North Carolina - Acts on Education Topics

An Act to Establish Graded Schools in the Town of Waynesville, and to Provide for the Issuance of Bonds for Electric Lights.

1899 Public Laws: Chapter 485

Public Laws and Resolutions of the State of North Carolina Passed in 1899 - Pages 629-634.

The General Assembly of North Carolina do enact:

Section 1. That all the territory embraced within the corporate limits of the town of Waynesville, Haywood County, shall be and is hereby constituted "The Waynesville Graded School District for White and Colored Children."

Sec. 2. That the board of aldermen of the town of Waynesville are hereby required to submit to the qualified voters of said town at the next election for municipal officers of said town, to be held in May, the question whether an annual tax shall be levied for the support of the graded schools 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 it a majority of the qualified voters voting shall vote at said election in favor of levying such tax it shall be the duty of the board of aldermen of said town and their successors to levy annually a special tax not less than twenty cents nor exceeding sixty cents on the one hundred dollars valuation of all taxable property of said town and upon the poll not less than sixty cents nor exceeding one dollar and eighty cents, and said taxes shall be due and collected annually by the town tax collector at the same time and in like manner as other taxes are due and collected.

Sec. 5. That the taxes shall be paid over by the said tax collector of the said town to the treasurer of said town, which officers shall give bonds, the former for collection and the latter for the safe keeping and proper disbursement 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 fund separate and apart from all other moneys and shall pay out the same only upon a warrant signed by the chairman anil secretary of the board of trustees of the graded schools of said town.

Sec. 6. That T. L. Green, J. Lockwood Williams, J. D. Boone, W. H. Faucett, W. W. Stringfield, R. D. Gilmer, J. K. Boone, C. H. Ray, B. F. Smathers, James Arrington and R. D. Dickers be and are hereby constituted a board of trustees for the graded schools of said town; that said board shall have power to fill all vacancies in said board, employ teachers and do all such acts as may be necessary to carry on the said graded schools. That the first three trustees named in this section shall be elected for one year, the second three for two years and the remaining three for three years; and that upon the expiration of the terms of the foregoing sets of trustees the remaining members of the said board shall elect three trustees as their successors, who shall hold for a term of three years.

Sec. 7. That it shall be the duty of said board to establish a graded school for the white children and one for the colored children of said town, and to appropriate the funds derived from said special tax and all other sources for said graded schools for white and colored children so as to equalize school facilities between the two races.

Sec. 8. That the public school money which may from time to time be collected and apportioned under the general school law for general school purposes for the children in said town shall be applied to keeping up said graded schools under the order and direction of the said board of trustees of said graded school.

Sec. 9. That the board of aldermen of the said town are hereby authorized and empowered, in their discretion, to use any part or all of the funds belonging to the said town, arising from the management of the dispensary in said town for the schools provided for in this Act.

Sec. 10. That the board of trustees of the said schools are hereby authorized and empowered to admit into the said schools children residing out of the said school district upon the payment of such rates of tuition as may be established by the board: Provided, that said board may admit free of tuition children of parents who own taxable property within said town.

Sec. 11. That the board of aldermen of the said town are hereby authorized and directed to cause an election to be held in May next at the time for the election of municipal officers, and to submit to the qualified voters of said town the question of issuing bonds to the amount of not less than five thousand dollars nor more than ten thousand dollars for the purpose of either buying or erecting and equipping a suitable building for the white graded schools in said town. The election shall be advertised by the board of aldermen of said town for thirty days prior to the day of election in some newspaper published in said town and at the court house and four other public places in said town, and shall be held under the same rules and regulations that are prescribed by law for the election of mayor and aldermen of the said town. Those who are in favor of issuing bonds shall vote a written or printed ballot without device with the words "For bonds" thereon, and those who are opposed shall vote a written or printed ballot without device with the words "Against bonds" thereon. The result of said election shall be ascertained as directed by law and certified and returned by them to the board of aldermen within two days after the day of election, who shall verify and also certify said result and cause the same to be recorded in their minutes.

Sec. 12. That if a majority of the qualified voters of said town voting shall vote "For bonds," then the board of aldermen of said town shall issue coupon bonds to the amount voted for in said election and in denominations of not less than five hundred dollars, bearing interest from the date of said bonds at five per centum per annum, and payable semi-annually at the Bank of Waynesville in said town on the first day of January and July of each year until said bonds are paid. That the said bonds shall be payable after the expiration of thirty years from the date thereof. The bonds and the coupons shall be numbered and the bonds shall be signed by the mayor of said town and countersigned by the treasurer of the board of aldermen, and a record shall be kept of all bonds, observing the number, amount and to whom sold. The coupons shall be received in payment of taxes, polls and debts due said town; that the said bonds shall not be sold for less than their par value, but the board of aldermen are authorized in their discretion to pay a commission not to exceed five per centum of the amount of the issue of said bonds should it become necessary in order to effect a sale thereof; that the sales of the said bonds shall be used by the board of aldermen of said town for the exclusive purpose of either buying or erecting and equipping a suitable building for the white graded school of said town.

