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UNIVERSITY OF N.C. AT CHAPEL HILL 



000 



7482332 



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ii 



0917.05 N. G. Historical cnm- 
N87m 

1929 This Book may be kept out TWO WEEKS 
COp. ONLY, and is subject to a fine of FIVE 
CENTS a day thereafter. It was taken out on 



16 se- 



DATE 



the day indicated below: 



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'■ug'4l> 



Library 



LUNC lOM-Ap 39 



PUBLICATIONS OF THE 
NORTH CAROLINA HISTORICAL COMMISSION 



NORTH CAROLINA MANUAL 

1929 



COMPILED AND EDITED 
BY 

A. R. NEWSOME 

SECRETARY OF THE NORTH CAROLINA 
HISTORICAL COMMISSION 



RALEIGH 

NORTH CAROLINA HISTORICAL COMMISSION 

1929 



1929 



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PREFACE 



This volume is issued by the North Carolina Historical Commis- 
sion in order to furnish in succinct form information about the 
State, its government and institutions, which otherwise would re- 
quire much investigation in many different sources. Unless other- 
wise stated, the data in each case is the latest available. 

Similar manuals were issued by the Secretary of State in 1903, 
1905 and 1907, and by the North Carolina Historical Commission 
in 1909, 1911, 1913, 1915, 1917, 1919, 1921, 1923, 1925 and 1927. 
The demand for these volumes has been so great that all editions 
except that of 1927 have been exhausted. 



to 



NORTH CAROLINA HISTORICAL COMMISSION 

Thomas M. Pittman, Chairman, Henderson 

M. C. S. Noble Chapel Hill 

Heriot Clarkson Raleigh 

Ben Dixon MacNeill Raleigh 

Mrs. Thomas O'Berry Goldsboro 

A. R. Newsome, Secretary, Raleigh 



CONTENTS 



Page 

Official Registerjor 1929-1930 9 

THE LEGISLATIVE DEPARTMENT: 

Officers and Members of the Senate 15 

Senatorial Districts 18 

Rules of the Senate 19 

Standing Committees of the Senate 30 

Officers and Members of the House of Representatives 35 

Rules of the House of Representatives : 41 

Standing Committees of the House of Representatives 54 

EXECUTIVE DEPARTMENTS: 

The Governor 63 

The Secretary of State 70 

The Auditor 73 

The Treasurer 75 

Superintendent of Public Instruction 78 

The Attorney-General 83 

Council of State 85 

JUDICIAL DEPARTMENT: 

Court of Impeachment 91 

The Supreme Court 92 

Superior Courts 93 

Other Courts 94 

North Carolina Corporation Commission 95 

STATE DEPARTMENTS, BOARDS, AND COMMISSIONS: 

The Adjutant-General's Department 101 

Department of Agriculture 105 

Board of Agriculture 113 

Joint Committee for Agricultural Work 115 

Department of Labor and Printing 116 

Department of Insurance 120 

State Department of Revenue 126 

State Board of Assessment 128 

State Highway Commission 132 

State Board of Health 138 

Department of Conservation and Development 140 

State Board of Charities and Public Welfare 152 

Child Welfare Commission i 160 

The Budget Bureau - 161 



6 Contents 

Page 

North Carolina Historical Commission. 167 

Library Commission of North Carolina 174 

State Library.. .. 179 

Law Library • 180 

Printing Commission 181 

Salary and Wage Commission 182 

Judicial Conference 182 

Commissioner of Pardons 183 

Educational Commission 184 

State Board of Equalization 185 

State Board of Vocational Education 188 

State Committee on High School Text-books 189 

Text-book Commission 190 

Transportation Advisory Commission 192 

State Sinking Fund Commission 193 

State Board of Elections 194 

State Board of Canvassers 195 

State Board of Pensions 196 ' 

Commissioner of the Veterans Loan Fund 197 

Board of Public Buildings and Grounds 198 

Municipal Board of Control . 199 

Board of Commissioners of Navigation and Pilotage 200 

Crop Pest Commission 201 

North Carolina Park Commission 202 

The Tax Commission 203 

State Fair . 204 

County Government Advisory Commission 205 

Commission on the Reproduction of the Canova Statue of Washington 206 

Bennett Place Memorial Commission 207 

The North Carolina Gettysburg Memorial Commission 208 

Andrew Johnson Memorial Commission 209 

George Washington Bicentennial Commission 210 

Board of Medical Examiners 210 

Board of Chiropody Examiners 211 

The Board of Nurse Examiners of North Carolina 212 

Board of Pharmacy 213 

North Carolina Board of Veterinary Medical Examiners 214 

North Carolina State Board of Dental Examiners 215 

State Board of Accountancy 216 

State Board of Architectural Examination and Registration 217 

State Board of Chiropractic Examiners 218 

State Board of Embalmers 219 

State Board of Examiners in Optometry 1 220 

State Board of Osteopathic Examination and Registration 220 

State Board of Registration for Engineers and Land Surveyors 221 

State Licensing Board for Contractors 223 

STATE EDUCATIONAL INSTITUTIONS: 

University of North Carolina 227 

North Carolina State College of Agriculture and Engineering 231 

North Carolina College for Women 237 



Contents 7 

Pagb 

Cullowhee State Normal School 241 

Appalachian State Normal School 243 

East Carolina Teachers' College 244 

North Carolina Normal Schools and Colleges for the Colored Race 246 

Fayetteville Colored Normal School 248 

Elizabeth City Colored Normal School 250 

Winston-Salem Teachers' College at Winston-Salem 251 

North Carolina College for Negroes 252 

Negro Agricultural and Technical College of North Carolina 253 

Cherokee Indian Normal School of Robeson County 255 

STATE CHARITABLE AND CORRECTIONAL INSTITUTIONS: 

State Hospital at Raleigh 259 

State Hospital at Morganton 261 

State Hospital at Goldsboro 262 

North Carolina Sanatorium for the Treatment of Tuberculosis 263 

North Carolina Orthopaedic Hospital . 265 

Oxford Orphanage 266 

The Colored Orphanage of North Carolina 267 

Soldier's Home 269 

Confederate Women's Home 272 

State Prison 273 

State Bureau of Identification 275 

North Carolina School for the White Blind and for the Colored Blind and Deaf. 276 

North Carolina School for the Deaf 278 

Stonewall Jackson Manual Training and Industrial School 280 

Caswell Training School... 281 

East Carolina Industrial Training School for Boys 282 

State Training School for Negro Boys 283 

State Home and Industrial School for Girls and Women., 284 

Industrial Farm Colony for Women 286 

MISCELLANEOUS: 

The North Carolina Railroad Company 291 

The Atlantic and North Carolina Railroad Company 296 

The Appalachian and Western North Carolina Railroad Company 298 

The North Carolina State Capitol 299 

State Administration Building 304 

North Carolina Day 306 

Legal Holidays in North Carolina 307 

The State Flag 310 

The Great Seal 311 

State Motto and Its Origin 316 

State Song 318 

The Confederate Museum at Richmond 319 

The Halifax Resolution 320 

The Declaration of Independence 321 

PLATFORMS OF POLITICAL PARTIES, 1028: 

National Democratic Platform 329 

National Republican Platform 346 



8 ( "ONTBNTS 

Page 

National Farmer Labor Platform 368 

National Socialist Platform 371 

National Prohibition Platform 378 

State Democratic Platform 379 

State Republican Platform 385 

KI.KCTIONRETURNS: 

Popular and Electoral Votes for President by States, 1928 391 

Popular Vote for President by States, 1912-1924 392 

Vote for President by Counties, 1916-1928 394 

Vote by Counties for Governor in Democratic Primaries, 1920-1924 396 

Vote for State Officers in Democratic Primary, 1928 398 

Vote for State Officers in Democratic Primaries, 1924 and 1928 400 

Democratic Primary Vote, June 5, 1926, for United States Senator 401 

Vote for Governor by Counties, 1920-1928 402 

Vote for United States Senator, 1920-1926 404 

Vote for Members of Congress, 1922-1928 406 

Vote for Constitutional Amendments by Counties, 1928 411 

CONSTITUTIONS: 

Constitution of the United States of America 421 

Constitution of the State of North Carolina 438 

Index to the Constitution of North Carolina 499 

CENSUS: 

Population and Area of the Several States and Territories, 1910-1920 511 

Population (estimated) of North Carolina, 1675-1786 513 

Census of North Carolina, 1790-1840 514 

Census of North Carolina, 1850-1920 515 

Population of North Carolina Cities and Towns, 1900-1920. 518 

North Carolina Counties and County Seats 527 

Economic Development of North Carolina 530 

BIOGRAPHICAL SKETCHES: 

Executive Officials 533 

Justices of the Supreme Court 539 

Members of Congress 543 

Members of the General Assembly 551 



OFFICIAL REGISTER FOR 1929-1930 



LEGISLATIVE DEPARTMENT 

Richard T. Fountain President of the Senate Edgecombe 

A. H. Graham Speaker of the House of Representatives.. Orange 

EXECUTIVE DEPARTMENT 

O. M ax Gardner Governor Cleveland 

R. T. Fountain Lieutenant-Governor Edgecombe 

James A. Hartness Secretary of State Iredell 

Baxter Durham Auditor Wake 

B. R. Lacy Treasurer Wake 

A. T. Allen Superintendent of Public Instruction Alexander 

Dennis G. Brummitt Attorney-General Granville 

JUDICIAL DEPARTMENT 

SUPREME COURT JUSTICES 

Walter P. Stacy Chief Justice _New Hanover 

W. J. Adams Associate Justice Moore 

Heriot Clarkson Associate Justice Mecklenburg 

George W. Connor Associate Justice Wilson 

W. J. Brogden Associate Justice Durham 

SUPERIOR COURT JUDGES 

W. L. Small. First District Pasquotank-Elizabeth City 

M. V. Barnhill Second District Nash-Rocky Mount 

Garland E. Midyette Third District Northampton-Jackson 

Frank A. Daniels Fourth District Wayne-Goldsboro 

R. A. Dunn Fifth District Craven-New Bern 

H. A. Grady Sixth District Sampson-Clinton 

W. C. Harris .Seventh District Wake-Raleigh 

E.'h. Cranmer Eighth District Brunswick-Southport 

N. A. Sinclair Ninth District .Cumberland-Fayetteville 

William A. Devin Tenth District Granville-Oxford 

J H. Clement Eleventh District Forsyth-Winston-Salem 

Thomas J. Shaw: ..Twelfth District Guilford-Greensboro 

A. M. Stack Thirteenth District Union-Monroe 

W. F. Harding .Fourteenth District Mecklenburg-Charlotte 

J. M. Oglesby Fifteenth District Cabarrus-Concord 

J. L. Webb Sixteenth District Cleveland-Shelby 

T. B. Finley Seventeenth District Wilkes-Wilkesboro 

Michael Schenck Eighteenth District Henderson-Hendersonville 

P. A. McElroy Nineteenth District Madison-Marshall 

Walter E. Moore Twentieth District Jackson-Sylva 

solicitors 

Herbert R. Leary ..First District Chowan-Edenton 

Donnell Gilliam Second District Edgecombe-Taboro 

R. Hunt Parker .Third District. ...Vance-Henderson 

C L Williams ..Fourth District Lee-Sanford 

D. M. Clark Fifth District Pitt-Greenville 

J. A. Powers Sixth District Lenoir-Kinston 

L. S. Brassfield Seventh District Wake-Raleigh 

Woodus Kellum Eighth District New Hanover-Wilmington 

T. A. McNeill.. Ninth District Robeson-Lumberton 

W. B. Umstead Tenth District Durham-Durham 

S. Porter Graves Eleventh District Surry-Mount Airy 



10 



Official Register 



J. F. Spruill Twelfth District 

F. D. Phillips .Thirteenth District. 

J. G. Carpenter Fourteenth District.. 

Z. V. Lono Fifteenth District 

L. S. Spurling Sixteenth District 

John It. Jones Seventeenth Districts 

J. W. Ple88, Jr. Eighteenth District. . 

R. M. Wells Nineteenth District-. 

G.C.Davis . . . .Twentieth District. __ 



. . Da vidson- Lexington 
.Richmond-Rockingham 
. Gaston-Gastonia 
. Iredell-Statesville 
Caldwell-Lenoir 
Wilkes-North Wilkesboro 
. McDowell-Marion 
. Buncombe-Asheville 
._ Hay wood- Waynes ville 



CORPORATION COMMISSION 

W. T. Lee Chairman Haywood 

George P. Pell Commissioner Forsyth 

A. J. Maxwell Commissioner Craven 

R. Otis Self Chief Clerk Jackson 

ADMINISTRATIVE DEPARTMENTS, BOARDS, AND COMMISSIONS 

ADJUTANT GENERAL'S DEPARTMENT 

J. Van B. Metts ..The Adjutant General New Hanover 



W. A. Graham. 



department of agriculture 
. . .Commissioner 



.Lincoln 



F. D. Grist. 



department of labor and printing 
Commissioner 



-Caldwell 



department of insurance 
D. C. Boney -Commissioner 



.Lenoir 



department of revenue 
R. A. Doughton Commissioner 



. Alleghany 



state highway commission 
Alex. S. Hanes Acting Chairman Moore 

state board of health 
C. O'H. Laughinghouse Secretary Pitt 

department of conservation and development 
Wade H. Phillips Director Davidson 

STATE BOARD OF CHARITIES AND PUBLIC WELFARE 

Mrs. Kate Burr Johnson Commissioner Wake 



CHILD WELFARE COMMISSION 

E. F. Carter Executive Secretary 



.Wake 



NORTH CAROLINA HISTORICAL COMMISSION 

A. R. Newsome Secretary Union 



LIBRARY COMMISSION 

Mrs. Lillian B. Griggs Secretary Durham 



Official Register 11 



• STATE LIBRARY 

Miss Carrie L. Broughton .Librarian Wake 

LAW LIBRARY 

Marshall DeL. Haywood . . _ Librarian Wake 

SALARY AND WAGE COMMISSION 

Edward B. Bridges Executive Secretary Mecklenburg 

STATE PRISON 

George Ross Pou Superintendent 1 Johnston 

Superior Court Calendar, 1929-1930 

District Spring, 1929 Fall, 1929 Spring, 1930 Fall, 1930 

1 Judge Devin Judge Sinclair Judge Cranmer Judge Harris 

2 Judge Small Judge Devin Judge Sinclair Judge Cranmer 

3 Judge Barnhill Judge Small Judge Devin Judge Sinclair 

4 Judge Midyette Judge Barnhill Judge Small Judge Devin 

5 Judge Daniels Judge Midyette Judge Barnhill Judge Small 

6 - Judge Nunn Judge Daniels Judge Midyette Judge Barhnill 

7 Judge Grady Judge Nunn Judge Daniels Judge Midyette 

8 Judge Harris Judge Grady Judge Nunn Judge Daniels 

9 Judge Cranmer Judge Harris Judge Grady Judge Nunn 

10 Judge Sinclair -.Judge Cranmer Judge Harris Judge Grady 

11 Judge Moore Judge McElroy Judge Schenck Judge Finley 

12 Judge Clement Judge Moore Judge McElroy Judge Schenck 

13 Judge Shaw Judge Clement Judge Moore Judge McElroy 

14 Judge Stack Judge Shaw Judge Clement Judge Moore 

15 Judge Harding Judge Stack Judge Shaw Judge Clement 

16 Judge Oglesby Judge Harding _ -Judge Stack Judge Shaw 

17 -Judge Webb Judge Oglesby Judge Harding Judge Stack 

18 Judge Finley Judge Webb Judge Oglesby Judge Harding 

19 Judge Schenck Judge Finley Judge Webb Judge Oglesby 

20 T Judge McElroy Judge Schenck Judge Finley Judge Webb 



PART I 



THE LEGISLATIVE DEPARTMENT 



1. Officers of the Senate. 

2. Members of the Senate (Arranged Alphabetically). 
:>. Members of the Senate (Arranged by Districts). 

4. Senatorial Districts. 

5. Rules of the Senate. 

6. Standing Committees of the Senate. 

7. Officers of the House of Representatives. 

8. Members of the House of Representatives (Arranged 

Alphabetically). 

