Legal Opinion

Board of Education v. Commissioners of Bladen

Supreme Court of North Carolina

Decided September 5, 1893PublishedCited by 7 opinions

His Honor Winston, J., before when the case was heard at Fall Term, 1892, of BladeN ¡Superior Court, rendered an elaborate and well considered opinion, and in conclusion adjudged as follows: “That the Commissioners of Bladen did not legally divide and appropriate the poll-tax for the years mentioned.

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His Honor Winston, J., before when the case was heard at Fall Term, 1892, of BladeN ¡Superior Court, rendered an elaborate and well considered opinion, and in conclusion adjudged as follows: “That the Commissioners of Bladen did not legally divide and appropriate the poll-tax for the years mentioned. Under the Revenue Act of 1891, chapter 323 of Laws of 1891, forty-five cents of the poll-tax is set apart for the purposes of education irrespective of the constitutional application, but not in antagonism to the same. This amount deducted from the tax levied on each poll in Bladen County will…

1Opinion of the Court

Avery, J.:

Under the provisions of section 2, chapter 323, Laws of 1891, a capitation tax of seventy-five cents was levied on every male person not exempt as therein declared, to, be devoted to the purposes of education and the support of the poor, as may be prescribed by law, not inconsistent with the apportionment established by section 2, Article V of the Constitution of the State. This levy was made, as expressly stated, in contemplation of the statute (section 17, chapter 198, Laws of 1889), which devotes nine cents of the proceeds arising from the tax on each poll, together with three…

2Cases cited8 opinions

  1. Hill v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1875
  2. Commissioners of Dare County v. Commissioners of Currituck CountySupreme Court of North Carolina · 1886
  3. People v. StockingNew York Supreme Court · 1866
  4. University R.R. Co. v. . W. W. HoldenSupreme Court of North Carolina · 1869
  5. Long v. Commissioners of Richmond CountySupreme Court of North Carolina · 1877

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3Cited by7 opinions

  1. Hinton v. . State TreasurerSupreme Court of North Carolina · 1927
  2. State ex rel. Mills v. American Surety Co.Idaho Supreme Court · 1914
  3. Board of Education v. Commissioners.Supreme Court of North Carolina · 1904
  4. Norfolk Southern Railroad v. ForbesSupreme Court of North Carolina · 1924
  5. Ramsey v. RollinsSupreme Court of North Carolina · 1957

2 more not listed; retrieve them via the Exa API.

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