South Carolina - Acts on Education Topics

An Act to Establish the Anderson School District, to Authorize the Establishment of Free Graded Schools Therein, and to Provide the Means for the Equipment and Efficient Management of the Same.

January 5, 1895

Acts and Joint Resolutions of the General Assembly of South Carolina 1894, Pages 921-927.

Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the territory embraced within the corporate limits of the city of Anderson, in said State, be, and the same is hereby, declared a separate school district, and that it be vested with such corporate powers as may be necessary to carry out the purpose of its organization, as declared by this Act.

Sec. 2. That it shall be the duty of the City Council of the said city of Anderson, within ten days after the approval of this Act, to order that an election be held at the Court House in the said city of Anderson, and to appoint three Managers to conduct the same, of which election at least ten days’ notice shall be given by advertisement in the newspapers of said city of Anderson, at which election shall be submitted to the qualified voters resident in said city, who return real or personal property within the limits thereof for taxation, the question of voting a tax of two mills on the dollar, to be assessed upon all taxable property within said city. Those voting for said tax shall deposit a ballot with the following words either written or printed thereon: “School Tax, Yes.” Those voting against said tax shall deposit a ballot with the following words either written or printed thereon: “School Tax, No.”

Sec. 3. It shall be the duty of the Managers of said election to declare and return the result of said election to the said City Council, with all convenient speed; and if a majority of the votes cast in said election is for said tax, then it shall be the duty of said City Council, by ordinance, to immediately levy a tax of two mills for the year 1895 upon all taxable property in said city of Anderson, which tax shall be collected by the Treasurer of the said city at the same time that he collects other city taxes; and ever thereafter it shall be the duty of the said City Council, at the same time that other city taxes are levied, to levy annually a school tax of not less than two nor more than three mills upon all the taxable property in said city.

Sec. 4. That a Board of Trustees is hereby created for said Graded Schools, to consist of the following persons and their successors in office, to wit: G. F. Tolly, S. M. Orr, T. F. Hill, J. L. Tribble, J. M. Sullivan, D. H. Russell, W. F. Cox, Geo. B. Prince and H. H. Watkins, whose term of office shall be as follows: The term of three of said Trustees shall expire with the term of the present City Council, the term of three more to expire with the term of the City Council elected in 1896, and the term of the remainder to expire with the term of the City Council elected in 1898. That as soon as practicable after the approval of this Act, the said Board of Trustees shall organize by electing a Chairman and secretary, and shall proceed by casting lot or otherwise to determine who of their number shall have the short, middle and long term of office, and when this has been ascertained the said City Council of Anderson shall be notified thereof by the certificate of the Chairman and secretary of said Board, and said certificate shall be spread upon the minutes of said City Council; and said Board of Trustees shall have the power to remove from their body, for cause, any member of the Board, a majority of the Board voting in favor of such removal; and the said City Council of Ander son shall have the power and authority to fill all vacancies on the said Board of Trustees, whether the same be caused by resignation, death or removal, except as is hereinafter provided.

Sec. 5. That at the time and place of holding each biennial election for Mayor and Alderman for the said city of Anderson an election shall be had for three Trustees of the graded schools of said city, to fill the vacancies caused by the expiration of the term of office of certain Trustees of said graded schools as hereinbefore provided, and the three receiving the highest vote in said election shall be declared elected to said office for a term of six years: Provided, That any of those thus elected may be by the Board removed, for cause, as hereinafter provided.

Sec. 6. That the Trustees herein provided for shall have exclusive control of the free and graded schools in said school district, and shall be invested with all the powers of School Trustees under the General School Law. They may organize schools, purchase or lease school property, erect school buildings, elect superintendents and teachers and fix their salaries, prescribe the text books to be used and the rates of tuition to be paid by pupils not entitled to the benefit of the free school fund of said district, and may make rules and regulations for the control of the schools and the school property not repugnant to law.

Sec. 7. That all moneys assessed and collected hereunder for school purposes shall be paid by the Treasurer of the said city of Anderson for salaries and other school purposes upon the warrant of Chairman and secretary of the Board of Trustees. And all school moneys arising from the capitation tax upon the polls in said school district, as well as from the Constitutional school tax, or from any and all other public sources applicable to said district, shall be paid over by the County Treasurer of the County of Anderson to the Treasurer of the said city of Anderson, who shall pay out the same in like manner and upon like warrant as is hereinbefore provided: Provided, That the Treasurer of the city of Anderson shall not be entitled to any commission out of the school funds for his services in the premises.

Sec. 8. That it shall be the duty of the said City Council of the said city of Anderson to require of the City Treasurer a sufficient bond to cover his additional responsibilities by reason of handling this school fund. That is to say, the amount of his bond must be increased so as to be commensurate with his increased responsibilities.

Sec. 9. That it shall be the duty of the Board of Trustees of the said graded schools at least once a quarter to make out in duplicate a report showing the total enrollment, the average attendance, receipts and disbursements during the quarter, one copy of which shall be filed with the City Council of the city of Anderson, and one copy with the School Commissioner of the County of Anderson, and at the end of the scholastic year said reports shall further show the total enrollment and the average attendance for the year of all those who are entitled to the benefit of free tuition in said district under the General School Laws of this State, and said final reports shall give the names of all pupils who are said to fall within that class, and the School Commissioner for Anderson County is hereby authorized and directed to consider this data when apportioning the Constitutional two mill school tax among the several school districts of his County.