Sec. 13. That in order to pay the interest on said bonds the board of aldermen of said town are hereby authorized and it shall be their duty to annually compute and levy, at the time of levying other taxes of said town, a sufficient special tax upon the real and personal property within the corporate limits of said town and other subjects of taxation mentioned in chapter one hundred and twenty-seven of the private laws of eighteen hundred and eighty-five and the amendments thereto, and on the polls of said town, always observing the constitutional equation between the tax on property and the tax on polls, with which to regularly and promptly pay the interest on said bonds. The said special tax shall be collected at the time and as other taxes of said town are collected, and shall be paid over by the tax collector of said town to the treasurer of said town, which officers shall give good and sufficient bonds, the former for the collection of said taxes and paying them over as aforesaid, and the latter for their safe keeping and proper disbursement.

Sec. 14. That the taxes levied and collected for this purpose shall be kept separate and distinct from all other taxes and shall only be used for the purpose for which they were levied and collected, and any mayor or alderman who shall appropriate or attempt to appropriate by vote or otherwise to any purpose, directly or indirectly, other than that for which they were levied, said special taxes or any part thereof shall be guilty of a misdemeanor.

Sec. 15. That the property, both real and personal, of the public schools of said town shall become the property of the said graded schools, and shall be vested in the said board of trustees and their successors in trust for said graded schools: Provided, that in the event of the discontinuance of said graded schools all the property thereto belonging shall revert to and become the property of the said public schools of said town: Provided, that the said property belonging to or used for the graded schools for white children should revert to the public schools of said town for white chidren, and the property belonging to or used for the graded school for the colored children shall revert to the public school for colored children of said town.

Sec. 16. That the said board of aldermen for the said town of Waynesville are authorized to submit to the qualified voters of the said town in May next the question of issuing bonds not to exceed the sum of five thousand dollars [for the] purpose of procuring, erecting and operating in the said town electric lights. The said election shall be held under the same rules and regulations as those prescribed in section eleven of this Act, and those who favor the issuing of said bonds for said purpose shall vote a written or printed ballot without device with the words "For electric light bonds" on it, and those opposing shall vote a written or printed ballot without device with the words "Against electric light bonds" thereon. If a majority of the qualified voters of said town voting shall vote for electric light bonds, then the board of aldermen of said town shall issue bonds not to exceed the amount voted for in denominations of not less than two hundred and fifty dollars, bearing interest from the date of said bonds at five per centum per annum, and payable semi-annually at the Bank of Waynesville in said town on the first day of January and July of each year until said bonds are paid; that said bonds shall be payable after the expiration of thirty years from the date thereof. The bonds and the coupons shall be numbered and the bonds shall be signed by the mayor of said town and countersigned by the treasurer of the board of aldermen, and a record shall be kept of all bonds, observing the number, amount and to whom sold. The coupons shall be received in payment of taxes, polls and debts due said town. The said bonds shall not be sold for less than their par value, but the board of aldermen are authorized, in their discretion, to pay a commission not to exceed five per centum of the amount of issue of said bonds, should it become necessary in order to effect a sale thereof. That the sales of said bonds shall be used by the board of aldermen for the exclusive purpose of procuring, erecting and operating a system of electric lighting for the said town. That in order to pay the interest on said bonds the board of aldermen for said town are hereby authorized and it shall be their duty to annually compute and levy at the time of levying other taxes of said town a sufficient special tax upon the real and personal property within the corporate limits of said town, and other subjects of taxation mentioned in chapter one hundred and twenty seven of the private laws of eighteen hundred and eighty-five, and the amendments thereto, and on the polls of said town, always observing the constitutional equation between the taxes on property and the taxes on polls with which to regularly and promptly pay the interest on said bonds. The said special tax shall be collected at the time as other taxes of said town are collected, and shall be paid over by the tax collector of said town to the treasurer of said town, which officers shall give good and sufficient bonds, the former for the collection of said taxes and paying them over as aforesaid, and the latter for their safe keeping and proper disbursement.

Sec. 17. That the taxes levied and collected for this purpose shall be kept separate and distinct from all other taxes, and shall be only used for the purpose for which they were levied and collected, and any mayor or alderman who shall appropriate or attempt to appropriate by vote or otherwise to any purpose directly or indirectly other than that for which it was levied said special taxes or any part thereof shall be guilty of a misdemeanor.

Sec. 18. 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.



© 2017 - J.D. Lewis - PO Box 1188 - Little River, SC 29566 - All Rights Reserved