Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-29

&c.
Supreme Court OF Appeals. West Va.
November 16, 1898.
THE BOARD OF EDUCATION CAN
NOT DISCRIMINATE BETWEEN
WHITE AND COLORED SCHOOLS
IN THE SAME DISTRICT AS TO
THE LENGTH OF TERM TO BE
TAUGHT.
A TEACHER OF A COLORED
SCHOOL IS ENTITLED TO PAY
FOR THE WHOLE TERM OF SER
VICE, ALTHOUGH THE TERN OF
HER SCHOOL WAS LIMITED TO
A SHORTER TERM THAN WHITE
SCHOOLS IN THE DISTRICT
SUCH DISCRIMINATION, BEING
MERELY ON ACCOUNT OF
COLOR, is AGAINST LAW AND
PUBLIC POLICY.
Carrie Williams sued the defendant
for three months salary for services as
teacher Of the colorcd school of Cake
ton, in Fairfax district. One of the de-
fences was that the people Of the dis
trict having voted for an eight months
school. the board had determined 10
run the white schools eight months,
and the colored school only five months.
The court says:
This distinction on the part of the
board, being clearly Illegal. and n dis
elimination made merely on account of
color. should be treated as Il nullity, as
being contrary to public policy and
good morals. At the end of five months
the board notified the teacher to stop
me school. the only reason for so doing
being their discriminating action to-
wards the cOlored school. This she re-
fused to do. but taught it satisfactorily
to the patrons of the school. Hence no
court will permit an otherwise just
claim to be defended on the grounds OF
dereliction OF duty or misconduct on
the part of any public officer, because
detrimental TO the public service. and
injurious to the common veal. AS no
individual can take advantage of his
own wrong, so no public servant can
take advantage OF his own illegal con-
duct. or failure to discharge his oilicial
duties in accordance With the express
provisions of the statute that creates
him. Ignorance of law is no excuse,
and violation of law is no defence Dis
crimna ton against the co.ored people,
because of color alone. as TO privileges.
immunitics, and equal legal protection,
is contrary 10 public policy and the law
of the land II any discrimination as
TO education should be made, it should
be favorable 10, and not against, the
colored people. Held in the bondage of
slavery, and continued in a low moral
and intellectual condition for i long
period of years, and then clothed ut
once, without preparation. with fun
citizenship, in this great republic, and
the power to control and guide its des-
TIMES, the future welfare. prosperity,
and peace of our people demand that
this benighted race should be elevated
by education, both morally and intel
lectuaily, that they may become cx-
emplaiy citizens; otherwise the per-
petuity of our free Institutions may be
greatly endangered.
But the board says. it being a COL
ored school. it was allowed its pro ia Ia
share of the funds. and limited to the
period or five months. This action on
its part, being without authority, and
in direct disobedience OF law, must be
dlsregaroed. and the board presumed TO
have discharged its legal duties.
Counsel insist that the colored puDlls
having been allotted their pro rata
share of the school funds, have no
right to complain. The law guaran.
teed them eight months of school and
though 1t cost many times in propor-
ton what the white schools cost the,,
should have had it. Money values
should not be set off against moral and
intellectual Improvement a natjnn
that depends on its wealth is q do
PRAYED nation, while moral purity ana
intellectual progress alone can preserve
the integrity Of free Institutions ana
the love of true liberty. under the nro-
lection of equal laws in the hearts or
the people. The judgment is affir:. ed.
PRUDENTIAL ms. co. OF AMERI-
~