North Carolina Jim Crow Laws

That the Mayor and Board of Commissioners of the Town of Windsor be and they are hereby empowered to sell at private sale to the Windsor Fire Department a lot purchased from the Windsor Fire Department situate on the South side of Granville Street, adjoining the Clyde Jordan lot, the colored Methodist Church lot and others at the price of fifteen hundred dollars ($1500.00). 1306

Out of the gross profits derived from the operation of said Alcoholic Beverage Control Stores and after the payment of all costs and operating expenses and after retaining sufficient and proper working capital, the amount thereof to be determined by the City of Southport Board of Alcoholic Control, said board shall further expend an amount as necessary for law enforcement purposes of not less than five per cent -5% nor more than ten per cent -10% thereof, to be determined by quarterly audit, which amount shall supplement and not supplant the amount usually budgeted for such purposes by the City of Southport. In the expenditure of 788 said funds, the City Board of Alcoholic Control shall employ one or more persons as law enforcement officer or officers to be appointed by and directly responsible to the said board. The person or persons so appointed shall, after taking the oath prescribed by law for peace officers, have the same powers and authorities within Brunswick County as other peace officers. And any such person or persons so appointed, or any other peace officer while in hot pursuit of anyone found to be violating the prohibition laws of this State, shall have the right to go into any other county of the State and arrest such defendant therein so long as such hot pursuit of such person shall continue, and the common law of hot pursuit shall be applicable to said offenses and such officer or officers. Any law enforcement officer appointed by the said Board of Alcoholic Control and any other peace officer are hereby authorized, upon request of the sheriff or other lawful officer in any other county, to go into such other county and assist in suppressing a violation of the prohibition laws therein, and while so acting, shall have such powers as a peace officer as are granted to him in Brunswick County and be entitled to all the protection provided for said officer while acting in his own county. Out of the net profits derived from the operation of said Alcoholic Beverage Control Stores, the City of Southport Board of Alcoholic Control shall, on a quarterly basis, pay over to the following named governing bodies, departments, boards, and agencies amounts equal to the percentages of the net profits which shall be expended by said governing bodies, departments, boards, and agencies for these purposes and none other as follows: (a) Twenty per cent -20% to the Brunswick County Board of Education for the benefit of the white and colgred schools of the county to be expended in the discretion of said board. Such amount shall supplement and not supplant the amount normally budgeted by the governing bodies of Brunswick County for this purpose. (b) Ten per cent -10% to the City of Southport for the use and benefit of the Southport High School and the Brunswick County Training School, such funds te be expended by the city treasurer as directed by the local school board of each of said schools on an equal share basis. (c) Ten per cent -10% to the City of Southport for debt service and retirement of bonds. Such amount shall supplement and not supplant the amount usually and normally budgeted by the city for this purpose. (d) Five per cent -5% to the City of Southport for the promotion and encouragement of new business and industrial development in the City of Southport and the County of Brunswick. Such amount shall supplement and not supplant the amount usually and normally budgeted by the city for such purpose. (e) Five per cent -5% to the City of Southport for public recreation and youth development facilities including the purchase of equipment and the operation of and maintenance of such facilities. Such amount shall supplement and not supplant the amount usually and normally budgeted by the city for such purposes. 739 (f) Five per cent -5% to the J. Arthur Dosher Memorial Hospital for the maintenance and operation of said hospital, including the purchase of such needed hospital equipment as may be determined by the board of trustees. (g) Forty-five per cent -45% to the City of Southport for the public safety, public health, public sanitation, public welfare, public buildings and equipment, and for any other lawful purposes. Such amount shall supplement and not supplant the amount or amounts usually and normally budgeted by said city for such purposes.

All persons, other than members of the Eastern Band of Cherokee Indians, having personal property located on an Indian Reservation shall list said property for ad valorem taxation with the county in which said property is located and shall pay ad valorem taxes thereon. Except as they may be inconsistent with the provisions of this Act, the provisions of the Machinery Act of 1939 shall apply to the listing, assessment, and collection of such taxes.

For the purposes of this Act, no person shall be considered as a member of the Eastern Band of Cherokee Indians unless his name appears on the official roll of the Cherokee Indian Tribal Council of the Eastern Band of Cherokee Indians.

All persons, other than members of the Eastern Band of Cherokee Indians, having personal property located on an Indian reservation shall list said property ad valorem taxation with the county in which said property is located and shall pay ad valorem taxes thereon. Except as they may be inconsistent with the provisions of this Act, the provisions of the Machinery Act of 1939 shall apply to the listing, assessment, and collection of such taxes.

That, notwithstanding the provisions of G. S. 115-126, the Board of Education of Pamlico County, for the consideration aforesaid, be and it is hereby authorized and empowered to convey by good and sufficient deed to the Florence Camp of the Woodmen of the World that certain piece, parcel or lot of land previously conveyed to the Board of Education of Pamlico County by deed dated September 1, 1911, and of record in Book 56 Page 343, Pamlico County Registry, and situate at Florence in Number Two Township, Pamlico County, and known as the Florence White School property, in fee simple in trust to be maintained by it as a community building, title to revert to the Pamlico County Board of Education if the same should at any time in the future cease to be used for said purpose. ;

The first sentence of G. S. 115-166 is hereby amended to read as follows: Every parent, guardian or other person in this State having charge or control of a child between the ages of seven and sixteen years shall cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned and in which he is enrolled shall be in session; provided, this requirement shall not apply with respect to any child when the board of education of the administrative unit in which the child resides finds that: (a) such child is now assigned against the wishes of his parent or guardian, or person standing in loco parentis to such child, to a public school attended by a child of another race and it is not reasonable and practicable to reassign such child to a public school not attended by a child of another race; and (b) it is not reasonable 13 and practicable for such child to attend a private non-sectarian school, as defined in Article 35 of this Chapter.

