In 1898, Clifford won a landmark civil rights and education case before the West Virginia Supreme Court of Appeals. In Williams v. Board of Education, Clifford argued against the Tucker County Board of Education's decision to shorten the school year for African-American school children from nine months to five months, keeping a full term for white students. Mrs. Carrie Williams, the colored school's teacher, approached Clifford. He encouraged her to continue teaching for the full nine months, regardless of funding. Clifford then filed a lawsuit against the school board for Williams' back pay. Clifford won the case at a jury trial, and then won again before the West Virginia Supreme Court of Appeals. The Court's decision bolstered equal educational rights for African-American students statewide.
Clifford's victory in the Williams case occurred over fifty years before the landmark "Brown v. Board of Education" case and was one of the few civil rights victories in a southern state's high court before the turn of the 20th century. The J. R. Clifford Project, an organization dedicated to preserving Clifford’s legacy and researching his life, presents re-enactments of this trial.
From Williams v. Board of Education of Fairfax District, 45 W.Va. 199, 31 SE 985 (1898):
"Counsel insist that the colored pupils, having been allotted their pro rata share of the school funds, have no right to complain. The law guaranteed them eight months of school, and, though it cost many times in proportion what the white schools cost, they should have it. Money values should not be set off against moral and intellectual improvement. A nation that depends on its wealth is a depraved nation, while moral purity and intellectual progress alone can preserve the integrity of free institutions, and the love of true liberty, under the protection of equal laws, in the hearts of the people."
The court also said:
"Discrimination against the colored people, because of color alone, as to privileges, immunities, and equal legal protection, is contrary to public policy and the law of the land. If any discrimination as to education should be made, it should be favorable to, and not against, the colored people. Held in the bondage of slavery, and continued in a low moral and intellectual condition, for a long period of years, and then clothed at once, without preparation, with full citizenship, in this great republic, and the power to control and guide its destinies, the future welfare, prosperity and peace of our people demand that this benighted race should be elevated by education, both morally and intellectually, and that they may become exemplary citizens; otherwise the perpetuity of our free institutions may be greatly endangered."
Clifford sued because the school board provided eight months of school for white children but only five months for "colored" children. A teacher whose name is not mentioned continued teaching and sued for the salary for the three months. Clifford won for her the salary, totalling $121.00.
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