Board of Education v. Board of County Com'rs

• Decision Date: 12 September 1917
• Docket Number: 24.
• Parties: BOARD OF EDUCATION v. BOARD OF COUNTY COM'RS.
• Court: North Carolina Supreme Court

93 S.E. 383

174 N.C. 47

BOARD OF EDUCATION v. BOARD OF COUNTY COM'RS.

No. 24.

Supreme Court of North Carolina

September 12, 1917

Appeal from Superior Court, Beaufort County; Kerr, Judge.

Controversy between the Board of Education and the Board of County Commissioners. Judgment for plaintiff, and defendant appeals. Affirmed.

This is a controversy submitted without action to ascertain whether an act authorizing the Small graded school district to issue bonds for the purpose of building a schoolhouse, and ratified by the General Assembly of 1917 on January 30, 1917, is in contravention of the Constitution (article 8, § 1). His honor held that the act was not in violation of the Constitution and the defendant appealed. The Small graded school district is a special tax district organized under section 4115 of the Revisal of 1905 and acts amendatory thereof.

Lindsay C. Warren, of Washington, N. C., for appellant.

Small MacLean, Bragaw & Rodman, of Washington, N. C., for appellee.

ALLEN J.

The statute, which the defendant assails, was ratified on January 30, 1917, 20 days after the amendments of 1916 to the Constitution became operative. It confers authority to hold an election in the Small graded school district, which had theretofore been established under the general law (Revisal § 4115), on the question of issuing bonds for the purpose of building a schoolhouse and furnishing it with suitable equipment, and to issue bonds pursuant to the will of the people expressed at the election. An election has been held in accordance with law, and the result declared in favor of the proposition, but the defendant refuses to issue the bonds, as directed to do by the statute, upon the ground that the statute is unconstitutional, in that it is in conflict with article 8, § 1, of the Constitution, which, as amended, reads as follows:

"No corporation shall be created nor shall its charter be extended, altered, or amended by special act, except corporations for charitable, educational, penal, or reformatory purposes that are to be and remain under the patronage and control of the state; but the General Assembly shall provide by general laws for the chartering and organization of all corporations and for amending, extending, and [for] forfeiture of all charters, except those above permitted by special act. All such general laws and special acts may be altered from time to time or repealed; and the General

...