School History of North Carolina Part 53

ARTICLE V. REVENUE AND TAXATION.

SECTION l. The General a.s.sembly shall levy a capitation tag on every male inhabitant of the State over twenty-one and under fifty years of age, which shall be equal on each to the tax on property valued at three hundred dollars in cash. The commissioners of the several counties may exempt from capitation tax in special cases, on account of poverty and infirmity, and the State and county capitation tax combined shall never exceed two dollars on the head.

SEC. 2. The proceeds of the State and county capitation tax shall be applied to the purposes of education and the support of the poor, but in no one year shall more than twenty-five percent thereof be appropriated to the latter purpose.

SEC. 3. Laws shall be pa.s.sed taxing, by a uniform rule, all moneys, credits, investments in bonds, stocks, joint-stock companies, or otherwise; and, also, all real and personal property, according to its true value in money. The General a.s.sembly may also tax trades, professions, franchises and incomes, provided that no income shall be taxed when the property from which the income is derived is taxed.

SEC. 4. Until the bonds of the State shall be at par, the General a.s.sembly shall have no power to contract any new debt or pecuniary obligation in behalf of the State, except to supply a casual deficit, or for suppressing invasion or insurrection, unless it shall in the same bill levy a special tag to pay the interest annually. And the General a.s.sembly shall have no power to give or lend the credit of the State in aid of any person, a.s.sociation or corporation, except to aid in the completion of such railroads as may be unfinished at the time of the adoption of this Const.i.tution, or in which the State has a direct pecuniary interest, unless the subject be submitted to a direct vote of the people of the State, and be approved by a majority of those who shall vote thereon.

SEC. 5. Property belonging to the State or to munic.i.p.al corporations shall be exempt from taxation. The General a.s.sembly may exempt cemeteries, and property held for educational, scientific, literary, charitable or religions purposes; also wearing apparel, arms for muster, household and kitchen furniture, the mechanical and agricultural implements of mechanics and farmers; libraries and scientific instruments, or any other personal property, to a value not exceeding three hundred dollars.

SEC. 6. The taxes levied by the commissioners of the several counties for county purposes shall be levied in like manner with the State taxes, and shall never exceed the double of the State taxes; except for a special purpose, and with the special approval of the General a.s.sembly.

SEC. 7. Every act of the General a.s.sembly levying a tax shall state the special object to which it is to be applied, and it shall be applied to no other purpose.

ARTICLE VI. SUFFRAGE AND ELIGIBILITY TO OFFICE.

SECTION 1. Every male person born in the United States, and every male person who has been naturalized, twenty-one years old or upward, who shall have resided in the State twelve months next preceding the elections, and ninety days in the county in which he offers to vote, shall be deemed an elector. But no person, who, upon conviction or confession in open court, shall be adjudged guilty of felony, or any other crime infamous by the laws of this State, and hereafter committed, shall be deemed an elector, unless such person shall be restored to the rights of citizens.h.i.+p in a man, nor prescribed by law.

SEC. 2. It shall be the duty of the General a.s.sembly to provide, from time to time, for the registration of all electors; and no person shall be allowed to vote without registration, or to register, without first taking an oath or affirmation to support and maintain the Const.i.tution and laws of the United States, and the Const.i.tution and laws of North Carolina not inconsistent therewith.

SEC. 3. All elections by the people shall be by ballot, and all elections by the General a.s.sembly shall be viva voce.

SEC. 4. Every voter, except as hereinafter provided, shall be eligible to office; but before entering upon the discharge of the duties of his office, he shall take and subscribe the following oath: "I, --, do solemnly swear (or affirm) that I will support and maintain the Const.i.tution and laws of the United States, and the Const.i.tution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office. So help me, G.o.d."

SEC. 5. The following cla.s.ses of persons shall be disqualified for office. First, All persons who shall deny the being of Almighty G.o.d. Second, All persons who shall have been convicted of treason, perjury, or of any other infamous crime, since becoming citizens of the United States, or of corruption, or malpractice in office, unless such person shall have been legally restored to the rights of citizens.h.i.+p.

