Constitution of North Carolina - Article IX

     [||59ffc67d-088f-444c-ab9d-7c990c61a4d0||] Art. XIV,§ 8 CoNsTITUTION OF NORTII CAROLINA | Art. XIV, § 8 

§ 8. Intermarriage of whites and negroes prohibited.—All marriages 
CL ———————————— 

  To ———— 139 

Art. XIV, 88 Consritrurion or NORTI 
   

    

  

hite perso 
negro desc the—third genera 

On 1875.) 

    

  

I 
  

at Hg ero. betwken a white person 3 J 

1, mclusive, a 

    

   

ARTICLE IX 

EDUCATION 

§ 1. Education shall be encouraged.—Religion, morality, and knowledge 

* being necessary to good government and. the happiness of mankind, schools and 

the means of education shall forever be encouraged. 

Editor's Note.—This scction constitutes 

the corner-stone in the foundation on 

which rest the provisions of the following 

scctions, the courts in practically all the 

cases referring to the provision hercof 

. and using them as a supplemental basis 

for the decisions primarily falling under 

onc or more of the subscquent scctions. 

Reference, therefore, is here made to the 

notes placed under the sections following 

in this article. 
This and the following sections are 

mandatcry in their provisions. [Fuller wv. 

Lockhart, 209 N. C. 61, 182 N. C. 733 

(1935). Mcbane Graded School Dist. wv. 

47. 873 (3937). 

§ 2. General Assembly shall provide for schools; 

(Const. 1868.) 
Alamance County, 211 N. C. 213, 189 S. . 

Sce also, Elliott v. State 
Board of Equalization, 203 N. C. 749, 1686 
S. E. 918 (1932). 

Quoted in Collie v. Franklin County 
Com'rs, 145 N. C. 170, 59 S. E. 44 (1907); 
Mecklenburg County v. Piedmont Fire 
Ins, Co, 210 N.C. -171, 185 S. E. 654 

(1936), 
Cited in Julian v. Ward, 198 N. C. 480, 

152 S. I. 401 (1930); Recid v. City Coach 
Co. 215 N. C. 469, 2 S. E. (2d) 578, 123 
A. L. R. 140 (1939); Fletcher v. Collins, 
218 N. C. 1, 9 S. E. (2d) 606 (1940). 

separation of the 

races.-~The 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 the-State™® 

tween the ages of six-and TWIT one years. And the children of the white rac 

and the children ofthe colored race Jha be taught in_scparate publicsc Ss: 

but there shall be no discriminatios 

(Const. 1808; Convention 1875.) 

Cross Reference.—Sce Art. IX, § 5. 

Editor's Note.—The last sentence” was 

added by the Convention of 1875. 

For note on the “separate but equal” 

. test of race discrimination in graduate ed- 

ucation, sce 30 N, C. Law Rev. 153, 

In Goneral.—It was said by the court 

in Lanc v. Stanly, 65 N., C.. 153 (1871): 

“It will be sccn that the Constitution es- 

114 

  

nh favor of, or to the prejudice of, cither race. 
rm———— TE  ———— 

tablishes the public school system, and 
the General Assembly provides for it, by 
its own taxing power, and by the taxing 
power of the counties, and the State 
Board of Lducation, by the aid of school 
committees, manage it. It will be ob- 
served that it is to be a 'system’: it is to. 
be ‘gencral’, and it is to be ‘uniform’. It” 
is not to be subject to the caprices of lo- 

 



  

§ 14-181. Miscegenplion.——All marriages belw 
negro, or between a Quint person and a person of Qegro Xlescent ta the third 
generation inclusive, arc Torever prohibited, and shall vor. Any person vio- 
Eating this section shall he guilty of an infamous crime, and shall’ he punished 
by imprisonment in the county jail or State's prison for not less than four months 
nor more than ten years, and may also he fined, in the discretion of the conrt. 
(Const, art. 14, 5, 8: 1834, ¢e, 24; 18389, ¢. 24; RR. C, c 68, =. Z; Code, s. 
1084: Rev, 's. 3300: C8, 5 4310.) 

a white person and a     

  

§ 14-182. Issuing license for marriage between white person and 
negro; performing marriage ceremony. — If any register of declds shall 
owingly issue any license for marriage between any person of eolor) and a 

(whitcherson ; or if any clergyman, minister of the gospel or justice of, The peace 
shall knowingly marry any such person of color to a white person, the person 
so offending shall he guilty of a misdemeanor. (1830, c. 82: 0. Coe, 3s: 
80; Code, 's. 1085; Rey, 5.3370; Co 8.08. 4341.) 

§ 51-3. = \{ capacity; void and veidable marriages. ~All mar- 
riages between {white person and ACL jor hetween a person and person 
of negro descent to the third gpeneratioii; inclusive, or hetweenn a Cherokee Indi 

of Roheson County anda needy or between a Cherokee Indian of TWolimon Connty 
and a person of Qegro prea to the third generation, inclusive, ar hetween any 
two persons nearer of kin than first consing, or hetween a male person under six- 
teen years of age and any female, or between a female person under sixteen years 
of age and any male, or between persons either of whom has a husband or wife 
living at the time of such marriage, or between persons cither of whony is at the 
time physically impotent, or is incapahle of contracting from want of will or nnder- 
standing, shall be void: Provided, danble first cousins may not marry: and pro- 
vided further, that no marriage followed hy cohabitation and the hirth of issue 
shall be declared void after the death of either of the parties fur apy of the canses 
stated in this section, oxeepl for that one of the parties was ME and the 
other a negro or of in to the third eeneration. melusive, and for 
bigamy; provided further, that no marriage hy persons either of whom may he 
under sixteen years of age, and otherwise. competent to marry, shall he declared 
void when the girl shall he pregnant, or when a child shall have heen horn to the 
parties unless such child at the time of the action to annul shall he dead, A mar- 
riage contracted under a representation and belier that the female partner to the 
marriage is pregnant, followed by the separation of the parties within fortv-five 
(45) days of the marriage which separation has heen continuous for a period of 
onc year <hall he voidables Provided, that no child shall have heen horn to the 

  

     

parties within ten (10) lunar months of the date of separation. (R. C., ¢. 08, ss. 
7.8. 9: 1871-2. ¢. 193, 5. 2 Cwle Ss 18M IS87 cc. 215: Nev, s. 20683: 199%, ¢.. 

215,82: N30, 123 N07, 0. 13800 8.02495; P47, 6. 380 5, 3: PHY 00022 
1953, c. 1105: 106), c. JO7.) 

§ 51-16. Form of license.—1.icense shall be in 
the following or some cquivalent form: 

To any ordained minister of any religions de- 
nonnunation, minister authorized by his church, 

marriage of C. 1. (the mame of the man to be 
written in full-af (here state his residence), aged 
cere years (race as the case may he), the son 
of (here state The father and mother, if known; 
state whether they are living or dead, and their 
residence, if known; if any of (hese facts arc not 
known, so state), and 1." 1. (write the name. of 
the woman in full) of (here state her residence), 

        

  

aged. .....vears (race, as the case mav he), the 
daughter of (here state names and residences of 

the parents, if known, ae j= required ahave with 

respect to the man), (1 cither of the parties is 
un:ler cighteen years of age, the license shall here 
contain the following) And the written eapsent 

of G. H., father (or mother, ctr, as the car may 

hed to the proposed marriage having hee filed 

with me, and there heing. no legal impede t to 

sich marriage known to me, vo are hese be ane 

thorized, at any time within sity days fiom the 

date hereof, ta eclehrate thre praposed masze 

at any place within the said county, Von are ge. 

quined, within sixty dave after your shall Have 
celebrated such marriage, to retin this licenwe to 

me at my office with vour signature suhaeribed 

to the certificate under thie license, and with the 
blanks therein filled according to the fact, under 

penalty of forfeiting two hundred dollars to the 

use of anv person who shall cue for the same 

Taswed tis 0. olay nfo 0. . YO }.. oxy. 
Repzister of Deeds nf Lo... Coanty 

very register of deeds shall desiernte in every 
marriage license issued the race of the prizons 

proposing to marry by incerting in the blank 

alter the word “race” the words “white,” 

or “indian,” as the case may be. The certificate 
shall he filled upand signed hy the minister or 

olicer celebrating tha wateigee, and aleo he cipned 

by one or more witnesses present at the marriage, 
wha shall adel 10 their BWames thelt place of veg 
dence, as faotlows: 

I. N. O, an ordained or authorized minictor of 

(here state to what religions denommation, or 

justice of the prace, as the case may hed), united in 
matrimony (here name the parties), the parties 
licensed abave, on the ..... dav. af: 000 a 

19..... at the house of PP, R, in (heve name the 
town, if any, the township and county), according 

to law. 

Wilness present at the marriage: ..... J. 0, 
S. T.. of (hete give residence), (Rev, roa0; 

Code, =. 1815; 1899, ¢. hd), s3. 1, 2; 1871.2 ¢. 190, 
8. 64000, Cc. I08, 8 A: 1017, c.. 3”: CS. a5nn) 

“colon ry 

Local Modification. Bladen: 1941, ¢. 95, 

 



§ 58-225. Maintenance of separate branches, 

when operated for benefit of both races.——All 

burial associations now operating: in the state of 

  

North Carolina and all bunal associations here- 

after organized and operated in ths fe of North 

Caroling, for the hencfit of hot crs Shall main- 

tin and operate yo separate branches, and the 
provisions of ticle 20 ETTT0pIy to each 
branch as a separate association, except as herein- 
after provided. 301, ec. 130, 8.23.) 

§ 68-267. Meetings of governing body; principal office; separation 
of races.—Any such socicly or order incorporated and organized under the laws 
of this State may provide for the meeting ol its supreme legislative or governing 
body in any other state, province, or territory wherein such society has subor- 
dinate lodges, and all business transacted at such meetings is as valid in all re- 
spects as if the mcetings were held in this State; but the principal business. office 
of such socicty shall always be kept in this State. No fraternal order or socicty 
or benehiciary association shall be authorized to do business in this State: under 
the provisions of this article, whether incorporated under the laws of this or any 
other state, province, or territory, which associates with, or sccks in this State 
to agsociale with, as members of the same lodge, fraternity, society, association, 
the a colored yaces with the objects and purposes provided in this article. 