1). Members of the House of Representatives (Arranged 
by Counties). 

10. Rules of the House of Representatives. 

11. Standing Committees of the House of Representa- 

tives. 



OFFICERS AND MEMBERS OF THE SENATE 



OFFICERS 

R. T. Fountain President Edgecombe 

T. L. Johnson President, pro tern Robeson 

Leroy B. Martin Principal Clerk Yadkin 

O. P. Shell Sergeant-at-Arms Harnett 

Exum T. Lewis Assistant Sergeant-at-Arms. Nash 

Needh a m M angum Reading Clerk Wake 

Rev. A. Corey Engrossing Clerk Martin. . 



SENATORS 
(Alphabetically Arranged) 



Name 




Alderman, J. T 

Beam, Amos R 

Blount, M. K 

Blue, L. M 

Brawley S. C 

Bridger, J. C 

Broughton, J. M.- 
Burnett, John 

Canaday, C. C 

Clark, Walter 

Clark, W. G 

Cranford, C. C 

Duncan, J. S 

Gallowav, T. C 

Gay, A. C 

Gravely, L. L 

Gregory, F. H... 

Haywood, F. J 

Hester, B. F..__. 
Higgins, Carlisle W 
Hobbs, S. H 

Ivey, Dr. H. B..._ 

Johnson, Robert G 

Johnson, T. L 

Joyce, R. T 

Lawrence, Lloyd J. 

MacKethan, E. R._ 
Makepeace, O. P.. . 

Martin, L. A 

McMullan, Harry. 
McQueen, W. B... 
Millner, H. L 

Peel, Elbert S 

Person, W. M 

Plemmons, Ira 



Fourteenth 

Twenty-seventh 

Fifth 

Eighteenth 

Sixteenth 

Tenth 

Thirteenth 

Thirty-third 

Eighth 

Twentieth 

Fourth 

Twelfth 

Seventeenth 

Thirty-second... 

Third 

Sixth 

Fourth 

Twentieth 

Fifteenth 

Twenty-ninth. _. 
Ninth 

Eighth 

Ninth 

Eleventh 

Twentv-third 

First 

Tenth 

Thirteenth 

Eighteenth 

Second 

Twelfth 

Twenty-eighth . . 

Second 

Sixth 

Thirtieth 



Democrat. . 

Democrat.. 
Democrat.. 
Democrat.. 
Democrat. _ 
Democrat.. 
Democrat.. 
Republican. 

Democrat. . 
Democrat. . 
Democrat _. 
Democrat. . 

Republican . 

Democrat. _ 
Democrat. _ 
Democrat. . 
Democrat. . 

Democrat. . 
Democrat. _ 
Democrat- _ 
Democrat. . 

Republican _ 

Democrat.. 
Democrat. _ 
Republican- 
Democrat. _ 

Democrat. _ 
Democrat. _ 
Democrat. . 
Democrat . . 
Democrat. - 
Democrat . _ 

Democrat. _ 
Democrat _ 
Republican . 



Post Office 



Henderson, N. C. 

Forest City N. C. 
Greenville, N. C. 
Gibson, N. C. 
Durham, N. C. 
Bladenboro, N. C. 
Raleigh, N. C. 
Bryson City, N. C. 

Benson, N. C. 
Charlotte, N. C. 
Tarboro, N. C. 
Asheboro, N. C. 

Greensboro, N. C. 

Brevard, N. C. 
Jackson, N. C. 
Rocky Mount, N. C. 
Halifax, N. C. 

Concord, N. C. 
Roxboro, N. C. 
Sparta, N. C. 
Clinton, N. C. 

Goldsboro, N. C. 

Burgaw, N. C. 
Lumberton, N. C. 
Westfield, N, C. 

Murfreesboro, N. C. 

Fayetteville, N. C. 
Sanford, N. C. 
Lexington, N. C. 
Washington, N. C. 
Haeford, N. C. 
Morganton, N. C. 

Williamston, N. C. 
Loui.sburg, N. C. 
Hot Springs, N. C. 



16 



Legislative Department 



SENATORS— Con tinued 



Name 


District 


Party 


Postoffice 




Nineteenth 

Twenty-fifth 

Seventeenth 

Twenty-sixth 

Sixteenth" 

Twenty-fifth 

Twenty-first 

Nineteenth 

Seventh- . 

Seventh. -- 

Thirty-first. . 
First _ 


Democrat. _ 

Republican. 
Republican. 
Republican. 

Democrat.. 
Republican . 
Republican- 
Democrat-. 

Democrat.. 

Democrat. _ 
Republican _ 
Democrat- _ 
Republican , 
Democrat-. 
Democrat. . 


Monroe, N. C. 




Statesville, N. C. 


Reynolds, J. F 


Wentworth, N. C. 




Dallas, N. C. 


Scott, R. W. . 


Haw River, N. C. 




Newton, N. C. 


Smith, L. L.- 


Mt. Ulla, N. C. 


Smith, W. Erskine 


Albemarle, N. C. 


Tapp, L. P. 


Kinston, N. C. 


Ward Wm F. 


New Bern, N. C 




Asheville, N. C. 




Hertford, N C 


Williams, S. Carter 

Womble, B. S 


Twenty-fourth. _ 
Twenty-second-. 
Twenty-seventh . 


Yadkinville, N. C. 
Winston-Salem, N. C 


Wood, W. F. 


Marion, N. C. 







SENATORS 
(Arranged by Districts) 

First District — Lloyd J. Lawrence, Murfreesboro (D) ; Chas. 
Whedbee, Hertford (D). 

Second District — Elbert S. Peel, Williamston (D) ; Harry Mc- 
Mullan, Washington (D). 

Third District — A. C. Gay, Jackson (D). 

Fourth District— W. G. Clark, Tarboro (D) ; F. H. Gregory, 
Halifax (D). 

Fifth District — M. K. Blount, Greenville (D). 

Sixth District — W. M. Person, Louisburg (D) ; L. L. Gravely, 
Rocky Mount (D). 

Seventh District — L. P. Tapp, Kinston (D) ; Wm. F. Ward, New 
Bern (D). 

Eighth District — Dr. H. B. Ivey, Goldsboro (R) ; C. C. Canaday, 
Benson (D). 

Ninth District — Robert G. Johnson, Burgaw (D) ; S. H. Hobbs, 
Clinton (D). 



Senators 17 

Tenth District — J. A. Bridger, Bladenboro (D) ; E. R. Mac- 
Kethan, Fayetteville (D). 

Eleventh District — T. L. Johnson, Lumberton (D). 

Twelfth District— W. B. McQueen, Raeford (D) ; C. C. Cranford, 
Asheboro (D). 

Thirteenth District — O. P. Makepeace, Sanford (D) ; J. M. 
Broughton, Raleigh (D). 

Fourteenth District — J. T. Alderman, Henderson (D). 

Fifteenth District — B. F. Hester, Hurdle Mills, R. 3 (D). 

Sixteenth District — R. W. Scott, Mebane (D); S. C. Brawley, 
Durham (D). 

Seventeenth District — J. S. Duncan, Greensboro (R) ; John F. 
Reynolds, Wentworth (R). 

Eighteenth District — L. A. Martin, Lexington (D) ; L. M. Blue, 
Gibson (D). 

Nineteenth District — Henry L. Price, Monroe R. 5 (D) ; W. 
Erskine Smith, Albemarle (D). 

Twentieth District— Walter Clark, Charlotte (D) ; F. J. Hay- 
wood, Concord (D). 

Twenty-first District — L. L. Smith, Mt. Ulla (R). 

Twenty-second District — B. S. Womble, Winston-Salem (D). 

Twenty-third District — R. T. Joyce, Westfield (R). 

Twenty-fourth District — S. Carter Williams, Yadkinville (R). 

Twenty-fifth District — Jesse C. Sigmon, Newton (R) ; Dewey L. 
Raymer, Statesville (R). 

Twenty-sixth District— 0. J. Rhyne, Dallas, R. 2 (R). 

Twenty-seventh District— W. F. Wood, Marion (D) ; Amos R. 
Beam, Forest City (D). 

Twenty-eighth District — H. L. Millner, Morganton (R). 

Twenty-ninth District — Carlisle W. Higgins, Sparta (D). 

Thirtieth District — Ira Plemmons, Hot Springs (R). 

Thirty-first District — Guy Weaver, Asheville (R). 

Thirty-second District — T. C. Galloway, Brevard (D). 

Thirty-third District — John Burnett, Bryson City (R). 



18 Legislative Department 

SENATORIAL DISTRICTS 

Ch. 161, P. L. 1921 

First District — Camden, Chowan, Currituck, Gates, Hertford, 
Pasquotank and Perquimans counties shall elect two senators. 

Second District — Beaufort, Dare, Hyde, Martin, Pamlico, Tyrrell, 
and Washington shall elect two senators. 

Third District — Bertie and Northampton shall elect one senator. 
Fourth District — Edgecombe and Halifax shall elect two 
senators. 

Fifth District — Pitt shall elect one senator. 

Sixth District — Franklin, Nash and Wilson shall elect two 
senators. 

Seventh District — Carteret, Craven, Greene, Jones, Lenoir, and 
Onslow shall elect two senators. 

Eighth District — Johnston and Wayne shall elect two senators. 
Ninth District — Duplin, New Hanover, Pender, and Sampson 
shall elect two senators. 

Tenth District — Bladen, Brunswick, Columbus, and Cumberland 
shall elect two senators. 

Eleventh District — Robeson shall elect one senator. 
Twelfth District — Harnett, Hoke, Moore, and Randolph shall 
elect two senators. 

Thirteenth District — Chatham, Lee, and Wake shall elect two 
senators. 

Fourteenth District — Vance and Warren shall elect one senator. 
Fifteenth District — Granville and Person shall elect one senator. 
Sixteenth District — Alamance, Caswell, Durham, and Orange 
shall elect two senators. 

Seventeenth District — Guilford and Rockingham shall elect two 
senators. 

Eighteenth District — Davidson, Montgomery, Richmond, and 
Scotland shall elect two senators. 

Nineteenth District — Anson, Stanly, and Union shall elect two 
senators. 

Twentieth District — Cabarrus and Mecklenburg shall elect two 
senators. 

Twenty-first District — Rowan shall elect one senator. 



Bulbs of the Senate 19 

Twenty-second District — Forsyth shall elect one senator. 

Twenty-third District — Stokes and Surry shall elect one 

senator. 

Twenty- fourth District — Davie, Wilkes, and Yadkin shall elect 
one senator. 

Twenty-fifth District — Catawba, Iredell, and Lincoln shall elect 
two senators. 

Twenty-sixth District — Gaston shall elect one senator. 

Twenty-seventh District — Cleveland, Henderson, McDowell, Polk, 
and Rutherford shall elect two senators. 

Twenty-eighth District — Alexander, Burke and Caldwell shall 
elect one senator. 

Twenty-ninth District — Alleghany, Ashe and Watauga shall elect 
one senator. 

Thirtieth District — Avery, Madison, Mitchell, and Yancey shall 
elect one senator. 

Thirty-first District — Buncombe shall elect one senator. 

Thirty-second District — Haywood, Jackson, and Transylvania 
shall elect one senator. 

Thirty-third District — Cherokee, Clay, Graham, Macon, and 
Swain shall elect one senator. 



RULES OF THE SENATE, 192!) 
Order of Business 

1. The President having taken the chair at the hour to 
which the Senate shall have adjourned, and a quorum being 
present, the Journal oi' the preceeding day shall be read, unless 
otherwise ordered by the Senate, to the end that any mistake may 
be corrected. 

2. After reading and approval of the Journal, the order of 
business shall be as follows: 

(1) Repoi'ts of standing committees. 

(2) Reports of select committees. 

(3) Announcement of petitions, bills and resolutions. 

(4) Unfinished business of preceding day. 

(5) Special orders. 



20 Legislative Department 

(6) General orders. First, bills and resolutions on third read- 
ing; second, bills and resolutions on second reading. But messages 
from the Governor and House of Representatives and communica- 
tions and reports from State officers and repoi'ts from the Commit- 
tees on Engrossed Bills and Enrolled Bills may be received and 
acted on under any order of business. 

Powers and Duties of the President 

3. He shall take the chair promptly at the appointed time and 
proceed with the business of the Senate according to the rules 
adopted. At any time during the absence of the President, th<? 
President pro tempore, who shall be elected, shall preside, and he 
is hereby vested, during such time, with all powers of the Presi- 
dent except that of giving a casting vote in case of a tie when he 
shall have voted as a Senator. 

4. He shall assign to doorkeepers their respective duties, and 
shall appoint such pages and laborers as may be necessary, each of 
whom shall receive the same compensation as is now provided by 
law. 

Of the Clerk 

5. The President and Clerk of the Senate shall see that all bills 
shall be acted upon by the Senate in the order in which they stand 
upon the Calendar, unless otherwise ordered as hereinafter pro- 
vided. The Calendar shall include the numbers and titles of bills 
and joint resolutions which have passed the House of Representa- 
tives and have been received by the Senate for concurrence. 

6. The Clerk shall certify the passage of bills by the Senate, 
with the date thereof, together with the fact whether passed by a 
vote of three-fifths or two-thirds of the Senate, whenever such vote 
may be required by the Constitution and laws of the State. 

On the Rights and Duties of Senators 

7. Every Senator presenting a paper shall endorse the same; if 
a petition, memorial, or report to the General Assembly, with a 
brief statement of its subject or contents, adding his name; if a 
resolution, with his name; if a report of a committee, a statement 



Rules of the Senate 21 

of such report, with the name of the committee and member mak- 
ing the same; if a bill, a statement of its title, which shall contain 
a brief statement of the subject or contents of the bill, with his 
name; and all bills, resolutions, petitions, and memorials shall be 
delivered to the Clerk and by him handed to the President to be 
by him referred, and he shall announce the titles and references 
of the same, which shall be entered on the Journal. 

8. All motions shall be reduced to writing, if desired by the 
President or any Senator, delivered at the table, and read by the 
President or Clerk before the same shall be debated; but any such 
motion may be withdrawn by the introducer at any time before 
decision or amendment. 

9. If any question contains several distinct propositions it shall 
be divided by the President, at the request of any Senator, pro- 
vided each subdivision, if left to itself, shall form a substantive 
proposition. 

10. When the President is putting a question, or a division by 
counting shall be had, no Senator shall walk out of or across the 
chamber, nor when a Senator is speaking pass between him and 
the President. 

11. Every Senator wishing to speak or debate, or to present a 
petition or other paper, or to make a motion or to report, shall 
rise from his seat and address the President, and shall not proceed 
further until recognized by him. No senator shall speak or debate 
more than twice nor longer than thirty minutes on the same day 
on the same subject without leave of the Senate, and when two 
or more Senators rise at once the President shall name the Senator 
who is first to speak. 

12. Every Senator who shall be within the bar of the Senate 
when the question is stated by the chair shall vote thereon, unless 
he shall be excused by the Senate or unless he be directly in- 
terested in the question; and the bar of the Senate shall include 
the entire Senate Chamber. 

13. When a motion to adjourn or for recess shall be affirma- 
tively determined, no member or officer shall leave his place until 
adjournment or recess shall be declared by the President. 



22 Legislative Department 

Standing Committees 

14. The following committees shall be named by the Lieutenant- 
Governor: 

On Agriculture. 

On Appropriations. 

On Banks and Currency. 

On Claims. 

On Commerce. 

On Congressional Districts. 

