1043702_EWP_IMAG0143.JPG

extracted text: 39 8.E. 559.

Wo conc, then, to the sccond question, i.e. do plaintiffs as

Negro tenchers holding certificates qualifying thon to tcach in the

public schools of Norfolk have rights which are infringed by the

A1serinination of which they conplain? The answer to this nust be

in the affirmativc. As gcachers holding certificates from the statc,

plaint1ffs have acquircd a professional gtatus, It is true that
they arc not ont itled by reason of that fact alone 1O contracts ©O
teach in the public schools of the state; for whet"er any particular
one of then shall he employed to tcach is a matter resting in the
sound discretion of the school aut horitics; but they are ontitled to
nave tho compensation for positions fOF. which they may applis ARG
which will unquestionably be awarded to scme of then, fixed without
unconstitutional Aiscrinination on account of racc. AS pointed out
by Judge Chesnut, in Mills V. Lowndcs, supra, they are qualificd
school teachers anf hove the civil right, as such, to pursuc thelr
profcssion without being sub jected to discriminatory legislation on
account of racec or color. It 1s no answer to this to say that the
hiring of any toncher 1s & nat tor resting in the discretion of thoe
school authoritics. Plaintiffs, as teachers qualified anl subjeet te
enployment DY the state, arc entitled to apyly for ghe positions

and to have the aiseretion of the authoritics cxercised 1awfully and