North Carolina - Acts on Education Topics

An Act in Relation to the Public Schools in the City of Statesville.

1891 Public Laws: Chapter 386

Public Laws of the State of North Carolina Passed in 1891 - Pages 457-460.

The General Assembly of North Carolina do enact:

Section 1. That the board of aldermen of the city of Statesville shall and they are hereby authorized to submit to the qualified voters of said town at such time or times not oftener than once in any one year until such schools are established, under such rules and regulations as said board may prescribe and within six months after the ratification of this Act, whether a tax shall be annually levied therein for the support of the schools in said town provided by this Act. At the election held under the provisions of this Act those who favor the levying of such tax shall vote on written or printed ballots "For school," and those who are opposed to the levying of such tax shall vote on written or printed ballots without device the words "Against school." The penalties for illegal and fraudulent voting in this election shall be the same as in the elections held under the general laws of the state in state and county elections. The board of aldermen shall give thirty days' notice of the time of holding said election in one or more newspapers published in the town.

Sec. 2. The inspectors of said election shall, on the day following said election, certify the number of votes cast and counted for and against school to the board of aldermen of said town, who shall proceed to declare at once the result of the election, and if a maiority of the votes cast shall be in favor of such tax the same shall be levied and collected by the town authorities, under the same rules and regulations under which other town taxes are levied and collected, and the tax-collector shall be subject to the same liabilities for the collection and disbursement of the said tax as he is or may be for other town taxes: Provided, the special taxes so levied and collected shall not be less than one-fifth of one per centum on the property nor more than one dollar upon each poll. The taxes levied and collected under the provisions of this Act shall be applied exclusively to the support and maintenance of the graded public schools in the city of Statesville, or for providing by purchase or otherwise suitable buildings and grounds for the said schools.

Sec. 3. For the purposes and benefits of this Act, the city of Statesville shall be and is constituted a public school district for both white and colored.

Sec. 4. If this Act shall be ratified at any one of the elections authorized to be held under it, the school committee of the city of Statesville shall consist of six members instead of three, as now required by the general school law, to be elected by the aldermen of the city of Statesville at their next regular meeting held after the election provided in this Act. The said school committee shall be divided by the said aldermen at the time of their election in three classes of two each. The terms of office of the first class shall expire at the end of two years from the date of election; of the second class at the end of four years; and of the third class at the end of six years. Whenever the term of office of any class shall expire as above provided, their successors shall be appointed for a term of six years by the said aldermen. Whenever any vacancy occurs in said committee, except by expiration of the term of office, the vacancy for the unexpired term of the member or members shall be filled by the board of aldermen.

Sec. 5. That the school committee provided for by this Act shall have entire and exclusive control of the graded public schools, their interests and property in the city of Statesville, 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 the removal by the said committee; shall make an accurate census of the school population of the town as required by the general law of the state, and do all other acts that may be just and lawful to conduct and manage the public school interests of the town: Provided, all children resident in the city of Statesville between the ages of six and twenty-one shall be admitted into said schools free of tuition charges, unless upon the voluntary subscription of their parents or guardians.

Sec. 6. The moneys which shall from time to time be apportioned under the general school law of the state to the Statesville public school district or districts, and embracing said town, and any moneys which the said district or districts may be entitled by reason of any special tax, gift, grant, apportionment or otherwise, shall be received by the treasurer of the city of Statesville, who shall be ex officio treasurer of said school committee, and whose receipt for such moneys shall constitute a sufficient voucher for such payment in the hands of any person paying the same, and the said treasurer shall report monthly to the said school committee his receipts and disbursements, with all vouchers for the same. The moneys received as aforesaid shall be held by the treasurer as a separate fund, to be disposed of under the direction of the aforesaid school committee, whose warrants, signed by the chairman and countersigned by the secretary of the said committee, shall be the only valid vouchers in the hands of the said treasurer for the disbursement of the said money in any settlement required of him by the law. 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 and duly audited and approved by the chairman and secretary of the school committee: Provided, the accounts, books and vouchers of the said treasurer shall be open for the inspection of said school committee at any time.

Sec. 7. The bond now required of the treasurer of the town to protect public funds of the town in his hands shall be an amount sufficient to include double the amount to secure other funds which may come into his hands. The said treasurer shall receive as compensation such an amount as may be fixed jointly by the committee and the board of aldermen of the town.

Sec. 8. The school committee provided for by this Act shall apportion the money raised and received for educational purposes in the city of Statesville as shall be just to the white and colored races without discrimination of or to the prejudice of either race, due regard being paid to the cost of keeping up and maintaining the schools for both races; the schools to be provided for separate for each race. If the number for either race and the fund therefor is insufficient to maintain a graded school, the fund without discrimination may be applied for a public free school for said race under the control of said committee.

Sec. 9. The committee created by this Act may annually elect a superintendent of the schools established under this Act, who shall also be the principal of the graded white school, if the same be established. He shall also have general superintendence of the colored school, whether a graded or public school. He shall examine all applicants for teachers' positions in said schools and issue certificates to the same before any teacher shall be eligible to election by the committee as teacher in any of said schools, and he shall do and perform such other duties as may be prescribed by said school committee.

Sec. 10. That the said committee 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 of the town, showing the work done and money expended under their direction in the city of Statesville, an account of public graded or other public schools therein, a copy of which report shall be forwarded to the superintendent of public instruction in the state, and a copy to the superintendent of public instruction in the county of Iredell. The beginning and ending of the school year shall be fixed by the committee.

Sec. 11. The school committee hereby created shall be a body politic and corporate by the name and style of "The Statesville Graded Schools," 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, of prosecuting and defending suits for or against the corporation hereby created. Conveyance to said school committee shall be to them and their successors in office, and all deeds, mortgages and other engagements affecting real estate shall be deemed sufficiently executed when signed by the chairman, one member of the committee, the secretary, and the seal of the corporation is affixed thereto. The corporation may have a seal, which it may break or alter at pleasure.

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

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

Ratified the 6th day of March, A.D. 1891.

Daniel G. Fowle, Governor
Thomas M. Holt, Lt. Governor and President of the Senate
Rufus A. Doughton, Speaker of the House of Representatives

State of North Carolina,
Office Secretary of State,
Raleigh, June 13, 1891.

I, Octavius Coke, Secretary of State, hereby certify that the fore-
going are true copies of the original acts and resolutions on file in
this office.

Octavius Coke,
Secretary of State.

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