Roebuck v. Board of Trustees of Robersonville Graded School Dist.

• Decision Date: 04 October 1922
• Docket Number: 67.
• Citation: 113 S.E. 676,184 N.C. 144
• Parties: ROEBUCK v. BOARD OF TRUSTEES OF ROBERSONVILLE GRADED SCHOOL DIST.
• Court: North Carolina Supreme Court

113 S.E. 676

184 N.C. 144

ROEBUCK v. BOARD OF TRUSTEES OF ROBERSONVILLE GRADED SCHOOL DIST.

No. 67.

Supreme Court of North Carolina

October 4, 1922

Appeal from Superior Court, Martin County; Connor, Judge.

Controversy without action between W. J. Roebuck and the Board of Trustees of Robersonville Graded School District, to determine the validity of a school bond election, submitted on an agreed statement of facts. From a judgment declaring the election was held without authority or warrant of law defendants, having duly excepted, appeal. Error.

See also, 113 S.E. 927.

J. C Smith, of Robersonville, and Dunning & Moore, of Williamston, for appellants.

Critcher & Critcher, of Williamston, for appellee.

STACY J.

It appears from the facts agreed that on June 3, 1922, an election was held in Robersonville graded school district, Martin county, same having been held in accordance with the provisions of chapter 204, Private Laws of 1905, as amended by chapter 152, Private Laws of 1921, and that at said election a majority of the qualified voters, resident in said district, voted in favor of the proposed bond issue of $50,000.

Plaintiff contends in the first place that the act of 1921, above mentioned, is in conflict with article 2, § 29, of the state Constitution, and therefore void. The Robersonville graded school district was created by chapter 204, Private Laws 1905, in which the lines and boundaries of said district were specifically set out and fully described in said act. This was done, of course, prior to the adoption of the constitutional amendment in 1916, prohibiting, among other things, any local, private, or special legislation in regard to "establishing or changing the lines of school districts." In section 8 of this act the board of trustees of said school district was authorized and empowered to issue bonds to an amount not exceeding $3,000, for the purpose of erecting or acquiring school buildings, furnishings, and other necessary equipment. In the amendatory act of 1921 it was provided that this section should be amended by striking out in line 3 thereof the words and figures "three thousand dollars ($3,000)," and inserting in lieu thereof the words and figures "fifty thousand ($50,000) dollars."

It will be noted that the act of 1921 does not undertake to establish a new school district, nor to change the lines or boundaries of the one already existing. Its only purpose is to increase the power and authority of the present board of trustees with respect to the amount of bonds which it is authorized to issue, after said bonds have been approved by a majority of the qualified voters resident in the district. We think it is clear that this amendatory act does not fall within the prohibition of the recent constitutional amendment, now article 2, § 29, of the Constitution. Board of Education v. Com'rs, 183 N.C. 300, 111 S.E. 531; In re Harris, 183 N.C. 636, 112 S.E. 425, and cases there cited.

It is further objected to the validity of the bonds in question that, under section 4 of the act of 1921, the election of June 3, 1922, was not to authorize the issuance of the bonds with the approval of the qualified voters of the district but only to ratify and to adopt the amendment itself. ...