EWP 1 1949 Daily

Title

EWP 1 1949 Daily

EWP 1949 Daily

Tag

discrimination, teacher salaries, Anne Arundel County, Maryland, white teachers, colored teachers, Maryland Act, 1937, 1939, unconstitutional discrimination, County Board of Education

Place

Virginia

Identifier

1000752

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Date Created

2024-01-07

2024-07-22 19:27:03 +0000

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57e6f6e27338d4043abe6ceda5bd53f7b904f170dac50ec7fff3d0d773dc8a97

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Publisher

Digitized by Edwin Washington Project

Rights

Loudoun County Public Schools

Language

English

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extracted text

ey o o RS S U e, (SRS RN SRS S AT RS

the United States; and Sections 41 and

43 of Title 8 of the United States Code.*

A precise understanding of the Mary-
land statutory scheme of public edu-
cation is essential to a considered opin-
ion on the question presented by the
pleadings and testimony in this case-
The statutory provisions were discussed
at length in the former case, 26 F. S.
792 (to which reference is hereby
made) and need not now be repeated.

The opinion in the former case was

filed on March 1, 1939. The only sub-
sequent legislation upon the subject is
the Maryland Act of 1939, Ch. 502, ap-
Dproved May 11, 1939, and effective Sep-
tember 1, 1939, which established a new
State minimum salary schedule for
a.&;o teachers, setting up therein a
Single salary schedule based on prepara-
tion and experience, to replace the for-

mer position-experience schedule. The

general effect of the Act was to some-
what increase the minimum salary
schedule for white teachers, but with-
out any increase in the previously
mmg.c:wrma minimum salary for teach-
ers in colored schools.? Attention should
also be called to the Maryland Act of

1937, Ch. 552, effective September 1,

1939, which made the school term for

colored children of equal duration to

that mo.a white children, there previous-

Iy having been some disparity in the

respective terms, those for colored chil-
dren being generally a month or two
shorter than those for white children.

Hereafter for both it is required that
the schools be kept open not less than
”.—wc actual school days, or nine months
in each year.

- The historical development of Mary-
land legislation with respect to the
comparative salaries for white and col-
ored amm.ormum is important in this case.
The legislation is said to be unique in
gm.w while no mazimum salary is pre-
scribed for payment by the several
County Boards of Education, there is
a Q&d%bo@ which has existed for many
years in the minimum requirements
S:U.u respect to white and colored teach-
ers .w&mﬁmm. by virtue of which the
inimum for white teachers has always
&m.mm very materially higher than the
minimum for colored teachers. The
rating of all teachers both white and
colored is determined and certified to
the o.oE;% Boards by the State Board,
and is based on uniform requirements.
The salaries for white teachers (and
to lesser extent for colored teachers)
are graduated to professional qualifi-
cations and years of experience, so that
the schedules are somewhat complex;
but for simplicity of statement and for

,

_# dence iy,

_ the comp

fendants in this respect seem really un-
substantial when the whole problem is
viewed historically in the light of the
Maryland law and general state prac-
tice on the subject, and particularly in
the light of the actual practical appli-
cation of the Maryland statutes in
Anne Arundel County. And indeed any
controversy over the fact would seem
to be ended by the testimony of the
defendant, Fox, who is Superintendent
of Education in Anne Arundel County
and an executive officer of the County
School Board, and that of Miss Me-
Neely, the financial secretary of the
Board, both of whom substantially ad-
mitted that the discrimination in the
county schedule of minimum salaries
for white and colored teachers respec-
tively was at least largely influenced
by the fact of race or color.

I conclude therefore from the plead-
ings and testimony that the plaintiff

ANV AeLLLI <

bn, and there is ample evi-
lin most of the counties of
County) . (induding Anne Arundel
betweenty 1Y substantial difference
colored ng pay schedules of white and
Thus it | %gﬁm has always existed.
age mmr:qgié that the annual aver-
ers in da for whote and colored teach-
land Copitary schools in the Mary-
1989 is s for the period of 192F to
in favor . [ ratio of nearly two to one

Otthe white teachers. In 1921
i Q%zzé figures were $881 for
1930 th, 18 and §442 for colored; in
and $635 lispective figures were $1,199
Tt is, by, in 1931, $1,314 and §848.
in recey;. ¢n fairly to be noted that
ally cm@:ﬁ.m the disparity has gradu-
in salar ttduced. The average increase
has bee fer the nineteen-year period
$406 for %33 for white teachers and
age of | :Q_E.og teachers, or a percent-
teacher; "tase of 49% for the white

the Stat

teachers, "d 92% for the colored | hag established that he as a colored
The ey, 21 e teacher is unconstitutionally diserimi-
howeve olling question in the case,|nated against in the practice of his pro-