On Constitutional Amendments. 

On Corporation Commission. 

On Corporations. 

On Counties, Cities, and Towns. 

On Distribution of Governor's Message. 

On Education. 

On Election Law. 

On Engrossed Bills. 

On Federal Relations. 

On Finance. 

On Fish, Fisheries, and Shell-fish. 

On Caswell Training School. 

On Game Law. 

On Immigration. 

On Insane Asylums. 

On Institutions for the Blind. 

On Institutions for the Deaf. 

On Insurance. 

On Internal Improvements. 

On Journal. 

On Judicial Districts. 

On Judiciary, No. 1. 

On Judiciary, No. 2. 

On Manufacturing. 

On Military Affairs. 

On Mining. 

On Penal Institutions. 

On Pensions and Soldiers' Home. 

On Privileges and Elections. 

On Propositions and Grievances. 



Rules of the Senate 23 

On Public Health. 

On Public Roads. 

On Public Welfare. 

On Railroads. 

On Rules. 

On Salaries and Fees. 

On Senate Expenditures. 

On Senatorial Districts. 

15. Joint Committees 

On Library. 
On Printing. 

On Trustees of the University. 
On Consolidated Statutes. 
On Trustees State College. 

16. The Committee on Engrossed Bills shall examine all bills, 
amendments, and resolutions before they go out of the possession 
of the Senate, and make a report when they find them correctly 
engrossed: Provided, that when a bill is typewritten and has no 
interlineations therein, and has passed the Senate without amend- 
ment, it shall be sent to the House without engrossment, unless 
otherwise ordered. 

17. The Committee on Appropriations shall carefully examine 
all bills and resolutions appropriating or paying any moneys out 
of the State Treasury, except bills creating or increasing salaries, 
which shall be referred to the proper committee : Provided, said 
committee shall report to the Appropriations Committee the 
amount allowed, and keep an accurate record of the same and 
report to the Senate from time to time. 

18. Every report of the committee upon a bill or resolution 
which shall not be considered at the time of making the same, or 
laid on the table by a vote of the Senate, shall stand upon the 
general orders with the bill or resolution; and the report of the 
committee shall show that a majority of the committee were 
present and voted. 

19. That no committee shall be composed of more than nine 
members unless the Lieutenant-Governor shall, without objection 
from the Senate, appoint a greater number on any committee. 



24 Legislative Department 

On General Orders and Special Orders 

20. Any bill or other matter may be made a special order for a 
particular day or hour by a vote of the majority of the Senators 
voting, and if it shall not be completed on that day it shall be 
returned to its place on the Calendar, unless it shall be made a 
special. order for another day; and when a special order is under 
consideration it shall take precedence of any special order or sub- 
sequent order for the day, but such subsequent order may be taken 
up immediately after the previous special order has been disposed 
of. 

21. Every bill shall receive three readings previous to its being 
passed, and the President shall give notice at each whether it be 
the first, second, or third. After the first reading, unless a motion 
shall be made by some Senator, it shall be the duty of the President 
to refer the subject-matter to an appropriate committee. No bill 
shall be amended until it shall have been twice read. 

Proceedings When There Is Not a Quorum Voting 

22. If, on taking the question on a bill, it shall appear that a 
constitutional quorum is not present, or if the bill require a vote 
of a certain proportion of all the Senators to pass it, and it ap- 
pears that such number is not present, the bill shall be again 
read and the question taken thereon; if the bill fail a second time 
for the want of the necessary number being present and voting, 
th bill shall not be finally lost, but shall be returned to the 
Calendar in its proper order. 

Precedence of Motions 

23. When a question is before the Senate no motion shall be 
received except those herein specified, which motions shall have 
precedence as follows, viz: 

(1) For an adjournment. 

(2) To lay on the table. 

(3) For the previous question. 

(4) To postpone indefinitely. 

(5) To postpone to a certain day. 

(6) To commit to a standing committee. 



Rules op the Senate 25 

(7) To commit to a select committee. 

(8) To amend. 

(9) To substitute. 

24. The previous question shall be as follows: "Shall the main 
question be now put?" and until it is decided shall preclude all 
amendments and debate. If this question shall be decided in the 
affirmative, the "main question" shall be on the passage of the 
bill, resolution, or other matter under consideration; but when 
amendments are pending the question shall be taken up on such 
amendments, in their order, without further debate or amendment. 
However, any Senator may move the previous question and may 
restrict the same to an amendment or other matter then under 
discussion. If such question be decided in the negative, the main 
question shall be considered as remaining under debate. 

25. When a motion for the previous question is made and is 
pending, debate shall cease, and only a motion to adjourn or lay 
on the table shall be in order, which motion shall be put as fol- 
lows: adjourn, previous question, lay on the table. After a motion 
for the previous question is made, pending a second thereto, any 
member may give notice that he desires to offer an amendment to 
the bill or other matter under consideration; and after the pre- 
vious question is seconded such member shall be entitled to offer 
his amendment in pursuance of such notice. 

Other Questions to be Taken Without Debate 

26. The motions to adjourn and lay on the table shall be decided 
without debate, and the motion to adjourn shall always be in 
order when made by a Senator entitled to the floor. 

27. The respective .motions to postpone to a certain day, or to 
commit, shall preclude debate on the main question. 

28. All questions relating to priority of business shall be de- 
cided without debate. 

29. When the reading of a paper is called for, except petitions, 
and the same is objected to by any Senator, it shall be determined 
by the Senate without debate. 

30. Any Senator requesting to be excused from voting may 
make, either immediately before or after the vote shall have been 



26 Legislative Department 

called and before the result shall have been announced, a brief 
statement of the reasons for making such request, and the question 
shall then be taken without debate. Any Senator may explain his 
vote on any bill pending by obtaining permission of the President 
before the vote is put: Provided, that not more than three minutes 
shall be consumed in such explanation. 

Questions That Require a Two-Thirds Vote 

31. No bill or resolution on its third reading shall be acted on 
out of the regular order in which it stands on the Calendar, and no 
bill or resolution shall be acted upon on its third reading the 
same day on which it passed its second reading unless so ordered 
by two-thirds of the Senators present. 

32. No bill or resolution shall be sent from the Senate on the 
day of its passage except on the last day of the session, unless 
otherwise ordered by a vote of two-thirds of the Senators present. 

33. No bill or resolution, after being laid upon the table upon 
motion, shall be taken therefrom except by a vote of two-thirds of 
the Senators present. 

Decorum in Debate 

34. No remark reflecting personally upon the action of any 
Senator shall be in order in debate unless preceded by a motion or 
resolution of censure. 

35. When a Senator shall be called to order he shall take his 
seat until the President shall have determined whether he was 
in order or not; if decided to be out of order, he shall not proceed 
without the permission of the Senate; and every question of order 
shall be decided by the President, subject to an appeal to the Senate 
by any Senator; and if a Senator is called to order for words 
spoken, the words excepted to shall be immediately taken down in 
writing, that the President or Senate may be better able to judge 
of the matter. 

Miscellaneous Rules 

36. When a blank is to be filled, and different sums or times 
shall be proposed, the question shall be first taken on the highest 
sum or the longest time. 



Rules of the Senate 27 

37. When a question has been once put and decided, it shall 
be in order for any Senator who shall have voted in the majority 
to move a reconsideration thereof; but no piotion for the recon- 
sideration of any vote shall be in order after the bill, resolution, 
message, report, amendment, or motion upon which the vote was 
taken shall have gone out of the possession of the Senate; nor 
shall any motion for reconsideration be in order unless made on 
the same day or the next following legislative day on which the 
vote proposed to be reconsidered shall have taken place, unless the 
same shall be made by the Committee on Enrolled Bills for verbal 
or grammatical errors in the bills, when the same may be made at 
any time. Nor shall any question be reconsidered more than once. 

38. All bills and resolutions shall take their place upon the 
Calendar according to their number, and shall be taken up in regu- 
lar order, unless otherwise ordered. 

39. No smoking shall be allowed on the floor of the Senate 
Chamber during the sessions. 

40. Senators and visitors shall uncover their heads upon enter- 
ing the Senate Chamber while the Senate is in session, and shall 
continue uncovered during their continuance in the Chamber. 

41. No Senator or officer of the Senate shall depart the service 
of the Senate without leave, or receive pay as a Senator or officer 
for the time he is absent without leave. 

42. No person other than the executive and judicial officers of 
the State, members and officers of the Senate and House of Rep- 
resentatives, and ex-members shall be permitted within the Senate 
Chamber. 

43. No rule of the Senate shall be altered, suspended, or re- 
scinded except on a two-thirds vote of the Senators present: 
Provided, that this shall not apply to Rule 55. 

44. In case a less number than a quorum of the Senate shall 
convene, they are authorized to send the doorkeeper, or any other 
person, for any or all absent Senators, as a majority of the 
Senators present shall determine. 

45. The ayes and noes may be called for on any question be- 
fore the vote is taken, and if seconded by one-fifth of the Senators 
present, the question shall be decided by the ayes and noes, and 
the same shall be entered upon the Journal. 



28 Legislative Department 

46. The President of the Senate, whenever it shall appear to 
him to be necessary in order to expedite the public business, shall 
appoint clerks to such Senate committees as may be in need of 
same. 

47. Every bill introduced into the Senate shall be printed or 
typewritten. Amendments need not be typewritten. 

48. The Clerk of the Senate shall provide a box of sufficient 
size, with an opening through the top, for the reception of bills; 
such box" shall be kept under lock and key and shall be stationed on 
the Clerk's desk. The President of the Senate shall have in his 
charge and keeping the key to such box. All bills which are to be 
introduced into the Senate shall be deposited in such box before 
the session begins. At the proper time the President shall open the 
box and take therefrom the bills. Such bills shall be read by their 
titles, which reading shall constitute the first reading of the bill, 
and unless "otherwise disposed of shall be referred to the proper 
committee. A bill may be introduced by unanimous consent at any 
time during the session. 

49. The Chief Engrossing Clerk of the Senate shall appoint, 
with the approval of the President of the Senate, as his assistants 
not more than four competent stenographers and typewriters. 
Should the public business require more than this number the 
presiding officer may appoint such additional ones as may be 
necessary. Such stenographers and typewriters shall wox-k under 
the direction and supervision of the Engrossing Clerk. They shall 
also make for the members who introduce a bill, without extra 
cost, one original and two carbon copies of all bills. 

50. The Journal of the Senate shall be typewritten in duplicate, 
original and carbon, the original to be deposited in the office of the 
Secretary of State as the record, and the other (carbon) copy to 
be delivered to the State Printer. 

51. All bills and resolutions reported unfavorably by the com- 
mittee to which they were referred, and having no minority re- 
port, shall lie upon the table, but may be taken from the table and 
placed upon the Calendar at the request of any Senator. 

52. That in case of adjournment without any hour being 
named, the Senate shall reconvene the next legislative day at 11 
o'clock a. m. 

53. When a bill is materially modified or the scope of its ap- 
plication extended or decreased, or if the county or counties to 



Rules of the Senate 29 

which it applies be changed, the title of the bill shall be changed 
by the Senator introducing the bill or by the committee having 
it in charge, or by the Engrossing Clerk, so as to indicate the full 
purport of the bill as amended and the county or counties to which 
it applies. 

54. It shall be the duty of the Principal Clerk to furnish to the 
presiding officer and the members of the Senate all necessary 
stationery, which shall be provided for out of the funds set apart 
for the expenses of the General Assembly. 

55. After a bill has been tabled or has failed to pass on any 
of its readings, the contents of such bill or the principal provisions 
of its subject-matter shall not be embodied in any other measure. 
Upon the point of order being raised and sustained by the Chair, 
such measure shall be laid upon the table, and shall not be taken 
therefrom except by a vote of two-thirds of the elected membership 
of the Senate; Provided, no local bill shall be held by the Chair 
as embodying the provisions, or being identical with any State- 
wide measure which has been laid upon the table or failed to pass 
any of its readings. 

56. That in the event of the absence of the President of the 
Senate and the President pro tempore, at any time fixed for the re- 
convening of the Senate, the Principal Clerk of the Senate, or, in 
his absence also, some member of the Senate Committee on Rules 
shall call the Senate to order and designate some member to act 
as President. 

57. Whenever a public bill is introduced, a carbon copy thereof 
shall accompany the bill. On the same day that such public bill 
is introduced the Chief Clerk shall deliver the carbon copy to the 
Public Printer and cause four hundred (400) copies thereof to 
be printed. On the morning following the delivery of the printed 
copies the Chief Clerk shall cause the Chief Page to have a copy 
thereof put upon the desk of each member and then retain the 
other printed copies in his office. A sufficient number for the 
use of the committee to whom the bill is referred shall be by the 
Chief Clerk delivered to the chairman or clerk of the committee. 
If the bill is passed, the remaining copies shall be by the Chief 
Clerk delivered to the Chief Clerk of the House of Representatives, 
for the use of the House of Representatives. No committee shall 



30 Legislative Department 

consider or report any public bill until after the same shall have 
been printed as herein provided for. In the event the member in- 
troducing the bill and the Chief Clerk shall differ as to whether 
it is a public bill, the question shall be left to the decision of the 
President of the Senate whose decision shall be final. The cost of 
printing as herein provided for shall be paid from the contingent 
fund of the Senate. 



STANDING COMMITTEES OF THE SENATE 

Agriculture. Senators Scott, chairman; Hobbs, Clark of Edge- 
combe, Hester, Lawrence, McQueen, Blue, Tapp, Gregory, Make- 
peace. 

Appropriations. Senators Tapp, chairman; Higgins, Johnson of 
Robeson, Gregory, Smith of Stanly, Beam, Blue, Broughton, Clark 
of Edgecombe, Gay, Blount, Brawley, Martin, Ward, Weaver, 
Duncan, Millner, Reynolds. 

Banks and Currency. Senators Wood, chairman, Gregory, 
Broughton, Clark of Edgecombe, Blount, Haywood, Johnson of 
Robeson, Smith of Stanly, Tapp, Price, Higgins, Duncan, Joyce, 
Scott. 

Caswell Training School. Senators Gregory, chairman; Ward, 
Tapp, Blount, Makepeace, Hester, Scott, Ivey, Rhyne, Plemmons. 

Claims. Senators Gay, chairman; Brawley, Blue, Broughton, 
Johnson of Robeson, Price, Tapp, Ward, Whedbee, Wood, Weaver, 
Sigmon, Reynolds. 

Commerce. Senators Johnson of Pender, chairman; Clark of 
Mecklenburg, Broughton, McMullan, Whedbee, Beam, Cranford, 
Alderman, Gravely, Peel, Lawrence, Ivey, Joyce. 

Congressional Districts. Senators Brount, chairman; Brawley, 
Galloway, Gay, Haywood, Hobbs, Johnson of Robeson, Rhyne, 
Plemmons, Ward. 

Consolidated Statutes. Senators McQueen, chairman; Blount, 
Canaday, Johnson of Pender, Martin, MacKethan, Person, Whed- 
bee, Smith of Stanly, Raymer, Williams. 



Standing Committee op the Senate 31 

Constitutional Amendments. Senators McMullan, chairman; 
McQueen, MacKethan, Canaday, Clark of Mecklenburg, Galloway, 
Gay, Higgins, Johnson of Robeson, Lawrence, Joyce, Millner. 

Corporations. Senators Gravely, chairman; Whedbee, Blount, 
Bridger, Cranford, Gay, Gregory, Hobbs, Johnson of Robeson, 
Person, Williams, Sigmon, Smith of Rowan, Reynolds, Beam. 

Corporation Commission. Senators Bridger, chairman; Blount, 
Broughton, Cranford, Gay, Haywood, Hobbs, Martin, Price, Wood, 
Sigmon, Reynolds. 