Sec. 10. That it shall be the duty of the City Council of Anderson, at the same time that they order the election for school tax provided for in Section 2 of this Act, to order an election on the question of issuing twenty thousand dollars of city bonds for the purpose of enabling the Board of Trustees of said city to buy property, erect and equip school building for said graded schools. The said election to be had at the same time and place and by the same Manager as the election held under Section 2 of this Act, and those qualified to vote in the election held under Section 2 shall be allowed to vote in this election. After said election is held the manager thereof shall with all convenient speed declare and return the result thereof to said City Council. This election shall be held in a separate box from that provided for in Section 2 of this Act, and the ballots used therein by those favoring the issuing of city bonds for school purposes shall have either written or printed thereon, or partly written and partly printed, the words “In Favor of School Bonds, Yes,” and those voting in opposition to the issuing of said bonds shall use a ballot on which is either written or printed, or partly written and partly printed, the words “In Favor of School Bonds, No.”

Sec. 11. If a majority of those voting in said election shall be in favor of issuing said bonds, then the said City Council of Anderson is hereby authorized, empowered and directed to issue twenty (20) thousand dollars of municipal coupon bonds, par value of the denomination of five hundred dollars each; that said bonds shall be known and designated as the “Anderson School Bonds,” and shall be printed on good bond paper, and shall be signed by the Mayor and at tested by the Clerk of said City Council, and the seal of corporation shall be affixed to each of said bonds by the Clerk of said City Council. That said coupon bonds shall become due and payable thirty (30) years from the first of March, 1895, and shall bear interest from date at the rate of six (6) per cent per annum, payable annually, and each and every of said bonds shall have as many coupons attached thereto as there shall be annual payments of interest to be made on the bonds, with the amount of interest falling due and the date when it shall become due; said coupons to be signed by the Clerk and Treasurer of said city; and said coupons shall be receivable in payment of any and all taxes and debts that may be due to and levied by the said City Council of Anderson, and said bonds shall at all times be exempt from taxation by the authorities of the said city of Anderson. That said City Council of Anderson shall, every year during the outstanding of any of said bonds, levy and assess an annual tax on all taxable property in said city sufficient to pay the interest on said outstanding bonds as it shall become due and payable and as the coupons are presented for payment; and the said City Council, beginning in the year 1905, shall also, every year during the period of the outstanding of any of said bonds, levy and assess a like annual tax sufficient to raise the sum of one thousand dollars, to be used as a sinking fund for the gradual retirement of said bonds, with which the said City Council shall have the power to redeem, and it is hereby authorized and required thereafter annually to call in and retire, one thousand dollars of said bonds, beginning with the lowest number and proceeding in the order in which they are numbered until the entire issue of said bonds shall have been fully paid off: Provided, That said bonds shall be retired at the same time of the year at which interest thereon becomes due and payable, and that at least three months previous thereto the said City Council of Anderson shall every year, by public notice, by advertisement for two weeks in a newspaper published in said city, call in said bonds, specifying the numbers so to be retired, and no coupon or interest which shall accrue on any of such bonds after said period fixed for retiring the same shall in any manner be collectible against the said City Council or the said city of Anderson unless the said City Council shall be unable or fail to pay the said bonds when thus presented: And provided, further, That at any time after a period of twenty years from the date of issuing said bonds the said City Council shall have the right, and it is hereby authorized, to call in, pay off and cancel any and all bonds of this issue that may then be still outstanding.

Sec. 12. That when the said City Council shall have disposed of said bonds the Treasurer of said city shall hold the proceeds and pay them out on the orders or warrant of the Board of Trustees herein created, which Board is authorized to use said proceeds for the purchase of school property, erecting buildings thereon, and thoroughly furnishing and equipping the same, and for no other purpose whatsoever, and when said proceeds are exhausted the said Board of Trustees shall make out and file with the City Council aforesaid an itemized statement of the expenditures thereof, which report shall be spread upon the minutes of said City Council.

Sec. 13. That the said City Council of Anderson shall provide for the registration of all voters qualified to participate in the elections herein provided for. The books of registration shall be opened by the Clerk of the said city of Anderson at least three days before said elections and shall be closed at noon on the day before said elections are held. The time and place of opening said books of registration shall be duly published in a newspaper published in said city for at least one week prior to opening the same. And the polls shall be opened and closed on the day of the elections herein provided for at the hours prescribed for holding the regular elections.

Sec. 14. This Act shall be deemed a Public Act, and shall become of force immediately upon its approval.

Sec. 15. That all Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed.

Approved: January 5th, A.D. 1895.

John Gary Evans, Governor.
W.H. Timmerman, Lt. Governor and President of the Senate.
Ira B. Jones, Speaker of the House of Representatives.



© 2016 - J.D. Lewis - PO Box 1188 - Little River, SC 29566 - All Rights Reserved