Lacy v. Fidelity Bank of Durham

183 N.C. 373
CourtSupreme Court of North Carolina
DecidedApril 19, 1922
StatusPublished
Cited by23 cases

This text of 183 N.C. 373 (Lacy v. Fidelity Bank of Durham) 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.

Bluebook
Lacy v. Fidelity Bank of Durham, 183 N.C. 373 (N.C. 1922).

Opinion

Hoke, J.,

after stating tbe case: Sections 1, 2, and 3 of Article IX of tbe Constitution, this being tbe article on Education, are as follows:

“SectioN 1. Religion, morality, and knowledge being necessary to good government and tbe happiness of mankind, schools and tbe means of education shall forever be encouraged.

“Sec. 2. Tbe General Assembly, at its first session under this Constitution, shall provide by taxation and otherwise for a general and uniform system of public schools, wherein tuition shall be free of charge to all children of tbe State between tbe ages of six and twenty-one years. And tbe children of tbe white race and tbe children of tbe colored race shall be taught in separate public schools; but there shall be no discrimination in favor of or to the prejudice of either race.

“Sec. 3. Each county of the State shall be divided into a convenient number of districts, in which one or more public schools shall be maintained at least six months in every year; and if the commissioners of any county shall fail to comply with the aforesaid requirements of this section, they shall be liable to indictment.”

And after making various other provisions in furtherance of the general purpose, the article closes with the following, designated as section 15 : “The General Assembly is hereby empowered to enact that every child, of sufficient mental and physical ability, shall attend the public schools during the period between the ages of six and eighteen years, for a term of not less than sixteen months, unless educated by ' other means.”

[378]*378A proper consideration of the article will clearly disclose that its provisions are mandatory, imposing on the Legislature the duty of providing “by taxation and otherwise for a general and uniform system of public education, free of charge, to all the children of the State from six to twenty-one years,” that the school term in the various districts, shall continue for at least six months in each and every year, and that the counties of the State are recognized and designated as the governmental agencies through which the Legislature may act in the performance of this duty and in making its measures effective. In various decisions of the Court the importance and imperative nature of these constitutional provisions have been upheld and emphasized. Board, of Education v. Board of Comrs., 178 N. C., 305; Board of Education v. Board of Comrs., 174 N. C., 469; Collie v. Comrs., 145 N. C., 170.

Speaking to the subject in the Granville County case, wherein it was. held that high schools could well be made a part of the public school system, the Court said: “We find nothing in this article of our Constitution or elsewhere, which in terms restricts the public schools of the State to the elementary grades-or which establishes any fixed and universal standard as to form, equipment, or curriculum. On the contrary, in view of the prominent placing of the subject in our organic law, the large powers of regulation and control conferred upon our State board,, extending at times even to legislation of the subject, the inclusive nature-of the terms employed, (to all the children of the State between the ages, of six and twenty-one years of age/ together with the steadfast adherence-to this patriotic, beneficent purpose, throughout our entire history, it is-manifest that these constitutional provisions were intended to establish a system of public education adequate to the needs of a great and progressive people, affording school facilities of recognized and ever increasing merit to all the children of the State, and to the full extent that our-means could afford and intelligent direction accomplish.”

And in Collie v. Comrs., supra, wherein it was held that this obligation to maintain a six months school (then four) should prevail notwithstanding it required a tax levy over and above the limitations on amount of taxation elsewhere appearing in the Constitution, Associate Justice-Brown, delivering the principal opinion, said, among other things: “The-reasons which induced the people to adopt Article IX are set forth in its-first section, and they are so exalted and forcible in their nature that we must assume that there is no article in our organic law which the people regarded as more important to their welfare and prosperity. This-conviction is greatly strengthened when we find that the only criminal offense defined and made indictable by the instrument is one created especially to enforce obedience to its specific commands in respect to the-establishment of four months schools. In commenting upon this, Mr.. [379]*379Justice Avery well says: ‘It is difficult to understand wby tins wide departure from the usual course was made, unless we interpret it as emphasizing the intent of the framers of the Constitution that the officers held subject to this unusual liability should have power coextensive with their accountability.’ ”

And in the concurring opinion, Walker, J., said: “It is not for me to say, in construing that instrument, whether its provisions make for the best interest of the people. I must ascertain the will of the people from what they have said — and not from what I think they should have said — not meaning at all to imply that they have not spoken wisely, and truly expressed their intention. If there is a deliberately conceived and carefully stated principle in their Constitution, and one which it is perfectly evident they desired to be clearly understood and rigidly enforced, it is that embraced in sections 1, 2, and 3 of Article IX, in regard to the schooling of the children of the State. They intended that the State should no longer be debased or retarded in its progress by the ignorance of its people. It is plain that those who wrote these sections knew, as any intelligent citizen knows, that the surest way to obtain good government, and to enjoy it, is to know how to appreciate its blessings and to be able to perpetuate it by a proper and intelligent use of it. When it was, therefore, declared that the people must be educated it was just as binding an injunction that the means to that end must be supplied by taxation as it was that the counties or even the State government should be supported.”

And these comments are further strengthened by the fact that a recent amendment to our Constitution, providing that the total of the State and county tax on property shall not exceed 15 cents on the $100 value, except when the county property tax is levied for a special purpose, and with the special approval of the General Assembly, contains the exception that the restriction shall not apply to taxes levied for the maintenance of the public schools for the term required by Article IX of the Constitution.

This being the law applicable, we can see no reason against the validity of this proposed bond issue, the purpose being to procure funds to construct the necessary school buildings for the proper maintenance of the six months school term in the various counties of the State. And we are not impressed with the objection that the measure is in violation of section 4, Article V, of the Constitution, whereby the General Assembly is prohibited from “lending the credit of the State in aid of any person, association, or corporation, except to aid the completion of the railroads unfinished at the time of the adoption of the Constitution, or in which the State has a direct pecuniary interest, unless by a vote of the people.” That, as its terms import, is an inhibition on giving or lending [380]

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Bluebook (online)
183 N.C. 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacy-v-fidelity-bank-of-durham-nc-1922.