of serious works, or by ludicrous treatment of their subjects.
show to do it." On September 29, 1927, the day the administrative hearing was set to begin, the school board added additional charges that McAndrew had contaminated the school curriculum with British propaganda. McAndrew's lawyers protested these charges, and requested thirty days to study them before the administrative hearing. This request was denied by Chicago Board of Education president J. Lewis Coath, and the administrative hearing began that day as scheduled. He was read sixteen charges of insubordination, including a charge stemming from allegations of unpatriotic actions at his
arraignment Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisd ...
, and pleaded not guilty to any acts which would be grounds for his removal. This was not the first time that Thompson or a school board composed of his appointees had conspired to oust a superintendent. An ouster of
Charles Ernest Chadsey Charles Ernest Chadsey (October 15, 1870 – April 9, 1930) was an American educator and school administrator. He served as superintendent of city schools in Chicago, Detroit, and Denver, and Durango.The Book of Detroiters: A Biographical Dict ...
had occurred during Thompson's first mayoralty, which would result in several school board members being charged in
Cook County Circuit Court The Circuit Court of Cook County is the largest of the 24 judicial circuits in Illinois as well as one of the largest unified court systems in the United States — second only in size to the Superior Court of Los Angeles County since that court ...
of
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
.


Details of the formal motion to suspend McAndrew

The formal motion to suspend McAndrew had originated with Board of Education Trustee James A. Hemingway, whose resolution read, This was followed by a list of charges related to McAndrew's testimony as a witness for the teachers. The principal clause read, The motion did not include any mention of the allegations of pro-British propaganda. This came after James Todd threatened to drop his charges, "if any of that bunk is brought up."


Vote

The Chicago Board of Education voted 6–5 to pass the resolution suspending McAndrew.


Sixteen counts of indictment

The sixteen counts of indictment that were leveled against McAndrew were: # That William McAndrew recommended history textbooks which contained pro-British propaganda and which omitted the names and exploits of many foreign and native born heroes of the American revolutionary war, and which were recommended by the said William McAndrew for the purpose of promoting propaganda for the
English Speaking union The English-Speaking Union (ESU) is an international educational membership organistation. Founded by the journalist Sir Evelyn Wrench in 1918, it aims to bring together and empower people of different languages and cultures, by building skill ...
. That said textbooks teach the
continental congress The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
was a collection of quarrelsome, petty-fogging lawyers and mechanics. # That the said William McAndrew caused the text books to be recommended for the purpose of causing the
Declaration of Independence A declaration of independence or declaration of statehood or proclamation of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of the ...
to be regarded as old fashioned. # That he, for the purpose of perverting and distorting the ideals and patriotic instincts of the school children of Chicago, caused to be removed from the walls of the schools the picture "The Spirit of '76". # That he refused to recommend to the board that the school children be permitted to donate small amounts of money for the purpose of reconditioning the famous American battleship, "Old Ironsides" # The he entered into a conspiracy with Charles E. Merriam, Charles H. Judd (professor of history at the University of Chicago) and others to destroy love of America in the hearts of children by encouraging teachers to attend special classes at the University of Chicago at which a textbook was used which pictured George Washington as a rebel and a great disloyalist. That said teachers would mold these pro-British ideals into the souls of the children they instructed. # That he was insubordinate, insolent, and domineering in his attitude toward the members of the board, particularly in that he disregarded the board's orders regarding the nomination of a member to the board of examiners. # That he refused to call meetings of the teachers' councils. # That he hindered the withdrawal of a text book written by a member of the Chicago school system, and used in violation of law in Chicago schools. # That he delayed the transfer of Genevieve Cook, a teacher. # That he repeatedly absented himself from duty without leave. # That he left his office frequently to go on lecture tours, for which he was paid $100 a day and expenses. # That he acted as editor of educational publications which are subsidized by a certain firm of school book publishers, and thereby deeply obligated himself to publishers interested in getting their textbooks approved for school use. # That he introduced a program of education which caused confusion and impaired morale of teachers. # That he rejected all plans which were not his own invention. # That he employed various people without first subjecting them to examinations. # That he frequently refused to comply with exact and implicit orders of the Chicago Board of Education.


