North Carolina - Acts on Education Topics

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

1899 Public Laws: Chapter 409

Public Laws and Resolutions of the State of North Carolina Passed in 1899 - Pages 553-557.

The General Assembly of North Carolina do enact:

Section 1. That all the territory embraced within the corporate limits of the town of Washington, Beaufort County, shall be and is hereby constituted a school district for the white and colored children.

Sec. 2. That the commissioners of the town of Washington are hereby required to submit to the qualified voters of the said [town] within ninety (90) days after the passage of this Act the question whether an annual tax shall be levied for the support of the public schools in said town, and the said election shall be held under the same rules and regulations as govern the election of municipal officers in said town.

Sec. 3. That at the election held under the provisions of this Act those favoring the levying of such tax shall vote a written or printed ballot without device with the words "For schools" upon it, and those opposed to the levying of such tax shall vote a written or printed ballot without device with the words "Against schools" upon it.

Sec. 4. That if a majority of the qualified voters in said town shall vote at said election in favor of levying such tax it shall be the duty of the board of commissioners of said town and their successors to levy annually a special tax to support the said schools not exceeding twenty (20) cents on the one hundred ($100) dollars worth of real and personal property and other property taxed by the laws of North Carolina, and upon the poll not exceeding sixty (60) cents, and said taxes shall be due and collected annually by the town tax collector as and at the time other town taxes are due and collected: Provided, that if the officers of election shall ascertain as the result of the election that a majority of the qualified voters have cast their votes "For schools" and shall so declare, and the same is entered upon the records of the town, it shall be held and deemed prima facie evidence of such fact: Provided farther, that if such tax is not voted at the first election held hereunder the board of town commissioners, upon the written petition of one fifth of the qualified voters of said town, shall order another election held in the manner heretofore provided, said election to take place at the time and place of the regular municipal election in the year nineteen hundred.

Sec. 5. That said taxes shall be paid over by the said tax collector of the said town to the treasurer of the said town, which officers shall give bonds in such amounts as the commissioners of said town shall direct, the former for the faithful collection and paying over and the latter for the safe keeping and proper distribution of said special taxes and other funds that may come into his hands for the use of said graded schools; and said treasurer shall keep said school funds separate and apart from all other moneys and shall pay out the same only upon a warrant signed by the chairman and secretary of the board of trustees of the graded schools of said town.

Sec. 6. That the graded public schools in said district shall be under the control and management of a board of trustees composed of seven (7) members, citizens of said town, who shall be elected by the board of commissioners of the town of Washington during the month of July, eighteen hundred and ninety-nine, or later if for any reason they can not elect the same during said month. That the said board of town commissioners shall by ballot divide the said board of trustees into three classes; the members of the first class shall hold office for one year from first Monday in July, eighteen hundred and ninety-nine; the members of the second class shall hold office for two years from first Monday in July, eighteen hundred and ninety-nine; and the members of the third class shall hold office for three years from first Monday in July, eighteen hundred and ninety-nine; each shall hold until their successors are elected and qualified, and there shall be two members in the first class, three members in the second class and two members in the third class. After the expiration of the terms respectively for which the several members are elected, such vacancies shall be filled by the said board of town commissioners by the election of successors for terms of three years each: Provided, that vacancies by death or resignation or any other cause than by expiration of term shall be filled by said board of town commissioners only for the unexpired terms of such members: Provided further, that the present public school committee in said town elected under chapter three hundred and forty three, public laws of eighteen hundred and ninety-seven, shall continue to hold office as a board of trustees under this Act and to manage and control the public schools of said town until the election and qualification of the board of trustees hereinbefore provided under this Act.

Sec. 7. That the board of trustees herein created and their successors shall be a body corporate by the name and style of "The Board of School Trustees of the Town of Washington," and by that name shall be capable of receiving gifts and grants, of leasing property, of purchasing and holding real and personal estate, of conveying, mortgaging and transferring the same for school purposes, of prosecuting and defending suits; all conveyances of real estate shall be executed in the manner provided by law for corporations. The corporation may have a corporate seal, which it may alter at pleasure.

Sec. 8. That it shall be the duty of said board of trustees to establish graded public schools for the white and colored children of said town, and said board shall use and appropriate the funds derived from said special taxes and all other sources in such a manner as shall be just to both races, giving each equal school facilities, due regard, however, being had to the cost of establishing and maintaining the graded schools of each race. That the board of trustees provided by this Act shall have entire and exclusive control of the public schools and property in the town of Washington; shall prescribe rules and regulations for their own government and the government of the schools not inconsistent with the provisions of this Act; shall employ and fix the compensation of officers and teachers of the public schools, shall make an accurate census of the school population of the town as required by the general school law of the state and do all other acts that may be just and lawful in the management of the public school interests in said town: Provided, that all children resident in the town of Washington between the ages of six (6) and twenty-one (21) years shall be admitted into said schools free of tuition charges, and those desiring admission into said schools as pay students may be admitted upon such terms as the board may determine.

Sec. 9. That all public school funds derived from the state and Beaufort County for the use and benefit of the public schools in said town shall be paid to the town treasurer by the treasurer of Beaufort County for the use and benefit of the graded public schools in said town and the property both real and personal of said public school district, whether heretofore belonging to the white or colored public schools, shall become the property of said graded schools and shall be vested in the said board of trustees in trust for said schools, and the said board may sell the same or any part thereof if deemed necessary or advisable and apply the same for the use of said graded schools.

Sec. 10. That the board of trustees created under the provisions of this Act shall elect annually at least thirty (30) days before the opening of the fall session a superintendent of the graded schools in said town, whose duties shall be as prescribed by said board of trustees, and the said superintendent shall examine all applicants for positions as teachers in said schools and certify the result to said board before their election as such teachers by said board; no other certificates of qualification shall be necessary for such teachers before their election as teachers in said schools. The said superintendent shall also act as secretary to said board of trustees should the said board so elect him or require him to serve.

Sec. 11. That it shall be the duty of said board of trustees to make annually after the close of each school year a full and complete report of the operations of said graded schools together with a financial report, and also such recommendations and plans for the future as may in their judgment be advisable to the mayor and board of commissioners of the town of Washington. Said board of trustees shall also include in their report such data and other information as may be required under the general school law.

Sec. 12. That the board of trustees in conjunction with the superintendent are hereby authorized in their discretion to fix a curriculum of studies and adopt textbooks for said graded schools.

Sec. 13. That all laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 14. That this Act shall be in force from and after its ratification.

Ratified the 6th day of March, 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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