North Carolina - Acts on Education Topics

An Act to Establish Graded Schools in the Town of Washington, North Carolina.

1883 Public Laws: Chapter 412

Public Laws of the State of North Carolina Passed in 1883 - Pages 587-590.

The General Assembly of North Carolina do enact:

Section 1. The commissioners for the town of Washington are hereby authorized to submit to the qualified voters of said town on first Monday of May, one thousand eight hundred and eighty-three, whether an annual tax shall be levied therein for the support of graded schools in said town; that such qualified voters at such election are authorized to vote on written or printed ballots the words "for school" and "against school." The said election shall be conducted under the same rules and regulations, and the penalties for illegal and fraudulent voting shall be the same as in annual elections of said town.

Sec. 2. In case a maiority of the qualified voters at such election shall vote "for school" and be in favor of such tax, the same shall be levied and collected by the town authorities under same rules and regulations by which other town taxes are levied; and the tax collector shall be subject to the same liabilities for the collection and payment of said tax as he is or may be for other town taxes: Provided, that the special taxes so levied and collected shall not exceed thirty cents on the one hundred dollars' valuation and ninety cents on the poll, and that the taxes thus levied and collected shall be applied exclusively to the support of graded public schools, and shall not be appropriated or expended for any other purpose; said tax, when collected, shall be paid to the town treasurer, and shall be disbursed by him upon the order of the board of trustees of the respective graded schools to which, under this Act, the said money would belong as hereinafter provided, and the official bond of said treasurer shall be liable for said graded school funds, and in default of payment the said town commissioners shall sue for and recover the same as in case of other town funds, and when recovered the same shall be applied to said graded schools.

Sec. 3. The special taxes thus levied and collected from the taxable property and polls of all white persons shall be expended in keeping up a graded public school for white persons of both sexes between the ages of six and twenty-one years, and the special taxes thus levied and collected from the taxable property and polls of all colored persons, or negroes, shall be expended in keeping up a graded public school for colored persons of both sexes between the ages of six and twenty-one years.

Sec. 4. That Charles M. Brown, Charles K. Gallagher and George V. Credle, W. C. Mallison, Charles F. Warren Jos. L. Winfield, E. S. Hoyt, W. A. Blount and W. T. Farrow, be and they are hereby constituted a board of trustees for the graded school for the whites, and that Henry Basco, Hampton Bonner, Haywood Hunter, Henry S. Jones, Charles Blackledge, J. W. Peyton, J. M. Williams, Sylvester Dibble and Romeo Little, be and they are hereby constituted a board of trustees for the colored school. The first three trustees named herein for each school shall hold office for one year, the second three for two years, and the third three for three years, from the first Monday in May, one thousand eight hundred and eighty-three. That any vacancy occurring in said board shall be filled by the appointment of the board of commissioners of [the] town of Washington, and when any trustee's term of office has expired, the said board of town commissioners shall appoint his successor, who shall hold office for three years: Provided always, that all the trustees for white schools shall be white persons, and the trustees for colored schools shall be colored.

Sec. 5. That said board shall have power to employ teachers, to fix the rates of tuition for pupils attending said schools and residing beyond the corporate limits of the town, and to do all such acts as shall be necessary to carry on said graded school.

Sec. 6. That if a majority of the qualified voters of the town of Washington shall vote "for school," the said trustees herein named for the white and colored graded schools shall be and are hereby created respectively bodies politic and corporate, entitled respectively "The Washington White Graded School" and "The Washington Colored Graded School," and each may sue and be sued, have a corporate seal, and purchase and hold real and personal property.

Sec. 7. The principals and teachers of said graded schools shall not be subject to the prescriptions and rules and laws now provided by statute for teachers of public schools, but in respect to salary and qualification and all other matters shall be governed by the rules and regulations provided by the said board of trustees of each of the corporations herein created.

Sec. 8. That the town of Washington shall constitute a school district for white persons and a school district for colored persons. That the public school money which shall be from time to time collected under the general school law for public school purposes for the white children in said district shall be applied to keeping up the public graded school for the whites under the order and direction of the board of trustees for said graded school for white children: that the public school money which shall from time to time be collected under the general school law for public school purposes for colored children in said district shall be applied to keeping up the public graded school for colored children under the order and direction of the board of trustees for said graded school for colored children.

Sec. 9. That non-residents of said town owning property therein of the assessed value of fifteen hundred dollars or more, shall have the right to send their children to said school free of charge as if living therein.

Sec. 10. That no trustee of either of said graded schools shall be a teacher therein, while acting as such trustee.

Sec. 11. That this Act shall be in force from and after its ratification.

In the general assembly read three times, and ratified this the 12th day of March, A.D. 1883.

Thomas J. Jarvis, Governor
George M. Rose, Speaker of the House of Representatives
James L. Robinson, Lt. Governor and President of the Senate

State of North Carolina,
Office of Secretary of State,
Raleigh, May 24th, 1883.

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

William L. Saunders,
Secretary of State.



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