Hearing details

The hearing effectively amounted to a
show trial A show trial is a public trial in which the judicial authorities have already determined the guilt or innocence of the defendant. The actual trial has as its only goal the presentation of both the accusation and the verdict to the public so th ...
. 27 sessions of the hearing were held over the course of months. In mid-December, during the fourteenth week of the hearing, the Chicago Board of Education moved to allow nighttime sessions of the hearing to be held. McAndrew's attorneys were Francis X. Busch (former Chicago corporation counsel) and Angus Roy Shannon (former attorney for the Chicago Board of Education). Frank S. Righeimer served as the Chicago Board of Education's representative in the hearing.Herrick, p. 169


Opening of the hearing

In every
roll call vote Deliberative assemblies – bodies that use parliamentary procedure to arrive at decisions – use several methods of voting on motions (formal proposal by members of a deliberative assembly that the assembly take certain action). The regular meth ...
held by the board on the opening day of the administrative hearing, at least six members (Barndenburg, Coath, Durante, English, Schmid, and Hemingway) voted against every action favored by McAndrew and his attorneys. Four, (Hefferan, Mullenbach, Raymer, and Schmidt) voted in support of McAndrew's side on these votes. A seventh (Vopicka) rotated between sides.: * * McAndrew's team pushed for an expedient hearing process, with daily sessions, but were denied this, with the next sessions being postponed until October 6, 1927. McAndrew's lawyers argued that Coath's past statements were prejudicial, and made him unfit to preside or be a party to the hearing. Additionally, they argued that Coath was acting as a tool of Mayor Thompson and in unlawful confederacy with the mayor regarding his actions against McAndrew. However, the board members voted Coath fit to preside. Similarly, McAndrew's lawyers argued that Board of Education trustee Hemingway was unfit to try the charges, as he had been the one to present them. The board also voted him fit to try the charges. On the opening day, McAndrew opted not to speak once. Even when asked to how he pled, McAndrew remained silent, having his lawyers plead "not guilty" on his behalf.


McAndrew's attendance/absence

During the first weeks of proceedings, McAndrew sat, often reading a newspaper. On October 24, 1927, a hearing was canceled when McAndrew failed to show. Before the proceedings were canceled, Chicago Board of Education attorney Righeimer asked "what is the superintendent doing that is more important than this trial", to which McAndrew's attorney Shannon retorted, "anything is more important than this trial". It would be revealed the following day that McAndrew had been out of the city for a speaking engagement. On November 23, 1927, after six weeks, a fed-up McAndrew stood and asked whether the board would actually address the specific charge they had brought against him. Receiving no answer, he left, declaring that he would return if the Board desired to dismiss the charges. He issued the ultimatum that he would not return until the board took up the specific charges made against him. The administrative hearing would go on with McAndrew ''
in absentia is Latin for absence. , a legal term, is Latin for "in the absence" or "while absent". may also refer to: * Award in absentia * Declared death in absentia, or simply, death in absentia, legally declared death without a body * Election in absen ...
''. McAndrew's lawyers joined him in refusing to attend the remainder of the hearing. During the final hearing date he attended (November 23, 1927), McAndrew attempted to have the Board read a statement he had written. The statement, in part, read,