1'(1899, c. 54, 5. 91; Rev., s. 4797; 1913, c. 46; C. S., s. 6494.) 

§ 60-94. Separate accommodations for different 
races.—All railroad and steamboat companies en. 
gaged as common carriers in the transportation of 
passengers for hire, other than strect railways, 
shall provide separate but _cqual accommodations 
for PE colored racesyat passenger sta. 
tions er wailing-rociifs, and ato on all trains and 
steamboats carrying passengers. Such accommo- 
dations may be furnished by railroad companies 
cither by scparate passenger cars or by compart. 
ments in passenger cars, which shall be provided 
by the railroads under the supervision and direc- 
tion of the utilitics commission: Provided, that 

this shall not apply to relief trains in cases 
of accident, to Pullman or sleeping cars, or 
through express trains that do not stop at all 
stations and are not used ordinarily for traveling 
from station to station, to ncgro servants in at- 
tendance on their employers, to officers or guards 

transporting prisoncrs, nor to prisoners so trans- 

ported. - (Rev, s. 2619; 1809, c. 384; 1901, c. 213; 

1933, ¢. 134, 5. 8; 1941, c. 97, 5. 5; C, S, 3494.) 

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§ 60-98 CI. 60. RAILROADS, 

chapter to furnish separate accommodations to 
the races, who has been furnished accommnda- 
tions on such raibead train or steamboat only in 
a car of compartment with a person of a different 
race in violation of law, (Rev, 5 2622; 1800, e, 
ase, s, 5; C8 07) 

§ 60-98. Exceptions to requirement of separate 
coaches and toilets.—As to trams consi ting of 
not more than one passciurer car unit, operated 

principally for the accommaodaiie of Joeal travel 
although operated both intrastate and interstate 

and irrespective of the motive power used, the 
utilitics commission is authorized make such 
rules and regulations for the LL of the 
Factryand with regard to toilet faz as in its 

sr judgment may be fedSiHIE and reasonable in 

the circumstances, and the rules and regulations 
cctablished pursuant to this authority shall he ex- 
ceptions to the provisions of §§ 60-94 and 60-107. 
(1933, ¢. 270; 1941, c. 97, 8. 5.) 

   
  

§ 60-95, Certain carriers may be exempted 
from requirement,—T'he utilities commission is . 
hereby authorized to exempt from the provisions 
of § 60-04 steamboats, branch lines and narrow. 
gauge railroads and mixed trains carrying hoth 
freight and passengers, if in its judgment the en- 
forcement of the same be unnecessary to sccure 
the comfort of passengers by rcason of the light 
volume of passenger traffic, or the small number of 

§ 60-135, Scparate accommodations for different 

races; failure to provide misdemeanor.—All street, 

interurban and suburban railway companies, en- 

gaged as common carriers in the transportation of 

: E irc in the state of North Carolina 
colored passenger travelers on such steamboats, passengers for b n ’ 

narrow-guage railroads, branch lines or mixed shall provide and sct apart so much of the front 

trains, (Rev., s. 2620; 1800, c. 384, s. 2; 1001, c, : [78 

813; 1933, c. 134, 8. 8; 1041, ¢, 97,5. 5; C, 8.319%) 

portion of cach cat onsrated by thomas shall be 
necessary, for occupation by the white }ussen- 

gers therein, and shall likewise provide and set 

apart so much of the rear part of eam 

§ 60-96, Use of same coach in emergencies. — 
When any coach or compartment car for cither 

race shall be completely filled at a station where 

no extra coach or car can be had, and the in- 
creased number of passengers could not he fore 

scen, the conductor in charge of such train may 

assign and sct apart a portion of a car_og compart. 

ment assigned for passengers of onCraee pas- 

sengers of the other race. (Rev, s. 2021771899, « 

284, 5. 3; C. S. 3406.) 

be necessary, for occupation by thd colored fis. 

sengers there apd s Al require as far a5 prac. 

ticable th€ white nk_colored Passengers to oc- 

cnpy the respective parts of stich car so set apart 

for cach of them. The provisions of this section 

shall not apply to nurses or attendants of children 

or of ti.c sick or infirm of aldiffcrent race) while in 

attendance upon such children or E30 sick or 

infirm persons. Any officer, agent or other em- 

ployee of any strect railway company who shall 

willfully violate the provisions of this section shall 

‘be guilty of a misdemeanor, and upon conviction 

shall be fined or imprisoned in the discretion of 

the court. (1907, c. 850, ss. 1, 5, 7; 1909, c. 851; 

©. 8. arn) 

coaches,—Any 
for iailin paral? 

Yirlroad or steamboat company 

failing to comply i good faith with the provision 

of §§ 60-04 to 60-06 shall be liable to a penalty of 

ohe hundred dollars per day, to he recovered in 

an action brought against such company by any 

passenger on any train or boat of any railroad or 

alcamboat edimpany which fs required by this 
fal 

 



  

§ 62-44. To provide for scparate waiting rooms 

for races. ~The commision is empowered al 

directed to require the establishment of Se rae 

waiting rooms at all stations for th awhitg ane 
A A 

Ceolored aces. (Reva, s. 1097; 1809, € 61, s. 2, 
Subse V4: 1938. Cts 8 md, ear aCL 8S, 

1011) 

§ 62-100, Regulatory powers of commission; 
gepraticn of res The ys ontmission is hereby 
vested with pover and anthoaity ta supervise and 

reenlate every metor vehicle cannery nnader this 

article: to make or approve the cates, fares, 

charees, classthieations, tales and regabations for 
cervice and safety of operation and the checking 

of bagpeape of each such motor vehicle carrier; 

to supervise the operation of wvmion passenger 

s{iations mm any manner necessary to promote 

harmony among the operators and efficiency of 
service to the traveling public; to fix and “pre- 

scribe the speed limit, which may he less but shall 

not he greater than that prescribed by law: to 
regulate the accounts and to require the filing of 

annual and other reports and of other data by 

such motor vehicle carriers: to require the in- 

crease of cquipment capacity to mect public con- 

venience and necessity; and to supervise and reg- 

ulate motor vehicle carrters in all other matters 
affecting the relationship hetween such carriers 

and the traveling and shipping public. The com- 

mission shall have power and anthority, hy gen- 
eral order or otherwise, to prescribe rules and 

. reeulations applicable to any and all motor ve- 

JSSION--MOTOR CARRIERS § 62-110 

hicle carriers, and the said commission is author. 
ized, directed and empowered, whenever the phy. 
lic convenience and necessity may require, to in. 

crease, or decrease, or suspend temporarily the 

service upon any route for which a franchi.e ripe 
tificate has heen issved; and ia hereby authorized, 

cmpowererl, and diverted to sec that such rules 
and regulations and all, and singularly, the pio- 

‘visions of this article arc enforced. The com- 
mission shall require any motor cchicle carrer 
operating on a tranchiae granted hy the whili- 
tics commission and coming within the proviciong 

of this article, if engaged in the transporiation 
of hoth{ white and lealored passengers for hire, to 

or waiting rooms where the carrier receives pas- 
scngers of both races and/or on all busses or mn. 
tor vchicler operating on a route or routes over 

which such cartier transports passengers of loth 
races. Such accommodations niay be furnished 

cither by ceparate motor vehicles or by enual ac- 

commodations in motor vehicles. Provided that 
any requirement as to separate accommodation 

for the(aacr Jnl not apply to specially chartered 
motor vehteles or to negro servania and attend. 
ants on their employers, or to “officers or gnarde 
tran-porting prisoners; and provided that opera. 
tors of motor vehicles or bits lines or tavicabe 
engaged in the transportation of pasaenpers of 
onc (race) only shall nat he required. to provide 
any accommodations for the other{race and pro. 
vided that an operator shall not he required to 

furnish any accommodations to the other race 

over a line or route where he has undertaken and 
fa engaged in the transportation of passengers of 

oily one reer, and provided, farther, that nothing 

conlamed fr thin ave Eryn 111 he conatraed toy de- 

rlare opreatore of hiretrs and Por tai abs rommon 

PRYbIers, (1035, vr, 5%, 8 4: 19RD oe AOR, & 7) 020, 

F208, & 1; 1M, + 129, & R; 1044, £07) 

§ 65-38. Racial restrictions as to usc of cemeteries for Burial wf 

dead In the event smd praperty has been heretofore used exclusively for the 

neerodrace, then said cemetery or hurial ron $0 
burial of members of the : : : Op 

established shall remain and be atablished as a burial ground for th IL de mrad oO 

      

  

   

  

     

  

In the event said property has heen heretofore used exclusively for the 

members of the white race, then said cemetery of burial g¢ 

hall remain and he established as 

£.5.2) 

round so established 

a burial ground for the white race. (1947, c 

 



  

§ 71-1. Cherokee Indians of Robeson County; 

tights and privileges.-="TI'he persons residing in 
Esheson, Richmond, and Sampson c 's._ who 

Pal a — fave heretofore been known as LCroatan "T= 
[1] * > -— — 

.- dans” o Indians of Robeson aD Topether 

: sith their descendioiTs, shall Termfic = he known 

nd designated as “Chernliee Indians of Robeson 

Coonty,” and by that name shall he entitled to 
vl the rights and privileecs heretofore or here- 

“er conferred, by any law or laws of the state 
of North Carolina, upon the indians heretofore 

emown as the “Croatan Indians” or “Indians of 
" Foheson Countv.” In all laws enacted hy the 
veneral Assembly of Morth Carolina relating to 
wud indians subsequent to the enactment of said 
Mapter fifty-one of the Taws of eighteen hundred 
i=d eighty-five, the words “Croatan Indians” and 
“Indians of Robeson County” are stricken out N 
iv! the words “Cherokee Indians of Robeson 
County” inserted in licu thereof. (Rev., s. 4168; 
0 050, 8 2: INNS, co 25:8. 1, 1000, ¢, 263; 
Me 123; CS. 6257) 

{ 71-2. Scparate privileges in schools and insti- 
*tions.—Such Cherokee indians of Robeson 
¢ =aty and the indians of Person county, defined 
=the chapter Vdueation, § 115-66, shall he entitled 

EA *v the Wi rights and privileges: 
Separate schools) with the educational priv- 

Wed dn the chapter Fducation, 
Suitable accommodations hi the state hos- 

    

   
     

      

pital for the insane at Raleigh, as provided in the 
chapter Hospitals for the Insane, in the article 
entitled Organization and Management, 

> 3 The sheriffs, jailers, or other properties of 
Robeson and Person counties shall provide in 
the common jails of said countics, and in the 
homes for the aged and infirm thereof, separate 
cells, wards, or apartments for such indians in 
all cases where it shall he neccessary under the 
laws of this state to commit any of said indians 
to such jails or county homes. (1011, ¢. 215 5. 6; 1913, c. 123; I. L. 1913, ¢. 22: C. S. 62458.) 

