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Title
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EWP 1940 Salaries (3)
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Place
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Virginia
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Identifier
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1000698
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Is Version Of
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1000698_EWP_1940_Salaries_(3).JPG
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Is Part Of
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Uncategorized
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Date Created
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2024-01-07
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Format
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Jpeg Image
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Number
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e471517b431fa76972266aa442101363699282bdc69693c01ccfa3edcb5a5120
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Source
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/Volumes/T7 Shield/EWP/Elements/EWP_Files/Access Files/Upload temp/1000698_EWP_1940_Salaries_(3).JPG
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Publisher
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Digitized by Edwin Washingon Project
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Rights
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Loudoun County Public Schools
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Language
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English
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Replaces
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/Volumes/T7 Shield/EWP/Elements/EWP_Files/source/Ingest One/1 Civil Rights/LCPS_African_Educ_Folder/EWP_1940_Salaries_(3).JPG
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extracted text
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Parker, Circuit Judge:
This is an appeal in a suit instituted by M~lvin O,
Alston, a Negro school tcacher of Norfolk, Va., and the Norfolk
Teachers! Association, an association composed of the Negro school
tenchers of that city, against the school Board and the Superintendent
of Schools of the city. The purposc of the suit 1s to obtain a
dcclaratory judgment, to the effcet that the policy of defendants in
maintaining a salary schedule which fixes the salaries of Negro
teachers at a lower rote than that paid to white teachers of cqual
qualifications and expericnce, and performing the samc duties and
services, on the sole basis of race and color, is violative of the
due process and cqual protection clauses of the 14th amendmcnt, and
also to obtain an in juinction rostraining defendants from making any
distinction on the ground of race or color in fixing the salarics
of public school teachers in Norfolk. The suit was dismisscd by the
court below on the ground that Alston and the School Board were the
only necccssary parties to the cause and that Alston had waived such
constitutional rights as he was secking to enforce by having entcred
into a written contract with the School Board to teach for a ycar
at the price fixed 1n the contract. On the appcal prescnted by the
plaintiffs three questions arise: (1) whether upon the facc of the
complaint an unc onst itutional diserimination is shown in the fixing
of school teachers' salarics by the defendants; (2) whethor rights
of plaintiffs are infringed DY such discrimination; and (3) whether
plaintiffs have waived their right to complain of the discrimination
by cntering into contracts with the School Board for the currcnt ycar.
On the first qucstion, thorc can be no doubt but that the
fixing of salary schedulce for the teachers is action by thc stato
which is subJjecct to the limitations prcscribed by the 144h Amcndment-.
rhs Gonatitution of Virginia provides that the Genoral Assembly shall
ostablish and maintain an cfricicnt gysLum uf publio T¥eo emrnio
throughout the state. Article IX, scc. 129. The wcneral Asscmbly
has established such a system. Virginia Code of 1936, chs., 3% and
35, The public schools of the City of Norfolk arc under the dircct
control and supcrvision of the defendants, whosc duty it is to cmploy
teachers and provide for the payment of teachers' salarics. Virginia
Code, ch. 33, secss 656, 660, and ch. 35, sec. 786, Whilc provision
is made in the law for scparatc schools fdr whitc and colored persons
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Parker, Circuit Judge:
This is an appeal in a suit instituted by M~lvin O,
Alston, a Negro school tcacher of Norfolk, Va., and the Norfolk
Teachers! Association, an association composed of the Negro school
tenchers of that city, against the school Board and the Superintendent
of Schools of the city. The purposc of the suit 1s to obtain a
dcclaratory judgment, to the effcet that the policy of defendants in
maintaining a salary schedule which fixes the salaries of Negro
teachers at a lower rote than that paid to white teachers of cqual
qualifications and expericnce, and performing the samc duties and
services, on the sole basis of race and color, is violative of the
due process and cqual protection clauses of the 14th amendmcnt, and
also to obtain an in juinction rostraining defendants from making any
distinction on the ground of race or color in fixing the salarics
of public school teachers in Norfolk. The suit was dismisscd by the
court below on the ground that Alston and the School Board were the
only necccssary parties to the cause and that Alston had waived such
constitutional rights as he was secking to enforce by having entcred
into a written contract with the School Board to teach for a ycar
at the price fixed 1n the contract. On the appcal prescnted by the
plaintiffs three questions arise: (1) whether upon the facc of the
complaint an unc onst itutional diserimination is shown in the fixing
of school teachers' salarics by the defendants; (2) whethor rights
of plaintiffs are infringed DY such discrimination; and (3) whether
plaintiffs have waived their right to complain of the discrimination
by cntering into contracts with the School Board for the currcnt ycar.
On the first qucstion, thorc can be no doubt but that the
fixing of salary schedulce for the teachers is action by thc stato
which is subJjecct to the limitations prcscribed by the 144h Amcndment-.
rhs Gonatitution of Virginia provides that the Genoral Assembly shall
ostablish and maintain an cfricicnt gysLum uf publio T¥eo emrnio
throughout the state. Article IX, scc. 129. The wcneral Asscmbly
has established such a system. Virginia Code of 1936, chs., 3% and
35, The public schools of the City of Norfolk arc under the dircct
control and supcrvision of the defendants, whosc duty it is to cmploy
teachers and provide for the payment of teachers' salarics. Virginia
Code, ch. 33, secss 656, 660, and ch. 35, sec. 786, Whilc provision
is made in the law for scparatc schools fdr whitc and colored persons
