The news & observer., 1896-12-29

In TG&dTu To the DuDilE SG1OOAS AAINht NuA
legislators and public school advocates
have to contend with, which is the OBJ
structions to running the public schools
four months in the pear.
/ request you to publish the letter in
your paper at such time and place as
will give 1t the most extensive reading,
provided it is not later than the 3rd Of
January.
Yours truly,
J. b. BOONE.
Thomasyille, N. c., Dec. 26, 1896.
The letter is as follows:
Rev. ]. B. Boone, Thomasville, n. c.;
NV Dear Sir: Yours Of December 19th
1896 to hand and noted.
/. The money not used in any public
school district in any school year remains
to the credit of that district for the next
school year. The law which turned such
fund back into the undistributed school
fund for the county was repealed long
since.
2. 1t is true that the Legislature can
not reach four months school in each
district under our present conditions with
the Supreme court decisions hedging the
powers of the Legislature about and con-
fning the tax levy to the constitutional
limit Of &c 2-3 cents on the 800 valuation
of property under section 1 of article 5,
Of the Constitution.
The Legislature of 1885 enacted amend
ments to the Code by chapter ia, section
| %, laws Of 1885, making additional school
taxes by county commissioners for con-
| tinuing the schools four months in the
year special tax for school purposes, in
addition to the regular taxes for school
purposes, 1919 cents on the 500 valua-
| ton, then levied. The County Board of
| Education by said section %, chapter 174,
| laws of 1885, was commanded to make
an estimate of how much additional
| school tax was needed by them to have
the school Of the county conducted for
| four months in the year and to submit
| this estimate to the Board Of Commits
sioners of the county. The Board OF
| Commissioners of the county was com
l manded to levy the estimate Of the Board
4 OF Education as n special tax under the
Il act for schools. The commissioners Of
Sampson county, in 1885, levied and ad-
/ ditional tax Of 13 1-3 cents ON the S100
| valuation OF property and 40 cents on
| the poll under the act commanding them
so TO do s. Barksdale and others brought
| suit against the commissioners to prevent
| the levy Of additional taxes o2i the ground
| that the additional levy made the taxes,
| State and county, exceed the constitu-
| tional limit Of 66 2-3 cents, as per article
5, section /, OF Constitution, and hence
| was in violation Of the Constitution. This
case is known in our Supreme court re-
| ports as IS. Barksdale and others VS..
Commissioners OF Sampson county,
| North Carolina Reports, vol. 93, page
| 472. Please get the volume from some
| lawyer or county office and read the
| headings as the divisions under which the
case was discussed and decided. / can
| not in this letter, for want OF time and
| space. The plaintiffs were successful in
| preventing the levy and the Legislature
has been powerless ever since the decision
was made to provide for four months
schools simply for want of power to levy
or have levied sufficient taxes. The
court virtually held that article 8, section
3, of the Constitution. requiring sufficient
means for four months schools in every
| district, is contradictory OF and opposed
to the provision in article 5, section /, OF
the Constitution, limiting taxation to
$500 on the poll and to 66 % cents on the
500 valuation of property for State and
county purposes. The judges OF the Su-
preme court at that time were William
". II. Smith, Chief Justice, and Thomas
S. Ashe and Augustis S. Merrimon, AS
sociate Justices. Judge Smith wrote the
| opinion OF the court, Judge Ashe agree
ing with him; Judge MerrimOn dis
sented. The point Of chief difference in
the opinion and dissenting opinion was
Judges Smith and Ashe held that the
school fund, raised by taxation, is en-
bracsd in the terms State and county
tax in article 5, section /, Of the Con.
stitution, and hence is subject to the
limitation therein provided. Judge Mer-
| rimon held that "State and county tax"
means the taxes for the ordinary ex-
penses of the State and county govern.
ments and that the school taxes were
not embraced in that limitation. Please
read the opinion and the dissent for the
points made and logic Of each. / think
Judge Merrimon had decidedly the best
Of the argument. The case was argued
and decided at the October term, 1885,
of the Supreme court. At the September
term, 1892, or seven years afterwards,
another case came up involving the same
points. Many friends Of the public
schools hoped and believed that the court,
as then constituted, would reverse the
ruling and unite the hands Of the Legis-
lature, in it's effort to meet the require
ments Of the Constitution in reference
to the schools. The case was made up
and came regularly to the court The
case is known as Board OF Education
Of Bladen County vs.. Board of Com
missioners Of Bladen County" N. G.
Reports, volume Ill, page 578. The
court was then composed OF five mem
bers. The court held to the former opin-
ion rendered in 1885, Judge A. G. Avery
dissenting in very strong and elaborate
opinion.
With these opinions staring the Legis-
lature in the face, that body is practically
helpless to meet the demands. 1t viii
take 100000 additional school funds to
| reach four months schools at the present
rates Of teachers pay per month, or at
a very small advance in such pay.
The Legislature has gone about as far
as it can go and leave a sufficient margin
for the ordinary State and county gov
ernment expenses. Certainly it can not
| go much further.
/ If the court had not hedged in school