Board of Education v. Board of Commissioners
Supreme Court of North Carolina
This was a civil action, heard before Winston, J., at the Fall' Term,.1892, of Bladen Superior Court, upon complaint ,and answer. The object of this action,-brought by the County Board of .Education, was by mandamus to compel the Board of County -Commissioners of Bladen County to levy a tax beyond the constitutional limitation of Article V., section 1, in order to keep the public schools open for four months, as prescribed ■by Article IX., section 3 of the Constitution.
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This was a civil action, heard before Winston, J., at the Fall' Term,.1892, of Bladen Superior Court, upon complaint ,and answer. The object of this action,-brought by the County Board of .Education, was by mandamus to compel the Board of County -Commissioners of Bladen County to levy a tax beyond the constitutional limitation of Article V., section 1, in order to keep the public schools open for four months, as prescribed ■by Article IX., section 3 of the Constitution. The Court upon -this point gave judgment against the Board of Education, ;and they appealed to the Supreme Court.
1Opinion of the Court
MacRae, J.:
The questions presented for our consideration are precisely the same as those which are determined in the case of Barksdale v. Commissioners, 93 N. C, 472, wherein it was held that while it is the duty of the County Commissioners, under Article IX., section 3 of the Constitution of North Carolina, to keep the public schools open for at least four months every year, yet, in discharging this duty, they cannot disregard the limitations imposed by Article V., section 1, as to the amount of tax to be levied; and that section 23 of chapter 174 of the Laws of 1885, which requires the…
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