Arguments


Allegations of British propaganda

Much of the hearing's testimony was centered on the allegations that McAndrew placed British propaganda in the city's schools.
Witnesses In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
alleged that British propagandists had effectively taken over the Chicago educational system under McAndrew. Witnesses criticized the use of texts, including texts written by
Arthur M. Schlesinger Sr. Arthur Meier Schlesinger Sr. (; February 27, 1888 – October 30, 1965) was an American historian who taught at Harvard University, pioneering social history and urban history. He was a Progressive Era intellectual who stressed material caus ...
Among the witnesses that testified in the administrative hearing were three pseudo-
historians A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the stu ...
, who each went on long rants attacking history textbooks in use in Chicago schools. The textbooks attacked by these three witnesses, however, were standard fare, and were widely utilized in schools across the United States. At the November 16, 1927 hearing session, McAndrew refused to provide an answer when Righeimer asked him to confirm or deny whether he or not he had recommended a textbook by Edward F. McLaughlin which had been characterized during the hearing as portraying a British viewpoint on the
American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...
. On one occasion, Helen Hefferan, a Chicago Board of Trustee supporting McAndrew, held up a 1921 newspaper during the hearing which featured an article alleging a conspiracy to litter textbooks with British propaganda. This was an effort by her to highlight that such charges were made in 1921, while Thompson was serving in his first tenure as mayor, and that Thompson took no action nor complained about this until much later. Hefferan was scolded by Coath, accused her of acting in "very bad taste" and making "prejudicial statements". During the early weeks of the administrative hearing, which McAndrew and his lawyers attended, the board read a letter written to them by Thompson, naming a number of
Polish Polish may refer to: * Anything from or related to Poland, a country in Europe * Polish language * Poles, people from Poland or of Polish descent * Polish chicken *Polish brothers (Mark Polish and Michael Polish, born 1970), American twin screenwr ...
,
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...
, and other ethnic "heroes" that he demanded to be taught in the city's schools. A moment which drew national attention during the administrative hearing saw Righeimer yell at McAndrew, "and you left out of the schools the name of that great hero,
Ethan Allen Ethan Allen ( – February 12, 1789) was an American farmer, businessman, land speculator, philosopher, writer, lay theologian, American Revolutionary War patriot, and politician. He is best known as one of the founders of Vermont and for ...
, who said he had only one life to give for his country!" In response to this, Busch remarked, "It was Nathan Hale who said it." This exchange elicited laughter in the courtroom and ridicule, not only due to Righeimer's misattribution of a quote associated with Hale to Allen, but also because many were unfamiliar with Allen, and did not see him as the high-stature historical figure Righeimer was implying him to be. McAndrew was accused, in his indictment and during the course of the administrative hearing, of nefariously conspiring with the
English-Speaking Union The English-Speaking Union (ESU) is an international educational membership organistation. Founded by the journalist Sir Evelyn Wrench in 1918, it aims to bring together and empower people of different languages and cultures, by building skill ...
. McAndrew was a member of the English-Speaking Union. During the trial, the
American Library Association The American Library Association (ALA) is a nonprofit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with 49,727 members a ...
, which had been headed by a
Canadian Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
, was alleged to be a distributor of British propaganda. The
Chicago Public Library The Chicago Public Library (CPL) is the public library system that serves the City of Chicago in the U.S. state of Illinois. It consists of 81 locations, including a central library, two regional libraries, and branches distributed throughout the ...
's association with the Association became of issue in the administrative hearing. Also of issue was the fact that Great Britain had once donated books to Chicago in the aftermath of the 1871
Great Chicago Fire The Great Chicago Fire was a conflagration that burned in the American city of Chicago during October 8–10, 1871. The fire killed approximately 300 people, destroyed roughly of the city including over 17,000 structures, and left more than 10 ...
. Allegations were levied by Thompson allies that McAndrew was conspiring with Charles Edward Merriam and others at the University of Chicago (decried as a "stronghold of King George") to, "destroy love of America in the hearts of children". During the administrative hearing, it was revealed that Thompson had, during his campaign, hired a
court reporter A court reporter, court stenographer, or shorthand reporter is a person whose occupation is to capture the live testimony in proceedings using a stenographic machine, thereby transforming the proceedings into an official certified transcript b ...
to pose student and spy on a University of Chicago professor who was teaching a history class that had been recommended for public school teachers. This spy reported that the professor had called George Washington a "rebel" and referred to the Boston Tea Party as a "vandal raid". Allegations were also levied that
Cecil Rhodes Cecil John Rhodes (5 July 1853 – 26 March 1902) was a British mining magnate and politician in southern Africa who served as Prime Minister of the Cape Colony from 1890 to 1896. An ardent believer in British imperialism, Rhodes and his Br ...
, who had founded the
Rhodes Scholarship The Rhodes Scholarship is an international postgraduate award for students to study at the University of Oxford, in the United Kingdom. Established in 1902, it is the oldest graduate scholarship in the world. It is considered among the world' ...
program, was conspiring to unite all English-speaking people under the control of Britain. Some witnesses even speculated of an impending
war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
between Britain and the United States. Other organizations invoked and attacked in the course of the administrative hearing included
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
and the Carnegie Corporation. Figures from fictitious organizations such as the "Anti-British Citizens Committee on School Histories" were brought in to testify in the administrative hearing.


Allegations of unpatriotic conduct by McAndrew

From the start of the administrative hearing, witnesses were brought before the board to testify about McAndrew, regularly testifying of his supposed "un-Americanism". Among the allegations made wasthat McAndrew had made derisive comments about the
Boston Tea Party The Boston Tea Party was an American political and mercantile protest by the Sons of Liberty in Boston, Massachusetts, on December 16, 1773. The target was the Tea Act of May 10, 1773, which allowed the British East India Company to sell tea ...
and that he ordered the removal of prints of ''The Spirit of '76'' from schools. McAndrew was painted as anti-American for disallowing fundraising in the city's schools for the restoration of the USS ''Constitution''. In May 1926, McAndrew had denied a request by the
United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...
to allow them to
fundraise Fundraising or fund-raising is the process of seeking and gathering voluntary financial contributions by engaging individuals, businesses, charitable foundations, or governmental agencies. Although fundraising typically refers to efforts to gathe ...
for the restoration of the USS ''Constitution'' by
soliciting Solicitation is the act of offering, or attempting to purchase, goods and/or services. Legal status may be specific to the time or place where it occurs. The crime of "solicitation to commit a crime" occurs when a person encourages, "solicits, r ...
contributions from students in the schools. At the time, the
editorial board The editorial board is a group of experts, usually at a publication, who dictate the tone and direction the publication's editorial policy will take. Mass media At a newspaper, the editorial board usually consists of the editorial page editor, a ...
of the ''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'' praised McAndrew for this decision on the grounds that they believed that financial solicitations of any kind had no place in the city's public schools.