§ 90-212. What bodies to be furnished.—All officers, agents ue... 
vants of the State of North Carolina, or of any county or town in said State, and 
all undertakers doing business within the State, having charge or control of a 
dead body required to be buried at public expense, or at the expense of any insti 
tution supported by State, county or town funds, shall he and hereby are required 
immediately to notify, and, upon the request of said Board or its authorized agent 
or agents, without fee or reward, deliver, at the end of a period not to exceed 
thirty-six hours after death, such body into the custody of the Board, and permit 
the Board or its agent or agents to take and remove all such bodies or otherwise 
dispose of them: Provided, that such body be not claimed within thirty-six hours 
after death to be disposed of without expense to the State, county or town, hy any 
relative within the second degree of consanguinity, or by the hushand or wife of 
such deceased person: Provided, further, that the thirty-six hour limit may he 
prolonged in cases within the jurisdiction of the coroner where retention for a 
longer time may be necessary : Provided, further, that the bodies of all SE 
prisoners dying while in Central Prison or road camps of Wake County, whether 
dealh results from natural causes or otherwise, shall be cqually distributed among 
the white funeral homes in Raleigh, and the bodies of all such icgro prisoners dy- 
    ing under stnTar comidilions shall be cqually distrib:ited among thie negro funeral 

homes in Raleigh; but only such funeral homes can qualily hereunder as at al 
times mamtaina regular licensed embaliner: Provided, further, that nothing here. 
in shall require the delivery of hodies of such prisoners to funeral directors of 
Wilke County where the same are claimed by relatives or friends. 

 



  

Art. 8. Separate Toilets for Sexes and 
Races, 

§ 05-48. When scparato tollets required; pene 
aliy—All persons and corporations employing 
males and females in any manufacturing industry, 
or other business emploving mote than two males 
and females in towns and cides having a popula- 
tion of onc thousand persons ar more, and where 
such cmployees are required to do indoor work 
chicfly, shall provide and keep in a cleanly condi- 
tion separate and distinct toilet rooms for such 

employees, said toilets to he lettered and marked 
in a distinct manner, co as_to furnish separate 
facilities for Quhite) mate white; females colored: 
males and (colored, females Trovided, that Hic 
provisions of this section shall not apply to cases 

where toilet arrangements or facilitics are fur- 
nished by said employer off the premises occupied 
by him. (1013, c. 83, s. 1; C. S. 6559.) 

§ 05-49. Location; intruding on toilets misde- 
meanor.—It shall be the duty of the persons or 
corporations mentioned under this article to_lo- 
cate their toilets for males and females, (white) 
and 5 in separate parts of their buildings 
or grouiids in buildings hercafter crected, and 
in those now crected all closets shall be sepa- 
rated by substantial walls of brick or timber, and 
any employee who shall wilfully intrude upon or 
use any toilet not intended for his or her sex or 
color shall be guilty of a misdemeanor and upon 
conviction shall be fined five dollars, (1913, c 
83, s. 4; C. S. 6500.) 

§ 05-60. Punistiment for violation of article. — 
If any person, firm, or corporation refuses to com- 
ply with the provisions of this article, he or it shall 
be guilty of a misdemeanor, and upon conviction 
shall be fined or imprisoned, or both, in the dis- 
cretion of the court. (1913, c. 83, 8, 2; 1919, c. 100, 
s. 12; C. S. 6561.) 

§ 105-323. Making up the tax records.—(a) The list takers for their 
respective townships, or such other persons as the commissioners may designate, 
shall make out, on forms approved by the State Board of Assessment, tax records 
which may consist of a scroll designed primarily to show tax valuations and a 
tax bool designed primarily to show the amount of taxes or may consist of one 
record designated to show hoth valuations and taxes. Such records for each town- 
ship shal wyided into four parts: 

(1) (White)individual taxpayers (including lists filed by corporate fiduciarics 
sig hite individual beneficiaries) ; 

(2) Coloreg individual taxpayers (including lists filed by corporate fiduci- 
[ACs for colored individual beneficiaries) ; 

(3) (ndiaup individual taxpayers (including lists filed by corporate fiduciaries 
r Indian individual beneficiaries) ; and 

(4) Corporations, partnerships, business firms and unincorporated associa- 
tions. : 
  

Reports to the State Board of Assessment and 
Local Government Commission, 

§ 106.335. Report of valuation and taxes.——'I'he clerk of the hoard of 
county commissioners, auditor, tax supervisor, tax clerk, county accountant or 
other officer performing such duties shall, at such time as the hoard may pre- 
scribe, return fo the Stale Board of Assessment on forms prescribed by said 
Board an abstract of the real and personal property of the connty, showing the 
number of acres of land and their value, the number of town lots and their value, 
the value of the several classes of livestock, the number of white and negro polls, 
separately, and specify every other subject of taxation and the amount of county 
tax payalle on cach subject and the amount payable on the whole. At the same 
time said clerk, auditor, supervisor or other officer shall return to the State Board 
of Assessment an abstract or list of the poll, county and school taxes payable in 
the county, setting forth separately the tax levied on cach poll and on cach hun- 
dred dollars’ value of real and personal property for each purpose, and also the 
gross amount of every kind levied for county purposes, and such other and fur- 
Hier information as the State Board of Assessment may require. (1939, c. 310, s. 
1300: 1963, ©. 784, s. 2.) 

 



  

SURCHAPTER L. TUE PURLIC SCIHHOOL 
SYSTEM, 

Art. 1. Interpretations, 

§ 115-1. A genaal and uniform system of 
gchools..—A general aad nniforny «tem of public 
schools chal be provided throughont the state, 
wherein tattion «hall be free of clarge to all chii- 
dren of the state between the apes of six and 
twenty-one vears, The length of term of cach 
school shall be as authorized by the provisions of 
the School Machinery Act: however, unless the 
term is suspended as provided by § 115-351 the 
term shall not be less than cight months or one 
hundred and sixty days. 

Every man or woman twentv-one years of age 
or over who has not completed a standard high 
school course of study, or who desires tn study the 
vocational subjects taught in such school, shall he 
given equal privileges with every other student in 
school. (1923, c. 136, 5, 1; 1930, ¢, 458, s. 1: C. S. 
53831.) 

§ _116-2._Scparation of races. — The children.qf 
the white race Sand the children of thé colored 

race 3mitt—t7 Taught in separate public schools, 
rr ee ee son 

but there shall be no discrimination_ _in—f; ; 
or to the prejudice of cither race” All white chil 
dren shall be taught int the publics i T 
vided for tig white race, >, nf all colored ai 
shall e_tapght 3 The Tihlic schoBtT provi 
th€ colored race: ht no child with negro Mined 
or Rite Sharer known as Croatan Indin 
hi od, in his veins, shall attend a school Tor ihe 

CO no such child shall be considered 
white child The descendants of the Croatan 

Inde now living in Robeson, Sampson, and 
Richmond counties, shall have separate schools 
for their children. (1923, c. 136, 5. 1: C. S. 3384) 

   

   

§ 115-3. Schools provided for both races; taxes. 

—When the school officials are providing schools 
for onc i shall be a misdemeanor for the 

officials to Tail to provide schools for the other 
races, and it shall be illegal to Jovy taxes on the 
property and polls of Qne race ce for schools in A 

district without levying it on all _Lroperty and 
polls for_all races within 1 said aid_district. {ITT 
06, 5 1; Co. SIERY 

§ 118-60. Board shall provide schools for. Indi- 
ang in certain countica—-11 shall he he duty Nf 
the county heard ni Ldueation to previde se arate 
schools fof Indians As follows: 

  

The persons residing in Robeson and Rich- 
mond counties, snpposed to be descendants of 
friendly tribe once residing in the eastern portior 
of the state, known as Croatan Indians, and i 
have heretofore been known as “Croatan Indi- 
ans,” or “Indians of Robeson County,” and 
their descendants, shall be known and designated 
as the “Cherokee Indians of Robeson Conny”; 
and dhe persons residing in Person county Qe 
posed to be descendants of a friendly tribe of 
Indians and "White's Tost Colony,” once resid. 
ing in the eastern portion of this state, and 
known as “Cubans,” and their descendants, shall 

be known and designated as the “Indians of 
Person County.” 

The Indians mentioned above aad their de- 
scendants shall have separate schools for their 
children, sehanl committees of their wn race and 
color, and shat he aBowed 10 ered? trachers of 

their dwn vhiobo, “udnest bie the Same riles and 

cinlations as an’ Spblicabie lo all tcachers 
he general school Bay and there 3hall be ex 
CEST Trot eh sVpadate sehihols all children of 
he negro fice ta the fanrih sreneration. The 
Comnty Superintendent im and for Robeson innit 
shall keep in his office a record of schools for the 
Cherokee Indians of Robeson County, which said 

record shall disclose the operation of such schools, 

separate and apart from the record of the opera- 
tion of schools for the other races. (1923, ¢. 126, 
$. FORE, CY CoB 0445.) 

 



  

Ypres bandh 

bdientieg [oa fense Gronls. 

