North Carolina - Acts on Education Topics

An Act to Establish Graded Schools in Lincolnton.

1899 Public Laws: Chapter 624

Public Laws and Resolutions of the State of North Carolina Passed in 1899 - Pages 825-827.

The General Assembly of North Carolina do enact:

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

Sec. 2. That the commissioners of the town of Lincolnton, Lincoln County, are hereby required to submit to the qualified voters of said town at the next election to be held in May for the municipal officers of the said town the question whether an annual tax shall be levied for the support of the graded school in said town.

Sec. 3. That at the election held under the provision 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 voters [votes] cast at such election be 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 not less than sixteen and two-thirds cents nor exceeding twenty-five cents on the hundred dollars valuation of all the taxable property of said town, and upon the poll not less than fifty cents nor exceeding seventy five cents, observing the constitutional equation; 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.

Sec. 5. If the majority of the votes cast be against the levying of such tax, then the commissioners of said town shall hold an election thereon again, when a petition shall be presented to them, signed by not less than twenty-five qualified voters of the said town: Provided, that an election upon the said question shall not be had oftener than once in every twelve months.

Sec. 6. The taxes levied under this chapter 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 distribution of said special taxes and other funds that may come into his hands for the use of said graded schools; and the treasurer of the public school funds for Lincoln County shall pay over to the said treasurer of the said town the share of the public school money which would be due to the said town if it were a public school district, the same to be applied to maintaining the said graded schools; and the 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. 7. That the board of commissioners of said town at their meeting in June after said election shall elect a board of trustees for the graded schools of said town, consisting of three persons, the first one of which elected shall hold his office for one year from the date of his election, the second for a term of two years, and the third for a term of three years; and at the expiration of the respective terms of office of the said trustees the successor of each shall be elected for and hold his office for the term of three years; and the said board of commissioners of said town shall have power to fill all vacancies that may occur in the said board of trustees.

Sec. 8. The said board of trustees shall have power to employ teachers, dismiss the same and do all such acts as may be necessary to carry on said graded schools; and all 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 the said graded schools: Provided, that in the event of the discontinuance of said graded schools all of the property which heretofore belonged to the public schools of said town shall revert to and become the property of the white or colored school respectively to which it formerly belonged; and all property, real or personal, acquired by the said board of trustees from any and all other sources shall be disposed of and the funds and proceeds thereof applied in such manner as the board of commissioners of the said town may direct.

Sec. 9. The said board of trustees is authorized and empowered to receive gifts and conveyances of real and personal property, and to invest and secure the same, lease, sell and convey such property and deal with it in such manner as they may deem for the best interests of the said graded schools.

Sec. 10. That it shall be the duty of said board of trustees 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 taxes and all other sources for said graded schools for white and colored children, so as to equalize school facilities between the two races.

Sec. 11. 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 school under the order and direction of said board of trustees.

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

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

Ratified the 8th 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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