The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-11-06

ton shall forever be encouraged"
How, and by whom9 This article pro-
ceeds to answer
Section 2, without quoting, makes it
obligatory on the General Assembly&o
''provide by taxation :.and otherwise"
for a system of public schools, with
tuition free to all between the ages of 6
and 81, and that the white and colo1e1
schools shall be separate.
Section 8 ordains that the counties
shall be divided into school districts.
Sections and 5 amended by the Con-
.stitution 1875, set apart certain specific
receipts and certain taxes for the sup
port of these public schools.
Sections 6, 2 and IA relate to the Uni
versity.
Section 6 was amended in 1928. I
quote as much of this section as is nee
essary to present the question fairly.
''The General Assembly shall have
power to provide for the election of
trustees of the University of North
Carolina, in whom shall be vested all
the privileges in any wise granted +
y = to the trustees of the said Uni
versity; and the General Assembly
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"
Section z. "The General Assembly
shall provide that the benefits of the
University as far as practicable, be ex-
tended 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
distributiye shares of the estates of de-
ceased persons, shall be appropriated
to the use of the University"
Section IA. "As soon as practicable
after the adoption of this Constitution,
the General Assembly shall establish
and maintain in connection with the
University, a department of agricul-
ture, mechanics, mining and of normal
instruction"
1t is apparent to the most careless
reader that the State system of educa-
ton as provided for this article 9 EN-.
braces,
First, the public schools, the Uni
versity, and in connection with the
University, schools of agriculture, me
chanics, mining and normal instruc-
ton.
Second, That the University since
it's incoT poration in 1889 has been a
part of the Constitution.
Third, That the General Assembly
cannot abolish the University any mora
than it "a abolish the judiciary that
it has no m 0re power I'VE article 9than
over article 2 or any other article of the
Constitution.
Fourth, The General Assembly can
not abolish the University by a direct
vote, it cannot abolish it lndirectlVrby
withholding the necessary support
certainly it is not good morals to do in
directly what it is forbidden to do di-
rectly, e. g., the General Assembly
cannot take away the salary of an
officer, and thus get rid of the officer
and Office, when it is not permitted to
abolish the Office.
Fifth. Section 2 enacts that the Gen
eral Assembly ehall provide by taxa
ton and otherwise" for a system of free
public schools. Suppose you strike out
the words by taxation and other wise, u
so that the section shall read, The
General Assembly shall provide for a
system of free public schools" Would
the meaning of this section be altered9
No lawyer will answer yes, for the
duty imposed upon the General Assem-
bly, to provide a system of free public
schools in which tuition shall be free
carries with it the power to raise money
for this purpose ''by taxation or other
wise' subject of course to the other
provisions of the Constitution on the
power and subjects of taxation.
Now section z ordains "The General
Assembly shall provide that the bene-
fits of the University, As far as practic-
able, shall be extended to the youth of
the State free of expense for tuition
How can the General Assembly pro
vide that the common schools shall be
free of tuition9 Answer, by Ievying
taxes to pay the salaries of teachers
and other expenses.
How can the General Assembly pro
vide that the University, as far as prac
4 ticahle shall hn oxtendod to tho youth