Board of Commissioners v. Sidney Spitzer & Co.

91 S.E. 707, 173 N.C. 147, 1917 N.C. LEXIS 262

Opinion

AxleN, J.

It is declared in Article XI, section 7, of the Constitu-

tion that “Beneficient provision for the poor, the unfortunate, and orphan” is “one of the first duties of a civilized .and Christian State,” and in accordance with this spirit, which pervades the Constitution, it was held in Jones v Comrs., 137 N. C., 579, and affirmed in Keith v. Lockhart, 171 N. C., 451, that the “support of the aged and infirm,” which is the designation given by statute to the poor of the county (Revisal, sec. 1327; Copple v. Comrs., 138 N. C., 132), is a necessary expense.

The word “support” has a variety of meanings and does not necessarily include the building of a home; but when considered in connection with the class to be benefited, many of whom are without a place of residence, and the policy of the State to maintain the poor at some permanent and established place, support includes shelter, a place to live, and this makes it necessary to build a county home, without which the duty enjoined upon the commissioners could not be performed.

It follows that the bonds in controversy are valid and that the defendant must accept and pay for them.

Affirmed.