Allegations of misconduct by McAndrew

When questioned under oath by Righeimer on October 6, 1927, McAndrew admitted to having removed some documents from the Chicago Board of Education's files in order to prepare his defense. Coath another other McAndrew foes claimed that his removal of documents was an outright indicator of guilt. Harry T. Baker, an executive assistant to the office of the superintendent of schools, admitted in his testimony to giving some files to McAndrew (the following day Baker would see retribution from the Chicago Board of Education by being installed principal of the city's southernmost school, Mount Greenwood, which was considered an undesirable job). It became known that anyone seen as giving McAndrew aid or comfort could see retribution from Coath.: * * McAndrew critics, during the early weeks of the hearing, called McAndrew's regular refusal to answer questions (on advice of his counsel) greatly improper, as they argued he was defying superior officers (the trustees of the Chicago Board of Education) since he was still the superintendent of schools. Righeimer warned, "this trial board has no right to punish you for contempt, Mr. McAndrew, but it certainly will consider your conduct in refusing to give important information when the time comes to pass on your case. Witnesses corroborated the charges that McAndrew made out of town trips to deliver
lecture A lecture (from Latin ''lēctūra'' “reading” ) is an oral presentation intended to present information or teach people about a particular subject, for example by a university or college teacher. Lectures are used to convey critical inform ...
s. They also testified that, while he was on these trips, McAndrew had instructed office employees to mislead those attempted to reach him by
telephone A telephone is a telecommunications device that permits two or more users to conduct a conversation when they are too far apart to be easily heard directly. A telephone converts sound, typically and most efficiently the human voice, into e ...
by claiming the reason he was not in the office was that he was, "out in the schools". Two
stenographers Shorthand is an abbreviated symbolic writing method that increases speed and brevity of writing as compared to longhand, a more common method of writing a language. The process of writing in shorthand is called stenography, from the Greek ''ste ...
testified that McAndrew had had them perform work on during office hours for a magazine he was editing. McAndrew also was accused of
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
, with several principals alleging that he had disregarded the results of examinations for high positions, and instead appointed those he personally favored. Even mundane attacks were leveled against McAndrew. One teacher spent time testifying that McAndrew had poor
grammar In linguistics, the grammar of a natural language is its set of structure, structural constraints on speakers' or writers' composition of clause (linguistics), clauses, phrases, and words. The term can also refer to the study of such constraint ...
and occasionally punctuated sentences with the exclamations such as "I betcha" and "O, Lord".


Witness testimonies

In total, over the course of the 27 sessions of the hearing, more than 100 witnesses testified. This amounted to more than 6,000 pages of testimony. Those who testified included more than 80 principals, teachers, and school officials. Many of the witnesses were recruited by Thompson to strengthen his charges of propaganda. Much of the testimony was centered on the allegations that McAndrew placed British propaganda in the city's schools. From the start of the administrative hearing,
witnesses In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
were brought before the board to testify about McAndrew, regularly testifying of his supposed "un-Americanism". They also alleged that British propagandists had effectively taken over the Chicago educational system under McAndrew.


