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.
Read the full summary
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.
1DissentAvery, J.
Entertaining the most profound respect for the views of my brethren, I feel, nevertheless, constrained to give expression to the reasons that have impelled me to the conclusion that a most important provision of the organic law has been misconstrued, and the will of the people, as embodied therein, has been thwarted by restricting the right of the Legislature to delegate to the counties the power to levy tax for the maintenance of public schools. If the Court has fallen into error, it is a misconception that vitally concerns the public welfare. In the face of this constitutional inhibition…
2Cases cited12 opinions
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- People v. ColemanCalifornia Supreme Court · 1854
- Commissioners of Dare County v. Commissioners of Currituck CountySupreme Court of North Carolina · 1886
- Long v. . WalkerSupreme Court of North Carolina · 1890
- University R.R. Co. v. . W. W. HoldenSupreme Court of North Carolina · 1869
7 more not listed; retrieve them via the Exa API.