The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1855-12-26

he unavoidable TO have the whole State re-
districted at once; and certainly now seems
MT 10 be favorable tinlr, the public mind
being wholly unpfepared for such great
change. Besides, the object OF the Leglsa-
ture IN this Is only implied. and it is to be
regretted that this intention was not more
fully expressed, in which case more full JUS
tice would have been done to the motives of
those who enacted the laws, while it would
also have been better understood. But You
know the amount Of labor imposed an the
last Assembly. In justice to what believe
to have been its Important designs in the act
in question, aud the very beneficial effects
of the policy Iuly and eaectually carried out,
have made this rather long explanation,
and think it desirable that these things
should be fully understood and the whole sub
ject be thoroughly canvassed by all the friends
Of the Common Schools in this State.
With this view il has been my intention
as soon as my engagements would permit, to
make public communication through the
Governor to the people Of the State. sug-
gested in my reports to the Assembly, the
propriety Ct some alterations in the law in
regard to the divisions in the school fund
among the districts, stating the diversity d
practice now existing; but in view Of The
difficulty of having al present satisfactory
asd uniform rule, | also suggested, that it
nav be best to leave this (the mode of di-
yision) 10 the discretion Of the county Boards,
under the advice Of the Superintendent"
&C., &c. Possibly, if the subject were So
left to the voluntary action of the Boards,
under the advice Of the Superintendent, we
might, b. putting together the experience Of
different sections and different officers, aud
by patiently hearing and discussing the views
OF all parties, finally arrive at uniform,
simple, and iudieious plan, based on the
idea u equal districts. Of small size. couye>
lient Tor one school, &c, SC But the great
question now is, what are we to dounder the
presentIaws Ii will certainly cause serious
injury 10 undertake to execute the law in
part xithnat first doing what the law intend
ed should De done, that is, without making
the districts as nearly equal as possible !;
where there is no disposition to make an at
tempt Of this kind, and whore districts are
very unequal, Boards of County Saperinten-
dents will have to continue that method Of
division which formerly gave most satistac-
ton. This advice j. given, not because il
is believed that ccanty Superintendenls mere
than any other executive officers Of the law
can undertake to say what laws shall and
what ones shall net be enforced nor can
any one, except Ike law-making power, to
wit, the Legislature, undertake to set aside
any Law because be NAV deem it unwise, i'm
proper, or injurious in any way. cannot
and would not have any such power, nor can
your Board Of County Superintendents but
when law seems, Under the circumstances,
tn be impracticable, and when we and all in
seresiea are 50 agreed, we can fail to execute
it, with tie full Consciousness that this fail
ure will be overlooked b. all until proper al
teralions can be made. such was the TURNER
practice in many counties on this very sub.
ieet.
am glad that you have. as you inform me,
applied to Judge Ruifin for his opinion on the
matter, and as he has advised YOU to cnntin.
ne yosr former methml, feel much gratihed
that the course have had TO recommend has
met the appreciation Of one who long ex-
pounded the law with great learning and
ability, and who IS eminently conservative
in all his opinions. His reasons are doubt
less similar to those have given and while
have no hesitation in advising as have
done, in this matter, | wish to impress on
tie mind, Of al officers the Importance. gen
erallv, OF a strict compliance with tie law.
] do hope ihtt al an early day its provisions
will all be made consistent and practicable;
and that then every part will be literally
executed. II this course is not pursued, a
time Of great litigation and confusion will
osertake as; ard nothin. but general for
bearsnce on sil sides has prevented suits, the
decision Of which either way, would unset
lie the practice u rlahy counties, and make
void many important acts. Several suits Of
this kind are now pending; they are trouble
some their decision either way invalidates
many official acts in sariCus counties, and
they show what vast confusion might be
caused By former practices il parties every
where we're disposed % be iitigious.
adly. The pcnsiiy 70 WHICH yUu alluded,
IL fits dollars on Committeeman falling to
act after accepting office, is precisely toe
same a. II vasin tie former law. You will
fnd il IL liz pamphlet d School Laws, CON.
piled 10 1883, page DO, section -; il vas a
pros ision VI the act OF l344-'4j, aud has
bteH in force ever since. The penalty i.
large, but cannot see how il esu operate
upjl.tly tho.euniy are liable who accept al
Office end then refuse sr Ii elect 70 perform
"a. duties and Il course i would not be en-
forced except for sgcb neglect 90 refusal ..
world be injurious ia the schuula, IN which,
case, that j. ID ease am UGe fs going 10 AT
titus. lie certainly ought not % accept tlIr
af5se.
Committees, however, under tie last act,
are nos liable To penalty Of iiye dollar. Tot
not reporting 10 the C0paty Superinicn.
49, sse4s,f..s#. -, La ffta y.Nuf7,rr .pI
names d children 10 their districts. This Is
tie pnF nss pearlty imPa.sdon Committees,
md = ~. imposed bsrsuse d tue importance
d iiie report aud tiJe repeated complaints
IL Chstmen that II uas uiteu neglected.