North Carolina - Acts on Education Topics

An Act to Establish a Graded School in the City of Asheville.

1885 Public Laws: Chapter 328

Public Laws of the State of North Carolina Passed in 1885 - Pages 583-585.

The General Assembly of North Carolina do enact:

Section 1. That the board of aldermen of the town of Asheville may at any time after the ratification of this Act submit to the qualified voters of the city of Asheville, under such rules and regulations as they may prescribe, whether an annual tax shall be levied for the establishment and support of [a] graded school for each race of said city. That such qualified voters at such election shall vote a ticket on which shall be written or printed the words "For School," or "Against School," and the penalty for illegal voting shall be the same as in other elections for said city. In case a majority of the qualified voters in such election shall favor the tax, the same shall be levied and collected by the authorities of the city of Asheville, and the tax collector shall be subject to the same liabilities for the collection and payment of such taxes as he is by law for other taxes. The taxes thus levied and collected shall be one-tenth of one per centum and the tax on the poll shall be equal to the amount levied on the three hundred dollars' worth of property.

Sec. 2. If a majority of the votes cast shall be "For School," then the aldermen of said city shall elect six persons who shall constitute a "Board of Education for the City of Asheville." Of these six persons two shall be elected for one year, two for two years, and, the other two for three years, and at the expiration of the term the successor shall be elected for three years. The mayor of the city shall be ex officio chairman of the board but shall have no vote in any matter except in case of a tie. The members of the board before entering upon the discharge of their duties shall take an oath to faithfully discharge all the obligations and duties devolving upon him as a member of the board.

Sec. 3. That it shall be the duty of the board as soon as possible to secure by purchase or gift suitable places for the schools contemplated by this Act, and to that end may solicit contributions and gifts, and if they think best use the first year's money, or so much thereof as is necessary.

Sec. 4. That those persons through whose land the city line runs shall have all the rights, powers and benefits of this Act: Provided, that said person prior to the election held shall signify to the aldermen in writing his desire, and subject that portion of the tract of land outside the city limits to the taxes imposed by this Act.

Sec. 5. That the "Board of Education for the City of Asheville" shall, so soon as they determine to open the school, elect such officers and teachers as may be necessary to carry on the work they have in charge, and they may fix the salary of each at such an amount as they may deem proper, any other law to the contrary notwithstanding, and shall have power to make such rules, by-laws and regulations as may be necessary for the good of the school.

Sec. 6. The board of education shall have full charge of the school fund raised by virtue of this Act [and] such other fund as may be apportioned to the city of Asheville, and shall use the same for school purposes and in such manner as to promote the best interest of both races: Provided, that equal facilities with equal terms shall be given both races.

Sec. 7. The tax when voted shall remain the same from year to year unless reversed or reduced by a vote of the people on the subject.

Sec. 8. That this Act shall be in force from and after its ratification.

In the General Assembly read three times, and ratified this the 11th day of March, A.D. 1885.

Alfred M. Scales, Governor
Charles M. Stedman, Lt. Governor and President of the Senate
Thomas M. Holt, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, May 18th, 1885.

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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