Counties, Cities and Towns. Senators Clark of Edgecombe, 
chairman; Galloway, Canaday, Smith of Stanly, Johnson of 
Pendar, Beam, Martin, McMullan, Peel, Tapp, Ward, Weaver, 
Duncan, Raymer, McQueen. 

Courts and Judicial Districts. Senators Clark of Mecklenburg, 
chairman; Blount, Brawley, Canaday, Clark of Edgecombe, Gay, 
Gravely, Martin, Peel, Smith of Stanly, Womble, Duncan, Rhyne. 

Distribution of the Governor's Message. Senators Hester, chair- 
man; Gregory, Blount, Galloway, Wood, Beam, Clai'k of Meck- 
lenburg, Scott, Sigmon, Plemmons, Joyce. 

Education. Senators Blue, chairman; Broughton, Johnson of 
Robeson, Gregory, Smith of Stanly, Beam, Womble, Alderman, 
Blount, McMullan, Bridger, Higgins, Gravely, Makepeace, Gay, 
Brawley, Galloway, Weaver, Duncan, Martin, Price. 

Election Law. Senators Higgins, chairman ; Peel, Beam, Mc- 
Mullan, Tapp, Johnson of Pender, Canaday, Smith of Stanly, 
Martin, Clark of Edgecombe, Rhyne, Johnson of Robeson. 

Engrossed Bills. Senators Galloway, chairman; Alderman, 
Blue, Burnett, Canaday, Peel, Smith of Rowan, Smith of Stanly, 
Gay, Hobbs. 

Enrolled Bills. Senators Ward, chairman; Scott, Gregory, 
Canaday, Hobbs, Martin, Beam, McQueen, Gay, Smith of Rowan, 
Sigmon, Burnett. 

Federal Relations. Senators Person, chairman; Scott, Brough- 
ton, Clark of Mecklenburg, McMullan, Peel, Johnson of Robeson, 
Whedbee, Raymer, Williams, Duncan. 

Finance. Senators Womble, chairman; Blue, Bridger, Price, 
Canaday, Clark of Mecklenburg, Cranford, Gravely, Haywood, 
Hester, Hobbs, Lawrence, Makepeace, McMullan, Person, Scott, 
Tapp, Whedbee, Wood, Raymer, Williams, McQueen. 



32 Legislative Department 

Fish and Fisheries. Senators Lawrence, chairman; Whedbee, 
Blount, Bridger, Clark of Mecklenburg, Cranford, Galloway, 
Johnson of Pender, McMullan, Person, Tapp, Raymer, Wood, 
Williams. 

Game Laws. Senators Cranford, chairman; Brawley, Martin, 
Whedbee, Smith of Stanly, Higgins, Johnson of Pender, Gay, 
Duncan, Millner. 

Immigration. Senators Beam, chairman; Cranford, Galloway, 
Haywood, Smith of Stanly, Price, Ward, Womble, Williams, 
Raymer, Weaver. 

Insane Asylums. Senators Peel, chairman; Clark of Edgecombe, 
Smith of Stanly, Tapp, Beam, Bridger, Cranford, Haywood, 
Martin, Ward, Ivey, Millner, Wood, Blue. 

Institutions for the Blind. Senators Alderman, chairman; Blue, 
Galloway, Gregory, Haywood, Makepeace, McMullan, McQueen, 
Person, Price, Reynolds, Wood, Williams, Smith of Rowan. 

Institutions for Deaf. Senators Hester, chairman; Beam, 
Bridger, Broughton, Gravely, Hobbs, Lawrence, Person, Wood, 
Millner, Plemmons. 

Insurance. Senators Canaday, chairman; MacKethan, Hay- 
wood, Clark of Mecklenburg, Cranford, Galloway, Gay, Gregory, 
Hester, Rhyne, Plemmons, Sigmon, Johnson of Robeson. 

Internal Improvements. Senators Ward, chairman; Wood, 
Womble, Whedbee, McQueen, Martin, Makepeace, Hobbs, Hester, 
Haywood, Rhyne, Smith of Rowan, Ivey. 

Journal. Senators Johnson of Pender, chairman; Beam, Cana- 
day, Cranford, Gay, Gravely, Hester, Joyce, Plemmons, Rhyne. 

Judiciary No. 1. Senators Broughton, chairman; Brawley, 
Canaday, Clark of Mecklenburg, Person, MacKethan, Lawrence, 
Ward, Higgins, Galloway, Peel, Johnson of Robeson, Sigmon, 
Weaver. 

Judiciary No. 2. Senators Blount, chairman; McMullan, John- 
son of Pender, Smith of Stanly, Womble, Gay, Martin, McQueen, 
Whedbee, Duncan, Raymer, Williams, Reynolds. 



Standing Committee of the Senate 33 

Library. Senators Alderman, chairman; Bridger, Clark of 
Mecklenburg; Gregory, Lawrence, MacKethan, Ward, Whedbee, 
Ivey, Duncan. 

Manufacturing. Senators Beam, chairman; Haywood, Blue, 
Clark of Mecklenburg, Cranford, Galloway, Gravely, Hester, 
Makepeace, Millner, Reynolds, Smith of Stanly. 

Military Affairs. Senators MacKethan, chairman; Clark of 
Mecklenburg, Gay, Johnson of Pender, Peel, Smith of Stanly, 
Ward, Higgins, Ivey, Duncan. 

Mining. Senators McQueen, chairman; Galloway, Wood, Beam, 
Womble, Price, Haywood, Millner, Sigmon, Joyce. 

Penal Institutions. Senators Brawley, chairman; Smith of 
Stanly, Beam, Alderman, Blue, Bridger, Gregory, McQueen, Ward, 
Clark of Edgecombe, Makepeace, Clark of Mecklenburg, Burnett, 
Reynolds, Rhyne, Plemmons. 

Pensions and Soldiers' Home. Senators Hobbs, chairman; 
Alderman, Beam, Blue, Bridger, Burnett, Galloway, Hester, Joyce, 
MacKethan, Person, Price, Scott, Weaver. 

Printing. Senators Price, chairman; Alderman, Clark of 
Mecklenburg, Gay, Haywood, Hester, Johnson of Pender, Mac- 
Kethan, McMullan, Tapp, Wood, Burnett, Reynolds, Smith of 
Rowan. 

Privileges and Elections. Senators Brawley, chairman; Peel, 
Person, Johnson of Pender, Johnson of Robeson, Lawrence, 
Higgins, Bridger, McMullan, Blount, Smith of Rowan, Rhyne. 

Propositions and Grievances. Senators Person, chairman; 
Brawley, Bridger, Broughton, Cranford, Galloway, Hobbs, Johnson 
of Robeson, Lawrence, Makepeace, Price, Raymer, Reynolds, Ward. 

Public Health. Senators Haywood, chairman; Canaday, Wom- 
ble, Lawrence, Blount, Cranford, Brawley, Galloway, Peel, Clark 
of Edgecombe, Gravely, Ivey, Weaver, Duncan, Raymer. 

Public Roads. Senators Smith of Stanly, chairman; Johnson 
of Robeson, Johnson of Pender, Canaday, Gravely, Bridger, Gay, 
Gregory, Makepeace, Lawrence, McMullan, Peel, Tapp, Wood, 
Smith of Rowan, Plemmons, Price, Ward, Galloway, Brawley, 
Clark of Mecklenburg. 

Public Welfare. Senators Martin, chairman; Blount, Alderman, 
Brawley, MacKethan, Makepeace, Womble, Higgins, Gravely, 
Millner, Weaver. 



34 Legislative Department 

Railroads. Senators Whedbee, chairman; Wood, Womble, Ward, 
Tapp, Scott, Price, Peel, Makepeace, Haywood, Smith of Rowan, 
Sigmon. 

Rules. Senators Johnson of Robeson, chairman; Blount, Blue, 
Womble, Broughton, Brawley, Smith of Stanly, Person, Clark of 
Edgecombe, Tapp, Bridger. 

Salaries and Fees. Senators Makepeace, chairman; Blount, 

Canaday, Clark of Edgecombe, Gregory, Higgins, Johnson of 

Robeson, Martin of Davidson, McMullan, Womble, Williams, 
Sigmon. 

Senate Expenditures. Senators Galloway, chairman; Clai'k of 
Edgecombe, Alderman, Tapp, Beam, Bridger, Canaday, Gravely, 
Gregory, Higgins, Ivey, Joyce, 

Senatorial Apportionment. Senators McMullan, chairman; Gay, 
Clark of Edgecombe, Smith of Stanly, Beam, Makepeace, Mac- 
Kethan, Tapp, Burnett, Plemmons. 

Trustees of the State College. Senators Johnson of Robeson, 
chairman; Scott, Broughton, Hester, Blue, Canaday, Peel, Ivey, 
Johnson of Pender, Lawrence. 

Trustees of University. Senators Gregory, chairman; Whedbee, 
Clark of Mecklenburg, Person, Smith of Stanly, Higgins, Martin, 
McMullan, Brawley, Peel, Weaver. 



OFFICERS AND MEMBERS OF THE HOUSE 
OF REPRESENTATIVES 



OFFICERS 

A. H. Graham Speaker Orange 

Alex Lassiter Principal Clerk Bertie 

John D. Bebby Reading Clerk Wake 

C. M. Higqins Sergeant-at-arms _ ..Rowan 

John A. Lisk Assistant Sergeant-at-Arms__Mongomery 

Miss Rosa B. Mund Engrossing Clerk Cabarrus 



REPRESENTATIVES 
(Alphabetically Arranged) 



Name 




Alexander, Dr. S. A.. 
Andrews, Wiley W.__ 
Armstrong, C. P 



Baucom, A. V 

Bender, R. P.... 
Bernard, H 

Biggerstaff, George . . 
Black, Sam 

Blair, John B 

Boren, Norman, A 

Bost, Luther, H 

Boswell, Rev. R. H... 

Boyd, J. R 

Brinson, F. C 

Brock, Geo. F 

Brooks, E. C, Jr 

Bruton, T. Wade... 

Burke, Harold 

Butler, John S._ 
Byrd, J. McKay. __ 



Carpenter, Carl G. 

Carr, Dr. R. L 

Costen, T. W 

Cowles, Chas. H... 

Cox, Dr. B. T 

Cox, C. N __ 

Cox, R. M 

Craigmiles, J. G 

Crudup, John B.I 



Darden, John W. 
Davis, Qeo. E 



Eaker, Chas. L 

Edwards, Dr. J. D._ 
Etheridge, R. Bruce. 

Eure, Thad A 

Everett, A. J. 
Ewing, W. C. 



Union.. 
Wayne. 
Gaston. 



Flanagan, E. G. 
Flynt, Geo. W. 



Wake 

Jones 

Surry 

Rutherford. . 

Cabarrus 

Guilford 

Guilford.. _. 

Stanly 

Wilson 

Haywood 

Pamlico 

Graham 

Durham 

Montgomery. 

Alexander 

Robeson 

Harnett 



Gaston 

Duplin 

Gates 

Wilkes. __ 

Pitt 

Randolph. 
Forsyth.. 
Mitchell- 
Vance 



Washington. 
Hyde 



Lincoln 

Chatham 

Dare 

Hertford . . 
Martin. _ 
Cumberhm. 



Democrat.. 
Democrat.. 
Republican . 

Democrat.. 
Democrat. . 
Republican. 
Democrat. . 
Democrat. . 
Republican. 
Democrat.. 
Democrat. . 
Deniocrat . . 
Democrat. . 
Democrat. . 
Republican. 
Democrat. . 
Democrat.. 
Democrat . . 
Democrat. . 
Republican. 

Republican. 
Democrat. . 
Democrat. _ 
Republican. 
Democrat. . 
Republican. 
Democrat. . 
Republican. 
Democrat.. 

Democrat. _ 
Democrat. _ 

Republican _ 
Democrat . . 
Democrat.. 
Democrat. . 
Democrat- . 
Democrat.. 



Postoffice 



Pitt Democrat. 

Forsyth | Democrat. 



Monroe, N. C. 
Goldsboro, N. C. 
Belmont, N. C. 

Apex, N. C. 
MocksviUe, N. C. 
Pilot Mountain, N. C. 
Rutherfordton, N. C. 
Harrisburg, N. C, No. 2 
High Point, N. C. 
Greensboro, N. C. 
Albemarle, N. C. 
Wilson, N. C. 
Waynesville, N. C. 
Bayboro, N. C. 
Robbinsville, N. C. 
Durham, N. C. 
Troy, N. C. 
Taylors ville, N. C. 
St. Pauls, N. C. 
Coats, N. C. 

Bessemer City, N. C. 
Rosehill, N. C. 
Gatesville, N. C. 

Wilkesboro 

Winterville, N. C. 
Asheboro, N. C. 
Winston-Salem, N. C. 
Bakersville, B. C. 
Henderson, N. C. 

Plymouth, N. C. 
Lake Landing, N. C. 

Cherry ville, N. C. 
Siler City, N. C. 
Manteo, N. C. 
Winton, N. C. 
Palmyra, N. C. 
Fayetteville, N. C. 

Greenville, N. C. 
Winston-Salem, N. C. 



36 



Legislative Department 



REPRESENTATIVES— Continued 



Name 




Postoffice 



Gill, E. M -. 

Graham, A. H 

Grant, A. T., Jr 

Grantham, T. A 

Gwynn, P. H. 

Halstead, W. I._ 

Hamlin, L. P. 

Hancock, F. W., Jr... 

Hanes, R. M 

Hargett, Fred W. Jr... 

Harris, R. L 

Hart, Dr. J. E 

Hawkins, Ernest 

Herbert, John C 

Hewett, D. L 

Hill, John Bright 

Hines, J. L 

Hobbs, Graham, K 

Hood, Gurney P 

Hutchins, Chas 

Hutchins, H. F 

Hutchins, J. H 

Jackson, H. M 

Jones, D. M -- 

Johnson, D. Mac 

Johnson, E. R 

Johnson, Dr. J. B 

Johnston, Julius 

Kerr, John H. Jr 

Klutz, L. F. 

Leavitt Halsey B 

Lowe, J. S. 

Lumpkin, W. L. 

MacLean, Angus D 

McGee, Curtis 

McNiell, P. T 

Morgan, W. F. 

Moss, O. B. 

Mull, J. M. 

Mull, O. M. 

Moye, J. C 

Nash, M. W 

Norwood, W. J 

Poole, D. S 

Porter, J. A 

Price, W. E 

Pruden, W. D... 

Ragan, A. Homer 

Raynor, James 

Readling, J. B. 

Rivers, R. C 

Rogers, Carroll P 

Rose, W. C 

Shaw, John D 



Scotland 

Orange 

Davie 

Craven 

Rockingham 

Camden 

Transylvania 

Granville 

Forsyth 

Onslow 

Person 

Anson 

Cherokee 

Clay 

Brunswick 

New Hanover 

Sampson 

New Hanover 

Wayne 

Yancey 

Johnston 

Madison 

Lee 

Carteret 

Halifax 

Currituck 

McDowell 

Caswell 

Edgecombe 

Catawba 

Buncombe 

Alamance 

Franklin 

Beaufort 

Stokes 

Ashe 

Perquimans 

Nash 

Burke 

Cleveland 

Greene 

Richmond 

Halifax.. 

Hoke 

Macon 

Mecklenburg 

Chowan 

Davidson 

Johnston 

Mecklenburg 

Watauga 

Polk,. 

Rowan 

Mecklenburg . 



Democrat.. 
Democrat. . 
Republican. 
Democrat.. 
Republican. 

Democrat. . 
Republican. 
Democrat.. 
Democrat. . 
Democrat.. 
Democrat. . 
Democrat. . 
Republican. 
Republican. 
Republican. 
Democrat. . 
Republican. 
Democrat. . 
Democrat.. 
Democrat. _ 
Republican. 
Republican. 

