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extracted text: and of the State, without refcrence to consllieratlons dascec upcn
race."

Dcaling with the precise question here involved, Judge
Chestnut, in Mills v. Lowndes 26 F. Supp. 792, 801, said:

"Whilc the State nay freely sclcet its employes and
detcrnine their compensation it would, in ny opinion, be clearly i
unconstituticnal for o state to pass lcgislation which inmposed
discriminatory burdens on the celored race with respeect to their
qualifications for office or prescribe a rate of pay less than that

for other OlPSSOS solely on aucount cf race or color If therefone

the state lwws proscribc1 that colo;o' teacho s of vc;upl qualification

with white toachers shoul? reccive less conpensation cn account of

their color, such a law would cleerly be unccnstituticnal." |
In the later case of iills v. Board of Educatlion of Ann :

Arundel County 30 F .Supp. 245, Juilge Chestnut applied the principle

so stnted in holding that a discrinination as to pay of tcachers in

white and colorcd schools was violative of thoe constitutional pro-

vision, and that a colored teacher night invoke the power of the

court so toc ceclare. This we think is in sccord with a long line of

By S g i
sresiyent