John J. Gorman

Thompson-appointed special corporation counsel and ex-congressman John J. Gorman testified over the course of the administrative hearing as one of its chief witnesses against McAndrew. Members of the Chicago Board of Education that supported McAndrew questioned Gorman's credentials as "an expert". As a witness accusing McAndrew of placing British propaganda in the school curriculum, John J. Gorman attacked McAndrew for the use of books written by Herbert B. Cornish, David B. Corson,
David Saville Muzzey David Saville Muzzey (1870–1965) was an American historian. His history textbooks were used by millions of American children. He was accused of being a "bolshevik" by the Better America Federation. He also served as senior leader at the New York ...
, and Arthur M. Schlesinger Sr. Gorman specifically issued criticisms of Muzzey's book ''American History'' and Schesinger's ''New Viewpoints of American History''. Gorman alleged that all but one history textbook used in Chicago Public Schools was pro-British, and alleged that McAndrew had directly approved all of these textbooks. Gorman also alleged that the English-Speaking Union had played a role in McAndrew's appointment as superintendent in Chicago, and his earlier placement in a leadership position in
New York City Public Schools The New York City Department of Education (NYCDOE) is the department of the government of New York City that manages the city's public school system. The City School District of the City of New York (or the New York City Public Schools) is t ...
.: * * Gorman also accused the University of Chicago of being a "hotbed of un-American and pro-British teachings". Two weeks later, he further testified that the university was a "British cast" and a stronghold for pro-British propaganda. Gorman also alleged that McAndrew had been conspiring with King George since his previous tenure working in New York City Public Schools. He named the Rhodes Scholarship program and the Carnegie Foundation as programs which were in on the conspiracy. He even attempted to draw a supposed link from the fact that King George, the late
Andrew Carnegie Andrew Carnegie (, ; November 25, 1835August 11, 1919) was a Scottish-American industrialist and philanthropist. Carnegie led the expansion of the American steel industry in the late 19th century and became one of the richest Americans i ...
, and McAndrew all had facial hair.


Frederick Bausman

On October 20, 1927,
Frederick Bausman Frederick Bausman was an early coal mining operator in Allegheny County, Pennsylvania. Born in Pittsburgh Pittsburgh ( ) is a city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, United States, and the county seat of Alle ...
, a former justice of the
Supreme Court of Pennsylvania The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme ...
, testified as the chief witness. In his testimony, Bausman did not once mention McAndrew's name. Bausman also declared, "I know nothing of your local school books." He did not mention of McAndrew or Chicago schools, outside of praising the stance taken by Mayor Thompson. Instead of focusing on McAndrew and Chicago schools, Bausman's testimony instead focused on alleging British propaganda was of great threat to the United States in general. He accused the American Library Association of being an agent of propaganda, alleging that its Canadian president
George Locke George Herbert Locke (March 29, 1870 – January 28, 1937) was a Canadian librarian. He was chief librarian of the Toronto Public Library from 1908 until his death, a time of great expansion in that library system. In 1926-27 he became the se ...
had been the director of propaganda for the British Government during
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
. Bauman also attacked the English-Speaking Union. Bausman stated that, "wealthy classes in Europe have tremendous influence at Columbia and
Princeton Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the nine ...
universities," implying that wealthy Europeans had led an effort that saw pro-British textbooks written at these American universities. Bausman attacked the United Kingdom for having "beguiled" the United States into entering World War I. Rigeimer, in examining Bausman, got Bausman to state that he was born in
Pittsburgh Pittsburgh ( ) is a city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, United States, and the county seat of Allegheny County, Pennsylvania, Allegheny County. It is the most populous city in both Allegheny County and Wester ...
and had a British mother in an effort to assuage any allegations that Bausman was a German sympathizer.


Charles Grant Miller

Charles Grant Miller, the president of the Patriotic League of the Preservation of American History, was the sole witness at the November 14, 1927 hearing date. Miller substantiated John J. Gorman's allegations that British propaganda had infiltrated the city's history curriculum. On November 14, Miller also made allegations that the framing histories related to the relations of Great Britain and the United States were heavily altered between 1918 and 1921, when new an updated textbooks were published to include World War I. Miller claimed that, in 1921, historians such as Andrew C. McLaughlin (head of the University of Chicago's American history department),
Carlton J. H. Hayes Carlton Joseph Huntley Hayes (May 16, 1882 – September 2, 1964) was an American historian, educator, diplomat, devout Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3& ...
(of Columbia University), David S. Muzzey, and Willis M. West dined together at the
Savoy Hotel The Savoy Hotel is a luxury hotel located in the Strand in the City of Westminster in central London, England. Built by the impresario Richard D'Oyly Carte with profits from his Gilbert and Sullivan opera productions, it opened on 6 August 188 ...
in
London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
, England, claiming that they and 100 other history authors had been, "wined and dined at the expense of the British Government in such a degree of gratitude as to provoke protest in
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
at the extravagance." In his November 30, 1927 testimony, Miller made
Rupert Hughes Rupert Raleigh Hughes (January 31, 1872 – September 9, 1956) was an American novelist, film director, Academy Award, Oscar-nominated screenwriter, military officer, and music composer. He was the brother of Howard R. Hughes Sr. and uncle of bi ...
a new focus of attack.