Democrat. . 
Republican. 
Democrat.. 
Democrat.. 
Democrat.. 
Democrat. . 

Democrat.. 
Republican. 

Republican. 
Democrat.. 
Democrat.. 

Democrat.. 
Republican . 
Democrat.. 
Democrat.. 
Democrat- . 
Republican . 
Democrat.. 
Democrat.. 

Democrat. . 
Democrat.. 

Democrat. _ 
Democrat. . 
Democrat.. 
Democrat- . 

Republican. 
Republican. 
Democrat. . 
Democrat. . 
Democrat. . 
Republican. 

Democrat. . 



Laurinburg, N. C. 
Hillsboro, N. C. 
Mocksville, N. C. 
New Bern, N. C. 
Leaksville, N. C. 

South Mills, N. C. 
Brevard, N. C. 
Oxford, N. C. 
Winston-Salem, N. C. 
Jacksonville, N. C. 
Roxboro, N. C. 
Wadesboro, N. C. 
Murphy, N. C. 
Havesville, N. C. 
Shallotte, N. C. 
Wilmington, N. C. 
Turkey, N. C. 
Wilmington, N. C, 
Goldsboro, N. C. 
Burnsville, N. C. 
Selma, N. C. 
Marshall, N. C. 

Sanford, N. C. 
Beaufort, N. C. 
Enfield, N. C. 
Currituck, N. C. 
Old Fort, N. C. 
Yanceyville, N. C. 

Rocky Mount, N. C. 
Newton, N. C. 

Asheville, N. C. 
Burlington, N. C. 
Franklin, N. C. 

Washington, N. C. 
Germanton, N. C. 
Jefferson, N. C. 
Winfall, N. C. 
Spring Hope 
Morganton, N. C. 
Shelby, N. C. 
Snow Hill, N. C. 

Hamlet, N. C. 
Roanoke Rapids, N. C. 

Raeford, N. C. 
Franklin, N. C. 
Charlotte, N. C. 
Edenton, N. C. 

Thomasville, N. C. 
Benson, N. C. 
Cornelius, N. C. 
Boone, N. C. 
Tryon, N. C. 
Enochville, N. C. 

Charlotte, N. C. 



Members of House of Representatives 



37 



REPRESENTATIVES— Continued 



Name 


County 


Party 


Postoffice 


Smith, Willis - 


Wake . ... 


Democrat.. 
Republican. 
Democrat.. 
Democrat. . 
Independent 
Democrat. . 

Democrat.. 
Republican. 
Democrat.. 
Democrat.. 

Democrat.. 

Republican. 

Democrat.. 
Republican. 
Democrat.. 
Republican . 
Democrat.. 
Republican. 
Democrat.. 
Democrat.. 
Democrat.. 
Democrat. _ 
Democrat.. 
Republican . 

Democrat.. 
Republican. 
Democrat.. 


Raleigh, N. C. 


Smith, W. H 


Moore 




Spence, U. L. . 


Carthage, N. C. 


Stephenson, J. B. 


Northampton 

Caldwell 

Lenoir 


Severn, N. C. 


Suttlemyre, Garland .. 

Sutton, F. I 


Granit Falls, N. C. 
Kinston, N. C. 


Tatem, C. W 


Tyrrell 

Rowan 


Columbia, N. C. 


Taylor, Hugh E._ 


China Grove, N C. 


Transou, Eugene . 


Alleghany 

Iredell.. 


Sparta, N. C. 


Turner, D. E. 


Mooresville, N. C. 


Upchurch, J. Sherwood 

Vance, David T.. 


Wake 


Raleigh, N. C. 


Avery 


Plumtree . 


Wells, J. T. 


Pender 


Atkinson, N. C. 


Wetmur, F. S 


Henderson . 

Robeson . 

Yadkin 


Henderson ville, N. C. 


White, A. E _ 


Lumberton, N. C. 


White, G. T. 


Hamptonville, N. C. 


Williams, B.B 


Warren 

Swain 


Warrenton, N. C. 


Williams, O. P. 


Bryson City, N. C. 


Williamson, H. L 


Bladen 


Elizabethtown, N. C. 




Columbus 

Pasquotank 

Bertie 


Cerro Gordo, N. C. 


Wilson, J. K.. 


Elizabeth City, N. C. 




Windsor, N. C. 


Woodward, W. C. 


Nash . 


Rocky Mount, N. C. 


Wray, William B 


Rockingham 

Guilford 

Buncombe 

Durham 


Reidsville, N. C. 


Younce, Geo. A. 


Greensboro, N. C. 


Young, Don C 


Asheville, N. C. 


Young, Victor V 


Durham, N. C. 







REPRESENTATIVES 

(Arranged by Counties) 

Alamance — J. S. Lowe, Burlington (R). 
Alexander — Harold Burke, Taylorsville (D). 
Alleghany — Eugene Transou, Sparta (D). 
Anson — Dr. J, E. Hart, Wadesboro (D). 
Ashe— P. T. McNeill, W. Jefferson (D). 
Avery — David T. Vance, Plumtree (R). 
Beaufort — A. D. MacLean, Washington (D). 
Bertie — Francis D. Winston, Windsor (D). 
Bladen — H. L. Williamson, Elizabethtown (D). 
Brunswick — Rev. D. L. Hewett, Shallotte (R). 
Buncombe — Don C. Young, Asheville (R) ; Halsey B. Leavitt, 
Asheville (R). 



38 Legislative Department 

Burke — J. M. Mull, Morganton (R). 

Cabarrus— Sam Black, Harrisburg, R. F. D. 2 (D). 

Caldwell — Garland Suttlemyre, Granite Falls (Ind.). 

Camden— W. I. Halstead, South Mills (D). 

Carteret — D. M. Jones, Beaufort (R). 

Caswell — Julius Johnston, Yanceyville (D). 

Catawba— L. F. Klutz, Newton (R). 

Chatham — Dr. J. D. Edwards, Siler City (D). 

Cherokee — Ernest Hawkins, Murphy (R). 

Chowan— W. D. Pruden, Edenton (D). 

Clay — John C. Herbert, Hayesville (R). 

Cleveland— O. M. Mull, Shelby (D). 

Columbus — J. R. Williamson, Cerro Gordo (D). 

Craven — T. A. Grantham, New Bern (D). 

Cumberland — W. C. Ewing, Fayetteville (D). 

Currituck — E. R. Johnson, Currituck (D). 

Dare — R. Bruce Etheridge, Manteo (D). 

Davidson — A. Homer Ragan, Thomasville (R). 

Davie — A. T. Grant, Jr., Mocksville (R). 

Duplin— Dr. R. L. Carr, Rose Hill (D). 

Durham — E. C. Brooks, Jr., Durham (D) ; Victor V. Young, 

Durham (D). 
Edgecombe — John H. Kerr, Jr., Rocky Mount (D). 
Forsyth — R. M. Cox, Winston-Salem (D) ; R. M. Hanes, Winston 

(D); Geo. W. Flynt, Winston-Salem (D). 

Franklin — W. L. Lumpkin, Franklinton (D). 

Gaston— Carl G. Carpenter, Bessemer City (R) ; C. P. Arm- 
strong, Belmont (R). 

Gates— T. W. Costen, Gatesville (D). 

Graham — Geo. F. Brock, Brock (R). 

Granville— F. W. Hancock, Jr., Oxford (D). 

Greene — J. C. Moye, Snow Hill (D). 

Guilford — George A. Younce, Greensboro (D) ; Norman A. 
Boren, Greensboro (D) ; John B. Blair, High Point (R). 



Members op House of Representatives :*>!> 

Halifax — W. J. Norwood, Roanoke Rapids (P) ; D. Mac 
Johnson, Enfield (D). 

Harnett — J. McKay Byrd, Coats (R). 

Haywood — J. R. Boyd, Waynesville (D). 

Henderson — F. S. Wetmur, Hendersonville (R). 

Hertford— Thad A. Eure, Winton (D). 

Hoke—D. S. Poole, Raeford (D). 

Hyde — Geo. E. Davis, Lake Landing (D). 

Iredell — D. E. Turner, Mooresville (D). 

Jackson — W. H. Smith, Cowarts (R). 

Johnston — James Raynor, Benson (R) ; Rev. H. F. Hutchins, 
Selma (R). 

Jones — R. P. Bender, Pollocksville (D). 

Lee — H. M. Jackson, Sanford (D). 

Lenoir — F. I. Sutton, Kinston (D). 

Lincoln — Chas. L. Eaker, Cherry ville, R. No. 1 (R). 

Macon — J. A. Porter, Franklin (D). 

Madison — Dr. J. H. Hutchins, Marshall (R). 

Martin — J. A. Everett, Palmyra (D). 

McDowell— Dr. J. B. Johnson, Old Fort (D). 

Mecklenburg — W. E. Price, Charlotte (D) ; John D. Shaw, Char- 
lotte (D) ; J. B. Readling, Cornelius (D). 

Mitchell— J. B. Craigmiles, Bakersville (R). 

Montgomery — T. Wade Bruton, Troy (D). 

Moore — U. L. Spence, Carthage (D). 

Nash—O. B. Moss, Spring Hope (D) ; W. C. Woodard, Rocky 
Mount (D). 

New Hanover — John Bright Hill, Wilmington (D) ; Graham K. 

Hobbs, Wilmington (D). 

Northampton — J. B. Stephenson, Severn (D). 

Onsloiv — Fred W. Hargett, Jr., Jacksonville (D). 

•Orange — A. H. Graham, Hillsboro (D). 

Pamlico — F. C. Brinson, Bayboro (D). 

Pasquotank — J. K. Wilson, Elizabeth City (D). 

Pender— 3. T. Wells, Atkinson (D). 



40 Legislative Department 

Perquimans — W. F. Morgan, Winfall (D). 
Person — R. L. Harris, Roxboro (D). 

Pitt— Dr. B. T. Cox, Winterville (D) ; E. G. Flanagan, Green- 
ville (D). 

Polk— Carroll P. Rogers, Tryon (D). 

Randolph — C. N. Cox, Asheboro (R). 

Richmond — M. W. Nash, Hamlet (D). 

Robeson — A. E. White, Lumberton (D) ; John S. Butler, St. 

Pauls (D). 
Rockingham — P. H. Gwynn, Leaksville (R) ; William B. Wray, 

Reidsville (R). 
Rowan — Hugh E. Taylor, China Grove (R) ; W. C. Rose, China 

Grove, R. F. D. (R). 
Rutherford — George Biggerstaff, Rutherfordton (D). 
Sampson — J. L. Hines, Turkey (R). 
Scotland — E. M. Gill, Laurinburg (D). 
Stanly — Luther H. Bost, Albemarle, R. 6 (D). 
Stokes — Curtis C. McGee, Germanton (R). 
Surry — Dr. Holman Bernard, Pilot Mtn. (R). 
Swain— 0. P. Williams, Bryson City (R). 

Transylvania — L. P. Hamlin, Brevard (R). 

Tyrrell— C. W. Tatem, Columbia (D). 

Union — Dr. S. A. Alexander, Monroe (D). 

Vance — John B. Crudup, Henderson (D). 

Wake— A. V. Baucom, Apex (D) ; Willis Smith, Raleigh (D) ; 
J. Sherwood Upchurch, Raleigh (D). 

Warren — B. B. Williams, Warrenton (D). 

Washington — John W. Darden, Plymouth (D). 

Watauga — R. C. Rivers, Boone (D). 

Wayne— Gurney P. Hood, Goldsboro (D) ; Wiley W. Andrews, 
Goldsboro (D). 

Wilkes— Chas. H. Cowles, Wilkesboro (R). 

Wilson—Rev. R. H. Boswell, Wilson (D). 

Yadkin — G. T. White, Hamptonville (R). 

Yancey— -Chas. Hutchins, Burnsville (D). 



Rules of the House of Representatives 41 

RULES OF THE HOUSE OF REPRESENTATIVES, 1929 

Touching the Duties of Speaker 

1. It shall be the duty of the Speaker to have the sessions of 
the House opened with prayer. 

2. He shall take the chair every day at the hour fixed by the 
House on the preceding legislative day, shall immediately call the 
members to order, and, on appearance of a quorum, cause the 
Journal of the preceding day to be approved. 

3. He shall preserve order and decorum, may speak to points 
of order in preference to other members, rising from his seat for 
that purpose, and shall decide questions of order, subject to an 
appeal to the House by any member, on which appeal no member 
shall speak more than once, unless by leave of the House. A 
two-thirds vote of the members present shall be necessary to 
sustain any appeal from the ruling of the Chair. 

4. He shall rise to put a question, but may state it sitting. 

5. Questions shall be put in this form, namely, "Those in favor 
(as the question may be) will say, 'Aye,' " and after the affirma- 
tive voice has been expressed, "Those opposed will say, 'No.' " 
Upon a call for a division, the Speaker shall count; if required, 
he shall appoint tellers. 

6. The Speaker shall have a general direction of the hall. He 
shall have a right to name any member to perform the duties of 
the Chair, but substitution shall not extend beyond one day, except 
in case of sickness or by leave of the House. 

7. All committees shall be appointed by the Speaker, unless 
otherwise specially ordered by the House. 

8. In all elections the Speaker may vote. In all other cases 
he may exercise his right to vote, or he may reserve this right 
until there is a tie; but in no case shall he be allowed to vote twice 
on the same question. 



42 Legislative Department 

9. All acts, addresses and resolutions, and all warrants and 
subpoenas issued by order of the House shall be signed by the 
Speaker. 

10. In ease of any disturbance or disorderly conduct in the 
galleries or lobby, the Speaker or other presiding officer shall have 
power to order the same to be cleared. 

11. No persons except members of the Senate, officers and 
clerks of the General Assembly, Judges of the Supreme and 
Superior Courts, State officers, former members of the General 
Assembly, and persons particularly invited by the Speaker shall 
be admitted within the hall of the House: Provided, that no person 
except members of the Senate and officers of the General Assembly 
shall be allowed on the floor of the House or in the lobby in the 
rear of the Speaker's desk, unless permitted by the Speaker of 
the House. 

12. Reporters wishing to take down debates may be admitted 
by the Speaker, who shall assign such places to them on the floor 
or elsewhere, to effect this object, as shall not interfere with the 
convenience of the House. 

13. Smoking shall not be allowed in the hall, the lobbies, or the 
galleries while the House is in session: Provided, that smoking may 
be permitted in the lobby in the rear of the Speaker's desk. 

Order of Business of the Day 

14. After the approval of the Journal of the preceding day, 
which shall stand . approved without objection, the House shall 
proceed to business in the following order, viz.: 

(1) The receiving of petitions, memorials, and papers addressed 
to the General Assembly or to the House. 

(2) Reports of standing committees. 

(3) Reports of select committees. 

(4) Resolutions. 

(5) Bills. 

(6) The unfinished business of the preceding day. 

(7) Bills, resolutions, petitions, memorials, messages, and other 
papers on the Calendar, in their exact numerical order, unless 



Rules of the Hof.se of Representatives 4;> 

displaced by the orders of the day; but messages and motions to 
elect officers shall always be in order. 

No member shall rise from his seat to introduce any petition, 
resolution or bill out of order unless he is permitted so to do by 
a suspension of the rules. 

On Decorum in Debate 

15. When any member is about to speak in debate or deliver 
any matter to the House, he shall rise from his seat and respect- 
fully address the Speaker. 

16. When the Speaker shall call a member to order, the mem- 
ber shall sit down, as also he shall when called to order by an- 
other member, unless the Speaker decides the point of order in his 
favor. By leave of the House a member called to order may clear 
a matter of fact, or explain, but shall not proceed in debate so long 
as the decision stands, but by permission of the House. Any mem- 
ber may appeal from the decision of the Chair, and if, upon appeal, 
the decision be in favor of the member called to order, he may 
proceed; if otherwise, he shall not, except by leave of the House; 
and if the case, in the judgment of the House, require it, he shall 
be liable to its censure. 

