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 in Circuit to was ai watch S10 and a after of valid was and and curred on the teaching staff, they were qualified to "It is our conclusion that there is substantial evidence to support the trial court's /determination that the plaintiffs have failed to meet the burden of proving that tbe Board's actiaa ia failing to new their teaching contracts sulted from racial discriminatiori;" The opinion quotes part of one of several stipulations agreed to during the trial in 1956. It Recommendations for appointment shall be made on the basis re _{ 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. merit- determined by Superintendent from the applicant's qualifications, training, experience, personality and ability to fulfill the requirements of the position." The opinion continues: "x x x It is conceded that some of the Negro teachers had a greater number of college credits than some of the white teachers, and is likewise true that some of the plaintiffs had more years of experience in teaching than some of white teachers who were employed. Intangibles Important "There is ample expert testimony to the effect that the intangibles included in the Board's rule are important elements to be considered in determining teacher qualifications." Part of Judge Harper's ruling was quoted. It said: "x x x Teaching is an art; and while skill in practice cannot be acquired without knowledge and experience, ex- these two factors alone. The processes of education involve leadership, and the success of the teacher depends not alone upon college degrees and length of service, but also upon aptitude and the ability to excite interest and to arouse enthusiasm- x x x" Judge Harper's opinion is quoted further: "x. x; x There is no testimony that there was any effort get rid of the N e g r o either as individuals or as a because of race or color. The board determined after a full and fair consideration of the matter that the white, teachers in the system were better qualified than the Negro teachers and none -of the Negro teachers were re-mployed. No Mathematical Formula "x x x The individual qualifications, capabilities and abilities of each teacher must be considered, and human capabilities cannot be reduced to. a mathematical formula. "Intangible factors, such as personality, character, disposition, industry," adaptability, vitally affect the work of any teacher. The the in and New 8 powers was the little

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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

    kjohnsonge – 13 Mar 2014

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