Parker v. . Debnam

141 S.E. 535, 195 N.C. 56, 1928 N.C. LEXIS 18

• Court: Supreme Court of North Carolina
• Decided: January 31, 1928
• Status: Published

Opinion

Clarkson, J.

The Jonas Williams School District is opposed to a consolidation with the Walstonburg School District. 3 C. S., 5481 (Public Laws 1923, ch. 136, sec. 73-a), in part is as follows: “The county board of education shall create no new district nor shall it divide or abolish a district, nor shall it consolidate districts or parts of districts, except in accordance with a county-wide plan of organization, as follows: (1) The county board of education shall present a diagram or map of the county showing the present location of each district, the position of each, the location of roads, streams and other natural barriers, the number of children in each district, the size and condition of each school building in each county. The county board of education stall then prepare a county-wide plan for tbe organization of all the schools of the county. This plan shall indicate the proposed changes to be made and how districts or parts of districts are proposed to be consolidated so as to work out a more advantageous school system for the entire county,” etc.'

Then the methods of consolidating school districts are set forth in detail by the statutes. See Public Laws 1923, ch. 136, Art. 6; Public Laws 1924, Extra Session, ch. 121, sec. 2; 3 C. S., ch. 95, Art. 10. The findings of fact by the court below is to the effect that the above statutes have been complied with and the county-wide plan was adopted 20 August, 1925, for Greene County.

It is well settled that in actions of this kind this Court can review the evidence and determine questions of fact as well as of law, but there is a presumption that the proceedings in the court below are correct and the appellant must show error. Howard v. Board of Education, 189 N. C., p. 675; Power Co. v. Moses, 191 N. C., p. 744; Board of Comrs. v. State Highway Commission, ante, 26. To effectuate the legislative intent, statutes relating to the adoption of a county-wide plan are liberally construed and was so done in Causey v. Guilford County, 192 N. C., 298.

The findings of fact by the court below was to the effect that on 27 May, 1927, the board of education of Greene County, by unanimous resolution, consolidated the two school districts, in accordance with the county-wide plan. Notice was duly given. It was done by the board of education in good faith, and in the honest exercise of its discretion. Gaddis v. Cherokee County Road Com., post, 107. There was evidence to sustain the findings.

It may not be amiss to add that the record discloses a map indicating the plan for the reorganization of the Greene County School System where the high school, elementary and primary schools were to be located and the old schools all shown. Full particulars given. A call by the board of education of all the white school committee and to all other citizens and friends of education who are interested to meet 11 May, 1925, at 10 o’clock a.m., in the courthouse at Snow Hill. The letter sent to the committee and published with the map, states in°part: “A plan has been worked out for a county-wide consolidation of schools, and Dr. George Howard, Jr. (director of school organization), from the State Department of Education will be here that day and speak and explain this plan to the people. This is the most important question that the committeemen of Greene County have ever been called together to consider. Under the present law no schools can be consolidated till a plan is adopted. So arrange to be here and learn exactly for yourself how this plan is. See that all the committeemen in your district are present. Bring some other citizens along. Come with an open mind and have at heart the future welfare of the children of your community and Greene County.”

The map, with full detail information of the purpose of the meeting was published in The Standard-Laconic, a newspaper published in the county of Greene, and the most widely read paper published in the county. Then again, notice of the call states: "You are urged to study the above map and come to Snow Hill next Monday prepared to discuss the matter with one purpose only in view, that of bettering the school advantages for the children of our county

From the record we can see no reason for disturbing the findings of fact or conclusions of law by the court below. The judgment is

Affirmed.