m, lt 15 3 volumar 7 unincorporated association and "is composeld of
* "\7 e
Bezro teachers and principals in the public ?olgred schools of horfg%k 5
=nd the rizht of such an association to sue 1n its chmog name fo? ?‘Pur~
posc of enforcing substantive rights under the Constitution of the United
States is provided for urder the Rules of Civil Procedure. Rule 176 )%, The
point is not important, however, as the suit is brought as a class suit and
the members of the association belong to the same class as the plaintiff
Alston, @ikowise, there can be no question as to the propriety of joining
the Supecrintendent of Sgllools with the Board as a party defendant, as
& a W osan— e LI A b W f S N N s AT e J -k WL AN V’JVJ- Ce v dWwais S e Vi W LN \ vVilLe UL wUwv e
657); and he is named by the statute as one of those charged with the ad-
ministration of the schools (Va, Code sce, 611),
For the reasons stated, the order appcaled from will be reversed
and the cause will be remanded for further proceedings not inconsistent here-
with, If the allegations of the complaint are established, plaintiffs will
be entitled to a declaratory judgment to the effect that the discriminatory
policy complained of is violative of their rights undcr the Constitution and
to an injunction restraining defendants from meking any discrimination on
the grounds of race or color in fixing salaries to be paid school teachers
after thoe current fiscal ycar. To avoid confusion and inconvenienee in the
precparation of the budget and the meking of contracts for the ensuing year,
we have given immediate consideration to the case, Thc mandats will issue
forthwith, to the end that prompt action may be taken by the court below,
