Bates v. Batte

This appeal presents two questions for our decision. One of them arises upon ap-pellees’ motion to dismiss the appeal for want of jurisdiction in this court because it was not taken in accordance with law. The other goes to the merits of the appeal.

They come up in this way. Brought as a class suit by a negro school teacher with another intervening, the suit was to restrain the defendants, the Superintendent and members of the Board of Trustees, from fixing and maintaining, on the basis of color or race, lower teacher salary schedules for negro, than for white, teachers.

The defendants moved to…