Charles Edward Russell

On November 16, 1927, journalist
Charles Edward Russell Charles Edward Russell (September 25, 1860 in Davenport, Iowa – April 23, 1941 in Washington, D.C.) was an American journalist, opinion columnist, newspaper editor, and political activist. The author of a number of books of biography and socia ...
delivered testimony which the ''Chicago Tribune'' characterized as effectively being a as a three-hour lecture. In his testimony, Russell alleged that the English-Speaking Union was the "most dangerous organization in the world", claiming, "the world is threatened now with the greatest menace–the advance of the Anglo-Saxon". Russell declared that the push for a closer alliance between the United States and United Kingdom, "is drawing the world into two hostile camps, the Anglo-Saxon and the Latin. By foolishly listening we have already alienated nearly all of
South America South America is a continent entirely in the Western Hemisphere and mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere at the northern tip of the continent. It can also be described as the southe ...
". In his testimony that day, Russell, at great length, also attacked numerous history texts.


Media coverage

The administrative hearing attracted both national and international attention from the media, being treated as a ridiculous example of Chicago's messy politics. It was viewed by many as a ridiculous spectacle, in a similar vein to the Scopes Trial. ''
Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, to ...
'' characterized the Chicago Board of Education as, "a partial set of false teeth in Mayor William Hale Thompson's capable mouth", writing that they had, "orders to chew up Superintendent McAndrew". W.A.S. Douglas of ''
The Baltimore Sun ''The Baltimore Sun'' is the largest general-circulation daily newspaper based in the U.S. state of Maryland and provides coverage of local and regional news, events, issues, people, and industries. Founded in 1837, it is currently owned by Tr ...
'' dubbed the administrative hearing, "Chicago's great serial comedy-drama". The press referred to Mayor Thompson in derisive terms, dubbing him a "clown", "buffoon", and a "braying jackass". In a January 1928 article, the ''Chicago Tribune'' wrote that the administrative hearing was setting precedents in Chicago, "that no superintendent of schools may, with security, get in the way of politics. If he obstruct a politician's path he will be in trouble," and, "that no superintendent who cares for his peace and his tenure of office will put his ideas of teaching and school management in opposition to the ideas of the principals and teachers." The ''Chicago Tribune'' found both of these to be, "to the detriment of the schools". In December 1929, the ''Chicago Tribune'' reflected on the administrative hearing, writing,


Public reaction

During the administrative hearing, McAndrew lacked the support of the
unionized A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
teachers, as they did not approve of the strict rules that he, as superintendent, had put in place for teachers. The Women's City Club supported McAndrew, having adopted a resolution demanding his reinstatement as superintendent. On October 27, they adopted another resolution which demanded that McAndrew be provided an immediate trial of the specific charge for which he was suspended. A speech written by McAndrew and read in his absence at a November 1927 state convention of school board officials received significant applause, reflecting the convention's support of McAndrew.


Coinciding developments

During the administrative hearing, Chicago City Solicitor Frank Peska wrote Chicago Board of Education member Walter J. Raymer a letter demanding that he resign due to his defense of McAndrew. Peska declared that Raymer did not represent the attitude of the
Polish Polish may refer to: * Anything from or related to Poland, a country in Europe * Polish language * Poles, people from Poland or of Polish descent * Polish chicken *Polish brothers (Mark Polish and Michael Polish, born 1970), American twin screenwr ...
residents living in Peska's ward of the city. In response to John J. Gorman's written report to the mayor and his testimony during the administrative hearing about textbooks authored by David Saville Muzzey, Muzzey filed a $100,000 damage/
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
lawsuit against Gorman in
United States District Court The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
in October 1927, accusing Gorman of "widedly and maliciously" making an effort to expose him to public hatred, contempt, and disparagement in his testimony. In reaction to the allegations brought against the University of Chicago in the administrative hearing, on November 11, 1927, J. Lewis Coath banned articles written by University of Chicago faculty from being published in the Chicago Board of Education's publication, ''Chicago Schools Journal'', and the following month's edition of the publication would feature a title page promoting an " America First" campaign. In November, 1927, officials of the Chicago Board of Education announced that the purchase of history textbooks for students was being halted until it could be ensured that books of proper patriotism could be purchased. Soon after, Coath proposed the possibility of the Chicago Board of Education publishing its own history books. In December 1927, exporter John F. McKeon alleged that the anti-British campaign of Thompson had lost manufacturers and exporters in the city of Chicago $1.5 million in business from
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
.