ARTICLE VII. MUNIc.i.p.aL CORPORATIONS.

SECTION 1. In each county, there shall be elected biennially by the qualified voters thereof, as provided for the election of members of the General a.s.sembly, the following officers: a Treasurer, Register of Deeds, Surveyor and five Commissioners.

SEC. 2. It shall be the duty of the Commissioners to exercise a general supervision and control of the penal and charitable inst.i.tutions, schools, roads, bridges, levying of taxes and finances of the county, as may be prescribed by law The Register of Deeds shall be, ex officio, Clerk of-the Board of Commissioners.

SEC. 3. It shall be the duty of the Commissioners first elected in each county to divide the came into convenient districts, to determine the boundaries mud prescribe the name of the said districts, and to report the same to the General a.s.sembly before the first day of January, one thousand eight hundred and sixty- nine.

SEC. 4. Upon the approval of the reports provided for in the foregoing section, by the General a.s.sembly, the said districts shall have corporate powers for the necessary purposes of local government, and shall be known as towns.h.i.+ps.

SEC. 5. In each towns.h.i.+p there shall be biennially elected, by the qualified voters thereof, a Clerk and two Justices of the Peace, who shall const.i.tute a Board of Trustees, and shall, under the supervision of the County Commissioners, have control of the taxes and finances, roads and bridges of the towns.h.i.+ps, as may be prescribed by law. The General a.s.sembly may provide for the election of a larger number of the Justices of the Peace in cities and towns, and in those towns.h.i.+ps in which cities and towns are situated. In every towns.h.i.+p there shall also be biennially elected a School Committee, consisting of three persons, whose duty shall be prescribed by law.

SEC. 6. The Towns.h.i.+p Board of Trustees shall a.s.sess the taxable property of their towns.h.i.+ps and make return to the County Commissioners for revision, as may be prescribed by law. The Clerk shall be, ex officio, Treasurer of the towns.h.i.+p.

SEC. 7. No county, city, town or other munic.i.p.al corporation shall contract any debt, pledge its faith, or loan its credit, nor shall any tax be levied, or collected by any officers of the same, except for the necessary expenses thereof, unless by a vote of a majority of the qualified voters therein.

SEC. 8. No money shall be drawn from any county or towns.h.i.+p treasury except by authority of law.

SEC. 9. All taxes levied by any county, city, town, or towns.h.i.+p, shall be uniform and ad valorem, upon all property in the same, except property exempted by this Const.i.tution.

SEC. 10. The county officers first elected under the provisions of this Article shall enter upon their duties ten days after the approval of this Const.i.tution by the Congress of the United States.

SEC. 11. The Governor shall appoint a sufficient number of Justices of the Peace in each county, who shall hold their places until sections four, five and six of this Article shall have been carried into effect.

SEC. 12. All charters, ordinances and provisions relating to munic.i.p.al, corporations shall remain in force until legally changed, unless inconsistent with the provisions of this Const.i.tution.

SEC. 13. No county, city, town or other munic.i.p.al corporation shall a.s.sume to pay, nor shall any tax be levied or collected for the payment of any debt, or the interest upon any debt, contracted directly or indirectly in aid or support of the rebellion.

SEC. 14. The General a.s.sembly shall have full power by statute to modify, change, or abridge any and all of the provisions of this Article, and subst.i.tute others in their place, except sections seven, nine and thirteen.

ARTICLE VIII. CORPORATIONS OTHER THAN MUNIc.i.p.aL.

SECTION 1. Corporations may be formed under general laws; but shall not be created by special act, except for munic.i.p.al purposes, and in cases where, in the judgment of the Legislature, the object of the corporations cannot be attained under general laws. All general laws and special acts, pa.s.sed pursuant to this section, may be altered from time to time, or repealed.

SEC. 2. Dues from corporations shall be secured by such individual liabilities of the corporation and other means, as may be prescribed by law.