17. No member shall speak until recognized by the Chair, and 
when two or more members rise at the same time, the Speaker 
shall name the member to speak. 

18. No member shall speak more than twice on the main 
question, nor longer than thirty minutes for the first speech, 
unless allowed to do so by the affirmative vote of a majority of 
the members present; nor shall he speak more than once upon 
an amendment or motion to commit or postpone, and then not 
longer than ten minutes. But the House may, by consent of a 
majority, suspend the operations of this rule during any debate 
on any particular question before the House, or the Committee on 
Rules may bring in a special rule that shall be applicable to the 
debate on any bill. 

19. While the Speaker is putting any question, or addressing 
the House, no person shall speak, stand up, walk out of or cross 



44 Legislative Department 

the House, nor when a member is speaking entertain private dis- 
course, stand up, or pass between him and the Chair. 

20. No member shall vote on any question when he was not 
present when the question was put by the Speaker, except by the 
consent of the House. Upon a division and count of the House on 
any question, no member without the bar shall be counted. 

21. Every member who shall be in the hall of the House for 
the above pm-pose when the question is put shall give his vote 
upon a call of the ayes and noes, unless the House for special 
reasons shall excuse him, and no application to be excused from 
voting or to explain a vote shall be entertained unless made before 
the call of the roll. The hall of the House shall include the lobbies 
and offices connected with the hall. 

22. When a motion is made, it shall be stated by the Speaker, 
or, if written, it shall be handed to the Chair and read aloud by 
the Speaker or Clerk before debate. 

23. Every motion shall be reduced to writing, if the Speaker or 
any two members request it. 

24. After a motion is stated by the Speaker or read by the 
Clerk, it shall be deemed to be in possession of the House, but may 
be withdrawn before a decision or amendment, except in case of a 
motion to reconsider, which motion, when made by a member, 
shall be deemed and taken to be in possession of the House, and 
shall not be withdrawn without leave of the House. 

25. When a question is under debate no motion shall be received 
but to adjourn, to lay on the table, to postpone indefinitely, to 
postpone to a day certain, to commit or amend, which several 
motions shall have precedence in the order in which they stand 
arranged; and no motion to lay on the table, to postpone in- 
definitely, to postpone to a day certain, to commit or amend, being 
decided, shall be again allowed at the same stage of the bill or 
proposition. 

26. A motion to adjourn or lay on the table shall be decided 
without debate, and a motion to adjourn shall always be in order, 
except when the House is voting or some member is speaking; but 



Rules of the House of Representatives 45 

a motion to adjourn shall not follow a motion to adjourn until 
debate or some other business of the House has intervened. 

27. When a question has been postponed indefinitely, the same 
shall not be acted on again during the session, except upon a two- 
thirds vote. 

28. Any member may call for a division of the question, when 
the same shall admit of it, which shall be determined by the 
Speaker. 

29. When a motion has been once made and carried in the 
affirmative or negative, it shall be in order for any member of the 
majority to move for the reconsideration thereof, on the same or 
succeeding day, unless it may have subsequently passed the 
Senate, and no motion to reconsider shall be taken from the table 
except by a two-thirds vote. But unless such vote has been taken 
by a call of the yeas and nays, any member may move to reconsider. 

30. When the reading of a paper is called for, which has been 
read in the House, and the same is objected to by any member, it 
shall be determined by a vote of the House. 

31. Petitions, memorials, and other papers addressed to the 
House shall be presented by the Speaker; a brief statement of the 
contents thereof may be verbally made by the introducer before 
reference to a committee, but shall not be debated or decided on 
the day of their first being read, unless the House shall direct 
otherwise. 

32. When the ayes and noes are called for on any question, it 
shall be on motion before the question is put; and if seconded by 
one-fifth of the members present, the question shall be decided by 
the ayes and noes; and in taking the ayes and noes, or on a call of 
the House, the names of the members will be taken alphabetically. 

33. Decency of speech shall be observed and personal reflection 
carefully avoided. 

34. Any member may arise at any time to speak to a question 
of personal privilege, and upon objection to him proceeding, the 
Speaker shall determine if the question is one of privilege. 



46 Legislative Department 

35. Fifteen members, including the Speaker, shall be authorized 
to compel the attendance of absent members. 

36. No member or officer of the House shall absent himself 
from the service of the House without leave, unless from sickness 
or inability. 

37. Any member may excuse himself from serving on any 
committee if he is a member of two standing committees. 

38. If any member shall be necessarily absent on temporary 
business of the House when a vote is taken upon any question, 
upon entering the House he shall be permitted, on request, to vote, 
provided that the result shall not be thereby affected. 

39. No standing rule or order shall be rescinded or altered 
without one day's notice given on the motion thereof, and to sus- 
tain such motion two-thirds of the House shall be required. 

40. The members of the House shall uncover their heads upon 
entering the House while it is in session, and shall continue so 
uncovered during their continuance in the hall, except Quakers. 

41. A motion to reconsider shall be determined by a majority 
vote, except a motion to reconsider an indefinite postponement, or 
a motion to reconsider a motion tabling a motion to reconsider, 
which shall require a two-thirds vote. 

42. After a bill has been tabled or has failed to pass on any of 
its readings, the contents of such bill or the principal provisions or 
its subject-matter shall not be embodied in any other measure. 
Upon the point of order being raised and sustained by the Chair, 
such measures shall be laid upon the table, and shall not be taken 
therefrom except by a vote of two-thirds of the elected membership 
of the House: Provided, no local bill shall be held by the Chair as 
embodying the provisions or being identical with any state-wide 
measure which has been laid upon the table, or failed to pass any 
of its readings. 

Standing Committees 

43. At the commencement of the session a standing committee 
shall be appointed by the Speaker on each of the following sub- 
jects, namely: 



Rules of the House of Representatives 47 

On Agriculture. 

On Appropriations. 

On Banks and Banking. 

On Claims. 

On Commerce. 

On Congressional Districts. 

On Constitutional Amendments. 

On Corporation Commission. 

On Corporations. 

On Counties, Cities, and Towns. 

On Courts and Judicial Districts. 

On Education. 

On Election Laws. 

On Engrossed Bills. 

On Expenditures of the House. 

On Federal Relations. 

On Finance. 

On Fish and Fisheries. 

On Game. 

On Health. 

On Immigration. 

On Insane Asylums. 

On Institutions for the Blind. 

On Institutions for the Deaf and Dumb. 

On Insurance. 

On Internal Improvements. 

On the Journal. 

On Judiciary, No. 1. 

On Judiciary, No. 2. 

On Manufactures and Labor. 

On Military Affairs. 

On Mines and Mining. 

On Oyster Industry. 



48 Legislative Department 

On Penal Institutions. 

On Pensions. 

On Private and Public-Local Laws. 

On Privileges and Elections. 

On Propositions and Grievances. 

On Public Roads. 

On Public Welfare. 

On Regulation of Public-Service Corporations. 

On Rules. 

On Salaries and Fees. 

On Senatorial Districts. 

Joint Committees 

On Enrolled Bills. 
On Justices of the Peace. 
On Library. 
On Printing. 

On Public Buildings and Grounds. 
On Trustees of University. 
On Revision of the Laws. 

The first member announced on each committee shall be 
chairman. 

44. In forming a Committee of the Whole House, the Speaker 
shall leave the Chair, and a Chairman to preside in committee 
shall be appointed by the Speaker. 

45. Upon bills submitted to a Committee of the Whole House, 
the bill shall be first read throughout by the Clerk, and then again 
read and debated by sections, leaving the preamble to be last con- 
sidered. The body of the bill shall not be defaced or interlined, 
but all amendments, noting the page and line, shall be duly entered 
by the Clerk on a separate paper as the same shall be agreed to by 
the committee, and so reported to the House. After report, the bill 
shall again be subject to be debated and amended by sections before 
a question on its passage be taken. 



Rules of the House of Representatives 49 

46. The rules of procedure in the House shall be observed in a 
Committee of the Whole House, so far as they may be applicable, 
except the rule limiting the time of speaking and the previous 
question. 

47. In a Committee of the Whole House a motion that the com- 
mittee rise shall always be in order, except when a member is 
speaking, and shall be decided without debate. 

48. Every bill shall be introduced by motion for suspension of 
the rules, or by order of the House, or on the report of a commit- 
tee, unless introduced in regular order during the morning hour. 

49. All bills and resolutions shall be reported from the com- 
mittee to which referred, with such recommendation as the com- 
mittee may desire to make. 

50. Every bill shall receive three several readings in the House 
previous to its passage, and the Speaker shall give notice at each 
whether it be its first, second or third reading. 

51. Any member introducing a bill or resolution shall briefly 
endorse thereon the substance of the same. 

52. All bills and resolutions shall upon their introduction be 
referred by the Speaker, without suggestion from the introducer, 
to the appropriate committee. No bills shall be withdrawn from 
the committee to which referred except upon motion duly made 
and carried by a majority vote. 

53. The Clerk of the House shall keep a separate calendar of 
the public, local, and private bills, and shall number them in the 
order in which they are introduced, and all bills shall be disposed 
of in the order they stand upon the Calendar; but the Committee 
on Rules may at any time arrange the order of precedence in which 
bills may be considered. No bill shall be twice read on the same 
day without the concurrence of two-thirds of the members. 

54. All resolutions which may grant money out of the Treasury, 
or such as shall be of a public nature, shall be treated in all re- 
spects in a similar manner with public bills. 

55. The Clerk of the House shall be deemed to continue in office 
until another is appointed. 



50 Legislative Department 

56. On the point of no quorum being raised, the doors shall be 
closed and there shall be a call of the House, and upon a call of 
the House the names of the members shall be called over by the 
Clerk and the absentees noted, after which the names of the ab- 
sentees shall again be called over. Those for whom no excuse or 
sufficient excuses are made may, by order of those present, if 
fifteen in number, be taken into custody as they appear, or may 
be sent for and taken into custody wherever to be found by special 
messenger appointed for that purpose. 

Previous Question 

57. The previous question shall be as follows: "Shall the main 
question be now put?" and, until it is decided, shall preclude all 
amendments and debate. If this question shall be decided in the 
affirmative, the "main question" shall be on the passage of the bill, 
resolution or other matter under consideration; but when amend- 
ments are pending, the question shall be taken upon such amend- 
ments, in their order, without further debate or amendment. If 
such question be decided in the negative, the main question shall 
be considered as remaining under debate: Provided, that no one 
shall move the previous question except the member submitting the 
report on the bill or other matter under consideration, and the 
member introducing the bill or other matter under consideration, 
or the member in charge of the measure, who shall be designated 
by the chairman of the committee reporting the same to the House 
at the time the bill or other matter under consideration is reported 
to the House or taken up for consideration. 

When a motion for the previous question is made, and pending 
the second thereto by a majority, debate shall cease; but if any 
member obtains the floor, he may move to lay the matter under con- 
sideration on the table, or move an adjournment, and when both or 
either of these motions are pending the question shall stand: 

(1) Previous question. 

(2) To adjourn. 

(3) To lay on the table. 



Rules of the House of Representatives 51 

And then upon the main question, or amendments, or the motion 
to postpone indefinitely, postpone to a day certain, to commit, or 
amend, in the order of their precedence, until the main question is 
reached or disposed of; but after the previous question has been 
called by a majority, no motion, or amendment, or debate shall be 
in order. 

All motions below the motions to lay on the table must be made 
prior to a motion for the previous question; but, pending and not 
after the second therefor, by the majority of the House, a motion 
to adjourn or law on the table, or both, are in order. This consti- 
tutes the precedence of the motions to adjourn and lay on the 
table over other motions, in Rule 25. 

Motions stand as follows in order of precedence in Rule 26: 

Pi-evious question. 

Adjourn. 

Lay on the table. 

Postpone definitely. 

To commit or amend. 

When the previous question is called, all motions below it fall, 
unless made prior to the call, and all motions above it fall after its 
second by a majority required. Pending the second, the motions 
to adjourn and lay on the table are in order, but not after a second. 
When in order and every motion is before the House, the question 
stands as follows: 

Previous question. 

Adjourn. 

Lay on the table. 

Postpone indefinitely. 

Postpone definitely. 

To commit. 

Amendment to amendment. 

Amendment. 

Substitute. 

Bill. 

The previous question covers all other motions when seconded by 
a majority of the House, and proceeds by regular graduation to the 



52 Legislative Department . 

main question, without debate, amendment, or motion, until such 
question is reached or disposed of. 

58. All committees, other than the Committee on Appropri- 
ations, when favorably reporting any bill which carries an ap- 
propriation from the State, shall indicate same in the report, and 
said bill shall be re-referred to the Committee on Appropriations 
for a further report before being acted upon by the House. 

59. The Principal Clerk, the Engrossing Clerk, and the Ser- 
geant-at-Arms may appoint, with the approval of the Speaker, 
such assistance as may be necessary to the efficient discharge of the 
duties of their various offices. 

60. The Speaker may appoint a Clerk to the Speaker, and he 
may also appoint ten pages to wait upon the sessions of the House, 
and when the pressure of business may require, he may appoint 
five additional pages. 

61. The chairman of each of the following committees: Ap- 
propriations, Counties, Cities and Towns, Education and Finance 
may each appoint a clerk to the said committee; and the chairman 
of Judiciary Committee No. 1, and of Judiciary Committee No. 2 
may jointly appoint a clerk to serve both of said committees, all 
by and with the approval of the Speaker. 

62. That no clerk, laborer, or other person employed, or ap- 
pointed under rules 59, 60 and 61 hereof shall receive during such 
employment, appointment or service any compensation from any 
other department of the State Government and there shall not be 
voted, paid, or awarded any additional pay, bonus or gratuity to 
any of them but said persons shall receive only the pay for such 
duties and services as now provided by law. 

63. The chairman and five other members of any committee 
shall constitute a quorum of said committee for the transaction of 
business. 

64. The Committee on the Journal shall examine daily the 
Journal of the House before the hour of convening, and report 
after the opening of the House whether or not the proceedings of 
the previous day have been correctly recorded. 



Standing Committees of House of Representatives 53 

65. When a bill shall be reported by a committee with a recom- 
mendation that it be not passed, but accompanied by a minority 
report, the question before the House shall be "The adoption of the 
Minority Report," and it failing to be adopted by a majority vote, 
the bill shall be placed upon the unfavorable calendar. Such 
minority report shall be signed by at least three members of the 
committee who were present when the bill was considered in com- 
mittee. In the event there is an unfavorable report with no 
minority report accompanying it, the bill shall be placed upon the 
unfavorable calendar. To take a bill from the unfavorable cal- 
endar, a two-thirds vote shall be necessary. 

66. Whenever a public bill is introduced, a carbon copy thereof 
shall accompany the bill. On the same day that such public bill 
is introduced the Chief Clerk shall deliver the carbon copy to the 
Public Printer and cause four hundred (400) copies thereof to be 
printed. On the morning following the delivery of the printed 
copies, the Chief Clerk shall cause the Chief Page to have a copy 
thereof put upon the desk of each member and then retain the 
other printed copies in his office. A sufficient number for the use 
of the committee to whom the bill is referred shall be by the Chief 
Clerk delivered to the chairman or clerk of the committee. If the 
bill is passed, the remaining copies shall be by the Chief Clerk de- 
livered to the Chief Clerk of the Senate, for the use of the Senate. 
No committee shall consider or report any public bill until after 
the same shall have been printed as herein provided for. In the 
event the member introducing the bill and the Chief Clerk shall 
differ as to whether it is a public bill, the question shall be left to 
the decision of the Speaker of the House of Representatives, whose 
decision shall be final. The cost of printing as herein provided for 
shall be paid from the contingent fund of the House of Repre- 
sentatives. 

