Thomas Clark Trimble III

“ In employing personnel they have the duty and responsibility of investigating the qualifications of the applicants and fixing their compensation if employed, to assign their duties and provide supervision of their work. They have the right to and duty to discharge any teacher whose work they consider unsatisfactory, or under the law they may discharge a teacher for any reason which the directors deem sufficient. They have the right and authority to reclassify and change the rate of salary of any or all teachers within the exercise of their best judgment. ”

“ College degrees conferred upon one and years of teaching experience do not of themselves qualify one for the profession of teaching or of supervising of teaching and do not constitute the sole criteria for admeasurement of teacher worth. ”

“ The court is without authority to set up rules or regulations, to set up a system of weights and balances, to prescribe a yardstick for the admeasurement of the qualifications of any individual applicant or teacher, or lay down any method for determining the value of a teacher to the system. ”

“ It is no doubt true that many of the ratings lack scientific accuracy, inasmuch as several of the factors or qualities set forth in the rating sheet are subjective in their nature, which may have resulted in individual inequalities in the salaries paid. However, the evidence fails to indicate that such inequalities, as may exist are disproportionately numerous among the group or class comprised of negro teachers and principals, nor does the evidence warrant a specific finding that any teacher is being paid less compensation than that to which she is legally entitled. ”

“ Within the system are employed supervisors who visit the schools, observe the teachers and advise with them in their work, assist them in improving their teaching methods, and who report to the superintendent their observations and suggestions for improvement. At the request of the superintendent or board they make rating sheets, on which they rate the individual teachers under their supervision for certain qualifications and abilities. ”

“ It must be remembered at all times that the state by statute, rule or regulation does not require school officials, in fixing salaries of teachers, to fix them solely upon college degrees plus years of experience as teachers. The state has committed to these defendants, the directors, the power and authority and cast upon them the duty of passing upon and determining the qualifications of applicants for teaching positions, and have only prescribed the minimum requirements applicants must meet. ”

“ Age, race, condition of health, condition of eye-sight and hearing, educational and professional training, courses pursued, grades attained, degrees conferred, teaching experience, subjects and grades taught, grade or subject they wish to teach, marital status, number of children, amount of salary they have received, salary they would accept, religious affiliation, and so on. ”

“ The defendant directors are elected to their office by the voters of the city, and serve without pay. They have the duty and authority to employ such supervisory officers, teachers, employees and servants as may be required to operate the schools efficiently and properly. ”

“ In addition to said factors, the ability to impart knowledge to pupils, as well as one's own temperament, patience, instructional skill and performance, disciplinary ability, physical health, personality and character, interest in work, dependability and scholarship, attitude, tolerance, habits and other factors may also be considered and judged. ”

“ In the system there are 86 colored teachers, of whom 50 do not have degrees from accredited schools, nor did they do their college work in accredited schools. There are approximately 320 white teachers in the system, none of them without degrees from or some work in accredited colleges, with the exception of those teaching cosmetology, automobile mechanics, and other special subjects not included in college curricula. ”

“ This statement by the applicant is not the criterion by which the salary is fixed and the final salary may be more or less than that sum.
The superintendent makes his recommendation to the personnel committee of the board and gives them any information they desire. He advises them what he thinks the teacher will be worth to the system. Ordinarily the personnel committee accepts his recommendation, but they may if they desire, and sometimes do, refuse the recomendation entirely or accept it on other terms. ”

“ With only one exception the individual members of the Board of Directors are without experience in the teaching profession, and they rely to a very great extent upon the advice of the superintendent in the operation of the schools, and especially in the selection and employment of teachers, and renewal of contracts. Mr. Scobee, the Superintendent here, came to the system on February 1, 1941, hence at the time suit was instituted had been with the system just [*511] over one year. ”

“ She alleges that she has to satisfy the same requirements as those expected of all other teachers, while or colored; that she exercises the same duties, and performs services substantially equivalent to those performed by other holders of a like license, and that notwithstanding this all white teachers in the system holding a like license with less or equal experience receive larger salaries than does plaintiff. ”