June 18, 1959 Moberly Monitor Index

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June 18, 1959 Moberly Monitor Index - of to Williams this in a VirH to the Teachers'...
of to Williams this in a VirH to the Teachers' Suit Be Appealed Again; Might Be Rejected (Continued From Page 1) "' peals court. Attorney O'Keefe presented the schooi board's argument before the Court of Appeals. Robert L. Carter directed the case in 1S58 for the plaintiffs,, and f presented the appelants* argument before the appeals court. Attorneys Herbert 0. Seid, R. L. Witfa- a bogus 2am- hearing in Circuit with to was ai watch S10 and a after of valid was and and -making of on the report in investigation failure the May- in them was a that not the Adm. Bureau curred on the teaching staff, they were qualified to "It is our conclusion that is substantial evidence to the trial court's /determination that the plaintiffs have failed meet the burden of proving tbe Board's actiaa ia failing new their teaching contracts sulted from racial discriminatiori;" The opinion quotes part of several stipulations agreed during the trial in 1956. Recommendations for appointment shall be made on the 1 Ci.ii«Aiit, .-MSiiarv jz_ r t j j j f f j v . v v C.-U Lee V. Swinton worked with him in preparation of the brief. All of the attorneys are retained by the National Association for the Advancement of Colored People. The opinion induced a summary of the case, and stated in part: "School boards "are vested with ' wide discretion in matters affecting school management, including · the employment of teachers, and a · court may not interfere with the i board's action unless the board " has exercised its power in art un- · reasonable, arbitrary, capricious or unlawful manner. "x x x Plaintiffs' theory is that the board could not possibly have come up with the result of refusing employment to the eleven Negro teachers honestly and in good faith upon the basis that in each instance a white teacher has superior qualifications for a position to which the Negro teacher was eligible, and that an inference must be drawn from such result that the Board in its decision was influenced by discriminatory racial considerations"We concede that the result is unusual and somewhat startling. In the usual situation, considering the number of applicants involved. one would suppose that a fair application of standards would result in the re-employment of some of the Negro teachers. However, we cannot say with certainty here that there was no substantial evidence to support the trial court's finding and conclusion that the Board acted honestly .pursuant to its rule in awarding the teacher contracts. "x x xThe -trial court had an opportunity to observe the witnesses as they testified and is in a far better position to determine questions of credibility, of witnesses than this court - upon the cold record^ The trial court also lad.the opportunity to observe ave of the plaintiffs on the witness stand - and- form some judgment with reference to the validity of the defendants' testimony with" respect to the qualifications of such teachers. f£ No Positive Evidence" "We find no positive evidence that" the" Board was influenced by racial considerations in the matter of employing its teachers. Additionally, there are a" number of "actors tending to negative any racial prejudice on the part of the Board. The- integration was completed promptly and in a manner "satisfactory to all concerned. The wishes of the Negroes as^to integration were fully .considered and observed. Before ' integration the Negroes were paid salaries equal to those of the white teachers, and the Negro school was iurnished with the same type of equipment and . supplies as the white schools. "Each case of this type must be decided upon the basis of its own peculiar facts. We have carefully examined the entire record and find a mass. ot:testimony tending to support the Board's determination that the white applicants' qualifications were superior to those of the Negro teachers with * reference to the positions the Negro teachers were certified to teach. The only evidence to the - contrary on the qualifications issue - -was testimony by some of the Ne' gro teachers in which they make 5 some effort to compare their quali- w fications with those of the competing white teachers. In most instances the witnesses by their own · testimony show that they were not ' familiar with lie facts bearing upon the : teaching skills of the competing teachers. . ' "Our examination of the record 1 satisfies us that there is substantial evidence to support the Board's determination as to teacher qualifications. The Board has a wide discretion in performing its duties, including those relating to the employment of teachers. If the Board acted honestly and fairly in the exercise of its discretionary powers, the plaintiffs are in no position to complain, at least so long as the action of the Board is not unreasonable, arbitrary, or motivated by racial consideration. merit- determined by Superintendent from the applicant's qualifications, training, experience, personality and ability to fulfill requirements of the position." The opinion continues: "x It is conceded that some Negro teachers had a greater number of college credits some of the white teachers, is likewise true that some plaintiffs had more years of experience in teaching than some white teachers who were employed. Intangibles Important "There is ample expert testimony to the effect that the intangibles included in the rule are important elements considered in determining teacher qualifications." Part of Judge Harper's was quoted. It said: "x x Teaching is an art; and while practice cannot be acquired without knowledge and experience, these two factors alone. The processes of education involve leadership, and the success of the teacher depends not alone upon degrees and length of service, also upon aptitude and the to excite interest and to enthusiasm- x x x" Judge Harper's opinion is further: "x. x; x There is no testimony that there was any get rid of the N e g r either as individuals or as because of race or color. board determined after a full fair consideration of the that the white, teachers in system were better qualified Negro teachers and none -of Negro teachers were re-mployed. No Mathematical Formula "x x x The individual qualifications, capabilities and abilities each teacher must be and human capabilities reduced to. a mathematical formula. "Intangible factors, such as personality, character, disposition, industry," adaptability, vitally the work of any teacher. Superintendent's recommendation to the various teachers .was upon information he obtained, own observations, and observations -of the principal and teachers in responsible positions the district. There was not slightest inference in "the testimony of these men. that or color of any teacher nto Ms recommendations. "The court cannot substitute judgment for that of the" Soard or the Superintendent Jae wisdom, or expediencey determination within the jurisdiction, but must rather lermine if there exists sufficient factual basis that the Superintendent and the Board's actions arbitrary and discriminatory respect to the Negro teachers. Segro Pupils Poorly Grounded ."x x x One's hindsight better than one's foresight, while it does not enter into decision in this matter, it worthy of note that after the the system were integrated found that virtually without exception for the first half of year 1955-56, the Negro pupils had~ trouble keeping up in classes, but that during the half of the year they were do so. It was the opinion Superintendent that this was to the fact that they were well grounded in fundamentals the wMte pupils with thosa were in classes. This fact the analysis of the plaintiffs the Superintendent, x x x.'* Paris Case Is Appealed To Court m St Louis PARIS' -- The suit of Mitchell against Henry Rudasil las been appealed to the St. Court of Appeals from Monroe County Circuit Court here by defendant ·The suit was over some cows sold by the defendant laintiff, which the plaintiff were diseased at the time sale. Win Dance at Part

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  1. Moberly Monitor-Index,
  2. 18 Jun 1959, Thu,
  3. Page 4

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  • June 18, 1959 Moberly Monitor Index

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