Seth Thomas

“ The plaintiffs objected to the admission in evidence of a rating sheet of all the teachers in the public schools of Little Rock compiled in June, 1942, by the defendant superintendent after this suit was commenced, from ratings made during the preceding months by sponsors under the superintendent's direction. The ratings were not prepared for the purpose of fixing salaries, and were not compiled until after the salaries for the following school year had been fixed. These ratings were offered in evidence because they tended to justify the difference in salaries of white and colored teachers. ”

“ In the city of Little Rock negro teachers are employed for the negro schools and white teachers for the white schools. Both groups are a part of the same system under the supervision of one superintendent and subordinate supervisors or sponsors employed by the Board. There are 86 colored teachers in the system and approximately 320 white teachers. ”

“ That very substantial inequalities have existed between the salaries paid to colored teachers and those paid to white teachers and that such inequalities have continued over a period of years are undisputed. ”

“ No policy, usage or custom existed over a long period of time, at the time of the institution of the suit, or thereafter whereby plaintiff or any member of her class, as colored teachers of the Negro race, is discriminated against in salaries solely on account of race or color. ”

“ The question is one of relativity because the total amount paid the entire group is limited to the amount of the fund raised by taxation for that purpose. The plaintiff Susie Morris testified that in her opinion only training, or college degrees, and years of experience should be considered in fixing salaries. The superintendent, with whom the Board of Directors agreed, testified that those qualifications are only basic, only a starting point; that many people with college degrees can not teach school ”

“ In their briefs in this court defendants state that since the trial in the district court there has been a complete readjustment of the salaries of all teachers in the Little Rock public schools, both negro and white, resulting in an increase of salaries of nearly all the teachers, the most substantial increases being in the salaries of negro teachers. ”

“ Counsel for plaintiffs, however, do not contend that salaries should be the same where the position or the duties or the qualifications required are not equivalent.
On two occasions the Board found that there was more money on hand in the teachers' fund than had been anticipated, and it was decided to distribute this balance among the teachers. Approximately $14,800 was available for this purpose in October, 1941, and $40,000 in June, 1942. A plan of distribution recommended by a committee consisting solely of white teachers was adopted by the Board. ”

“ The explanation that substantially all colored teachers are worth less than substantially all white teachers; that the basic salaries of colored teachers are accordingly lower than the basic salaries of white teachers ”

“ It is conceded that individual merit is a proper basis for determining salaries, but the negro teachers who testified and the defendants do not agree as to the factors which should be considered in arriving at the relative values of teachers. ”

“ In determining the value of teachers it is an evident fact, recognized by the courts, "that because the positions are equivalent the particular persons filling them are [not] necessarily equal in all respects in professional attainments and efficiency; and some range of discretion in determining actual salaries for particular teachers is entirely permissible * * * ." Mills v. Board of Education, etc., D.C., 30 F. Supp. 245, 249; Turner v. Keefe, D.C., 50 F. Supp. 647, 651. Teaching is an art ”

“ General Motors Corporation, 8 Cir., 138 F.2d 197, 199, and cases cited. Further, a "finding of fact" in the nature of a conclusion, such as the one here under consideration, "depends on the nature of the materials on which the finding is based." ”