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plaintiffs have waived their right to complain of the discrimination
by cntering into contracts with the School Board for the currcnt yecar.
On the first question, there can be no doubt but that tho
fixing of salary schedulcs for the tecachers is actlon by the state
which is subjcct to the limitations prescribed by the 144h Amcndment.
The Constitution of Virginia “providcs that the General Assembly ghall
cstablish and maintain an cfficicent system of public frce gchools
throughout the state. Article IX, scc. 129, The wcneral ‘Assembly
has establishcd such a system. Virginia Code of 1936, chs. 33 and
35, The public schools of the City of Norfolk arc under the direct
control and supervision of the defendonts, whose duty it 1is O cmploy
teachers and provide for the payment of teachers' salariocs. Virginia
Code, ch. 33, secss 656, 660, and ch. 35, se€Cs 786. Whilc provision

is made in the law for scparate gchools for white and colored persons