Chapter 115 of the General Statutes relating to public education is hereby amended by adding a new article, to be designated Article 35, as follows: ARTICLE 35 Education Expense Grants Section 1 Statement of legislative policy and purposes. The General Assembly of North Carolina recognizes and hereby affirms that knowledge, morality, and adherence to fundamental principles of individual freedom and responsibility are necessary to good government and the happiness of mankind; and further affirms that schools and the means of education ought forever to be encouraged. The value and importance of our public schools are known and acknowledged by our people. It is further recognized that our public schools are so intimately related to the customs and feelings of the people of each community that their effective operation is impossible except in conformity with community attitudes. Our people need to be assured that no child will be forced to attend a school with children of another race in order to get an education. It is the purpose of the State of North Carolina to make available, under the conditions and qualifications set out in this Act, education expense grants for the private education of any child of any race residing in this State. In so doing, it is the hope of the General Assembly of North Carolina that all peoples within our State shall respect deeply-felt convictions, and that our public school system shall be continually strengthened and improved, and sustained by the support of all our citizens. Sec. 2 Every child residing in this State for whom no public school is available, or who is assigned to a public school attended by a child of another race against the wishes of his parent or guardian or the person standing in loco parentis to such child, is entitled to apply for an education expense grant from State funds appropriated for that purpose. Such grants shall be available only for education in a private nonsectarian school, and in the case of a child assigned to a public school attended by a child of another race, shall, in addition, be available only when it is not reasonable and practicable to reassign such child to a public school not attended by a child of another race. For purposes of this Article, a nonsectarian school is defined as a school whose operation is not controlled directly or indirectly by any church or sectarian body or by any individual or individuals acting on behalf of a church or sectarian body. Sec. 3 It shall be the policy of the State to make an education expense grant available to each eligible child, as provided under this Article, which is equal to the per-day, per-student amount of State funds expended 4 on public schools throughout the State during the preceding school year, but in no event, shall a grant for any child exceed the amount actually expended for the private education of such child. The State Board of Education shall determine the maximum amount of the grant to be made available to each child, and in so doing, shall take into account the total expenditures for all current expenses and for debt service on State school bonds made from State funds for the preceding school year. Sec. 4 Application for an education expense grant shall be made to the board of education of the administrative unit within which the child resides. Such application shall be on standard forms prescribed by the State Board of Education for that purpose and shall be signed under oath or affirmation by the parent or guardian of or the person standing in loco parentis to the child for whom application is made. Sec. 5 Application for an education expense grant shall be approved if the board of education to whom application is made finds that: (a) the child for whom application is made resides within the administrative unit; and (b) there is no public school available for such child, or such child is now assigned against the wishes of his parent or guardian or of the person standing in loco parentis to such child to a public school attended by a child of another race and it is not reasonable and practicable to reassign such child to a public school not attended by a child of another race; and (c) such child is enrolled in or has been accepted for enrollment in a private nonsectarian school, recognized and approved under Article 32 of this Chapter. Sec. 6 Each application for an education expense grant shall specify the number of school days for which the grant is requested, but in no event shall any one application be for more than one school year or the equivalent of one hundred and eighty -180 school days. If the conditions of Section 5 of this Article continue to be met, application may be filed on behalf of a child, who has received benefits under a previous application, for another school year or part thereof. Sec. 7 Upon approving the application for an education expense grant from State funds, the board of education shall give notice in writing to the parent or guardian or person standing in loco parentis to the child concerned of an education grant commitment for a specified number of school days and for a specified amount for each school day, but no one commitment shall exceed one hundred and eighty -180 school days. So long as the requirements set out in paragraphs (a) and (c) of Section 5 of this Article are met during the period of the education grant commitment, the board, unless requested otherwise by the parent or guardian or person standing in loco parentis, shall continue payments under such commitment notwithstanding the fact that a change of conditions since approval of the application may make it reasonable and practicable to assign such child to a public school not atteaded by a child of another race. Sec. 8 Upon disapproval of an application for an education expense grant, whether payable from State or local funds, the board of education 5 shall give notice to the applicant by registered mail, and any applicant may within ten -10 days after receipt of such notice apply to such board for a hearing, and shall be given a prompt and fair hearing on the question of entitlement to an education expense grant. The board shall render prompt decision upon such hearing, and if the board shall affirm its previous action of disapproval of the application, notice shall be given to the applicant by registered mail, and any applicant aggrieved by the action of the board may within ten -10 days after receipt of such notice file a petition in the superior court of the county in which the board sits for a hearing in the matter on all questions of fact and of law. Notice of the petition shall be properly served upon the board of education. The board shall have fifteen -15 days after receipt of notice of the petition within which to prepare and furnish to the petitioner or his attorney a certified transcript of the record in the case for filing in the superior court, which record shall include a copy of the application and any official orders and rulings of the board in the case. Additional time for preparation of the record may be granted to the board, for good cause, upon motion before the clerk of the superior court. The petition in the superior court may be heard by the resident judge of the district or by the judge presiding at a term of court in that district, and such judge shall have authority to take testimony and examine into the facts of the case, and to determine all questions of fact and of law, and enter judgment thereon. From the judgment of the superior court an appeal may be taken by the petitioner or the board to the Supreme Court in the same manner as other appeals are taken from judgments of such court in civil actions. Sec. 9 Payments of education expense grants shall be made by check upon receipt of satisfactory evidence that the child for whom payment is made actually attended a private nonsectarian school, recognized and approved under Article 32 of this Chapter. The school attended shall furnish, upon forms prescribed by the State Board of Education, a sworn certificate