North Carolina - Acts on Education Topics

An Act to Establish Graded Public Schools in the City of Hickory.

1897 Public Laws: Chapter 179

Public Laws and Resolutions of the State of North Carolina Passed in 1897 - Pages 301-304.

The General Assembly of North Carolina do enact:

Section 1. That for the purposes and benefits of this Act, the territory embraced within the present corporate limits of the city of Hickory, Catawba County, shall be, and is hereby constituted a public school district for both white and colored children, to be known as "The Hickory Graded School District."

Sec. 2. That the graded public school in said district shall be, from and after the ratification of this Act, under the control of a board of school trustees composed of six (6) members; that P. G. Hall, G. H. Greitner, and T. A. Witherspoon, the present public school committee under the general law, are hereby appointed three (3) members of said board, their terms of office to expire on the first Monday in May, 1898, and the three (3) vacancies in said board shall be filled by the qualified voters of the city of Hickory, at the regular municipal election held on the first Monday in May, 1897, said election to be held in all respects as provided for the election of three aldermen for said city, and the trustees so chosen to hold office for the term of two years.

At each annual municipal election thereafter, three (3) school trustees shall be so elected for the term of two (2) years, to fill the places of the three (3) retiring members; any other vacancy on said board shall be filled by appointment of the board of city aldermen, until the next annual election.

Sec. 3. That the board of school trustees hereby created shall be a body politic and corporate by the name and style of "The Board of Trustees of the Hickory Graded School," and by that name shall be capable of receiving gifts and grants, purchasing and holding real and personal estate, selling, mortgaging and transferring the same for school purposes, and of prosecuting and defending suits for or against the corporation hereby created. Conveyances to said school trustees shall be to them and their successors in office.

Sec. 4. That the said board of trustees shall have entire and exclusive control of the graded public schools, and all public school property in the city of Hickory, and shall prescribe rules and regulations for their own government, not inconsistent with the provisions of this Act; shall employ and fix the compensation of officers and teachers annually, subject to removal by said board; shall make an accurate census of the school population of the city, as required by the general law of the state, and do all other lawful acts proper to the management of the public school interests of the city: Provided, that all children resident in the city of Hickory between the ages of six (6) and twenty-one (21) years shall be admitted into said schools free of tuition charges, and those desiring to be admitted as pay students may be admitted upon such terms as the board may direct.

Sec. 5. That said board of school trustees shall annually elect one of their number treasurer and custodian of all public school funds, and the public school money derived from the state for the benefit of said school district, and all money collected within the said district, from year to year, as county school tax, is hereby appropriated to and set apart for the use and benefit of said graded public schools, and the same, together with the money arising from any special tax, gift, grant, apportionment or otherwise shall be paid to and received by the treasurer of said board of school trustees, and the said treasurer shall report monthly to said board his receipts and disbursements, with all vouchers for the same.

The moneys so received shall be held by the said treasurer as a fund, to be disbursed only upon the orders of the board, signed by its chairman and countersigned by its secretary. The said treasurer shall furnish annually to the board of aldermen a statement in writing of his receipts and disbursements of the school money, properly endorsed and approved by the chairman and secretary of the said school board. The bond required of said treasurer shall be fixed by the board of school trustees, in an amount sufficient to secure all school money which may at any time come into his hands.

Sec. 6. That upon the written application of one hundred citizens of the city of Hickory it shall be the duty of the board of aldermen of said city to submit to the qualified voters, within three months after the filing of such petition, the question of levying an annual tax for the support of graded schools in said city, and they shall give thirty (30) days' notice of said election in some newspaper published in said city; said election shall be held in the same manner as is provided for the election of mayor and aldermen for said city, and at any time designated by said board of aldermen: Provided, that such election shall not be held oftener than once in any twelve months.

Sec. 7. That an election held under the provisions of section five (5) of this Act, those who favor the levying of such tax shall vote a written or printed ballot, with the words "For schools'' upon it, and those opposed to levying such tax shall vote a written or printed ballot, with the words "Against schools" upon it, and if a majority of the qualified voters shall vote for such tax the same shall be levied and collected annually by the city authorities, under the same rules and regulations as are provided by law for levying and collecting all other city taxes in and for said city of Hickory: Provided, that the special taxes so levied and collected shall not exceed twenty cents on the hundred dollars' valuation of all the taxable property of said city, and upon the poll not exceeding sixty cents.

Sec. 8. That the city tax collector shall be subject to the same liabilities for the collection and disbursement of said special tax as he may for other city taxes, and his compensation and bond shall be fixed by the board of aldermen.

Sec. 9. That the said board of school trustees shall apportion the money raised and received for educational purposes in the city of Hickory, as shall be just to the white and colored races, without discrimination to the prejudice of either race, due regard being paid to the cost of keeping up and maintaining the schools for both races, separate schools to be provided for each race. If the number for either race, and the fund therefor, is insufficient to maintain a graded school, the fund may be applied for a public free school for said race under the control of said board.

Sec. 10. That said board shall have power to appropriate and expend of the special tax fund, whenever levied, as hereinbefore provided, an amount not exceeding in any one year ten cents on the hundred dollars valuation of all property, and thirty cents upon the poll, for the purpose of purchasing sites, erecting buildings and furnishing the same in a manner suitable to the needs of said graded public schools.

Sec. 11. That said board shall make to the board of aldermen annually, at such time as is required under the school law of the state, a report containing an accurate census of the school population, and showing the work done, and money expended, on account of the graded or other public schools in the city of Hickory, a copy of which report shall be forwarded to the superintendent of public instruction in the state, and a copy to the county examiner for Catawba County. The beginning and ending of the school year shall be fixed by the board of trustees.

Sec. 12. That all laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 13. That this Act shall be in force from and after its ratification.

Ratified the 1st day of March, A.D. 1897.

Daniel L. Russell, Jr., Governor
Charles A. Reynolds, Lt. Governor and President of the Senate
A.F. Hileman, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, April 28th, 1897.

I, Cyrus Thompson, Secretary of State, hereby certify that
the foregoing (manuscript) are true copies of the original acts
and resolutions on file in this office.

Cyrus Thompson,
Secretary of State.



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