1945 session laws – Ch. 459 Sec. 10

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CHAPTER 459 AN ACT PROVIDING FOR THE ESTABLISHMENT OF AN INSTITUTION FOR THE CARE OF FEEBLE MINDED NEGRO CHILDREN IN NORTH CAROLINA. WHEREAS, pursuant to a joint resolution of the General Assembly of one thousand nine hundred and forty-three, the Governor appointed a commission composed of Honorable Thomas OBerry, Chairman, Honorable K. A. Pittman, Honorable W. Frank Taylor, Honorable Robert P. Burns, and Honorable Charles F. Honeycutt, to inquire into the conditions, care, treat- ment, and training of the negro feeble minded in the Goldsboro State Hospital for the Insane, and other similar institutions of the State, with the view of ,recommending a program for the care and training of the feeble minded negro children, to the end that they might be placed under the supervision of people skilled in giving the right kind of care and treatment to such children, and investigate the advisability and possibility of se- curing additional facilities for institutional care and treatment of such children; and WHEREAS, the said committee, after having fully complied with the intent of said resolution, has made its report to the Governor, revealing that there are some one thousand feeble | minded negro children in the State in need of hespital care or training, and recommending that a suitable hospital for the treatment of such children be built near the site and in con- junction with the State Hospital for Negroes at Goldsboro, sufficient to take care of at least six hundred patients, reference to which re port is hereby made for more detailed recommen- dations; and WHEREAS, it is the desire of the General Assembly of North Carolina that the recommendations of said committee be sub- stantially complied with as early as feasible: Now, therefore, The General Assembly of North Carolina do enact:

For the protection of the pupils residing in the school, it shall be unlawful: (a) For any person to advise, or solicit, or to offer to advise or solicit, any inmate of said school to escape therefrom; (b) For any person to transport, or to offer to transport, in automobile or other conveyance any inmate of said school to or from any place: Provided, this shall not apply to the superintendent and teachers of said school, or to employees or any other person acting under the superintendent and teachers thereof; (c) For any person to engage in, or to offer to engage in, prostitution with any inmate of said school; (d) For any person to receive, or to offer to receive, any inmate of said school into any place, structure, building or conveyance for the purpose of prostitution, or to solicit any inmate of said school to engage in prostitution; (e) For any person to conceal an escaped inmate of said school, or to furnish clothing to an escaped inmate thereof to enable him or her to conceal his or her identity. The term inmate as used in this section shall be construed to include any and all boys and girls, committed to, or received into, said Negro Training School for Feeble Minded Children under the provisions of the law made and provided for the receiving and committing of persons to said school; and the term prostitution shall be construed to include the offering or receiving of the body for sexual intercourse. Any person who shall knowingly and wilfully violate Subsections (a) and (b) of this section shall be guilty of a misdemeanor, and shall be fined or imprisoned, or both fined and imprisoned, in the discretion of the court; that any person who shall knowingly and wilfully violate Subsections (c), (d) and (e) of this section shall be guilty of a felony, and shall be fined or imprisoned, or both fined and imprisoned, in the discretion of the court.

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