signed by the director or other appropriate official of the school, showing the number of school days actually attended by the child for whom payment is made. A child is deemed to be in attendance, within the meaning of this Section, although temporarily absent due to illness or other good cause, so long as such child is enrolled in the school as a bona fide student. Checks in payment of education expense grants shall be made payable jointly to the parent or guardian of or the person standing in loco parentis to the child and the school which the child attended, and shall be mailed to the parent or guardian or person standing in loco parentis for endorsement; provided, that if the school attended shall indicate in its certificate that the tuition and expenses for such child have already been paid the check shall be made payable to the parent or guardian or person standing in loco parentis alone. Sec. 10 Payments of education expense grants shall be made by each board of education monthly, bimonthly or quarterly in accordance with uniform regulations adopted and promulgated by the State Board of Education. The State Board of Education is authorized and directed to prescribe standard forms for application for grants, for notice of education 6 grant commitment, for certificates of attendance, and such other forms as may be necessary or desirable in the administration of the provisions of this Article. The State Board of Education shall have general supervision and administration of the funds provided by the General Assembly for education expense grants, and it is intended that such funds shall be managed and allotted by the Controller of the State Board of Education, under direction of the Board, pursuant to the relevant provisions of Chapter 115 of the General Statutes governing administration of fiscal affairs of the Board. See, 11 Payments of individual education expense grants from State funds shall be made only by warrants drawn on the State Treasurer, signed by the chairman and the secretary of the county or city board of education. The fiscal procedures prescribed in other Articles of this Chapter, unless in conflict with some specific provision in this Article, shall apply to the handling and management of State funds appropriated for education expense grants. Sec. 12 No education expense grant shall be paid for any child except for attendance at a private nonsectarian school found to be in compliance with the provisions of Article 32 of this Chapter. It shall be the duty of the State Board of Education to maintain a current list of all such approved schools and to furnish such information from time to time to county and city boards of education. Payment of education expense grants for or on behalf of any child attending such a school shall not vest in the State of North Carolina, the State Board of Education or any agency or political subdivision of the State any supervision or control whatever over such nonpublic schools or any responsibility whatever for their conduct and operation. Sec. 18 The appropriate tax levying authorities for any administrative unit may, upon recommendation of the board of education of such unit, appropriate amounts from any local tax or non-tax funds for a local education expense grant. In no event, shall the combined total of grants for any one child, from both State and local funds, exceed the amount of actual expenses incurred in the private education of such child. Sec. 14 Application for a local education expense grant shall be filed with the board of education of the administrative unit when local funds have been appropriated or allotted for such purpose. No child shall be entitled to a local education expense grant who is not at the same time eligible, under the provisions of this Article, for a grant from State funds. Sec. 15 Each application for a local education expense grant shall specify the number of school days for which the grant is requested, but in no event shall any one application be granted for more than one school year or the equivalent of one hundred and eighty -180 school days. If the child who has received benefits under a previous application continues to be otherwise eligible, an application for a local education expense grant for another school year or part thereof may be filed in his behalf. Sec. 16 Payments of local education expense grants shall be made by check upon receipt of satisfactory evidence that the child for whom payment is made actually attended a private nonsectarian school recognized and 7 approved under Article 32 of this Chapter. The school attended shall furnish, in such form as may be prescribed by the local board of education, a sworn certificate signed by the director or other appropriate official of the school, showing the number of school days actually attended by the child for whom payment is made. A child is deemed to be in attendance, within the meaning of this Section, although temporarily absent due to illness or other good cause, so long as such child is enrolled in such school as a bona fide student. Checks in payment of local education expense grants shall be made payable jointly to the parent or guardian of or the person standing in loco parentis to the child and the school which the child attended, and shall be mailed to the parent or guardian or person standing in loco parentis for endorsement; provided, that if the school attended shall indicate in its certificate that the tuition and expenses for such child have already been paid the check shall be made payable to the parent or guardian or person standing in loco parentis alone. Sec. 17 Payments of local education expense grants shall be made by each board of education monthly, bi-monthly or quarterly in accordance with rules and regulations adopted by each local board. In administering local grant payments, each board shall, so far as practicable, follow the procedures prescribed by the State Board of Education for the payment of education expense grants from State funds. Sec. 18 All local funds for education expense grants, from whatever source provided, shall be managed, supervised and disbursed in accordance with the procedures set out in other Articles of this Chapter, pertaining to administration of local school funds, except where such procedures are in conflict with some provision of this Article. Sec. 19 No local education expense grant shall be paid for or on behalf of any child except for attendance at a private nonsectarian school found to be in compliance with the provisions of Article 32 of this Chapter. Sec. 20 Any person who shall knowingly make any FALSE affidavit or shall knowingly swear or affirm falsely to any matter or thing required by the terms of this Article to be sworn or affirmed to shall be guilty of perjury, and upon conviction shall be punishable by a fine and imprisonment as other persons committing perjury are punishable. Sec. 21 It shall be unlawful for any parent or guardian or the person standing in loco parentis to a child to accept any payment authorized by this Article knowing that the child for whose benefit the payment is received did not actually attend, or was not actually a bona fide student at, a private nonsectarian school during the period for which payment is received. Any person violating this Section shall be guilty of a felony and upon conviction shall be punished by imprisonment in the States prison for not more than five -5 years or by a fine of not more than five thousand dollars ($5,000.00) or by both such fine and imprisonment. Sec. 22 It shall be unlawful for any official or employee of any school, acting wilfully or corruptly, to receive any payment of a grant authorized by this Article, knowing that said school is not entitled to such payment. Any person violating this Section shall be guilty of a felony and upon con- 8 viction shall be punished by imprisonment in the States prison for not more than five -5 years or by a fine of not more than five thousand dollars ($5,000.00) or by both such fine and imprisonment.

