In Re the Appointment of Trustees of North Wilkesboro Academical & Industrial Institute

Supreme Court of North Carolina

In Re the Appointment of Trustees of North Wilkesboro Academical & Industrial Institute

167 S.E. 48, 203 N.C. 858, 1932 N.C. LEXIS 124

DecidedDecember 14, 1932

StatusPublished

This text of 167 S.E. 48 (In Re the Appointment of Trustees of North Wilkesboro Academical & Industrial Institute) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re the Appointment of Trustees of North Wilkesboro Academical & Industrial Institute, 167 S.E. 48, 203 N.C. 858, 1932 N.C. LEXIS 124 (N.C. 1932).

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Opinion

Per Curiam.

Section 1, in part, of the act of incorporation (chapter 58, Private Laws N. C., 1895, ratified 23 February, 1895), is as follows: “That (naming them) and their associates and successors, be and they are hereby created and constituted a body politic and corporate under the name and style of ‘The North Wilkesboro Academical and Industrial Institute,’ for the purpose of erecting, owning, operating and conducting at or near Wilkesboro an academical, industrial and manual training school for colored people,” etc.

Section 3, of the charter, is as follows: “That said board of trustees shall have power to employ a superintendent or headmaster of said school and such aids, assistants and employees as they think necessary, to prescribe courses of study and work, provide and furnish farms and workshops for the manual training of pupils and the support of the school, to grant diplomas and certificates to graduates of any department, to charge and collect compensation and fees for the tuition, board and charges of pupils,.and for the use of tools and shops.”

The brief of petitioner says: “The school has not given instructions at all since about the year 1903. . . . The institute is the owner of 15.18 acres of land situated in Wilkes County with two buildings erected thereon for the education of colored youth.”

It goes without saying that all good citizens should be sympathetic with the laudable purposes that the incorporators attempted to promote — an industrial training school for colored people.

Under the facts appearing on the present record, we think there is no error in the order made by the court below. The order of the court below is

Affirmed.

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Per Curiam.

Section 1, in part, of the act of incorporation (chapter 58, Private Laws N. C., 1895, ratified 23 February, 1895), is as follows: “That (naming them) and their associates and successors, be and they are hereby created and constituted a body politic and corporate under the name and style of ‘The North Wilkesboro Academical and Industrial Institute,’ for the purpose of erecting, owning, operating and conducting at or near Wilkesboro an academical, industrial and manual training school for colored people,” etc.

Section 3, of the charter, is as follows: “That said board of trustees shall have power to employ a superintendent or headmaster of said school and such aids, assistants and employees as they think necessary, to prescribe courses of study and work, provide and furnish farms and workshops for the manual training of pupils and the support of the school, to grant diplomas and certificates to graduates of any department, to charge and collect compensation and fees for the tuition, board and charges of pupils,.and for the use of tools and shops.”

The brief of petitioner says: “The school has not given instructions at all since about the year 1903. . . . The institute is the owner of 15.18 acres of land situated in Wilkes County with two buildings erected thereon for the education of colored youth.”

It goes without saying that all good citizens should be sympathetic with the laudable purposes that the incorporators attempted to promote — an industrial training school for colored people.

Under the facts appearing on the present record, we think there is no error in the order made by the court below. The order of the court below is

Affirmed.

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167 S.E. 48, 203 N.C. 858, 1932 N.C. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appointment-of-trustees-of-north-wilkesboro-academical-nc-1932.