SEC. 3. The term corporation, as used in this Article, shall be construed to include all a.s.sociation and joint-stock companies, having any of the powers and privileges of corporations, not possessed by individuals or partners.h.i.+ps. And all corporations shall have the right to sue, and shall be subject to be sued in all courts, in like cases as natural persons.

SEC. 4. It shall be the duty of the Legislature to provide for the organization of cities, towns and incorporated villages, and to restrict their power of taxation, a.s.sessment, borrowing money, contracting debts and loaning their credits, so as to prevent abuses in a.s.sessment and in contracting debts by such munic.i.p.al corporations.

ARTICLE IX. EDUCATION.

SECTION 1. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.

SEC. 2. The General a.s.sembly, at the first session under this Const.i.tution, shall provide by taxation and otherwise, for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years. And the children of the white race and the children of the colored race shall be taught in separate public schools; but there shall be no discrimination in favor of, or to the prejudice of either race.

SEC. 3. Each county of the State shall be divided into a convenient number of districts, in which one or more public schools shall be maintained at least four months in every year; and if the Commissioners of any county shall fail to comply with the aforesaid requirements of this section they shall be liable to indictment.

SEC. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by this State or the United States; also, all moneys, stocks, bonds, and other property, now belonging to any State fund for purposes of education; also, the net proceeds of all sales of the swamp lands belonging to the State, and all other grants, gifts or devises that have been or hereafter may be made to the State, and not otherwise appropriated by the State, or by the term of the grant, gift or devise, shall be paid into the State treasury; and, together with so touch of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establis.h.i.+ng and maintaining in this State a system of free public schools, and for no other uses or purposes whatsoever.

SEC. 5. All moneys, stocks, bonds, and other property, belonging to a county school fund; also, the net proceeds from the sale of ? ? estrays? ? ; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the State; and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and remain in the several counties, and shall be faithfully appropriated for establis.h.i.+ng and maintaining free public schools in the several counties of this State: Provided, That the amount collected in each county shall be annually reported to the Superintendent of Public Instruction.

SEC. 6. The General a.s.sembly shall have power to provide for the election of Trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, franchises and endowments thereof, in anywise granted to or conferred upon the Trustees of said University; and the General a.s.sembly may make such provisions, laws and regulations from time to time, as may be necessary and expedient for the maintenance and management of said University.

SEC. 7. The General a.s.sembly shall provide that the benefits of the University, As far as practicable, be extended to the youth of the State free of expense for tuition; also, that all the property which has heretofore accrued to the State, or shall hereafter accrue, from escheats, unclaimed dividends, or distributive shares of the estates of deceased persons, shall be appropriated to the use of the University.

SEC. 8. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, Auditor, Superintendent of Public Instruction and Attorney-General shall const.i.tute a State Board of Education.

SEC. 9. The Governor shall be President, and the Superintendent of Public Instruction shall be Secretary of the Board of Education.

SEC. 10. The Board of Education shall succeed to all the powers and trusts of the President and Directors of the Literary Fund of North Carolina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools and the educational fund of the State; but all acts, rules and regulations of said Board may be altered, amended or repealed by the General a.s.sembly, and when so altered amended or repealed, they shall not be re-enacted by the Board.

SEC. 11. The first session of the Board of Education shall be held at the capitol of the State, within fifteen days after the organization of the State government under this Const.i.tution; the time of future meetings may be determined by the Board.

SEC. 12. A majority of the Board shall const.i.tute a quorum for the transaction of business.

SEC. 13. The contingent expenses of the Board shall be provided by the General a.s.sembly.

SEC. 14. As soon as practicable after the adoption of this Const.i.tution, the General a.s.sembly shall establish and maintain, in connection with the University, a Department of Agriculture, of Mechanics, of Mining, and of Normal Instruction.

SEC. 15. The General a.s.sembly is hereby empowered to enact that every child, of sufficient mental and physical ability, shall attend the public schools during the period between the ages of six and eighteen years for a term not less than sixteen months, unless educated by other means.