67. Whenever any resolution or bill is introduced a carbon copy 
thereof shall be attached thereto, and the Principal Clerk shall 
cause said carbon copy to be numbered as the original resolution or 
bill is numbered, and shall cause the same to be available at all 
times to the member introducing the same. In case the resolution 



54: Legislative Department 

or bill is a public resolution or bill, an additional carbon copy shall 
also be attached thereto for the use of the Public Printer, under the 
provisions of Rule 66. 



STANDING COMMITTEES OF THE HOUSE OF 
REPRESENTATIVES 

Agriculture. Everett, chairman; Black, Bost, Suttlemyre, Cox 
of Forsyth, Cox of Pitt, Ewing, Stephenson, Andrews, Biggerstaff, 
Johnson of Caswell, Davis, Alexander, Williamson of Columbus, 
Wells, Johnson of Currituck, Nash, Baucom, Transou, McNeill, 
Hargett, Hines, Armstrong, Byrd, Rose, Herbert, Baker, Blair. 

Appropriations. Wilson, chairman; Mull of Cleveland, Flana- 
gan, Pruden, Ewing, Hanes, Norwood, Sutton, Price, Spence, 
Rogers, Nash, Woodard, Hutchins of Yancey, Black, Young of Dur- 
ham, Butler, Younce, Cowles, Mull of Burke, Jones, Hamlin. 

Banks and Banking. Williams of Warren, chairman; Flanagan, 
Hanes, Boyd, Hood, Etheridge, Harris, Price, Sutton, Winston, 
Woodard, Norwood, Rogers, Gwynn, Grant, Williams of Swain, 
Carpenter, McGee. 

Caswell Training School. Cox of Pitt, chairman; Sutton, Poole, 
Boswell, Carr, Johnson of Caswell, Moye, Readling, Hutchins of 
Johnston, Gwynn. 

Claims. Ewing, chairman; Andrews, Burke, Everett, Hill, John- 
son of Caswell, Lumpkin, Moye, Porter, Stephenson, Tatem, Turner, 
Carpenter, Craigmiles, Hutchins of Madison. 

Commerce. Bender, chairman; Alexander, Biggerstaff, Bost, 
Brooks, Cox of Pitt, Eure, Flynt, Halstead, Hanes, Morgan, Shaw, 
Suttlemyre, Upchurch, Wray, Klutz. 

Congressional Districts. Spence, chairman; Wilson, Sutton, 
Moss, Butler, Kerr, Shaw, Hutchins of Yancey, Nash, Young of 
Durham, Ewing, Cowles, Armstrong, Raynor. 

Constitutional Amendments. Nash, chairman; Brinson, Boren, 
McLean, Moss, Pruden, Burke, Hancock, Brooks, Eure, Cox of 
Randolph, Hamlin, Klutz. 



Standing Committees of House op Representatives 5;") 

Corporations. Eure, chairman; Baucom, Boswell, Darden, 
Grantham, Hobbs, Johnson of McDowell, McNeill, Poole, Reading, 
Stephenson, Williamson of Bladen, Younce, Wray, Mull of Burke, 
Herbert. 

Corporation Commission. Young of Durham, chairman; Gill, 
Bruton, Costen, Halstead, Hancock, Jackson, Lumpkin, William- 
son of Columbus, Moye, Rogers, Suttlemyre, White of Robeson, 
Winston, Byrd, Hutchins of Madison, Ragan. 

Counties, Cities and Towns. Cox of Forsyth, chairman; Nash, 
Hargett, Boswell, Bruton, Costen, Etheridge, Flynt, Gill, Hobbs, 
Johnson of Halifax, Lumpkin, Morgan, Price, Rivers, Wells, Wil- 
liamson of Bladen, Young of Durham, Leavitt, Cox of Randolph, 
White of Yadkin, Hamlin, Hutchins of Yancey. 

Courts and Judicial Districts. Smith of Wake, chairman; 
Pruden, Spence, Sutton, Young of Durham, Shaw, Boren, Costen, 
Crudup, McLean, Bender, Halstead, Hutchins of Yancey, Moss, 
Norwood, Burke, Young of Buncombe, Raynor. 

Drainage. Turner, chairman; Bost, Butler, Davis, Halstead, 
Hobbs, Johnson of Currituck, Tatem, Williamson of Bladen, Eaker, 
Jones, Byrd. 

Education. McLean, chairman; Harris, Williams of Warren, 
Transou, Edwards, Boyd, Rivers, Wilson, Williamson of Columbus, 
Young of Durham, Woodard, Kerr, Darden, Nash, Cox of Forsyth, 
Price, Ewing, Carr, Smith of Wake, Mull of Cleveland, Hancock, 
Boren, Halstead, Gwynn, Eaker, Grant, Smith of Jackson, Mull of 
Burke, Porter. 

Election Laws. Hancock, chairman; Winston, Upchurch, Wil- 
son, Spence, Mull of Cleveland, Kerr, Crudup, Gill, Williams of 
Warren, Nash, Hill, McLean, Hutchins of Yancey, Shaw, Johnson 
of McDowell, Hart, Davis, Ewing, Young of Buncombe, Wetmur, 
Mull of Burke, Jones. 

Engrossed Bills. Boren, chairman; Bender, Black, Bruton, 
Crudup, Eure, Hobbs, Johnson of Caswell, Readling, Younce, 
Hawkins, Brock, Wray. 



56 Legislative Department 

Enrolled Bills. Hood, chairman; Andrews, Biggerstaff, Brinson, 
Burke, Darden, Everett, Flynt, Halstead, Hill, Johnson of Halifax, 
Moye, Smith of Jackson, Leavitt, Taylor. 

Expenditures of the House. Rogers, chairman; Alexander, 
Black, Boyd, Cox of Pitt, Edwards, Everett, Flynt, Hood, Johnson 
of McDowell, Morgan, Price, Stephenson, Transou, Upchurch, 
Smith of Jackson, Wray. 

Federal Relations. Butler, chairman; Boswell, Brooks, Darden, 
Edwards, Hanes, Jackson, Johnson of Halifax, McNeill, Porter, 
Readling, Williamson of Bladen, Vance, Cowles. 

Finance. Mull of Cleveland, chairman; Wilson, Harris, Har- 
gett, Cox of Forsyth, Hart, Boyd, McLean, Hood, Smith of Wake, 
Jackson, Hancock, Boren, Moss, Kerr, Turner, White of Robeson, 
Winston, Crudup, Ragan, Gwynn, Wetmur, Flanagan, Upchurch, 
Price. 

Fish and Fisheries. Etheridge, chairman; Davis, Johnson of 
Currituck, Hargett, Grantham, Bender, Boyd, Brinson, Eure, Hill, 
Poole, Pruden, Tatem, Jones, Leavitt, Bernard, Transou, Rivers, 
Ewing, Johnson of Halifax, Johnson of McDowell, Mull of Burke. 

Game. Pruden, chairman; Johnson of Currituck, Sutton, Cox of 
Forsyth, Woodard, Ewing, Boren, Crudup, Flanagan, Hargett, 
Grantham, Hobbs, Reading, Upchurch, Wells, Wetmur, Herbert, 
Grant, Williams of Swain. 

Health. Harris, chairman; Hart, Edwards, Pruden, Carr, 
Younce, Moye, Johnson of McDowell, Sutton, Brinson, Alexander, 
Upchurch, Williams of Warren, Cox of Pitt, Wilson, Bernard, 
Blair, Carpenter. 

Immigration. Transou, chairman; Baucom, Bost, Carr, Davis, 
Gill, Hanes, Hart, Jackson, Johnson of Caswell, Lumpkin, Moye, 
Poole, Rivers, Tatem, White of Robeson, Taylor, Brock, Hines. 

Insane Asylums. Hart, chairman; Cox of Pitt, Boyd, Baucom, 
Brooks, Carr, Edwards, Hill, Johnson of Caswell, Lumpkin, Rivers, 
Andrews, Blair, Hutchins of Madison, Brock. 



Standing Committees of House op Representatives 57 

Institutions for Blind. Bost, chairman; Alexander, Bender, Bos- 
well, Bruton, Costen, Gill, Jackson, Johnson of Halifax, Rogers, 
Armstrong, Vance. 

Institutions for Deaf and Dumb. Black, chairman; Biggerstaff, 
Brinson, Darden, Eure, Flynt, Johnson of McDowell, Morgan, 
Poole, Tatem, Wells, Mull of Burke, Bernard. 

Insurance. Price, chairman; Woodard, Pruden, Nash, Hancock, 
Hanes, Hobbs, Etheridge, Wells, Morgan, Readling, Leavitt, Jones, 
Hawkins. 

Internal Improvements. Costen, chairman; Hill, Wells, Bender, 
Bost, Butler, Spence, Porter, Williamson of Columbus, Jones, 
Taylor. 

Journal. Crudup, chairman; Eure, Brooks, Carr, Poole, Rivers, 
Suttlemyre, Turner, Lowe, Taylor. 

Judiciary No. 1. Moss, chairman; McLean, Pruden, Spence, Wil- 
liamson of Bladen, Wilson, Hancock, Hill, Jackson, Johnson of 
Halifax, Younce, Brinson, Brooks, Bender, Eure, Gill, Young of 
Durham, Burke, Grant, Cox of Randolph, Young of Buncombe. 

Judiciary No. 2. Sutton, chairman; Nash, Smith of Wake, Wil- 
liams of Warren, Williamson of Columbus, Winston, Mull of Cleve- 
land, Hutchins of Yancey, Kerr, Lumpkin, Boren, Butler, Bruton, 
Costen, Crudup, Halstead, Shaw, Hamlin, Mull of Burke, Raynor, 
Klutz. 

Justices of the Peace. Brinson, chairman; Andrews, Bigger- 
staff, Boswell, Cox of Pitt, Hart, Johnson of Caswell, McNeill, Cox 
of Randolph, Eaker. 

Library. Tatem, chairman; Boswell, Cox of Pitt, Darden, 
Flanagan, McNeill, Poole, Rivers, Spence, Suttlemyre, Vance, 
Eaker. 

Manufactures and Labor. Flynt, chairman; Black, Bost, Carr, 
Harris, Hood, Johnson of Currituck, Upchurch, White of Robeson, 
Lowe, Ragan, Klutz, Carpenter. 

Military Affairs. Wells, chairman; Norwood, Younce, Hill, 
Hobbs, Alexander, Shaw, Kerr, Johnson of Halifax, Jackson, 
Hanes, Bruton, Pruden, Wilson, Boren, Bernard, Carpenter. 



58 Legislative Pepartment 

Mines and Mining. Jackson, chairman; Boyd, Spence, Bost, 
Tatem, Baucom, Cox of Forsyth, Davis, Flanagan, Hart, Moye, 
Porter, Turner, Hawkins, Herbert, Craigmiles, Vance. 

Penal Institutions. White of Robeson, chairman; Moss of Nash, 
Sutton, Upchurch, McNeill, Readling, Transou, Williamson of 
Bladen, Hart, Hanes, Grantham, White of Yadkin, Hines, Jones. 

Pensions. Boyd, chairman; Poole, Kerr, Morgan, Hancock, 
Flanagan, Harris, Baucom, Boswell, Johnson of Currituck, Nor- 
wood, Brock, White of Yadkin. 

Printing. Poole, chairman; Biggerstaff, Boswell, Brooks, Dar- 
den, Everett, Hood, Jackson, Porter, Rivers, Shaw, Hewett, Lowe, 
Hutchins of Madison. 

Private and Public Local Laws. Williamson of Columbus, chair- 
man; Brinson, Brooks, Cox of Pitt, Ewing, Hill, Mull of Cleveland. 
McNeill, Raynor, Young of Buncombe and Klutz. 

Privileges and Elections. Morgan, chairman; Porter, Readling, 
Smith of Wake, Suttlemyre, Turner, Woodard, Taylor. Hutchins of 
Johnston. 

Propositions and Grievances. Hargett, chairman; Wells, Wood- 
ard, Rogers, Grantham, Boren, Burke, Edwards, Eure, Gill, Harris, 
Johnson of Caswell, Kerr, Norwood, Shaw, Upchurch, Williamson 
of Bladen, Rose, McGee. 

Public Buildings and Grounds. Norwood, chairman ; Price, Moss, 
Turner, Smith of Wake, Winston, Harris, Cox of Pitt, Ewing, Car- 
penter, Hutchins of Madison. 

Public Roads. Woodard, chairman; Hargett, Flanagan, Black, 
Wells, McNeill, Flynt, Grantham, Halstead, Harris, Johnson of 
Caswell, Mull of Cleveland, Norwood, Price, Rogers, Sutton, Tran- 
sou, Turner, Wetmur, Smith of Jackson, Grant, Cox of Randolph, 
Rivers. 

Public Welfare. Hanes, chairman; Smith of Wake, Norwood, 
Williams of Warren, Tatem, Stephenson, Rivers, Jackson, Hobbs, 
Etheridge, Edwards, Eure, Harris, Hewett, Hutchins of Johnston. 

Regulation of Public Service Corporations. Gill, chairman; 
Andrews, Biggerstaff, Carr, Cox of Forsyth, Everett, Johnson of 
Caswell, Transou, White of Robeson, Craigmiles, McGee. 



Standing Committees op House op Representatives 59 

Revision of Laws. Kerr, chairman; Boswell, Brooks, Butler, 
Cox of Pitt, Hill, McNeill, Porter, Shaw. 

Salaries and Fees. Flanagan, chairman; Cox of Forsyth, 
Crudup, Etheridge, Ewing, Harris, Hood, Hutchins of Yancey, 
Johnson of McDowell, Mull of Cleveland, Rivers, Cowles, Klutz, 
Hutchins of Johnston. 

Senatorial Districts. Edwards, chairman; Andrews, Brinson, 
Carr, Davis, Hart, Johnson of Caswell, Porter, Turner, Woodard, 
McGee, Smith of Jackson, Cox of Randolph. 

Trustees of State College. Johnson of Currituck, chairman; 
Tatem, Bost, Moss, Cox of Forsyth, Alexander, Brooks. 

Trustees of University. Younce, chairman; Wilson, Sutton, 
Woodard, Hanes, Hobbs, Pruden, Winston, Young of Durham, 
Grant, Eaker, Bernard. 



PART II 



EXECUTIVE DEPARTMENTS 



1. Governor. 

2. Secretary of State. 

3. Auditor. 

4. Treasurer. 

5. Superintendent op Public Instruction. 
G. Attorney-General. 

7. Council of State. 



THE GOVERNOR 

O. Max Gardner, Governor, Raleigh. 

The Governor is the chief executive officer of the State. He is 
elected by the people for a term of four years. He receives a 
salary of $6,500 a year, and in addition is allowed annually $600 
for traveling expenses, and a residence with domestic servants. 

Article III, Section 2, of the Constitution of North Carolina, pre- 
scribes the following qualifications for the Governor: 

1. He must have attained the age of thirty years. 

2. He must have been a citizen of the United States for five 
years, and a resident of North Carolina for two years next befoi-e 
the election. 

3. No person shall be eligible for the office of Governor for more 
than four years in any term of eight years, unless he becomes 
Governor by having been Lieutenant-Governor or President of the 
Senate. 

The same qualifications apply to the office of Lieutenant- 
Governor. 

The Constitution prescribes the powers and duties of the Gov- 
ernor as follows: 

1. To take the oath of office prescribed for the Governor. 

2. To reside at the seat of government; to keep the General 
Assembly informed respecting the affairs of the State; and to 
recommend to the General Assembly such measures as he deems 
expedient. 

3. To grant reprieves, commutations and pardons (except in 
cases of impeachment), and to report each case of reprieve, com- 
mutation, or pardon to the General Assembly. 

4. To receive reports from all officials of the Executive De- 
partments and of public institutions and to transmit the same to 
the General Assembly. 

