North Carolina - Acts on Education Topics

An Act to Establish Graded Schools in the Town of Morganton.

1899 Public Laws: Chapter 266

Public Laws and Resolutions of the State of North Carolina Passed in 1899 - Pages 395-397.

The General Assembly of North Carolina do enact:

Section 1. That all of the territory embraced within the corporate limits of the town of Morganton in Burke County shall be and the same is hereby constituted "The Morganton Graded School District" for white and colored children.

Sec. 2. The board of commissioners of the town of Morganton are hereby authorized, empowered and directed upon a petition of one fourth of the qualified voters therein to submit to the qualified voters of said town the question, whether an annual tax shall each year hereafter be levied within the said town for the support of graded schools for said district, such tax not to exceed fifty cents on each hundred dollars of real and personal property and one dollar and fifty cents on the poll. Said election shall be held at such time as the board of commissioners of said town may direct, but not later than the first Monday in May, eighteen hundred and ninety-nine, under the same rules and regulations as are now prescribed by law for the election of the municipal officers of the said town. At said election those in favor of the levy of said taxes shall cast a ballot on which shall be written or printed the words "For schools," and those opposed a ballot on which shall be written or printed the words "Against schools."

Sec. 3. The board of commissioners of said town of Morganton shall declare the result of such election, and if at the election so held a majority of the qualified voters of said town shall vote in favor of the levy of such taxes the said board of commissioners shall so declare and shall at once proceed to levy a tax for the support of the graded schools within said district, which said tax shall be levied and collected as a special tax and kept separate and apart from the other taxes levied and collected in said town, and paid out by the treasurer of said town only upon the warrant of the board of trustees of said graded schools.

Sec. 4. That the special taxes so levied and collected, and all other funds which may be paid over to the trustees of said graded schools or to the treasurer of the said town for educational purposes, shall be expended only on the warrants of the said board of trustees in the erection of graded school buildings and in the conduct and operation of graded public schools for the education of the children in said town between the ages of six and twenty-one.

Sec. 5. That E. B. Claywell, W. E. Walton, M. P. Hilderbrand, John H. Pearson. H. W. Connelly, W. C. Ervin, W. E. Powe and P. W. Patton be and they are hereby appointed and constituted a board of trustees of and for said graded schools and they and their successors in office shall have the control and management of said schools; two of said trustees shall hold their office for two years, two for four years, two for six years and two for eight years as may be determined by lots among themselves at their first meeting and duly entered on the minutes of their board.

Sec. 6. That all trustees of said graded schools hereafter elected shall hold their office for a period of eight years. That at the regular meeting oi the board of commissioners of Morganton held in the month of May, nineteen hundred and one, and every two years next thereafter, the said board of commissioners of said town shall elect two trustees of competent intelligence in place of those two whose terms of office shall have expired. In case of a vacancy on account of the resignation or death of any trustee or his removal from the town the trustees shall elect to fill the unexpired term.

Sec. 7. That the said board of trustees shall provide for the erection of separate graded school buildings for the use of the white and colored school children of said town, the same to be erected as near the centre of the town as may be practicable so as to subserve the convenience of the children, and they shall have the right to engage, employ, pay and discharge teachers at any time, fix the amount of their compensation and salaries and have the general oversight and control of said schools.

Sec. 8. That all public school funds which may from time to time be collected under the general school law for general school purposes for the children in said districts shall be applied to the keeping up and operation of said graded school in said district, under the order and direction of the trustees for said graded school districts: Provided, however, that until the graded schools are in full operation in said town the said public schools now in operation in said town shall not be suspended or the fund diverted therefrom. And the said trustees are authorized and empowered when said graded schools are in full operation to sell and dispose of all other public school property now located in the town of Morganton and apply the proceeds of the same to the use of the graded schools in said town.

Sec. 9. That all children of school age living beyond the corporate limits of said town but within two miles of the court house in said town shall be permitted by the trustees to attend such graded schools if the parent or parents of such child, or in case of their death the guardian of such child or children, shall present to the trustees the receipt of the treasurer of the town of Morganton for such term as the parents or guardian of such child or children would be required to pay for graded school purposes if they resided within the corporate limits of said town and the property owned by them were located therein.

Sec. 10. This Act shall be in force from and after its ratification.

Ratified the 27th day of February, A.D. 1899.

Daniel L. Russell, Jr., Governor
Charles A. Reynolds, Lt. Governor and President of the Senate
Henry Groves Connor, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, April 28th, 1899.

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

Cyrus Thompson,
Secretary of State.

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