-
Title
-
EWP 1 Parker (5)
-
EWP Parker (5)
-
Tag
-
discrimination, education, employment, equal rights, legal precedent, racial equality, systemic racism, judiciary, African American teachers, landmark cases
-
Place
-
Virginia
-
Identifier
-
1000773
-
Is Version Of
-
1000773_EWP_Parker_(5).JPG
-
1000773_EWP_Parker_(5).pdf
-
Is Part Of
-
Uncategorized
-
Date Created
-
2024-01-07
-
2024-07-22 19:27:10 +0000
-
Format
-
Jpeg Image
-
Publisher
-
Digitized by Edwin Washington Project
-
Rights
-
Loudoun County Public Schools
-
Language
-
English
-
extracted text
-
7
%
U e
O
B
A
‘Court y 30 F. Supp. 245, Judge Chestnut appli
- il ,e;lln with the precise question here involved, Judze Chestnut,
in Eills v. Lomndes 26 F. Supp. 792, 801, said:
s
"#hile the State moy freely sclect its employecs and detcrmine
their compensation it would, in my opinion, be clcarly unconstitutional
for a state to pass elgislation which imposed discriminatory burdens on
the colored race with respeet to their qualifications for office or pre-
scribe a rate of pay less than that for other classcs solely on account
of race or color. If thocrefore the state laws prescribed that colored
tcachers of equal qualifications with white teachers should receive less
COMPGIID WU LIl Uil GUUuilL vl Llividle vwdud g o wvds o e il d wlooaly e was
conobitutional «"
In the later case of hills v, Board of Education of Ann Arundel
¢d the principle so stated in /
holding that a diseriminction as to pay of teachers in whitc and colored
schools was violative of the constitutional provision, and that 2 colored
tcacher might invoke the power of the court so to dcclarc.. Tn}s'wo ?hlflk
is in nccord with a long line of decisions which condemn dlscrlmlnat}on on
account of rece in the excrcise of governmental power by & state or_lts
agencies. Thus, in Strauder v, West Virginia 100 U. Se 03, cxglu519n of
colored persons from scrvice on pebit jurics was condemncd as violative of
the constitutional provision, In Pierre v, Louisiana 306 U, 5, 35k, the
same holding was made with respect to grand jurics. In Nixon v, Condon
286 U. S. 73 and Nixon v. Horndon 273 U. S, 536, discriminations with
respect to participating in party primarics were condemned, In Lane v.
Wilson 307 U. S. 268 and Guinn v, United States 238 U. S. 347 like hold-
ings were made with respect to discriminabtion rel-ting to the right to
perticipate in elections. Discriminations with respect to the right to
own and occupy property were condemned in Buchanan v, Varley 245 U. S._éo;'
with rospect to Pullmen accommodations on railroads, in McCab? v._atchison,
Topeka and S. F. R. Co. 235 U. S, 151; ith respect to educational facili-
ties, in lissouri ex rel Gaincs v, Canada 305 U, S, 337; with respect to
the division of schcol funds in Davenport v. €loverport 72 F. 689; and with
respect to the pursuit of a trade or vocation, in Chaires v, City of Atlanta
We come, then, to the second question, i, ¢, do plaint iffs as Negro
teachers holding certificates qualifying them to teach in the public schools
of Norfolk have rights which are infringed by the discrimination of which
they complain? The answer to this must be in the affirmative. As teachers
holding certificates from the state, plaintiffs have acquired a professional
status. It is truc that thcy are not cntitled by reason of that fact alone
to contracts to teach in the public schools of the state; for whether any
particular one of them shall be employed to teach is a matter resting in
the sound diseretion of the school authorities; but they are entitled to
_— 6‘; —
