The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-01
NOT WITHOUT DISCUSSlO
Bill For Distribution of School Funds
Goes to Judiciary Committee,
MR.. sTUBBS FOUGHT HARD FOR A VOTE
To Give Employees of State institutions One Day
of Rest in Seven. State institutions Not
to Incur Debt Without Authority
of Assembly.

:
Mr. Stubs bill to amend the constitu
tion 50 as to divide the school fund be-
tween the races in proportion to taxes
paid After considerable discussion. in
which Mr. Stubbs fought to the last ditch
for vote on his bill, it was recommit-
ted TO the Judiciary committee.
The text Of the bill is as follows:
Section J. That section TWO (2) Article
TX, of the Constitution be amended by
striking out the words but there shall
be no discrimination in favor of or to the
prejudice of either race, and inserting
in lieu thereof the following words. and
the General Assembly shall provide for
an equitable distribution CT the school
fund between the races: and, in addition
10 the fund raised under the general law
for school purposes. the people of any
race, living in any county. city, town,
township or territory may, upon being
first authorized by the General Assembly.
levy. for educational purposes of that race
j uthat county, city. town, township or
territory, an additional tax upon the
property and poll Of the citizens of that
ra1e situated in that county, city, town,
township or territory. if a maporty OF
the qualified voters of said race shall,
al any election held for that purpose
| under such rules and regulations as the
| General Assembly may provide. decide to
| levy said tax. That the same shall be
| levied upon the property and poll of the
| citizens of that race alone in the same
! manner as othr taxes are levied and col
| lected. In levyng said tax, the same
equation between property and pcll SHAH
| bo observed.
See ?. That al the next general election
in this State. this amendment shall be
submitted TO the qualified voters of the
whole State. Those in favor of said
amendment, shall cast a ballot upon which
is printed or written, or partly printed,
and partly written. the words 'For
! School Fund Amendments" and those OPP
posed to the said amendment shall cast
ballot upon which is printed or writ
ten. OF partly printed, and partly writ
ten the words, Against School Fund
! Amendment"
Sc. 3. That if majority Of the votes
cast uron said amendment shall be in
favor OF the sane. it shall become part
OF The Constitution of this State.
The Committee ON Cons ;itutional
Amendments reported the bill TO the
House without prejudice.
Mr. Smith thought this matter was OF
So much importance that it ought to be
referred 10 the full Judiciary committee.
! He made tue motion to this effect
Mr. Stubbs said he was at a loss to
! understand why the gentleman wished
q re-reference Of the hill. IT might be a
rash presumption to say that the Commit
tee on Constitutional Amendments ccu,>
prised the best legal talent of the House.
except its chairman The reference of this
bill would mean its utter defeat Tne
promises of the campaign should not be
deferred in this manner. He said he had
latcred ever since The beginning Of the
session to get the committee TO pass or
this bill. and had finally succeeded Tnc
people of North Carolina were demanding
an opportunity TO vote on this question
II was a Banquos ghost that the ASS an
| pie OF his county were much interested in
the only section that could be construed
as unconstitutional was stricken out
Mr. Watts said this was bill the peo-
pie of his county We're much interested in
and he hoped it would not be re-referred
'In the campaign made by my colleague
aud myself. we promised that this Leg
islature would give the white children the
full benefit Of the taxes on the property
Of whites and The ccIored children tht
benefit OF The taxes on the property O
the colored people. 1t is only fair ant
Just.
Mir. Smith withdrew his motion to re.
fer he hill FOR the present
Mr.. Stubbs said he did not care TO dis
cuss the merits of the bill. if there was
to be motion TO refer afterwards.
Mr.. Smith said ne would like to have
favorable report from a committee
composed OF all the lawyers in the House
III ought 10 be determined positively
whether OF not the bill violates tho con.
stiJuton Of tie United States The very
fac5 that this committee. composed Of ths
best lawyers in the House have failed
to report the bin favcrably proves 10 me
that il ought 10 be referred TO The Ju-
dietary committee.
Mr.. Stubbs said the gentleman from
Gates knew that there were always diff
fe;ences OF opinion in regard to the Goa.
stitutcnality of acts. Ii was the same
with the matter OF the constitutional
amendment. Referring IL te the Judiciary
committee would not settle this. '.rn
not here to discuss its constitutiopaIit1
but 10 carry out the wishes of NV con.
stituents. who have demanded tiat ] sui
nit this bi'l aud ,et the highest court OF
the State decide as TO its constitutionalitv
That question came up in the campaign