§ 115-274. Statement of leg izlative policy and purposes. The Gone 
eral Assembly of Novi Garona secocmces and hereby atime that ieee Jeol ep, 

morality, and adherence to fundamental principles of individual freedom and ee 
spousthility are necessary to good covarnment acd the happmess of neni ; 

and further affirms that schools and the ncans of education onsht for cer to tae 
cncouraged. The value and importance of our public schools are Luov a aud ac- 
knowledged by our people. Tt is Tunthier secomnized that one pabdie schon are 
so intimately related to the customs ool feelmes of the people of cavie comma y 
that their effective oper ion ” tne cable oe eept m cotormiiy with canary 

attitudes. Our people need to be evant thot no child will be dosed a a0] 
a achisol with ehildeen of aR hn EE a Ar ra TT TR TREY 
purpose of the State of Nosth Cardi fo snake available | wvder tive coats 

and qualifications set onl mn thi arti fer, cde ation CRPCNSC rants for the phivate 

cducation of any child of ARE nit, Yo ein moths Sate. In wo dean. sg, the 

hope of the General Assembly of North Carolina that ll peoples within au “ate 
shall respect deeply-felt convictions, aul that ont public school syatem hdl fee 

continually strengthened and improved, and sustained by the support of oil oar 
citizens. (1950, x, Sess, 6. 3) 

Editor's Note, — For article on North 

Carolina school legishition, 1956, sce #5 
N.C.1.. Rev. 1 (14506), 

§ 115-275. Who may apply for State prants; when avait | aon. 
sectarian school Qe fned nl ty cirld residing in thic Side Da Tae in 
public school 1s aygjlable, or who in aecinned ta on pe a 

child of ther Ge dan the witches ol his parent + : 1a) 

standings in loco paren iis to such chad, 1 entitled to apply for an cqoeation ev 

perse gi Bid from State funds ap propriate {0 J 1 EH pPrrpose. Such ovanis Jha 

be available only for education in a private nonsectarian hod. aed flee aon 
of a child assigned to a public school attended by a child « i Gao 2 hod 
im addition, be available only when at nat. rea: onalde and oe RET NEA 37 cei pein 

such child to a public school not attended by a culd of another or VaR BLE 
poscs of this article, a nonsectirian cchoal is defined as a sehoal CHC ont 

ww not controlled directly or indict by any church or sectainm wy cv he cee 

all EE . ’ 

. f § 115-278. When applications to be approved... Apple ten foray 

education expense grant shall be approved if the hoard of education 10 Sean bp 
plication is made finds that: 

(1) The child for whom application is made resides within the adiaandns 
tive unit; and 

(2) There is no public school available for such child, or wach (Bild pow 

assioned figainst the wishes of iis pivrent Oar oy welian en oof LL t v 

’ standing in loco paresis to Ak child to a nuldie wehool oat oted by 

Hl child of another(race dnd it is not reasonable aad prackicalie foe. 
assign such child hie school not attended by 0 cali of an- 
other race: and 

(3) Such child is enrolled in or has heen aceepted for cninilns nt ma pri- 
vate nonsectarian school, recognized and approved node article 32 
of this chapter. (1956, Ex. Sess, c. 3.) 

§ 116-323. President, executive committee, and other oflicials; 
election, terms, and salaries. “The hoard of diuectors shall organize hy elect - 

ing one of its number president and (three an execetive connpittee, Fhe terms of 

office in each ease shall be for two years, Phe board shidl elect a suponmtendent, 
who shall he ex officio seeretary of the board, and whose term of office shall be 
for three years: also a steward and a physiciin whose terms of otfice shall be for 
two years; amd such officers, agents, and teachers as shall he deemed necessary. 

. 

I'he compensation for officers and anents and teachers, mentioned mm this see- 

tion, shall he fed be hie head onl Batt aa hae irvine not reduced dors 
ye then fern ni RN EW LA g; | bare  RROITEN | H SY | ER Glide i tiy rtrd Aly hendehing = Me's 

vanary, mole unprostne at aed an ee od cod nese gvad thangs whieh sey arty, ny : hd 

be Beneficent pi prand davon sd ad ede gaetosn, od ta this ened pe 
TIRE [16 ARC OIN [YL LI LASSA WES CEA TL BEL EARPET PTR sabi) if elirectors man tenn 

the heat enter of the €. hort roo o Ft deta” andl he chef officer of Hh 
colmed department! JU ol th domed A pint attment.” (1881, Ve © MENTO © 

Corde, 32229 Hes. oon 
22) 

Lp 5. LS, Torr To, 8 5874: 10d, eH, ws | SRLS 

 



  

4 
. . 

. 
. . . § 115-325. Admission of pupils; how admission obtained. ~The . board of directors shall, on application receive in the institution for the prrpose of education, Dg mg cpartinent, all FHT blind children, and in the: depart- 

ment rood INColored Yleal-mntes and hind children, residents of this State 
not of confirmed immorT~tharacter, nor imbecile, nor unsound in mind, Yos ne capacitated by physical infirmity for useful instruction, who are between the ages of seven and twenty-one years: I'rovided, that pupils may be admitted to said institution who are not within the age limits above sct forth, in cases in which the board of dircctors find that the admission of such pupils will be beneficial to them and m cases in which there is sufficient space available for their admission in said institution: Provided, further, that the hoard of directors is authorized to make expenditures, out of any scholarship funds or other funds already available or appropriated, of sums of money for the use of out of State facilities for any student who, because of peculiar conditions of race or disability, cannot be prop- erly educated at the School in Raleigh, (1881, ¢. 211, 5. 5; Code, s. 223135 Rev. 5.4191; 1917, ¢. 35,5. 1; C. S., 5. 5876; 1947, ¢. 375; 1949, c. 507 : 1953 pe 675, s. 14; 1963, c. 448, s. 28.) | 

igh ArvicrLi 41. | ; 
; State Schools for the Deaf. - : 
§°115-336. Incorporation, name and location.-—There li'l he main- tained a school for the Gite Aeaf ciildreir of the State which shall be t corpora- tion under the corporate name of the North Carolina School for the iieif, to be 

located upon the grounds donated foi that purpose near the town of Morganton, The North Carolina Sehool for the Deaf shall be classed and defined as an cduca- tional mstitution: Provided that the board of directors and the superiniendent of said institution are hereby authorized to change the name of aid institution to some other name that will completely eliminate the word “deaf” from the name 
of said institution, (1891, ¢. 399, «. bi Rev., 58,4202; 1915, ¢. 14; C. 8. &. 5508: 1957, & 1433: 1963, c. 448, 5. 28.) A 

§°115-345. Directors) selection, self-perpetuation, management of 
corporation. - M. I. Thornton, Reverend M, C. Ransom, J. W. Levy, J. C. 
Jeffreys, J. FE. Shepard, N. A. Check, Alex Peace and Reverend G. C. Shaw are 
hereby named and appointed as members of the board of directors of said “The 
Central Orphanage of North Carolina.” The Governor of North Carolina shall 
appoint five white citizens of Granville County as members of said board of di- 
rectors, and the thirteen so named shall constitute the board of directors of said 
corporation. Said hoard of directors shall organize by the clection of a presi- 
dent and secretary, shall make all necessary bylaws and regulations. for the con- 
venient and efficient management and control of the affairs of said corporation, 
including the method by which successors to the directors herein named shall be 
chosen. (1927, c. 162, s. 2; 1963, c. 448, 5. 28; 1965, c. 617, s. 2.) 

Editor's Note. == I'he 1065 amendment North Carolinz” for “The Colored JOr- : 

substituted “I'he Central Orphanage of phanage of North Carolina. 

§ 1156-346. Board of trustecs; appropriations; treasurer; board of 
audit.—The five members of said hoard of directors so appointed hy the Gov- 
ernor shall also serve as a board of trustees of said “Tne Central Orphanage of 
North Carolina.” The said board of trustees so appointed shall serve for a term 
of four ycars and until their successors are chosen. All appropriations made by 
the General Assembly to the said ‘““I'he Central Orphanage of North Carolina” 
shall be under the control of the board of trustees, and said appropriations shall 

i be expended under their supervision and direction. The board of trustees shall 
select one of their members as a treasurer of the fund appropriated to the insti- 
tution by the General Assembly and also not ‘more than two persons to act as a 
board to audit the expenditure of such appropriation. The treasurer shall reccive 
a salary of onc hundred dollars per year for his services and members of the 
board of audit a salary. not to exceed one hundred and fifty dollars per year. The 
treasurer shall give a bond payable to the State of North Carolina in a surcty 
company in such sum as the board of trustees may require, the annual premium 
to be paid out of the funds of the said Orphanage. (1927, ¢. 162, s. 3; 1963, ¢c. 
448, s. 28; 1965, c. 617, s. 2.) 

Editor's Note. — I'he 1965 amendment North Carolina” for “The Colored pr- 

substituted “I'he Central Orphanage of  phanage of North Carolina.” 

§ 116-347. Training orphans.—The said corporation shall receive, 
train and care for such (colored drphan children -of the State of North Carolina 
as under the rules and q ations of said corporation may be deemed practical 

and expedient, and impart to them such mental, moral and industrial education 
8&8 may fit them for usefulness in life. (1927, ¢. 162, s. 4; 19063, c. 448, s. 28.) 

  

 



  

§ 115-341. Pupils admitted; 

according to such reasonable regulations 

ceive into the school for the purpose 

education.—The board of directors shall, 

as it way prescribe, on application, res 

s of cducation all Ghite deaf children resi- 

dent of the State not of confirmed immoral character, nor mmbecile tor unsound 

in mind or incapacitated by physical mhrnuty for useful instructjaii, who are 

between the ages of six and twenty-one years: I’'rovided, that the br of di- 

rectors may audit students under the ace of six years when, m its juiinent, such 

admission will he for the best interest of the apolicant and the facilities of the 

school permit such admission. Only those who are bona fide citizens Hud /or rest- 

dents of North Carolina shall be eligible to and entitled to receive “free tuition 

and maintenance. The hoard of directors may fix charges and prescribe rules 

wherchy nonresident deaf children may he os 

admission of nonresidents in any way prevent the attendance of any eligible deaf 

child, resident of North Carolina, The hoard shall provide for the instruction of 

admitted, but in no cvent shall the 

all pupils in the branches of study now prescribed by law for the public schools 

of the State and in such other branches as may be of special benefit ‘to the deaf. 

