Board of Trustees of Plymouth Graded School District v. Pruden & Co.

103 S.E. 369, 179 N.C. 617, 1920 N.C. LEXIS 301

• Court: Supreme Court of North Carolina
• Decided: June 2, 1920
• Status: Published

Opinion

Hoke, J.,

after stating the facts: The power to erect a school building or buildings for the accommodation of the public schools of a given district in our opinion includes the power to provide the ordinary equipment. As indicated in a recent decision of this Court, this equipment consists in great part o£ seats and desks for tbe pupils, fastened to tbe building after tbe manner of fixtures, and comes clearly witbin tbe terms and purport of sucb a law as ordinarily expressed, and tbe first objection of tbe defendant bas been properly disallowed. Comrs. v. Malone, ante, 10.

In reference to tbe second objection raised by tbe defendant, we are inclined to tbe opinion tbat tbe proceedings having been instituted, and tbe bond issue approved under tbe provisions of tbe statute specially applicable, tbat tbe provisions of tbe statute would be controlling, and tbe commissioners at all times empowered to levy a tax sufficient to pay tbe interest annually and retain tbe bonds at maturity — assuredly so if tbe bonds are beld by an innocent purchaser for value. Comrs. v. Malone, supra.

Tbe question, however, is not presented in tbe record, for even if tbe limitation in tbe amount of taxation contained in tbe resolution of tbe commissioners should be beld effective, it would in no wise affect tbe validity of tbe bonds, under tbe principle applied by tbe Court in Comrs. v. McDonald, 148 N. C., 125.

We therefore concur in tbe ruling of bis Honor tbat tbe proposed bond issue will constitute a binding obligation on tbe school district, and tbat tbe defendants must comply with the contract concerning them.

There is no error, and tbe judgment of tbe lower court is

Affirmed.