. £ .
he Cohstitfition of'the United States is provided for under the Rulcs
f Givil Proccdure, Rule 17(b). The point is not important, however,
& the suit 1s brought as a class sult and the members of the
ssoclation belong to the same elass as the plaintirff Alston. Like-
ise, therc can be no question as to the propriety of Joining the
superintendent of Schools with the Board as a party defenant, as
,eachers are cnployed on the recommendation of the Superintcndent
Va. Code sec. 660); he roquests the City Council to fix the tax
Llevy 80 as to net the amcunt necessary for the operation cof the
schools (Va. Code sec. 657); and he is naned by the statute as onc
f those charged with the adninistration of the schocls (Va. Code
5eC.611) 0
For the rcasons stated, the order appealed from will he
cversed and the cause will be rcmanded for further proceedings not
nconsistent herewith. If the allegations of the complaint are
stablished, plaintiffs will be entitled to a declaratory judgnent to
he effect that the discrininatory pelicy complained of ig violative
f their rights under the Constitution and to an injunction restrain-
ng defcndants fronm naking any discrinination on the grounds of race
r color in fixing salaries to be paid
urrent fiscal ycar,
school tcachers after the
To avoid confusion and. inconvenience in the
reparation of the budget and the naking of contracts for the
1sulng yecar,we have given inmediate conslderation to the casc. The
ate will issuc forthwith, to the end that pronpt action may be
ken by the court below,