As soon as practicable, the boys shall be instructed and trained in such mechani- 

cal pursuits as may be suited to them, and in practical agriculture and subjects 

relating thereto: and the girls shall be instructcd in sewing, housckeeping, and 

/ 

§ 115-360. Principals allowed.—In all schools 
with fewer than fifty teachers allowed under the 
provisions of this subchapter, the principals shall 
be included in the number of teachers allowed. In 
schools with fifty or more teachers, onc whole 
time principal shall be allowed; that for cach forty 
teachers in addition to the first fifty, one addi- 
tional whole {ime principal, when and if actually 
employed, shall he allowed: Provided, that in the 
allocation of state funds for principals, the salary 
of white principals shall be determined "Hy The 

Cnamher 0 eachers employed in the white 
schools, and the salary of colored principals shall 
be determined hy the number ol colored Teachers 

cmployed in the colored schOOIRTTrovIdCd, Tire 
ther, that where the school of a district are tun- 
der the control of the same district commitice, 
the district principal shall have general supervie 

  

  

  

sion of all the schools juethe district: dele 
further, that where a @/hite=school nd S~<caloredD 

the same dis- 
istpnsnnilittec, and where the principal of the 

(white schooDis called upon by the district commit. 
Torm ccy ide sbtstion-dll connection witly 

the operation of tig colored schoo) such as aiding 
in the employment of te d in the general 

405 ] 

school arc both under the 

  

’ e ew PANIININ/LL LISL SSIs Lees tesate go sess arses 

education of the industrial classes in the several 
pursuits and professions of life. (1907, c¢. 404, ! 
s. 3; C. S. 5807.) | 

§ 116-29. Share in appropriations by congress. | 
—The appropriations made or which may here. 

    

     
be divided hetwee 
tutions in this. srr EF 
ulation to (he colored, 
ceding nation i} 
5808.) . 

Part 3. Woman's College of the University 
of North Carolina, 

§ 116-38. Operation of College for Women at 
Greensboro. — The North Carolina College for 

Women shall from and after March 27, 1931, be 

conducted and operated as a part of the Univer- 

sity of North Carolina. It shall be located at 

Greenshoro, North Carolina, and shall be known 

as the Women's College of the University of 

North Carolina. (1931, ¢. 202, s. 3.) 

§ 116-39, Objects of institution.—"T'he objects 

of the Woman's College of the Uniyergits North 

Carolina shall be to teach younglwhite women 3 

branches of knowledge recognize . Hl 

a liberal education, such as will familiarize them 

with the world’s best thought and achievement 

and prepare them for intelligent and nsceful citi- 

zenship; to make special provision for training in 

the geience and art of teaching, school manage- 

nent, and school supervision; to provide women 

with such training in the arts, sciences, and ins 

dustries as may be conducive to their self-support 

pnd community uscfulnessy to render to the people 

of tha state such ald and encouragement as will 

tend to the dissemination of knowledsze, the fos- 

tering of loyalty and patriotism, and the pro- 

tf] 

      
    

| SOK GRD RAY i SOT awl ldvew. $Vensyvrnalismn 

§ 116-40 Cli. 116. LDUCATIONAL 1 

motion of the general welfare. (1919, ec. 199, s, 2; 

C. S. 5835.) . 

§ 116-40. Admission of students.—The hoard 

of trustees shall make rules and regulations for 

the admission of stadents, but shall not discrim- 

inate against any county mn the THT 01 students 
  

    

Che maintained 
ing to young 
lon and training 

STOO TT ease al appicants cannot be ac- 

commaodated. Fach WARN have represcnta- 

tion in proportion to es_ayhite dchool population, 

if # desires it; and, should any county fail to 

avail itself of its proportional number, the board 

of trustees may recognize applicants from coun- 

‘tics which already have their proportionate rep- 

reséntation. (Rev., s. 4254; 1891, c. 139, s. 4: C, 

S. £836.) 

Art. 3. East Carolina Teachers’ College. 

§ 116-56. Incorporation and corporate powers.— 

The trustees of the Jiast Carolina Teachers’ Col- 

lege, established by an act of the general assembly 

of North Carolina of onc thousand nine hundred 

and seven, and located at Greenville, North Caro- 

fina. shall be and arc hereby constituted a body 

ocorporate by and under the name and style of 

“The Board of Trustces of the Rast Carclina 

Teachers’ College,” and by that name may sue 

and be sued, make contracts, acquire real and per- 

sonal property hy gift, purchase, or devise, and 

excercise such other rights and privileges incident 

to corporations of like character as arc neccessary 

for the proper administration of said college. 

(1907, ¢. 820, ss. 11, 12, 16; 1911, ¢. 159, 8. 1; Ex. 
Sess, 1021, ¢, 27, 8. 1; C. S, 5863.) 

§ 116-567. Object of college.~The college shall 
date forthe pose of jive 

X ch eduea- 
ns shall fit malify them to 

teach in the public schools of North Carolina, 
(1907, ¢, K20, 5, 18; 1011, c, 160, a, 2; C, S. 6HG4,) 

  

        
    

  

      

     

  

  

§ 116-58, Diplomas and certificates—'I'hc hoard 
"of trustees, upon the recommendation of the 

faculty, shall give those students in sald coliego 
“who haye completed the prescribed courng of 
study a diploma of graduation, and shall have the 

  

 



  

Rr  ——— EE 

Art. 5. Pembroke State College for Indians. 

§ 116-79. Incorporation and corporate powers; 

location.—The I’embroke State College for Ine 

dians shall be and remain a state institution for 

educational: purposes, in the county of Robeson, 

under the name and style aforesaid, and by that 

name may have perpetual succession, sue amd be 

“sued, contract and be contracted with; have and 

hold school property, including buildings, lands, 

and all appurtenances thereto, situated in the 

county of Robeson, at any place in that county to - 

be sclected hy the trustees between Bear swamp 

and Lumber river; acquire by purchase, donation, 

or otherwise, real and personal property for the 

purpose of eatablishing and maiptal jgep=sahoal 

af hie nile for-tons ol 9 rc of Cherokee 
i 1 HY) nr 

nl a 

1ifdlans © oberon com 

: : (Rev ¥. Saad) 1887, ¢. 400.41, 0; 1011, cc, 108, 

8s. 1, RB, DIB, mn, 4; 1013, c, 123, 88. 4, 0} 1044, ¢ 333, 

[ B 1; C, S, D843.) ‘ 
” 

TE TL I Ca YT TLE TAN ERT LER LA LLU RAT 

pils to the college for the various CONEressiona’ 

: : : districts of this state as they may deem equitai 

: ¢ and right, having due regard to the {colored Yron 

Art. 7. Negro Agricultural and Technical ati re < Kadri A 
J ulation thereof, (Rev, s. 4226; 1801, TTT, «ol 

College of North Carolina. C. S. 5831.) 

§ 116-92. Establishment and name.—A college § 116-98. Power to receive property, and pro. 

of agricultural and mechanical aris is hereby es- portion of congressional donations.—The hoard 

tablished for the colored race to be located at of trustees is empowered to receive any donation 

some cligible site within this state. Such insti- of property which may be made to the colicge 

tution shall be denominated The Negro Agricul- and shall have power to invest or expend Hie 

tural and Technical College of Nort Arolina. na. same for the benefit of the college; and shail 

Ey RUC TY, 8%. 1, 2; Juin, C207, have power to accept on behalf of this college 

C. S. 5826.) such proportion of the fund granted by the con- 

§ 116-83. Object of college.—The leading object Gress of the United States to the state of North 

of the institution shall be to teach practical ag- Carolina for industrial 2a Torch race, training 

riculture and the mechanic arts and such 2S is apportioned to the colorcd race, Jn accord- 

branches of learning as relate thereto, not ex- ance with the act or acts © 7ress in rela- 

cluding academical and classical instruction. tion thereto. (Rev., s. 4227; 1801, c. 549, ss. &, 

  

  

(Rev., 8. 4222; 1891, c. 549, s. 3; C. S. 5827.) 12; C. 5. 5832.) . 

§ 116-04. Board of trustees; appointment; va- Art. 8. North Carolina College for Negroes. 

cancics; president, — The management and 
§ 116-99. Trustees of the North Carolina Coi- 

lege for, Negroes at Durham.-—"T'here shall be 

twelve (12) trustees for the North Carolina Col- 

lege for Negroes at Durham. Within thirty days 

from March 10, 1025, the Governor shall appoint 

geven (7) members of said board and within six 

months from March 10, 1025, the Governor shall 

appoint five (8) members of said hoard, The 

terms of office of such trustees shall be fous years 

and until successors are appointed and qualified. 

At the time of making such appointments he shall 

designate the members of the present hoard who 

contro! of the college and the care and prescrva- 

tion of all of its property shall be vested in a 

board of trustees, who shall be clected by the 

general assembly, The board of trustees ajnll 

consist of fifteen members, five of whom shall he 

elected at cach regular session of the general as- 

sembly and shall hold office for six years, Any 

vacancy which, for any cause, may occur, shall 

be filled by the governor for the uncxpired tern, 

The board shall annually clect onc of their num- 

ber to be president of the board of trustees. 

Re ae: 1801, €. 540, x. 4; 1890, c. IRD, 8 13 pq yo he succeeded by his appointees, All vacan- 

i ; cies are to he filled by the Governor, The Gover. 

§ 116-05, Mecctings of board; compensation; ex- nor shall transmit to the Senate at the next session 

ecutive board.—The number and times of the of the General Assembly following his appointe 

meeting of the board of trustees shall be fixed by ment the names of the persons appointed by him 

the board, and the trustees shall not receive any for confirmation, The Governor shall have the 

pay or per diem, but only their traveling ex- power to remove &ny member of the board of 

 



  

§ 116-100 

trustees whenever in hig opinion it is to the best 
interest of the state to remove such person, and 
the Governor shall not be required to give any 
rcason for such removal, (1925, c. 306, ss. 9a, 
13, 14.) 

§ 116-100. Graduate courses for negroes; super- 

intendent of Public Instruction as ex-officio mem- 

ber of boards of trustees.-—The hoard of trustees 

of the North Carolina College for Negroes is 
hereby authorized and cmpowered to cstablish 
from time to time such graduate courses in the 

liberal arts ficld as the demand may warrant, and 

the funds of the said North Carolina College for 
Negroes justify. Such courses so established 
must be standard. 

