The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-01-21
ONE TEACHER THINKS so
SAYS TEACHERS ARE TAXED FOR
THEIR CERTIFICATE.
THEREFORE SECTION SO APPLIES TO THEM
The Attorney General Thinks Not-Supt.
Mebane Advises County School Officers
to Repudicate School Debts
Special Tax.

An interesting question is asked by
Mr.. w. G.. Mccall, a teacher at Rock!
Mount He writes the State Supel9n
tendent asking ito be informed as to the
force and effect of the general Revenue
4Ayst for 1897, which reads: ANY person
wlse shall pratice or follow any TRADE
or profession, taxed by the laws OF
North Carolina, without having :irsi
fsid such tax and secured a license
therefor, shall, upon conviction, be guilty
of Il miSdemeanor."
Teaching. Mr. Mccall argues, is taxed
by law in this State and a license in the
shape of first or second grade certifi
cate is granted the applicant passing the
required average. Does the law recited
render it imperative for all teachers
public. private and parochial-in the
State, to secure fhe certificates named
in the school law, after lawful exami-
nation?
And if not, why not? The medical
profession jealousy guards its special
field from tramp disciples of Aescula-
plus. The field of law has the ever
way against itinerant disciples of Back
stone, and all other taxed trades and
professions enjoy legal protection? Why
not that of teaching? Isn't it given in
the Revenue law!'
This letter having been referred to the
Attorney General for answer, he replies
as follows: II do not think Il person is
indfctable under section 80 of the Reye-
nue. Act of 1897 for practicing the pro-
fession of teaching without certificate.
Estate VS.. Hollingsworth. 100 y. c.. $780,
But such person might be indictab,e
ON the ground that where a statute
makes the commission of an act UNI
lawful and specifics no mode of pro-
ceeding, the violations of its provisions
is a misdemeanor. punishable by indict-
ment at common law tState VS.. Parker.
81 n c., 6;,o; State vs.. Bloodworth, 81
Y. O. 91S: also n case to appear in
121st n. @. Report) Section 38 of the
Revenue Act of 1897 applies only to the
trades and professions mentioned in that
act"
SCHOOL DEBTS REPUDIATED.
Recently the State Superintendent of
Public instruction sent to all supervisors
of public schools and members of county
boards of education a letter, calling at
tention TO the fact that some counties
in the State had been canvassed by
chart agents who knew There was no
money due the schools, and the commit
tee knew they had no mooney to pay
the extravagant orders they Were giving.
do not sEend one cent of the school
money due from July /, 1897. to June
30, 1893, to pay orders made by your
predecessors in Office Mr.. Meeane
wrote. IF there was money due the
districts for which the goods We're
bought at the time they We're bought,
and for the school year in which they
were boalga1t. then Of course such orders
must he paid, otherwise do not pay
Them
That this does not suit the chart men
and they are going to test the Superln~
tendent's ruling in the courts, appears
from tine following telegram Yesterday
received by Mr.. Mehane from Supervisor
Paul j. Long, of Northampton county
s'Chart men will go to mandamlus pro-
ceedings. / am unable to stand suit.
Can board bear expense Advise.
Replying to this Superintendent Me-
bane felegraphed: lit IS tine duty of the
board to bring suit when necessary TO
protect school fund. Stand by the chill
dren."
Supervisor J. NJ. Grizzard. of Halifax,
also writes that there are about $2,O00
ff old chart orders in that county, and
/ nresume it is so all over the State;
If they are paid the schools will be
greatly crippled thereby. The pressure
has also been heavy upon me, but | have
nos.tiyely refused to advise tile pay
ment"
In addition TO this there are said to he
s1 900 of outstanding chart orders in
CASTOR county. and 500 in Wilkes
Other counties have not been heard
from.
THE SPECIAL TAN.
The school, law provides that ION tht
31st day of january in each year tli'
treasurer of every county where an!
smeciaI school tax has been levied silai
send to the Superintendent of Publl'
Instruction a sworn statement OF Uli'
amount of special school tax collected II
aacb township for that year. lnmeGate
Nv anon the receipt of this statement I'M
Sunarintenflenf shall send TO the treas
,urar of the county a warrant for sun
eo,tal to the special school tax collected.
THE Attorney General, giving ms oplll
ION. ON This provision of the law, nold
+l,a+ ..the amount to be paid by the Stat
shauld he paid at any time during TN
slg,ool vear MS some of the counties can
',,at fnrca the collection Of taxes unit
tba 1rsth of March If the State onl.
na;d 4he amount collected by the DIS
.lav of January the intention OF the fiV
a,,ld no defeated"