1945 session laws – Ch. 817 Sec. 3

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CHAPTER 817 AN ACT RELATING TO THE CHEROKEE INDIANS OF ROBESON COUNTY AND PEMBROKE STATE COL- LEGE FOR INDIANS LOCATED AT PEMBROKE, NORTH CAROLINA. The General Assembly of North Carolina do enact:

That Article five, Section one hundred and sixteen eighty-five of the General Statutes of North Carolina, one thousand nine hundred and forty-three, be and the same is hereby amended, repealed, and reenacted so as to read hereafter as follows: That in order to protect and promote and preserve for the education of all persons who are now and may hereafter be entitled to admission into the Pembroke State College for Indians, there shall be a committee composed of Indians, residents of Robeson County, as provided in Chapter one hundred ninetyfive, Public Laws of North Carolina, one thousand nine hundred and twenty-nine, and all questions affecting the race of those applying for admission into the Pembroke State College for Indians, shall be referred to said committee, who shall have original and exclusive jurisdiction to hear and determine all questions affecting the race of any person, or persons, applying for admission into, or attending, the Pembroke State College for Indians, located at Pembroke, North Carolina. An appeal shall lie from the action of said committee to the Superior Court of Robeson County, and such appeal shall be taken and perfected only in the following manner: A notice of appeal shall be given either at the time of the announcement of the action of the committee by parole, or at any time within fifteen -15 days from the time of the announcement of the action of the committee, by written notice, which shall state that the appellant does, in good faith, intend to appeal therefrom to the Superior Court of Robeson County, and said written notice must be served upon the chairman of said committee, or the secretary thereof, or upon two members of said committee. The appellant shall, also, at the time of the service of said notice, pay to the person upon whom the same is served, or to the secretary of the said committee if the notice is given by parole at the time of the announcement of the action of the committee, the sum of one dollar ($1.00) which sum shall be paid to the Secretary of the said Indian Committee. The Secretary of the said Indian Committee shall certify thereupon the proceedings with reference to the matter appealed from as a return to the notice of appeal, and the said written notice so served, or a statement thereof, in case the same is given by parole, and the certified record of the proceedings had by the said committee, and their action thereon, shall be filed by the appellant in the office of the Clerk of the Superior Court of Robeson County and shall be docketed on the Civil Issue Docket of the Superior Court of Robeson County in all respects and under such rules and limitations as now apply to appeals from justices of the peace, to the superior court. The record certified from said committee shall state fully the contentions of those favoring the admission to the Pembroke State College for Indians and the said cause shall be tried in the superior court, as herein provided, upon the issues raised upon said contentions and shall be tried in said superior court upon the issues raised upon these stated contentions and the action of the said committee. That the said Indian Committee, through its chairman or secretary, shall have the same power to subpoena witnesses and compel their attendance as provided under the law relating to references. That the said Indian Committee is now composed of M. L. Lowry, Burleigh Lowry, J. B. Oxendine, William Wilkins, George Locklear, Dawley Maynor, and Wiley Thompson, and the said members of the said committee shall serve until their successors are appointed in the following manner: Whenever a vacancy on said committee shall occur by death, resignation, or otherwise, the remaining members of said committee shall appoint a member of the Indian race, who is a resident of Robeson County, to fill such vacancy. The qualifications for admission to the Pembroke State College for Indians shall hereafter be as follows: (a) Persons of the race of Cherokee Indians of Robeson County, who are descendants of those that were determined to constitute those who were within the terms and contemplation of Chapter fifty-one, Laws one thousand eight hundred and eightyfive, and within the census taken pursuant thereto by the County Board of Education of Robeson County, of either sex, resident in North Carolina, who are not under thirteen years of age. (b) Persons who are Indians who are duly accredited members of any tribe of Indians whose Indian status is recognized and accepted by the Bureau of Indian Affairs in the Department of the Interior of the United States of America. All such persons as may be found to be withimthe classification specified in Subsections (a) and (b) herein, may attend the Pembroke State College for Indians located at Pembroke, North Carolina, for the education of the Indian race only, and no others shall be admitted to said college. 5 That the said Indian Committee, as heretofore constituted, and as herein provided, shall observe strictly the provisions herein set out as to racial qualifications of all persons who desire to enter Pembroke State College for Indians, at Pembroke, North Carolina, which is for the education of the Indian race only; and, in case there is any matter brought to their attention, in which the racial qualifications of any person who desires to enter, or who has already entered the said Pembroke State College for Indians is brought in question, the said committee shall require all those who seek to enter themselves, or to promote the entrance of such persons in said college, to prove and to establish to the satisfaction of the said committee that such persons who desire to enter are within the qualifications herein set out and are entitled to enter the said college and, unless the said committee shall be fully satisfied that such applicants are thus qualified, they shall enter upon their minutes an order refusing such admission and if they are so satisfied as to such persons racial qualifications, they shall enter an order admitting such persons. No order admitting an applicant shall be held or construed to be a judgment constituting res adjudicata, and no rights shall flow therefrom that will interfere with the reopening of such order at any time by the said committee upon its own motion, or at the instance of others. That when an appeal is entered and prosecuted in the superior court from an order denying an admission to said college by said committee, the burden of proof shall be upon the applicants to prove and to establish (a) to the full satisfaction of the presiding judge that the evidence on behalf of the applicants, if believed, fully establishes their rights to admission under the terms of this Act; and (b) to the full satisfaction of the judge that the evidence offered on behalf of the applicant is credible, and if the presiding judge shall be fully satisfied of these requirements, then he shall submit the issues arising upon said appeal to the jury, and the burden of proof, shall be upon the applicants throughout the said trial to establish to the full satisfaction of the jury that those who seek to enter the said college come within and have all the racial qualifications as set out herein, and unless the jury shall so find, they shall return a verdict against the applicants; and it shall be the duty of the presiding judge so to instruct the jury, whether requested so to do, or not. In case the presiding judge is not satisfied that the evidence on behalf of the applicants meets the requirements above set out, to the courts satisfaction, the said cause shall not be submitted to the jury, but said appeal shall be dismissed, and upon such dismissal the court shall enter a judgment denying the admission of such applicants to said college. That whenever the said committee, or the court upon appeal, shall decide that any person, or persons are not entitled to admission into said college, then it shall not be lawful for any teacher, or any other person in authority at said college, to admit such person, or persons, to the said college. That whenever the said committee shall decide that any person, or persons are not entitled to admission into said college, the said committee shall, in writing, at once notify the chairman. of the board of trustees, or principal, or president of said college, by whatever name called, and after the receipt of such notice, such person, or persons, so denied admission shall be and remain ineligible for admission therein until said decision shall be reversed, either by the said committee or the Superior Court of Robeson County, or the Supreme Court on appeal, and shall not thereafter be admitted unless and until notice of such reversal is received. That any reference in the laws of this State, either in Public, Public-Local, or Private Acts, to other persons than those specified in Subsection (a) and (b) herein, that prescribe qualifications for admission into said college, shall not be evidence in any hearing before the said Indian Committee, or the superior court on appeal, and the issues in such trials, including any appeal to the Supreme Court, shall be and remain a question of fact, or an issue of fact solely, and the said committee and the said courts, shall determine whether the appeals for admission to said college come within the factual requirements of said Subsection (a) and (b) herein, and such references in other laws pertaining to other persons, shall not be competent evidence in any of said hearings, or trials.

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