are une.’ N0t whether the statutes|fession by the discrimination made be-

this omm%owo look to the testimony in|extent that it is based solely on the
been Eéo see how the statutes have|grounds of race or color, and that he
In the mzw d in Anne Arundel County.|is also entitled to a declaratory decree
years pg Place we find that for some|to the effect that such unlawful dis-
Emsom,:gmn least the County Board of | crimination exists; but I do not think
fixing f, °f Anne Arundel County, in|the plaintiff is entitled to an injunction
ammowmﬁ,gmﬁwm of white and colored|to the extent prayed for in the con-
than the X Paid to both classes more}cluding clause of the prayer for an in-
eral mﬂmg@EHEm required by the gen-|junction reading: “and from payment
of Bduey™ In 1937 the County Board|to the plaintiff or any other colored
for 85@@% fixed the scale of salaries | teacher or principal employed by them
teacher y eachers, in the case of ala less salary than they pay any white
mmgamgo has the qualifications and|teacher or principal employed by them
(the cop &Pove mentioned, at $1,250|and filling an equivalent position in the
ing thep,"able statutory minimum be-|public _schools of ~Anne Arundel
ers at $150) ; and for colored teach-| County.” It does not follow that be-
$680. éh,mﬁum general minimum being|cause the positions are equivalent the
elemen(; figures are for «3&83 in|particular persons filling them are
ever, iy vmébooﬂm. The plaintiff, how- | necessarily equal in all respects in pro-
mentary, principal of a colored ele-|fessional attainments and efficiency;
Arunde}1©0l at Camp Parole, Anne|and some range of discretion in de-
teacher A 0ty, Maryland, with three|termining actual salaries for particular
eleventy, Stants and he is now in his|teachers is entirely permissible to the
The St AT of teaching experience |County Board of Education. If the
prescrih, Iminimum statutes do not|County Board continues to observe the
a pring S salary for the position of |minimum State statute for salaries for
| of a colored elementary|white teachers, it is difficult to see how
EmBm:?QO for white principals of [it would have legal justification for
the latt, Schools, the minimum for|paying colored teachers less than the
same pivﬂﬁm.nm the viaﬁﬁ: ,~.§m the | minimum required for white teachers
has ﬁSosﬁuNSobm. as the plaintiff, and | of similar standard professional quali-
The ao:VGH assistants) being $1,550. | fications and experience, as such dis-
galary 4 ‘'Scale fixes the minimum | crimination would seem to be clearly
parable, wwhite principal of a com-|based solely on race or color. But the

‘@0l at $1,550, and for a|Board has full discretion in its judg-

=

the view was taken that he has a sul-
ficient status as a
teacher by profession and occupation
to have the question determined. Again | Niles,
it is argued that an injunction should
not be granted because there is an ade-
quate remedy at law by mandamus in|court of Baltimore City letters of adminis-
the State Court.
cussed in the former case, but in a some- late, sof
what different connection. pusl 2
tions to an injunction which were there | hereby warned to exhibit the same, with
held valid, do not exist here; and Title
8, s. 43 of the United States Code ex-
pressly authorizes an injunction as a|law,

appropriate remedy in this
cases.

The County Board of Education also | November, 1939.
contends that if the plaintiff is entitled | n7,14,21,28
to the relief prayed for in this case,
it has a remedy over against the State
Board of Education and the County|THIS IS TO GIVE NOTICB, That the sub.
Commissioners of Anne Arundel Coun-
But for the reasons fully stated
in the opinion in the former case, I do
mﬂoﬁ find or conclude that there is any
judicial remedy, as distinet from legis-
lative amendments, to which the defen-|the vouchers
dants are entitled against the State
Board of Education and the State offi-
cers in charge of the Equalization Fund,
or any present remedy over against the
County Commissioners of Anne Arun-
del County. The applicable legal pro-
cedure is that the County Board of Ed-|n7,14,21,28
ucation will have to prepare a new bud-
get for the next scholastic year, and the
County Commissioners, to the extent|rHIS IS
required by the statutes, will thereafter
have to fix the necessary county rate

possib
class

ty.

for taxation.

missed.

Counsel for the plaintiff are also not
unmindful of the financial problems|to the
which will necessarily be faced by the
County Board of Education and County
Commissioners of Anne Arundel County | are requested
by reason of the injunction to be issued
in this case, and have expressed willing-
ness to have the operative effect of the
injunetions postponed until the prepa-
ration of the next annual budget by the
County School Board; and therefore
the judgment to be entered will conform | THIS IS TO GIVE NOTICE, That the sub-
to this agreement.

The findings of fact and conclusions| iation on the estate
of law expressed in this opinion are in-
tended to be in compliance with Rule 52
of the Federal Rules of Civil Pro-
amaﬁwmw but if counsel on either side
mmmm:.o separate and more explicit find-
ings of fact they can be prepared and
submitted for consideration. As already | all benefit
stated, the controlling issue of fact is
whether there has been unlawful dis-
crimination by the defendants in de- BERTHA T. STEWART,

ermining the salaries of white andin7,14,21,28

>

X I conclude therefore that CHARLES E. RICE,
the third party complaints must be dis-

S ST s g e

—_—
Fourth Insertion.
L (R OR Tl v iae Hax = BRI
Barton, Morrow & Yost, Attorneys,
Baltimore Life Building.