The board of trustees of the North Carolina 
College for Negroes is authorized and CHipow= 
cred To eorabfsiTrpartments of law, pharmacy 
and library science at the above-named institution 

whenever there are applicants desirous of such 
courses, Said hoard of trustees of the North 
‘Carolina College for Negroes may add other pro- 
fessional courses from time to time as the need 

for the same is shown, and the funds of the state _ 
will justify. ‘ 

The board of trustees of the Negro Agri- 
cultural and Technical College at Greenshoro may 
add gradUale amd profcssional  courscs in agri- 
cultural and technical lines as the need for same 

is shown and the funds of the state will justify, 
and establish suitable departments therein. 

In the event there are negroes resident in the 

state properly qualified who can certify that they 
have been duly admitted to any reputable grad- 

uate or professional college and said graduate or 

professional courses are not being offered at the 
North Carolina College for Negroes, then the 

  

  

  

board of trustees of The Worth Carolina College 
  

for Negroes when said c€rHMeAUBIT TAS heen pre- 
sented to them by the president and faculty of 
the North Carolina College for Negroes, may pay 
tuition and other expenses for said student or stu- 
dents at such rccognized college in such amount 
as may be deemed reasonably necessary to 
compensate said resident student for the additional 
expense of attending a graduate or professional 
school outside of North Carolina, and the budget 
commission may upon such presentation reim- 
burse the North Carolina College for Negroes the 
money so advanced. It is further proviacd that 
the student applying for such admission must fur- 
nish proof that he or she has been duly admitted 
to said recognized professional college. In the 
case of agricultural or technical subjects such stu- 

  

dents desiring graduate courses should apply to 
the Agricultural and Fechnical College at Greens- 
boro, North Carolina, The general provisions 
covering students in the liberal arts ficld as stated 
in this section shal! apply. In no event shall there 
be any duplication of courses in the two institu- 
tions, 

Said hoards of trustees are authorized, upon sat- 
isfactory completion of prescribed cotirses, to glve 
appropriate degrees, 

It is further stipulated that the superintendent 
of public instruction for North Carolina shall he’ 
A member ex ofliclo of the hoards of trustees of 
the North Carolina College for Negroes and Ag- 
tleultural®and Technical College at Greenshoro, 
and shall advise with tho boards of trustees of sald 

CIL 116. EDUCATIONAL INSTITUTIONS~NIEGRO COLLEGES § 116-103 

Colleges upon the courses to be offered, and the 

certification of students to other colleges. In case 

of needless duplication of graduate or professional 
courses in cither college, the superintendent of 
public instruction shall be charged with the duty 
of reporting the same to the board of trustees of 

cithwr institution, and the same shall be remedied. 
In case of failure to remedy the same, he shall 

report such failure to the budget burcau which 

will have the power and authority in its judgment 
to withhold any part of the appropriation from 

the institution so offending until said duplication 
is discontinued, 

The hoard of trustees of the North Carolina 
Callgge for Negroes and the trustees of the apg- 

ricultural and Techuical College, in the event that 
the budget of the imstitutions will not permit this 
scction to be carried out on account of lack of 
funds, shall presemt the situation to the assistant 
director of the budget, the governor of North 
Carolina and the council of state; and they are 

herchy empowered to provide such funds as may 
be neccessary to carry out the purposes of the 
same. (1939, c. 65.) 

Art. 8. Negro State Teachers Colleges. 
  

§ 116-101. Power of state board of education to 
. establish.—The state board of education is hcere- 

by cmpowercd to establish normal schools at 
any place it may deem most suitable, cither in 
connection with ene of the colored schools of 
high grade in the state, or otherwise, for teach- 
ing and training young mcn and women of the 

colored race, from the age of fiftcen to twenty- 
five years, for teachers in the common schools of 
the state for the colored race. A preparatory de- 
partment may be established in connection with 
the colored ' normal schools. And such board 
shall have the power to remove or close any of 
the existing state mormal schools for the colored 
race. (Rev. 8. 4180; Code, ss. 2651, 2652; 1881, 
€c.. 01; 141, 8. 5; 2879, C. 54, s88."1,.2; 1816-7, &. 

234, s. 2; 1901, c. 563, s. 1; C. S. 5850.) 

§ 116-102, State board of education to control 
and manage Negro State Teachers Colleges.— 
The state board of education shall have supervi- 
sion, and shall prescribe rules and regulations for 
the control, management, and enlargement of cach 

of the following mormal schools: the Ilizabeth 
City ‘State Teachers College, Elizabeth City; 
Faycttcville State Teachers College, Fayetteville; 
Winston-Salem Teachers College, Winston-Salem. 

The state hoard of education shall make all 
needful rules and regulations concerning the exe 
penditure of funds, the selection of principals, 
teachers, and employees, (1021, c. 61, 8, 8; 1025, 
Cc. 306, s. 9; 1025 (Pr.), c. 170; 1931, ¢. 276, s. 1; 
1030, cc. 178, 253; C. S. 6775.) 

  

§ 116-103. Trustees for Negro State Teachers 
Collegcs.—The Governor shall appoint a board 
of nine trustees for each of the following institu- 
tions: The Elizabeth City State Teachers Col- 
lege, at Llizabetle City; The Fayetteville State 
Meachiers College at Fayetteville; nnd the Wins- 
ton-Salem l'cachers College at Winston-Salem, 
Four trustees for each college shall be appointed 
by the Governor within thirty days after March 
10, 1025; the other five members shall be appointed 
within slx months after March 10, 1028. At the 

[1488] 

 



  

§ 116-109. Admission of pupils; how admission ¢ 

obtained.—I'hc¢ board of directors shall, on appii- 

cation, receive in the mstitution for the : 
   

cducation, {n_the main departinent, a 
  

children, and in the dcp; : rr 

all colored deaf-mutes andNyind childrcy, residents 

of this state, not of co:ifirine moral character, 
nor imbecile, nor unsound in mind, nor incapari- 

tated by physical mfirmity for useful instruction, 
who are between the ages of seven and twemty- 
one ycars: Provided, that aprlication shall he 
made and applicants received at stated times, which 
shall be at the commencement of some scholastic 
year, 

In case of deaf-mutes the following questions 
- shall be answered: 

Name? 
Is the child white or colored? 
When and where was he'born? 
Was he born deaf? 
At what age did he lose his hearing? 
By what disease or accident did he. become 

decaf? : : 
Is the dcafness total or partial? 
Have any attempts been made to remove the 

deafness? 
Is there any ability to articulate or read on the 

lips? 
~ Have any attempts been made to communicate 
instruction? 

Is he laboring under any bodily infirmity? 
Docs he sliow any signs of mental imbecility 

or idiocy? 
Has he had the smallpox qr becn vaccinated? 
Has he had the scarlet fever? =~ - 
Has he had the measles? 
Has he had the mumps? : 
Has he had the whooping-cough? 

480] 

Art. 11, North Carolina School for the 

Deaf at Morganton, 

§ 116-120. Incorporation and lccatiof—T here 
shall be maintained a school for theCuhite Yea 
children of the state which shall be a corporttion 
under the corporate name of The North Carolina 

School for the Deaf, to he located upon the grounds 
donated for that purpose near the town of Mor- 
ganton, The North Carolina schoel for the deaf 
shall he clussed and defined as an educational Ine 
stitution, (Rev, n. 42025 1801, ¢, 300, 8, 1} 1018, €. 
143 C. S. hK88.) : 

. § 116-124. Pupils admitted; education. — The 
hoard of directors shall, according to such reason- 
able regulations as it may prescribe, on applica- 
tion, receipe an school for the purposes of 
cducation QI white Mleaf children -esident of the 
state not of c« nied immoral character, nor fine 
hecile or unsound in mind or incapacitated by 
physical infirmity for uscful instruction, whe are 
hetween the ages of cight and twenty-three years: 
Provided, that the board of directors may admit 
students under the age of cight years when, In its 
judgment, such admission will he for the hest jn- 
terest of the applicant and the facilities of the 
school permit such admission, Only those whe 
have been bona fide citizens of North Carolina 
for a period of two years shall bo eligible to and 
entitled to recelve free tultdon and malntenance. 
The hoard of directors may fix charges and pres 
scribe rules whereby nonresldent deaf children 
may he admitted, but In no event shall the 

     

 



  

ARTICLE 13. 

Colored Orphanage of North Carolina. 
————| eel ny 

§§ 116-138 to 116-142: Transferred to §§ 115-344 to 115-348 by Ses- 
sion Laws 1963, c. 448, s. 28. 

  

ArTicLE 13A. 

Negro Training School for Feebleminded Children, 

§§ 116-142.1 to 116-142.10: Repealed by Session Laws 1963, c. 1184, 
s. 8. ; 

  

- - 

’ 

Art, 14. General Provisions as to Tuition Fees 

in Certain State Institutions. 

§ 116-143. State-supported institutions required 
to charge tuition fces.—The trustees of the Uni- 
versity of North Carolina, including the Univer- 

) sity of North Carolina, the State College of Ag- 
riculturc and JYngincering and the Woman's Col- 
lege of the University of North Carolina, and the 
trustces of the last Carolina Teachers’ College, 
the Western Carolina T'cachers’ College, the Ap- 
palachian State Teachers’ College, the Negro 
Agricultural and Technical College, the Winston- 
Salem T'eachers’ College, the Fayetteville State 
Teachers’ College, the Elizabeth City State Teach- 
crs’ College, the North Carolina College for Ne- 

. gracs and the Pembroke State College for Indians, 
Tc and they are hereby authorized and directed To 
fix the tuition fees for their several state supported 
instidutions, . cach hoard of trustees acting sepa- 
rately for their respective institutions, in such 
amount or. amounts as they may deem best, taking 

into consideration the nature of cach department 
and institution and the cost of cquipment and 
maintaining the same; and are further instructed 
to charge -and collect from cach student, at the 
beginning of cach semester, tuition feces and an 
amount sufficient to pay room rent, servants’ hire 
and other expenses for the term. Indigent cripples 
arc exempt from the provisions of this article. 

In the cvent that said students are unable to 
pay the cost of tuition, as the same may become 
due, in cash, the said scveral hoards of trustees 

arc hereby authorized and empowered, in their 
discretion, to accept the obligation of the student 
or students together with such collateral or se- 

curity as they may deem necessary and proper, 
it beidg the purpose of this article that all stu- 
dents in state institutions of higher learning shall 
be required to pay tuition, and that free tuition 
be and the same is herehy abolished, except such 
students as are physically disabled, and are so 

certified to be by the vocational rehabilitation di- 
[ vision of the state hoard for vocational education, 

“i whe shall be entitled to free tuition in any of the 
L institutions named in this article. (1933, c. 320, 

8. 1; 1939, cc. 178, 2453.) : 
ce —— WB SE tery wep 

: § 116-144. Higher fees from non-residents may 
§ 116-141, Training of orphans~—I'hc said cor- be charged. —I'hc provisions of this article shall 

poration shall receive, train and care for such IR not he construed to prohibit the several boards 
ored orphan children of the State of North Card=" of trustees from charging non-resident students 
fina as under the rules and regulations of said cor= tuition in cxcess of that charged resident students. 

, poration may be deemed practical and expedient, (1933, ¢. 320, 8. 8.) 
eens 

CR
 
a
e
 i.
 

  

 



  

'§ 122-3. Division of territory and patients be- 

" tween Raleigh, Morganton and Goldsboro insti- 

tutions.—The state hospital at Raleigh and the 

state hospital at Morganton shall be exclusively 

for the accommodation, —mmigtenance, care and 

treatment of VE white insancYof the state, and 

the state hospilt yoldshetro shall be exclu- 

sively for the accommodation, maintenance, care 

and treatment of the colored insane, epileptics, 

feebleminded and inchriates of the state. The 

line heretofore aprced upon by the directors of 

the state hospital at Raleigh and the state hash 

at Morganton shall be the line of divi yelwedn 

“the territories of said hospitals, afd white insas 

persons settled in counties east Ohsaid line s all 

be admitted to the state hospital at” Raleigh, 

       

§ 130-125. Approval of housing projects. — No 
housing project proposed by a limited dividend 
housing corporation incorporated under this article 
shall be undertaken, and no building or other 
construction shall be placed under contract or 
started without the approval of the board. No 
housing project shall be approved by the. board 
unfess: 

(2) It shall appear practicable to rent or sell 
the housing accommodations to be created at 
prices not exceeding those prescribed by the 

bay 

contravention of any zoning or building ordinance 
board. No such project shall Seed 7) 

and white insane persons scttled in counties west 

of said line shall he admitlg y the state hos- 

pital at Morganton; cpikehlics shail he admitted 

"as now provided by la White dnebriates shall 

be admitted to the sta Logtrital at Raleigh. : 

(1929, ¢. 265, s. 1; 1933, c. 342, 5. 1; C. S. N 

in effect in the locality in which designated areas 
arc Tocatet—— T BE 
“(bY There shall be submitted to ‘the board a 
financial plan in such form and with such assur 
ances as the board may prescribe td raise the ace 
tual cost of the lands and projected improvements 

    

  

     
         

6153(a).) 

§ 122-5. Cherokee Indians of Robeson count 
and Croatan Indians of oer CoUmes = To 
msanc and incbhriate Cherokee Tits of Robe- 
son county, and all the insane and incbriate 
Croatan Indians of the other counties of the 
state, shall be cared for in the hospital for the 

insanc a. vards MepAzue. and apart 
from t vhite paticnts)in said hospital, and a 

    

by subscriptions to or the sale of the stock, in= 
come debentures and mortgage bonds of such 
corporation. Whenever reference is"made in this 
article to cost of projects or of buildings and im- 
provements in projects, such cost: shall include 
charges for financing and supervision approved 
by the board and carrying charges during con- 
struction required in the project including inter- 

est on borrowed and, where approved by the 
board, on invested capital, 

(c) There shall be such plans of site develop- ! rly : 
such un SE of Robeson county and mens pay a 48 Flow SoRiImity 0 ho 
Croatan Indians of the other counties of the sonable standards of health, sanitation, safcty an 

state shall be cared for and receive the same 
treatment as other patients in said hospital re- 

provisions for light and air, accompanied by 
proper specifications and estimates of cost. Such 

ceive. (1919, c. 211; C. S. 6154.) plans and specifications shall not in any case fall 
below the requirements of the health, sanitation, 

§ 122-6. Epileptics cared for at Raleigh. — safety and housing laws of the state and shall 
Whenever it becomes necessary for any white meet superior requirements if prescribed by local 

person of this state, afilicted with the disease laws and ordinances. 
known, as epilepsy, to be confined or to receive (dD) The corporation agrees to accept a de 
hospital treatment, such person shall be accom- signee of the board of housing as a member of 
modated, maintained, cared for, and treated at the board of directors of said corporation. 
the state hospital at Raleigh. Such cpileptics (c) If required by the board, the corporation 
shall be committed hy the clerks of the superior shall deposit all monies received by it as proceeds 
courts of the several counties to the state hospi. of its mortgage bonds, notes, income debentures, 
tal at Raleigh in the manner now provided by or stock, with a trustee which shall be a banking 
law for the commitment of insane persons to corporation authorized to do business in the 

the scveral hospitals for the insanc; and when state of North Carolina and to perform trust 
stich persons shall be committed it shall be the functions, and such trustee shall receive such 
duty of the superintendent of the state hospital mornics and make payment therefrom for the ac- 

«at Raleigh, and he is required, to receive such quisition of land, the construction of improve- 

persons and care for, maintain, and treat them ments and other items entering into cost of land 
at the hospital at Raleigh, if the superintendent improvements upon presentation of draft, check 
shall find such persons to he afflicted to such ex- or order signed by a proper officer of the corpora- 
tent as properly to become a public charge: Pro- tion, and, if required by the board, countersigned 
vided, that any person so committed who is able by the said board or a person designated by it for 
TR said purpose. Any funds remaining in the cus 

tody «of said trustce after the completion of the 
said project and payment or arrangement in & 

§ 127-.6-lhite x cnrolled separately, manner satisfactory to the board for payment in 
—The (white Jarg colored mjHtia shall he _senye ; full thereof shall be paid to the corporation. 
rately érrofied, amhsh cver be compelled to (1033, ¢. 384, s. 8.) 
serve in the same organization. No organization of 
colored troops shall be permitted where white 

: troops are available, and while pemitted to he or- 4 ganized, colored troops shall he under command of 
white officers. (1017, c. 200, s. 6; C. S. 676.) 

§ 131-124, Medical training for negroes.—The North Carolina Medical Care 
Commission shall makecarefilinyestigation of the methods for providing necessary 
medical training fot negro sudeniand shall report its findings to the next session 
of the General Assembly addition to the benefits provided by § 116-110, the 
North Carolina Medical Care Commission is hereby authorized to make loans to 
negro medical students from the fund provided in § 131-121, subject to such rules, 
regulations, and conditions as the Commission may prescribe, (1945, ¢. 1096.) 

 



  

Eastern Carolina Industrial Training School for Boys. 

§ 134-67. Corporation created; name; powers.—A corporation to be known 
and designated as the Lastern Carolina Industrial Training School for Boys is 
hercby created, and as such corporation and under said name it may sue and be sucd, 
plead and be impleaded, hold, use, and scll and convey real estate, receive gifts and 
donations and appropriations, and do all other things neccessary and requisite for 
the purposes of its organization as hereinafter specified. (1923, c. 254,s. 1; C. S., 
5s. 7362(a).) 

§ 134-68: Repealed by Session Laws 1943, c. 776, s. 15. 

§ 134-69. Establishment and operation of school; boys subject to committal; | 
control; term of detention.—The trustces arc empowered to establish and 
operate a school for the training and moral and industrial development of the 
criminally delinquent (vhito) boys of the State; and when such school has been or- 
ganized the trustees may, in their discretion, receive therein such delinquent and 
criminal boys under the age of twenty ycars as may be sent or committed thereto 
under any order or commitment by the judges of the superior courts, the judges of 
the juvenile courts, or the recorders, or other presiding officers of the city or 
criminal courts, and shall have the sole right and authority to keep, restrain, and 
control them during their minority, or until such time as they shall deem proper for 
their discharge, under proper and humane rules and regulations as may be adopted 
by the trustees. (1923, c. 254, 5s. 3; C. S., s. 7362(c) ; 1937, c. 116.) 

i . 

Morrison Training School. 

§ 134.79. Creation of corporation; name; powers.—A corporation, to be: 
known and designated “I'he Morrison I'raining School,” hereby created, and as 
such corporation it 1s authorized and empowered to accept and use donations and 

ANDO 

4 

appropriations, hold real estate by purchase or gift, and do all other things ncces- 
sary and requisite to be done for the care, discipline and training of negro boys 
which may be received by said corporation. (1921, c. 190, s. 1; C. S., s. 5912(a) ; 
1937, c. 146.) 

oh a VY new wig me mi-y 

§ 134-82. Delinquents committed to institution; cost; age limit.—Delinquent 
oys, wider the age of sixteen years, may be committed to the institution by 

any juvenile, State, or other court having jurisdiction over such boy, but no boy 
shall be sent to the institution until the committing agency has received notice from: 
the superintendent that such person can be received. I'he cost of sending inmates 
shall be paid by the county or municipality sending the same, as the case may be. 
In special cases where the public good would scem to be subserved thereby the 
board shall have the right, upon the request of any court of proper jurisdiction, to 
receive an innate above the age of sixteen, but this shall be a matter wholly within 
the discretion of the board. When any commitment to the institution is made, it 
shall not be fcr any specified time, but may continue or terminate at the discretion 
of the board, not to exceed the age of majority of the inmate. (1921, c. 190, s. 4; 
CS <e 8912(d).) 

\ 

State Training School for Negro Girls, 
fi 184 B40. Urenllon and nme, An idstitution, to be known ned ee 

. : a ‘I. yt » . 0 a“ . . a 

mated as State raining School WS 15 hereby created, amd such institg- 
tion 1s authorized and empowered (7TCept and use donations and appropriations 

) an | ) . 

§ 134-84.4. Operation ot mmsutution betore permanent quarters established. 
—1In order to provide for the operation of the said institution prior to the time that 
permanent quitters can he established, the board of dirctors, with the approval of 
the Governor and Council of State, is authorized and empowered to enter into 
an agreement with any other State institution or agency for the temporary uses of 
any State-owned property which such other State institution or agency may be able 
and willing to divert for the time being from its original purpose; and any other 
State institution or agency, which may be ort of rcal estate suitable for 

cgro the purpose of the State Training School for irls and which is not occupied 
or needed by said institution or agency, is hereby authorized to turn such real estate 

over to the directors of the State T'raining School for Negro Girls upon such terms 
as may be mutually agreed upon. (1943, c. 381, s. 4.) 

 



  

§ 134-84.7. Committal and delivery of girls to institution; no inmate detained after becoming of age.—AnyQegro irl under the age of sixteen years, who may come or be brought before any juvenile court of the State or other court of competent jurisdiction, and may be found by such court to he in need of institutional training, may be committed by such court to the institution for an indefinite period; Provided, that such person is not insane or mentally or physically incapable of being substantially benefited by the discipline of the institution: Provided, further, that before committing such person to the institution, the court shall ascertain whether the institution is in a position to care for such person; and that it shall he at all times within the discretion of the board of directors as to whether the board will receive any person into the institution. No commitment shall be for any definite term, but any person so committed may be conditionally released or dis- charged by the board of directors at any time after commitment, but in no case shall any inmate be detained in the institution for a period longer than such time at which she may attain the age of twenty-one years. It shall be the duty of the county authorities of the county from which any girl is sent to the institution or the city 
authoritics, if any is ordered to be sent to the institution by any city court, to sce that such girl is safely and duly delivered to the institution, and to pay all the cx- penscs incident to her conveyance and delivery to the institution. (1943, c. 381, 

§ 134-84.9. Contract to care for certain girls within federal jurisdiction. The board of directors shall have power and they are hereby authorized, shall it be deemed necessary, to enter into a contract with the office of the United States At- torney General or. such necessary federal agency, to keep, restrain, control, care, and train an girl under the age of sixteen years, being a citizen of the State of North Carolina, who may come within the jurisdiction of the several federal 

Conditional Release and I'inal Discharge of Inmates of Certain Training 
and Industrial Schools. 

§ 134.85. Conditional release.—'I'he superintendent of the State Tome and Industrial School for Girls, of the Stonewall Jackson Manual Training and In- 
dustrial School, of the Fastern Caroling Industrial Training School for Boys, and 
of the Morrison ‘I'raining School Wem Joys, shall have power to grant a con- ditional release to any inmate of the institution over which such superintendent pre- 
sides, under rules adopted by the hoard of trustees or managers of such institution, 
and such conditional release may be terminated at any time hy the written revoca- tion of such superintendent, which written revocation shall be sufficient authority for any officer of the school or any peace officer to apprehend any inmate named in 
such written revocation, in any county of the State, and to return such jnmate to the institution from which he or she was conditionally released. Such conditional re- 
lease shall in no way affect any suspended sentence, a condition of which is that the 
inmate be admitted to and remain at such institution.” (1937, €. 145, 5, 1.) 

Editor's tewewTho Morrison Training 79 and 134-91, : 
School for (Negro Bovs)is now known as Cited in Tn re Burnett, 225 N, C. 646, : r the Morrison” I'raining School. Scec §§ 134- 36 S. E. (2d) 75 (1045). 

§ 134.86. Final discharge.—Final discharge of any inmate of any institution 
enumerated in § 134-85 may be granted by the superintendent of such institution, 
under rules adopted by the hoard of directors or managers, at any time after such: 
inmate has been admitted to the institution : Provided, however, that final discharge 
must he granted before such inmate arrives at his or her twenty-first birthday, 
(1937, c. 145, s. 2.) 

L3 

ArTiciy 8. 

Care of Persons under Federal Jurisdiction. 
§ 134.87. Certain correctional institutions to make contracts with federal 

agencies for the care of persons under federal jurisdiction.—'T'he governing 
ards of the Stonewall Jackson Manual T'raming and Tndustrial School, Morrison 
Training School fo Near Boys, Iastern Carolina Training School, the State 
Flome and Industrial School for Girls, and the State Industrial Farm Colony for 
Women may contract with the office of the United States Attorney General, the 
Burcau of Prisons of the United States Department of Justice, or such necessary 
federal agency for the care, keeping, correction, training, education, and supervision 
of delinquent children or other persons under the jurisdiction, custody, or care of 
the federal courts or of the said office of the United States Attorney General, the 
Burcau of I’risons of the United States Department of Justice, or such necessary 

~ federal agency, as authorized by the terms of the Federal Juvenile Delinquency Act of onc thousand nine hundred thirty-cight, and may receive, accept, hold, train, and supervise such persons as may be received from said courts or department under the rules and regulations of the several and respective institutions as prescribed or as may hereafter be established by the said governing boards, provided, however that such contracts or subsequently established rules of care, procedure, and train- ing, of those committed to said institutions, first shall have been approved by the State Board of 1'ublic Welfare. (1939, c. 166, s. 1.) 

EE 

 



  

   
   

-y de EA LR IN J ~ 

: § 134.91. Powers and duties of the State Board ~f Juvenile Correction.— 
I'he following institutions, schools and agencies «7 «ely, the Stonewall 
Jackson Manual Training and Induce : ~ and Industrial 
School for Girls, Dobb's [farms, the Paster Carolina industrial Training _Schag 
for Boys, the Morrison Training School, and the State Training School fof Negro 
Girls, together with all such other correctional State institutions, schools or agcncres 
of a similar nature, established and maintained for the correction, discipline or train- 
ing of delinquent minors, now existing or hereafter created, shall he under the 
management and administrative control of the State Board of Juvenile Correction. 

Wherever in §§ 134-1 to 134-48, inclusive, or in §§ 134-67 to 134-89, inclusive, 
or in any other laws of this State, the words “board of directors,” “board of 
trustees,” “board of managers,” “directors,” “trustees,” “managers,” or “board” 
arc used with reference to the governing body or bodies of the institutions, schools 
or agencies enumerated in § 134-90, the same shall mean the State Board of Juvenile 
Correction provided for in § 134-90, and it shall be construed that the State Board 
of Juvenile Correction shall succeed to, exercise and perform all the powers con- 
ferred and duties imposcd heretofore upon the separate boards of directors, trustees 
or managers of the scveral institutions, schools or agencies hercin mentioned, and 
said powers and duties shall be exercised and performed as to cach of the institu- 
tions by the State Board of Juvenile Correction hercin provided for. The said 
Board shall be responsible for the management of the said institutions, schools or 
agencies and the disbursement of appropriations made for the maintenance and 
permanent enlargement and repairs of the said institutions, schools or agencies sub- 
ject to the provisions of the Iixecutive Budget Act, and said Board shall make report 
to the Governor annually, and oftener if called for by him, of the condition of cach 
of the schools, institutions or agencies under its management and control, and shall 
make bicnnial reports to the Governor, to be transmitted by him to the General 
Assembly, of all moneys received and disbursed by each of said schools, institutions 
or agencies, 

The State Board of Juvenile Correction shall have full management and con- 
trol of the institutions, schools and agencies named in this article, and shall have 
power to administer these institutions, schools and agencies in the manner deemed 
best for the interest of delinquent hoys and girls of all races. Suailar provisions shall 
be made for white and negro children in separate schools. Indian ghildrgn-shal] be 
ov r in a manncr comparable to that afforded chil of the white 4nd 

5 0 

  

      
  

   1cgro races.) Individual students may be transferred from one institution, school 
o another, but this authority to transfer individual students does not 

authorize the consolidation or abandonment of ary institution, school or agency. 
The Board of Juvenile Correction, subject to the approval of the Governor and the 
Advisory Budget Commission, is authorized to transfer the entire population at 
‘Dobb’s Farms to the State ITome and Industrial School for Girls and to utilize the 
present facilities at Dobb's I'arms as a training school for negro girls. 

The State Board of Juvenile Correction is hereby vested with administrative 
powers over the schools, institutions and agencies sct forth in this article, together 
with all lands, buildings, improvements, and other properties appertaining thereto, 
and the Board is authorized and empowered to do all things necessary in connection 
therewith for the care, supervision and training of boys and girls of all races who 
may be received at any of such scliools, institutions or agencies. (1947, c. 226; 1963, 

» 

§ 148-44. Scgregation as to race, scx and age. 
—The commissien—stmti-—provide_ separate sleeping 
quariers=and Ceprate cating spgce for the differ- 
os race and the~diflcrent. sees; and, in so far 
as yt~ts-practical to do 50, shall pravide for youth- 

FC ome. 

153-201. Organization meeting; purchase of site; equipment; scparation 
aces nd sexes.— I'he board of trustees shall, as soon as possible, and not 

later than sixty days after appointment, meet and organize by electing a chairman 
and sccretary. They shall proceed promptly with the purchase of a farm of suitable 
size, location and fertility, giving duc consideration to sanitary surroundings and 
transportation facilities. They shall provide for the necessary stock, tools, and farm 
cquipment, and shall cause to be erected suitable buildings for the housing, detention 
and keeping the prisoners assizned to said district farm, due regard being given to the 
separation of the sexes andracesynd such other plans for segregation as their judg- 
ment and existing conditions may suggest. (1931, c. 142, s. 3.) 

§ 1563-51, Jail to have Ave apartments.—The 

common jails of the several counties shall be pro- 

vided with at least five scparate angd—¥nit:aTite 

apartments, onc for the corlincaiont of Gyhite maic) 
_crinsinali for @hite female rrijpwnads; ont 

the colored maly criminals: <{or colored fens 

bon WRAY and4ne for other ta 

1336; Code, s. 783; R. C,, c. 30, s. 2; 1795, °C. 433, 

s. 4; 1816, c. 011; C. S. 1318.) [||59ffc67d-088f-444c-ab9d-7c990c61a4d0||]