Chicago Public Library censorship effort

On October 21, 1927, the day after Frederick Bausman's testimony included attacks on the American Library Association, Thompson made a request to the board of the
Chicago Public Library The Chicago Public Library (CPL) is the public library system that serves the City of Chicago in the U.S. state of Illinois. It consists of 81 locations, including a central library, two regional libraries, and branches distributed throughout the ...
's board that they take a look at U.S. history books in the library, writing, "I would like to have you make a careful inventory of Chicago's Public Library to determine if there are pro-British propaganda books in the library." While the library board attempted to discreetly refer the matter to a subcommittee, the city press learned of it. Thompson, who enjoyed publicity, seized on the news reports, and promised reporters he would burn books that were "unamerican". Thompson tasked Urbine J. "Sport" Herrmann (a close friend of Thompson's and appointee of his to the board of the Chicago Public Library) with examining the library's books for "pro-British" works. During the administrative hearing, Hermann announced that he would conduct a
book burning Book burning is the deliberate destruction by fire of books or other written materials, usually carried out in a public context. The burning of books represents an element of censorship and usually proceeds from a cultural, religious, or politi ...
of pro-British books on the city's lakefront. Thompson joined in, threatening to burn any book in the library found to have a single passage of "pro-British propaganda" in a lakefront bonfire. These plans were faced with two
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
s. The threat of book burning had received criticism from notable individuals, such as
Clarence Darrow Clarence Seward Darrow (; April 18, 1857 – March 13, 1938) was an American lawyer who became famous in the early 20th century for his involvement in the Leopold and Loeb murder trial and the Scopes "Monkey" Trial. He was a leading member of t ...
, who called it, "probably the most infinitely stupid thing ever suggested". A public backlash arose to the idea of book burning and general censorship. However, some supported it. The state chapter of the
Ku Klux Klan The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and ...
applauded the book
censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
efforts of Thompson, and encouraged him to expand this to a full effort against books related to
Catholics The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
and
Jews Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
. Fredrick Rex, the head of the city's Municipal Reference Library, agreed to clear his collection of "pro-British" books, and claimed that his library had previously been the recipient of such propaganda from both the English-Speaking Union and the
Carnegie Corporation The Carnegie Corporation of New York is a philanthropic fund established by Andrew Carnegie in 1911 to support education programs across the United States, and later the world. Carnegie Corporation has endowed or otherwise helped to establis ...
and that he would hand over such works to Herrmann immediately. Days later, Rex claimed that he had destroyed all the books, pamphlets, and letters in the library's collection that were of a pro-British nature. In an effort to prevent the burning of books, head librarian
Carl B. Roden Carl Bismarck Roden (June 7, 1871 – October 25, 1956) was an American librarian and served as chief librarian of the Chicago Public Library from 1918 to 1950. A lifelong resident of Norwood Park, Illinois he began work as a library page in 1 ...
(who had recently been elected president of the American Library Association) made the suggestion of the books labeled "pro-British" being placed in a cage, only to be read under the supervision of "mature"
historian A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the stu ...
s. Roden's proposed compromise was endorsed by a pro-Thompson newspaper, but was mocked and decried by other newspapers, such as the ''Chicago Tribune'' and the ''
Chicago Evening Post The ''Chicago Evening Post'' was a daily newspaper published in Chicago, Illinois, from March 1, 1886, until October 29, 1932, when it was absorbed by the ''Chicago Daily News''. The newspaper was founded as a penny paper during the technologica ...
''. The ''
New York World The ''New York World'' was a newspaper published in New York City from 1860 until 1931. The paper played a major role in the history of American newspapers. It was a leading national voice of the Democratic Party. From 1883 to 1911 under publi ...
'' called Roden's response to Thompson and Urbine as, "spineless," and, "particularly timid and uninspiring". Ultimately, it would take court injunctions to put an end to the Chicago Public Library's censorship activities. Two local lawyers had successfully sued, noting that Chicago's city code named damaging library books a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
. While the promised lakefront bonfire never took place, this episode gave Chicago a period of notoriety as being perceived as, what the ''Chicago Tribune'' would retrospectively describe as, "the book-burning capital of the free world". While he was facing backlash and legal challenges for his efforts to burn books, Thompson denied that he had ever promised to burn books, and disavowed book burning. He declared that he was an emphatic defender of
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been ...
. During the October 27, 1927 hearing, John J. Gorman testified that Thompson found it regrettable that the mayor's "America First" message had been sullied by the "false reports" about book burnings. Despite this, Thompson continued to send letters to the library's board objecting to "pro-British" materials in the Chicago Public Library's collection.


