North Carolina Reports (Volume 111); Cases Argued and Determined in the Supreme Court of North Carolina (Paperback)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1892. Not illustrated. Excerpt: ... Board Of Education V. Commissioners. BOARD OF EDUCATION OF BLADEN COUNTY v. BOARD OF COMMISSIONERS OF BLADEN COUNTY. Public iSchools--Limitation of Taxes--Constitution--Board of Education--Board of County Commissioners. 1. The Constitution, Article IX., 3, requiring public schools to be open four months every year, does not authorize the County Commissioners to levy a tax beyond the limitation imposed by Article V., section 1; and section 23, chapter 174, Laws of 1885, authorizing tax beyond this limitation is void. This case is governed by Barksdale v. Commissioners, 93 N. C, 472. 2. Unless it be made to appear that there was palpable error or mistake, this Court will stand by former decisions. 3. The Constitution, Article V., fixes the limitation for ordinary pur poses--State and County--to two dollars on three hundred dollars worth of property and two dollars on the poll; and by Article V., 6, the counties cannot exceed the double of the State tax, except for special purpose and with the special approval of the General Assembly. 4. Qwery, if the General Assembly are so fettered by the limitation of Article V., 1, that they cannot provide for the maintenance of public schools, as required by Article IX., 3, in the same way as they may provide for a casual deficit, or the payment of the public debt, or interest on the same, or for the suppression of invasion and insurrection. Avery, J., dissenting. This was a Civil Action, heard before Winston, J., at the Fall Term, 1892, of Bladen Superior Court, upon complaint and answer. The object of this action, brought by the County Board of Education, was by mandamus to compel the Board of County Commissioners of Bladen County to levy a tax beyond the constitutional limitation of Arti...