Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1855-11-28
WARRENToN- n q Nv 1cn

| WARRENToN, N. c., Nov. 18th 1szs
| SIR: Your letter Of 29th Oct, COVERING oro g..
| jonathan Worth, ESQ.,, reached this paco HhH IG
| was absent on the circuit e
Two questions presented First. Doo. Il
4lst section of the act of 1915 in relation to e
Literary Fund and Common Schools rene,I Nv . "a.
section of the act of incorporation of Normal C H
| lege, passed by the legislature of 1852 3 0O'
Second, if so, had the Legislature the cons,t
tonal power to repeal this provision in the Nor,aI
| College charter. ""'
By an act of the legislature of 1886 Union Inst.
tute was first incorporated. At the session Of Ism
| -5l Union Institute was incorporated by the nam.
| of Normal College" At the session Of 1850 Nv
the act of incorporation amended In 1915 ,So
| Board of Superintendent of Common Schools wrro
| authorized to appoint examining committee e.
! each County, to examine persons wishing to teach
in the Common Schools, and the District committee
were prohibited from employing any person TO teach
who did not have the certificate of the examinin
| committee. The act of 1852 makes it the datv G
| the Superintendent to appoint the examining COM
| mittee, and prohibits the Chairman from paving
draft in favor of any teacher who does not prodHcp
the certificate of the examining committee Nv tla
first act ofincorporation of Normal College ceyf
ate from it exempted the person having it from exam
| nation by the examining committee ofanY couDy:and
blythe amended charter the same privileges continued
to Normal College; and it also enacted that the
certificate from ii should answer in lieu of any r
tificate required by law for the payment of the pub
lie funds. This act and that prohibiting the Chair
man of the Board of Superintendent from payiDp
any draft unless accompanied by the certificate II
the examining committee of the county, were enact.
ed by the legislature and neither theSe acts
therefore be made to operate repeal of the other
If possible they must both be construed and execu
ted together and by just and reasonable construc-
tion this may be done. The purpose which the lcs.
iSlature intended to accomplish was to secure salts
factory evidence of the qualifications of those wish.
ing to teach in the Common Schools. To this end
it provided that the teacher should obtain the
certificate of the examining committee of the coun.
ty, or that he should have the certificate of Normal
College, which should answer in the place of the
other Indeed, one great object of Normal College
seems to have been to prepare and send out corps
of teachers for the Common Schools. Either of
these evidences of fitness to teach accomplished the
purpose of the legislature, and one being produced
dispensed with the necessity of producing the Other.
This construction gives reasonable and consistent
operation and effect to both these acts and avoids
the necessity of making one act so repugnan TO and
inconsistent with another passed at the session
OF the legislature, as to operate repeal thereof
Thus was the law up to ls54-'55. The act of that
session. above referred to, far as it affects the
privilege granted to Normal College, is only re.
enactment of the act of 1852, and the question is
now presented does it take away and repeal the
privilege granted to Normal College?
The law, as declared by the legislature must be
executed by the other branches of the government
without regard to its wisdom or policy. But when
the intention of the Legislature is clear, and
course is had to construction ascertain their
ing, the purpose intended may assist in construction
The repeal of the 4th section above referred to is
of the direct effects of the act of 1854 and
only be commended for by reference or as one of
necessary but indirect effects of that act As the
act of 1854 is only a rc-enactmcnt of the act OF
1852 on the same subject without any alteration,
the reason may be desired why it was re-cnacted-
This is evident. The legislature had previously de-
termined on revisal of the whole body of public
statutes, and all the acts relating to the Literary
Fund and Common Schools were part of the acts to
be revised. They were revised and re-enacted at
the last session with all the other revised statutes
making chapter in the revisal including all the
acts now in force on these subjects. This being the
reason OF the re-enactmcnt, the repeal could not
have been directly intended. The Normal College
charter not constituting part of the statutes
ed to be revised, remains as in 1852 1t has been
shown above that the two acts are not incOnslS.
tent with each other that both may not be part Oh
the law and executed at the same tune. One is part
OF the general statute law of the land. The Object
was to secure corps of efficient and capable teac-
ers and to secure this certain evidence of quallca
ton was required of those who sodght employment
as teachers. This, as before stated the certil-
cate OF the examining committee While this Ia"
was IN force there another private law, granting
as privilege to an incorporated literary institution
that Its certificate should answer in lieu of any oth
er certificate required by law. As to the person
having it the public law was altered, and comPH'
ance with one law removed the necessity ofcompyI
ing with the other. One, being part of the genera
statute law, is revised and re-enacted in genera
reVsal of all the public statutes; the other, being
part OF the act of incorporation of literary lnsl
tuition, is not re-enacted. No is perceived that
it was the purpose of the legislature to make re-
enactment of the first repeal of the second. No
reason is perceived why such purpose should have
been entertained. The two laws may well be en-
forced and constitute part of the law in relation 10
teachers in Common Schools. It was a useful ana
necessary object to prescribe by the general publc
aw, some means by which the character of teachers
should be ascertained and sufficiently recommended
% those employing them. This is done by requiring
he certificate of the examining committee OF the
county. But this is not inconsistent with another
means for the same purpose provided by the act OF
Incorporation of private literary institution, GER
iicate from which is allowed to answer the same
purpose as a certificate from the examining commit
ee AS these two acts might be passed by the same
legislature and each have reasonable effect and OPP
ration, no imperative necessity is perceived why inc
e enactment of one is a repeal of the other; why
revlsal and republication of one part oil the
eneral law of the land, must necessarily have the
fleet of doing what there is reason to apprchenG
he legislature intended to do; that is, repeal ana
AXE away an important privilege granted to liter
ry institution, greatly beneficial to it in accomplish
ne one of the principal objects of its incorporation
prepare and furnish suitable teachers to these
common Schools
the statutes and differs with the great part ofthe
ork only in being of the chapters which went
Ito operation Immediately on its ratification Lay
g no repeating clause, it is equally subject to !n0
Deration of the general repeating chapter, which
ent into operation at the time with the otheF