THIS IS TO GIVBE NOTICH, That the sub-

the noritnwest »sluc VL &y
north side of Oliver St.; and runnin
thence northwesterly along the center of
said partition wall 28 feet 9 inches, more
or less, to the end thereof; thence still
=o~.§€ow$2«~ mocuwﬁcabm the mHmEm n&umm.
. s s | tion 36 feet nches, more or less, to e
scriber has obtained from the Orphans southeast side of an alley 10 feet wide;
thence northeasterly w&m:wm Sw—m moagowmm
i side of said alley 11 fee inches, more o
mMWbWW%g m,%m.oMMme.NQWmH persons | less, to the division between the closet on
The objec-|paving claims against said deceased are this lot and the one adjoining on the
avine northeast; thence southeasterly along said
division 3 feet 7 inches, more OT less;
thence mo:;ﬂﬂmnmnquﬁ%nw Mvm mo%wnﬂm.ﬂmn
S i i side of said closet oot to a vision
of zww _mM%w%%mSmwwEB%W cﬂwwwmm% —%M.mba fence; thence mo:EmMngw along said
estate. All persons indebted to said estate |fence 4 feet 114 inches to the westernmost
estate, msted fo make immediate payment, | corner of the brick dwelling adjoining on
Gi der my hand this 6th day of |the northeast; thence northeasterly 43
YD Jun et y ANNA L. WACKER, inches to the center of the partition wall
‘Administratrix. | between the house on this lot and the
house adjoining on the mnortheast; thence
southeasterly along the center of said
partition wall 62 feet 8 inches, more or less,
to the northwest side of Gay St. 3 and
thence southwesterly binding on the north-
west side of Gay St. 15 feet 1 inch to the
toGr place of beginning. In fee-simple and im-
tary o e e OWARD MBISTBR, proved by & 3-STORY BRICK DWELL-

ING.
i ity, deceased. All persons

Wm_mmgwm meﬁ:mo x%«&:mﬁ said deceased are| Terms: 1/3 cash, balance in 6 and 12
hereby warned to exhibit the same, wilh [ months, with interest on credit halances, or
thereof legally authenticated, | all cash, at purchaser’s option; expenses,
to the subscriber on or before the Oth day |including special paving tax, if any, to be
of May, 1940; they may otherwise, by |adjusted to day of sale. Deposit of $200
law uaimwﬁsmmm from ail benefit of said required at sale; balance to bear interest
estate. All persons indebted to said estate | from day of sale.
are requested to make immediate payment. JOHN A. FARLEY, Trustee.
Given under my hand this 6th day of gy w. PATTISON & CO., Auctioneers.

, 1939.
November, 190/ #ONSO VON WYSZECKL, paa s
Executor.

qualified school

This also was dis-|tration on the estate of

the vouchers thereof legally authenticated,
to the subscriber on or before the 9th day

Wyszecki, Attorney,

Alfonso von
Pleasant Street.

100 East

geriber has obtained from the Orphans’
Court of Baltimore City letters testamen-

Francis I. Mooney, Attorney,

111 North Charles Street.

TO GIVBE NOTICB, That the mﬁe..
seriber has obtained from the Orphans

Court of Baltimore City letters of adminis-

tration on the estate of

FALL MEETING

15 DAYS RACING
late of said city, deceased. All persons
having claims against said deceased are
hereby warned to exhibit the same, with
the vouchers thereof legally authenticated,
subscriber on or before the 9th day
of May, 1940; they may otherwise, by
law, be excluded from all benefit of said
estate. All persons indebted to said estate
to make immediate payment.

———————————————————————————
—_—

BOWIE

Nov. 16 to Dec. 2

INCLUSIVE"

Given under my hand this 6th day of
November, 1939. EDWIN J. RICE,
n7,14,21,28 Administrator.

nfldzles = 000000
REAL ESTATE ONLY.

John V. Klier, Attorney,
1222 Fidelity Building.

seriber has obtained from the Orphans’
Court of Baltimore ,owmw letters of adminis-
0

EMMA C. STEWART,

late of said city, mmommm.mm, All persons
having claims against said deceased are
hereby warned to file in said Court their
claim~ against said decedent, with the
vouchers thereof legally authenticated, on
or before the 9th day of May, 1940; they
may otherwise, by law, be excluded from
of wsaid estate. All persons
indebted to said estate are requested to
make immediate payment. Given under my
hand this 6th day of November, 1939.

First Race, 1.30 P. M.

em———————————————————————————
—_—

Daily Double Window
CLOSES 1.15 P. M. i

Administratrix. 1

D e ——7TT

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