Delivery of the verdict

McAndrew's contract as superintendent expired January 9, 1928, and was not renewed.Tarvardian, p. 216 However, Chicago Board of Education President J. Lewis Coath stated that the administrative hearing would continue. On March 21, 1928, already two months after McAndrew's term as superintendent had expired, the board found him guilty. The vote to find him guilty was 8–2, with one member absent (Otto L. Schmidt, who had been anticipated to vote against a guilty verdict). The resolution adopted to find McAndrew guilty was twenty-pages long, and claimed that proof had been presented, "of what William Hale Thompson originally brought to the attention of the public, evidence that there is organized pro-British and anti-American propaganda of stupendous proportions in our country with deep ramification extending to and thru schools and colleges." The resolution made the recommendation that school boards across the United States, "investigate the text books under their jurisdiction to the end that treason tainted textbooks and those responsible for them may be eliminated from the public school systems of the country." The resolution stated that the propaganda is traceable to the English-Speaking Union, Cecil Rhodes Scholarship Foundation, and the Andrew Carnegie Foundation.


Voiding of verdict

McAndrew's lawyers immediately petitioned for a writ of ''
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
'' to review the administrative hearing. McAndrew also filed lawsuits against the Board of Education for salary lost and Thompson for
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
and
slander Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
(suing Thompson for the amount of $250,000). Less than two years after the administrative hearing, in December 1929, Judge Hugo Pam of the
Superior Court of Cook County The Superior Court of Cook County was a court in Cook County, Illinois. It was preceded by earlier courts. 1845 saw the creation of the County Court of Cook County. In 1849, this was renamed The Cook County Court of Common Pleas. In 1859, this was ...
ruled the decision by the Board of Education
void Void may refer to: Science, engineering, and technology * Void (astronomy), the spaces between galaxy filaments that contain no galaxies * Void (composites), a pore that remains unoccupied in a composite material * Void, synonym for vacuum, a s ...
. Pam ruled that McAndrew had not been insubordinate, and that the school board lacked the authority to have tried him for the additional charge stemming from the allegations of pro-British propaganda. Pam dubbed the allegations of pro-British conduct levied against McAndrew, "improper". After this, McAndrew dropped his two lawsuits. The ''Chicago Tribune'' opined, ''
The New York Sun ''The New York Sun'' is an American online newspaper published in Manhattan; from 2002 to 2008 it was a daily newspaper distributed in New York City. It debuted on April 16, 2002, adopting the name, motto, and masthead of the earlier New York ...
'' wrote that, "the absurdity of the charges against McAndrew made no court rule necessary," and that the decision instead had merely affirmed, "the opinion always held by disinterested observers". The ''
South Bend Tribune The ''South Bend Tribune'' is a daily newspaper and news website which is based in South Bend, Indiana. It is distributed in South Bend, Mishawaka, north central Indiana, and southwestern Michigan. It has been named as a "Blue Ribbon Newspaper" ...
'' opined that,


Other post-hearing developments

Author David Saville Muzzey also filed a lawsuit against Thompson and the Chicago Board of Education. On October 11, 1929, John J. Gorman wrote an apology letter David Saville Muzzey admitting that he had never actually read his textbook ''American History'' (which he had attacked during the administrative hearing), and that the sworn statements he had made were, in fact, written by someone else. He claimed to have been misled, and to have now realized there was nothing to criticize in Muzzey's textbooks.Herrick, p. 170 After Gorman issued this apology, Muzzey withdrew his libel lawsuit against Gorman. However, soon after John J. Gorman wrote his apology letter to Muzzey, Chicago Board of Education member James Mullenbach read the letter into the Board's official record and introduced a resolution that would have seen the Chicago Board of Education apologize to Chicagoans for wasting their money on McAndrew's "so-called trial", to Muzzey for the accusations the Board of Education raised against him, and to Charles H. Judd and Charles E. Merriam for accusing them of conspiring against the city's children. However, this resolution was buried in committee. Mullenbach also called for the
Cook County state's attorney The Cook County State's Attorney functions as the state of Illinois's district attorney for Cook County, Illinois, and heads the second-largest prosecutor's office in the United States. The office has over 700 attorneys and 1,100 employees. In ad ...
and the
Chicago Bar Association Founded in 1874, the Chicago Bar Association (CBA) is a voluntary bar association with over 20,000 members. Like other bar associations, it concerns itself with professional ethics, networking among members, and continuing legal education. It is ...
to take note that Gorman had admitted to
perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
. Ultimately, in December 1931, the
Supreme Court of Illinois The Supreme Court of Illinois is the state supreme court, the highest court of the State of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five ap ...
disbarred Gorman.


References


Works cited

* * * {{Chicago Public Schools 20th-century American trials 1927 in Illinois 1928 in Illinois 1920s in Chicago Chicago Board of Education William Hale Thompson 1927 in education 1928 in education Superior Court of Cook County Anti-British sentiment