North Carolina - Acts on Education Topics

An Act to Establish a Graded School in District Number One in Cherokee County, North Carolina.

1891 Public Laws: Chapter 330

Public Laws of the State of North Carolina Passed in 1891 - Pages 352-355.

The General Assembly of North Carolina do enact:

Section 1. That the board of education of the county of Cherokee, state of North Carolina, shall and they are hereby authorized to submit to the qualified voters of school district number one for the white race under such rules and regulations and at such time within twelve months after the ratification of this Act as the board may prescribe, whether a tax shall be annually levied for the support of the school of said district provided for by this Act at the election held under the provisions of this Act. Those who favor the levying of such tax shall vote on written or printed ballots without device the words "For school," and those who are opposed to the levying of such tax shall vote on written or printed ballots without device the words "Against school." The penalties for illegal and fraudulent voting in this election shall be the same as in the election for members of the general assembly. The county board of education shall give at least thirty days' notice of the time of holding said election in one or more newspapers published in said district.

Sec. 2. The inspectors of said election shall on the day following the election certify the number of votes cast and counted for and against school to the county board of education, who shall proceed to declare at once the result of the election. And if a majority of the votes cast shall be in favor of such tax the same shall be levied by the county commissioners and collected by the sheriff under the same rules and regulations under which other school taxes are levied and collected, and the sheriff shall be subject to the same liabilities for the collection and disbursement of said tax as he is or may be for other school taxes, and shall receive as compensation for such services two per centum commission: Provided, the special taxes so levied and collected shall not be less than twenty cents on the one hundred dollars' valuation of property and sixty cents on the poll, nor exceeding forty cents on the one hundred dollars' valuation of property and one dollar and twenty cents on the poll. The taxes levied and collected under the provisions of this Act shall be applied exclusively to the establishment and maintenance of the public schools in said district, and the school committee whose appointment is hereinafter provided for may establish one or more graded public schools in said district, and the taxes levied and collected under this Act shall not be appropriated or expended for any other purposes.

Sec. 3. If this Act shall be ratified at the election authorized to be held under it, the school committee of said district shall consist of six members instead of three, as required by the general school law of the state, to be appointed by the county board of education at their next meeting held after the election provided for in this Act. The said school committee shall be divided by the said county board of education at the time of their appointment into three classes of two each. The terms of office of the first class shall expire at the end of two years from the first Monday in June, eighteen hundred and ninety-one, and the terms of office of the second class shall expire at the end of four years from the first Monday in June, eighteen hundred and ninety-one, and the terms of office of the third class shall expire at the end of six years from the first Monday in June, eighteen hundred and ninety-one. Whenever the terms of office of any class shall expire as above provided their successors shall be appointed for a term of six years by the said county board of education. Whenever any vacancy occurs in said committee except by expiration of the terms of office the vacancy for the unexpired terms of the member or members shall be filled by the said committee.

Sec. 4. That the school committee provided for by this Act shall have entire and exclusive control of the public school interests and property in said district, shall prescribe rules and regulations for their own government not inconsistent with the provisions of this Act, shall employ and fix the compensations of officers and teachers of the public schools or graded public schools, subject to removal by the said committee, shall make an accurate census of the school population of the district as required by the general school law of the state, and do all other acts that may be just and lawful to conduct and manage the public school interests in said district: Provided, all the children resident in said district between the ages of six and twenty-one years shall be admitted into said schools free of tuition charges: Provided further, the admission of pay students shall be under the direction of the committee.

Sec. 5. The school committee created by this Act shall elect annually a superintendent of the schools established under this Act, who shall be the principal of the graded schools for white children if the same be established. The superintendent of said schools shall examine all applicants for teachers' positions in the said schools and issue certificates to the same, which certificates shall be valid for one year from date, and shall do and perform such other duties as may be prescribed by said committee.

Sec. 6. The moneys which shall from time to time be apportioned under the general school law of the state to said public school district, and moneys to which the said district may be entitled by reason of any special tax, gift, grant, apportionment or otherwise, also the proceeds of any taxes imposed on licenses to retailers of wines, cordials or spirituous liquors in said district, which taxes shall be collected by the sheriff or tax-collector as other taxes levied under this Act, shall be receivable by the treasurer of the county of Cherokee, North Carolina, who shall be ex officio treasurer of said school committee, and whose receipt for such moneys shall constitute a sufficient voucher of such payment in the hands of any person paying the same, and the said treasurer shall report monthly to said school committee his receipts and disbursements with all vouchers for the same. The moneys received as aforesaid shall be held by the treasurer as a separate fund, to be disposed of under the direction of the aforesaid school committee, whose warrants, signed by the chairman and countersigned by the secretary of said committee, shall be the only valid voucher in the hands of said treasurer for the disbursement of said money in any settlement required of him by law. The said treasurer shall furnish annually to the county board of education a statement in writing of his receipts and disbursements of the school money properly and duly credited and approved by the chairman and secretary of the school committee: Provided, the accounts, books and vouchers of the said treasurer shall be open for the inspection of the school committee at any time.

Sec. 7. The bond now required of the treasurer of the county to protect public school funds of the county in his hands shall be an amount sufficient to include double the amount received under this Act independent of the amount to secure other funds which may come into his hands. The said treasurer shall receive as compensation a commission of not exceeding two per centum on the funds received from the special taxes levied, collected and disbursed under this Act.

Sec. 8. The school committee provided by this Act shall apportion the money raised or received for educational purposes in said district as shall be just to the white and colored races, without discrimination in favor of or to the prejudice of either race, due regard being paid to the cost of keeping up and maintaining the public schools of both races.

Sec. 9. That the said committee shall make to the board of education annually, at such time as is required under the school law of the state, a report containing an accurate census of the school population of the district, showing the work done and money expended under their direction in the district on account of public schools therein, a copy of which report shall be forwarded to the superintendent of public instruction in the state and a copy to the superintendent of public instruction in the county of Cherokee. The beginning and ending of the school year shall be fixed by the committee.

Sec 10. The school committee hereby created shall be a body corporate by the name and style of "The School Committee of District Number One, Murphy, North Carolina," and by that name shall be capable of receiving gifts and grants, of purchasing and holding real and personal estate, of selling, mortgaging and transferring the same for school purposes, of prosecuting and defending suits for or against the corporation hereby created. Conveyances to said school committee shall be to them and to their successors in office, and all deeds, mortgages and other agreements affecting real estate shall be deemed to be sufficiently executed when signed by the chairman, one member of the committee and the secretary thereof.

Sec. 11. That all laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 12. That this Act shall be in force from and after its ratification.

Ratified the 5th day of March, A.D. 1891.

Daniel G. Fowle, Governor
Thomas M. Holt, Lt. Governor and President of the Senate
Rufus A. Doughton, Speaker of the House of Representatives

State of North Carolina,
Office Secretary of State,
Raleigh, June 13, 1891.

I, Octavius Coke, Secretary of State, hereby certify that the fore-
going are true copies of the original acts and resolutions on file in
this office.

Octavius Coke,
Secretary of State.



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