5. He is commander-in-chief of the militia of the State, except 
when they are called into the service of the United States. 

6. To call extra sessions of the General Assembly when he 
thinks necessary, by and with the advice of the Council of State. 



64 Executive Departments 

7. To appoint, by and with the advice and consent of the Sen- 
ate, all officers whose offices are established by the Constitution 
and whose appointments are not otherwise provided for. 

8. To keep "The Great Seal of the State of North Carolina" 
and use the same as occasions shall require. 

He has no veto power, being the only Governor in the United 
States without such power. 

In addition to these duties the following are prescribed by 
statute : 

1. To supervise the official conduct of all executive and admin- 
istrative officers, and to visit all State institutions whenever he 
deems such visitation necessary to inquire into their management 
and needs. 

2. To see that all public offices are filled and their duties per- 
formed. 

3. To make appointments and supply vacancies not otherwise 
provided for in all departments. 

4. To be the sole official organ of communication between the 
government of this State and other states or the government of 
the United States. 

5. To use the civil and military power of the State to prevent 
the violation of the statute against prize-fighting in North Car- 
olina. 

6. To convene the Council of State for consultation whenever 
he deems it necessary. 

7. To appoint a Private Secretary, who shall keep a record of 
all public letters written by or to the Governor, in books provided 
for that purpose. 

8. To cause to be kept the following records : .A register of all 
applications for pardon or the commutation of any sentence; an 
account of his official expenses, and the rewards offex*ed by him for 
the apprehension of criminals, which shall be paid upon the war- 
rant of the Auditor. 

9. Under certain conditions to employ counsel for the State. 

10. To appoint by proclamation one day in each year as a day 
of solemn and public thanksgiving to Almighty God for past bless- 
ings and of supplication for His continued kindness and care 
over us as a State and a Nation. 



The Governor 65 

11. To procure a seal for each department of the State govern- 
ment to be used in such manner as may be established by law. 

The Governor is, ex officio, president of the State Board of Edu- 
cation; chairman Budget Commission; member of the State Board 
of Canvassers; member State Board of Public Buildings and 
Grounds; member Pension Board; member State Library Board; 
chairman State Geological Board; member State Printing Com- 
mission; chairman Board of Internal Improvements; Commander- 
in-Chief State Militia; chairman Memorial Building Commission; 
president Board of Trustees University of North Carolina; chair- 
man Board of Trustees Orthopedic Hospital; president Board of 
Trustees State A. and E. College. 

Historical Note 

The office of governor was provided for in the first charters and 
plans for colonizing English-speaking America. Sir Walter 
Raleigh, the founder of English-speaking America, and the su- 
preme authority over it under the crown, instituted the office in 
his scheme of government for the first "Lost Colony" by appoint- 
ing Ralph Lane the first governor of "Vh'ginia" in 1585. The 
office was continued in Raleigh's subsequent colonies, likewise in 
the founding of Virginia at Jamestown. The beginning of North 
Carolinia government was the organization of a government for 
Albemarle, under the Lords Proprietors. William Drummond was 
the first governor. Though there were modifications of the office 
by the Lords Proprietors under their varying plans of government, 
there was no break in the succession of governors of North Car- 
olina proper during the whole period in which North Carolina was 
a proprietary government, 1663-1728. The governor was appointed 
at pleasure by the Proprietors, and his chief duty was to repre- 
sent them and not the people. He was limited in his executive 
authority by a council of from six to twelve men; but since the 
council was created practically always from men recommended by 
the governor, this limitation was largely illusory. He was su- 
preme in the colony, and limited only by the instructions of the 
Proprietors themselves. From 1728 to 1776 North Carolina was a 
Crown Colony. The status of the governor remained the same ex- 
cept that the Crown took the place of the Proprietors. The inde- 



66 Executive Departments 

pendent state government was organized under the constitution of 
1776. This constitution continued the office of governor but 
strictly defined his eligibility, powers, and duties, as follows: 

1. He was to be elected jointly by the two houses of the General 
Assembly for a term of one year, and was not to be eligible for 
more than three terms in six successive years. 

2. He was to be not less than thirty years of age ; he must have 
been a resident of North Carolina for five years; he must be pos- 
sessed of a freehold to the value of one thousand pounds. 

3. He was to be advised in office by a council of state elected 
by the General Assembly. 

4. His powers and duties were strictly defined by the Constitu- 
tion, and by the General Assembly under the Constitution. 

5. He was subject to impeachment. 

Such was the status of the governor until the Constitution of 
1835. This Constitution made the office elective by the people for 
a term of two years, limited eligibility to four years in any six 
successive years, and omitted the property qualification. 

The Constitution of 1868 increased the term of office to four 
years and limited it to four years in any successive eight except in 
the case of succession from Lieutenant-Governor or President of 
the Senate. This Constitution created the office of Lieutenant- 
Governor and established all constitutional elective officers, except 
the Attorney-General, as the Council of State. Since 1868 the con- 
stitutional status of the governor has remained the same. 



Chief Executives of North Carolina 

GOVERNORS OF "VIRGINIA" 

April 1585— June 1586 - -Ralph Lane ' 

April 1587— August 1587 John White 1 

CHIEF EXECUTIVES UNDER THE PROPRIETORS 

October 1663 — October 1667 William Drummond 2 

October 1667 — December 1669 Samuel Stephens 3 , 4 

October 1670— May 1673 Peter Carteret 3 • 

May 1673 — November 1676 John Jenkins 5 

November^- ...1676 — 1678 Thomas Eastchurch, : 

. .1677 — Thomas Miller ' 

1677 — . - ... ...1678 Tohn Culpepper® 

1678— SethSothel 3 , 9 

February 1679 — August 1679 John Harvey 3 

November 1679 — 1681 John Jenkins 5 



The Governor 67 

1682— ...1689 SethSothel* 

December 1689— 1691 Philip Ludwell 3 

November 2 1691— 1694 Philip Ludwell '» 

1691— 1694 Thomas Jarvis ' ' 

August 31 1694— 1696 John Archdale 1 '' 

1694— 1699 John Harvey 11 

1699— 1703 Henderson Walker ' 

1703— 1705 Robert Daniel 11 

1705— 1706 Thomas Cary 11 

1706— 1708 William Glover* 

1708— January 1711 Thomas Cary 8 

1710— May 9 1712 Edward Hyde 5 

May 9 1712— September 8...1712 Edward Hyde 12 

September 12... 1712— May 28 1714 Thomas Pollock* 

May 28 1714— March 26 1722 Charles Eden 3 

March 30 1722— August 30 1722 Thomas Pollock 8 

August 30 1722— January 15 1724 William Reed 5 

January 15 1724— July 17 1725 George Burrington 3 

July 17 1725— May 1728 Richard Everard 3 

GOVERNORS UNDER THE CROWN 

May 1728— February 25-. .1731 Richard Everard 13 

February 25 1731 — April 15 1734 I George Burrington 14 

April 15 1734— October 27 1734 Nathaniel Rice 5 

October 27 1734— July 17 1752 Gabriel Johnston 1 * 

July 17 1752— January 29 1753 Nathaniel Rice 5 

January 29 1753 — November 2 1754 Matthew Rowan 5 

November 2 1754 — March 28 1765 Arthur Dobbs 14 

March 28 1765— December 2d ..1765 William Tryon 15 

December 20 -..1765— July 1 1771 William Tryon 14 

July 1 1771— August 12 1771 James Hasell 5 

August 12 1771— May 1775 Josiah Martin 14 

PRESIDENTS ON THE PROVINCIAL COUNCIL >« 

October 18 1775 — March 5 1776.. Cornelius Harnett New Hanover 

June 5 1776 — 'August 21 1776. .Cornelius Harnett 1 7 New Hanover 

August 21 1776 — September 27.1776. .Samuel Ashe 17 New Hanover 

September 27 1776— October 25 ... 1776 _ .Willie Jones Halifax 

GOVERNORS OF NORTH CAROLINA SINCE INDEPENDENCE 
(Elected by the Legislature) 1 8 

December 19 1776— April 18. 1777.. Richard Caswell 19 Dobbs 20 

April 18 1777— April 18. 1778. .Richard Caswell Dobbs 

April 18 1778— May 4 1779 ..Richard Caswell Dobbs 

May 4 1779— April... 1780.. Richard Caswell Dobbs 

April 1780— June 26 1781..Abner Nash Craven 

June 26 1781— April 26 1782. .Thomas Burke Orange 

April 26 1782— April 30 1783. .Alexander Martin Guilford 

April 30 1783 — January 1 1785. .Alexander Martin Guilford 

January 1 1785 — December 12 .1785. .Richard Caswell Dobbs 

December 12 1785— December 23 .1786. -Richard Caswell Dobbs 

December 23 1786— December 20 .1787.. Richard Caswell Dobbs 

December 20 1787 — November 18. 1788.. Samuel Johnston Chowan 

November 18 1788 — November 16.1789. .Samuel Johnston Chowan 

November 16 1789 — December 17 .1789. .Samuel Johnston 21 Chowan 

December 17 1789 — December 9 ..1790.. Alexander Martin Guilford 

December 9 1790 — January 2 1792.. Alexander Martin Guilford 

January 2 1792 — December 14 .1792.. Alexander Martin Guilford 

December 14 1792— December 26 .1793..R. D. Spaight Craven 

December 26 1793— January 6 1795.. R. D. Spaight Craven 

January 6 1795 — November 19. 1795. .R. D. Spaight Craven 

November 19 1795 — December 19 .1796. .Samuel Ashe New Hanover 

December 19 1796 — December 5 ..1797. .Samuel Ashe New Hanover 

December 5 1797 — December 7 ..1798.. Samuel Ashe New Hanover 



OS 



Executive Departments 



December 7 1798 — November 23. 

November 23 1799 — November 29. 

November 29 1800— November 28. 

November 28 1801— December 6 .. 

December 6 1802 — December 1 _. 

December 1 1803— November 29 . 

November 29 1804 — December 10 . 

December 10 1805 — December 1 _. 

December 1 1806 — December 1 . . 

December 1 1807 — December 12 . 

December 12 1808— December 13 . 

December 13 1809 — December 5 .. 

December 5 1810 — December 9 _. 

December 9 1811 — November 25. 

November 25 1812 — November 20. 

November 20 1813— November 29. 

November 29 1814 — December 7 .. 

December 7 1815 — December 7 .. 

December 7 1816 — December 3 .. 

December 3 1817 — November 24. 

November 24 1818 — November 25. 

November 25 1819 — December 7 .. 

December 7 1820 — December 7 .. 

December 7 1821 — December 7 -. 

December 7 1822 — December 6 _. 

December 6 1823 — December 7 -. 

December 7 1824 — December 6 .. 

December 6 1825 — December 29 . 

December 29 1826 — December 8 .. 

December 8 1827— December 12 

December 12 1828 — December 10 . 

December 10 1829— December 18 . 

December 18 1830 — December 13 . 

December 13 1831 — December 6 -. 

December 6 1832 — December 9 . . 

December 9 1833— December 10 

December 10 1834— December 10 . 

December 10 1835 — December 31 . 



1799. -W. R. Davie.-. Halifax 

1800.. Benjamin Williams Moore 

1801 ..Benjamin Williams Moore 

1802 --Benjamin Williams Moore 

1803 . . James Turner 2 2 Warren 

1804_ -James Turner Warren 

1805. .James Turner Warren 

1806 - . Nathaniel Alexander Mecklenburg 

1807. _ Nathaniel Alexander Mecklenburg 

1808_. Benjamin Williams Moore 

1809. -David Stone Bertie 

18 10 _ . David Stone Bertie 

1811.- Benjamin Smit h Brunswick 

1812 . .William Hawkins Warren 

1813 ..William Hawkins Warren 

1814 _ .William Hawkins Warren 

1815. .William Miller Warren 

1816 . .William Miller Warren 

1817 . . William Miller Warren 

1818. .John Branch Halifax 

1819 . .John Branch Halifax 

1820- .John Branch Halifax 

182 1 . . Jesse Franklin Surry 

1822. .Gabriel Holmes Sampson 

1823- .Gabriel Holmes Sampson 

1824__Gabriel Holmes Sampson 

1825-.H. G. Burton Halifax 

1826-.H. G. Burton Halifax 

1827__H. G. Burton Halifax 

1828_.James Iredell Chowan 

1829. -John Owen Bladen 

1830. -John Owen Bladen 

1831 - . Montf ort Stokes Wilkes 

1832. .Montfort Stokes Wilkes 

1833--D. L. Swain Buncombe 

1834__D. L. Swain Buncombe 

183i_-D. L. Swain Buncombe 

1836. _R. D. Spaight, Jr Craven 



GOVERNORS ELECTED BY THE PEOPLE23 



December 31 1836- 

December 29 1838- 

January 1 1841- 

December 31 1842- 

January 1 1845- 

January 1 1847- 

January 1 1849- 

January 1 1851- 

December 22 1852- 

December 6 1854- 

January 1 1855- 

January 1 1857- 

January 1 1859- 

January 1 1861- 

July 7 1861- 

September 8 1862- 

December 22 1864- 

May 29 1865- 

December 15 1865- 

December 22 1866- 

July 1 1868- 

December 15 1870- 

January 1 1873- 

July 11 1874- 

January 1 1877- 

February 5 1879- 



-December 29 

-January 1 

-December 31 

-January 1 

-January 1 

-January 1 

-January 1 

-December 22 
-December 6 _ 

-January 1 

-January 1 

-January 1 

-January 1 

-July 7 

-September 8_ 
-December 22 

-May 29 

-December 15 
-December 22 

-July 1 

-December 15 

-January 1 

-July 11 

-January 1 

-February 5 . . 
-January 18 _ _ 



-1838.-E. B. Dudley New Hanover 

.1841..E. B. Dudley New Hanover 

-1842. .J. M. Morehead Guilford 

-1845..J. M. Morehead Guilford 

.1847. _W. A. Graham Orange 

.1849.-W. A. Graham Orange 

- 1851 . .Charles Manly Wake 

.1852. .D. S. Reid Rockingham 

-1854..D. S. Reid 24 Rockingham 

.1855 ..Warren Winslow 25 Cumberland 

_ 1857 _ .Thomas Bragg , Northampton 

_ 1859 . .Thomas Bragg ■_ Northampton 

.1861 ..John W. Ellis Rowan 

.1861 -.John W. Ellis 20 Rowan 

.1862-. Henry T. Clark" Edgecombe 

_1864_-Z. B. Vance Buncombe 

-1865-.Z. B. Vance 27 Buncombe 

.1865. .W. W. Holden 2 8 Wake 

- 1 866 _ .Jonathan Worth Randolph 

. 1 868 - . Jonathan Worth 2 ,J Randolph 

-1870..W. W. Holden 30 Wake 

-1873. .T. R. Caldwell 31 Burke 

.1874-.T. R. Caldwell Burke 

.1877. -C. H. Brogden 32 Wayne 

.1879. _Z. B. Vance 33 Mecklenburg 

.1881. .T. J. Jarvis 3 * Pitt 



The Governor 



69 



January 18 1881 — January 21 _ 

January 21 1885 — January 17- 

January 17 1889— April 8 

April 8 1891— January 18.. 

January 18 1893 — January 12.. 

January 12 1897 — January 15. 

January 15 1901 — January 11. 

January 11 1905 — January 12.. 

January 1 1909 — January 15.. 

January 15 1913 — January 11. . 

January 11 1917 — January 12.. 

January 12 1921 — January 12.. 

January 12 1925 — January 11_. 

January 11 1929— 



.1885. .T. J. Jarvis Pitt 

.1889. .A. M. Scales ...Rockingham 

.1891. .D. G. Fowle 35 Wake 

_1893.. Thomas M. Holt 32 Alamance 

-1897_.Elias Carr Edgecombe 

.1901..D. L. