City of Gastonia v. Citizens National Bank
Supreme Court of North Carolina
Appeal by defendant from Adams, Jat April Term, 1914, of GASTON. Controversy without action. The purpose of this xoroeeeding is to determine the constitutionality of, and to construe an act of the General Assembly, chapter 18Q, Private Laws 1913, which reads as follows : AN Act to Authorize the Board of Aldermen oe the City of Gastonia to Issue Bonds, in an Amount Not Exceeding $100,000, for Street, Sidewale, and Highway Improvements, Graded Schools, Waterworks, Sewerage,…
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Appeal by defendant from Adams, Jat April Term, 1914, of GASTON. Controversy without action. The purpose of this xoroeeeding is to determine the constitutionality of, and to construe an act of the General Assembly, chapter 18Q, Private Laws 1913, which reads as follows : AN Act to Authorize the Board of Aldermen oe the City of Gastonia to Issue Bonds, in an Amount Not Exceeding $100,000, for Street, Sidewale, and Highway Improvements, Graded Schools, Waterworks, Sewerage, and Electric Lights. The General Assembly of North Carolina do enact: Section 1. That for the purpose of grading, paving,…
1Opinion of the CourtBbowN, J.
It is well settled by the decisions of this Court that schools and school buildings are not necessary expenses of a municipal corporation. Our school system is founded in the Constitution, and is largely governed and regulated by laws applicable to the entire State. This subject is fully discussed in Hollowell v. Borden, 148 N. C., 256, and cases there cited.
It is plain, therefore, that so much of the act as authorizes the issue of bonds for “erecting new graded school buildings” is invalid, as the act fails'to-require a submission, to the qualified voters. But that does not necessarily make…
2Cases cited5 opinions
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- Town of Lumberton v. John Nuveen & Co.Supreme Court of North Carolina · 1907
- Jones v. City of New BernSupreme Court of North Carolina · 1910
- Red Springs Hotel Co. v. Town of Red SpringsSupreme Court of North Carolina · 1911
- Tyson v. City of SalisburySupreme Court of North Carolina · 1909
3Cited by16 opinions
- Coggins v. City of AshevilleSupreme Court of North Carolina · 1971
- Frazier v. Board of CommissionersSupreme Court of North Carolina · 1927
- Storm v. Town of Wrightsville BeachSupreme Court of North Carolina · 1925
- Spitzer v. . Comrs.Supreme Court of North Carolina · 1924
- Sidney Spitzer & Co. v. Commissioners of Franklin CountySupreme Court of North Carolina · 1924
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