Parker v. Debnam

• Decision Date: 31 January 1928
• Docket Number: 168.
• Citation: 141 S.E. 535,195 N.C. 56
• Parties: PARKER et al. v. DEBNAM et al.
• Court: North Carolina Supreme Court

141 S.E. 535

195 N.C. 56

PARKER et al. v. DEBNAM et al.

No. 168.

Supreme Court of North Carolina

January 31, 1928

Appeal from Superior Court, Craven County; Nunn, Judge.

Action by John W. Parker and others on behalf of the citizens and qualified electors and taxpayers of the Jonas Williams School District, Greene County, against J. E. Debnam and others constituting the Board of Education of Greene County, and H G. Robertson, County Superintendent of Public Instruction. From a judgment dissolving a temporary injunction and restraining order, plaintiffs appeal. Affirmed.

The plaintiffs bring this action against the defendants to restrain them from consolidating Jonas Williams school district with the Walstonburg school district and to provide in the Jonas Williams school district at least a six months' school, as provided by the Constitution.

The following findings of fact, conclusions of law, and judgment were rendered:

"This cause coming on to be heard before his honor R. A. Nunn judge, at chambers, in the city of New Bern, N. C., upon the notice to the defendants to show cause why the restraining order heretofore granted in this cause should not be continued to the final hearing, and being heard upon the pleadings, affidavits, and records offered in evidence from which the court finds the following facts, to wit:

(1) That the plaintiffs are residents of Jonas Williams school district, in Greene county, N. C.

(2) That the defendants are members of the board of education of Greene county, except the defendant H. G. Robertson, who is superintendent of public instruction for the said county, and as such are charged with the duty under the law of operating the public schools and maintaining the public school system in said county.

(3) That the Jonas Williams school district is contiguous to the Walstonburg school district; both of said districts being special tax districts; and that on and prior to May 27, 1927, the Jonas Williams district had a special school tax rate of 30 cents and the Walstonburg district had a special school tax rate of 45 cents.

(4) That the Walstonburg school district has, located at Walstonburg, N. C., a commodious modern brick school building of 14 rooms, employing 12 teachers, and that the children from the outlying portion of said district are transported to and from said school by motor trucks.

(5) That the Jonas Williams school is an old, 2 -room wooden structure located 4 miles from the Walstonburg school, and is not equipped with the necessary facilities for the proper instruction of the children of said district.

(6) That the enrollment at the Jonas Williams school for the school year 1926-1927 was 43, and the average daily attendance was 27.46.

(7) That the Walstonburg school is not only a modern brick structure, well lighted and steam heated, but that it is sufficiently large and amply equipped to take care of the children from the Jonas Williams school district without the employment of an additional teacher.

(8) That the board of education has refused to provide in its school budget funds for the operation of the Jonas Williams school for the ensuing year, and in so doing acted in good faith and in the honest exercise of its discretion and authority in an effort and for the sole purpose of improving the education system of Greene county, and to provide better school facilities and advantages for the children of the Jonas Williams school.

(9) That the county of Greene has a county -wide plan or organization of schools, adopted August 20, 1925, pursuant to and in compliance with the provisions of section 73a, art. 6, of the Public Laws of North Carolina, codification of 1923; Pub. Laws 1923, c. 136, art. 6; 3 C. S. § 5481; and since said date the board of education has worked under said plan and the several modifications thereof subsequently made in conformity to the requirements of Public School Law of North Carolina, Pub. Laws 1923, c. 136, art. 6; Pub. Laws Ex. Sess. 1924, c. 121, § 2.

(10) That on the 27th day of May, 1927, the board of education of Greene county, by resolution unanimously adopted, consolidated the Jonas Williams school district with the Walstonburg school district pursuant to and in accordance with the county-wide plan or organization of schools. That said consolidation of districts was made after first giving the committeemen and patrons of the Jonas Williams district full opportunity to be heard upon the subject, and that the acts of the board of education in consolidating the districts were done and performed in good faith and in an honest exercise of its discretion and authority in an effort, and for the sole purpose of providing better school facilities for the children of the Jonas Williams school district and to improve the educational system of the county of Greene.

From the foregoing findings of fact, the court is of the opinion and concludes that in law:

"(1) That the acts of the board of education of Greene county in refusing to provide funds for the further operation of the Jonas Williams school were in all respects valid and legal.

(2) That the board of education having adopted a county -wide plan or organization of schools in conformity to statute, the acts of said board in consolidating the Jonas Williams school district with the Walstonburg school district were in all respects valid and legal.

Whereupon it is considered, ordered, and adjudged by the court that the temporary injunction and restraining order heretofore issued in this cause be and the same is hereby dissolved. It is further ordered, considered, and adjudged that the plaintiffs pay the costs to be taxed by the clerk."

The assignments of error of plaintiffs are as follows:

"The plaintiffs assign the following as error:

(1) For that the court erred in finding as a fact that the...