Article IX of the Constitution of North Carolina is hereby amended by adding a Section 12 which shall read as follows: 12 Education expense grants and local option. Notwithstanding any other provision of this Constitution, the General Assembly may provide for payment of education expense grants from any State or local public funds for the private education of any child for whom no public school is available or for the private education of a child who is assigned against the wishes of his parents, or the person having control of such child, to a public school attended by a child of another race. A grant shall be available only for education in a nonsectarian school, and in the case of a child assigned to a public school attended by a child of another race, a grant shall, in addition, be available only when it is not reasonable and practicable to reassign such child to a public school not attended by a child of another race. Notwithstanding any other provision of this Constitution, the General Assembly may provide for a uniform system of local option whereby any local option unit, as defined by the General Assembly, may choose by a majority vote of the qualified voters in the unit who vote on the question to suspend or to authorize the suspension of the operation of one or more or all of the public schools in that unit. No action taken pursuant to the authority of this Section shall in any manner affect the obligation of the State or any political subdivision or agency thereof with respect to any indebtedness heretofore or hereafter created.

Subsection (a) of G. S. 48-29, as the same appears in the 1953 Cumulative Supplement of Volume 2A of the General Statutes, is hereby amended by rewriting the subsection so that the same shall hereafter read as follows: 48-29. Change of Name; Report to State Registrar; New Birth Certificate to be Made(a) For proper cause shown the court may decree that the name of the child shall be changed to such name as may be prayed in the petition. When the name of any child is so changed, the court shall forthwith report such change to the Office of Vital Statistics of the State Board of Health. Upon receipt of the report, the State Registrar of the Office of Vital Statistics shall prepare a new birth certificate for the child named in the report which shall contain the following information: Full adoptive name of child, sex, date of birth, race of adoptive parents, full name of adoptive father, full maiden name of adoptive mother, and such other pertinent information not inconsistent herewith as may be determined by the State Registrar. The city and county of residence of the adoptive parents at the time of the petition is filed shall be shown as the place of birth, and the names of the attending physician and the local registrar shall be omitted: Provided, that when the adoptive parents reside in another state at the time the petition is filed the city and county of birth of the child shall be the same on the new birth certificate as on the original certificate. No reference shall be made on the new 914 certificate to the adoption of the child, nor shall the adopting parents be referred to as foster parents.