North Carolina - Acts on Education Topics

An Act to Establish a Graded School in the Town of Rutherfordton and Surroundings.

1895 Public Laws: Chapter 409

Public Laws and Resolutions of the State of North Carolina Passed in 1895 - Pages 439-440.

The General Assembly of North Carolina do enact:

Section 1. That the board of aldermen of the town of Rutherfordton, at any time after the ratification of this Act, may submit to the qualified voters of the town of Rutherfordton, 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 section. 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 in said section or the town of Rutherfordton. In case a majority of the qualified voters in such elections shall favor the tax the same shall be levied and collected by the authorities of the town of Rutherfordton, 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 not exceed one half of one per centum, and the tax on the poll shall be equal to the amount levied on the six hundred dollars' worth of property.

Sec. 2. If a majority of the votes cast shall be "for school," then the aldermen of the town of Rutherfordton shall elect four persons who shall constitute a board of education for said section; of these four persons two shall be elected for one year and the other two for two years, and at the expiration of the term the successors shall be elected for two years. The mayor of the town shall be ex officio chairman of the board, but shall have no vote in any matter except in the 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 them as members of the board.

Sec. 3. That it shall be the duty of the board as soon as possible to secure by purchase, gift or otherwise suitable places for the school 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 boundary line of the section may run shall have all the rights, powers and benefits of this Act: Provided, that said persons, prior to the election held, shall signify to the aldermen in writing his desire, and subject that portion of the tract of land outside of the limits of said section to the taxes imposed by this Act.

Sec. 5. That the board of education for said section shall, so soon as they determine to open the school, elect such teachers and officers as may be necessary to carry on the work they have in charge, and they may fix the salary of each at such amount as they may deem proper, and 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 said board of education shall have full charge of the school fund raised by virtue of this Act, and shall use the same for school purposes and in such a manner as to best promote the surest interests 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.

Ratified the 13th day of March, A.D. 1895.

Elias Carr, Governor
Rufus A. Doughton, Lt. Governor and President of the Senate
Zebulon Vance Walser, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, May 23rd, 1895.

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

Octavius Coke,
Secretary of State.

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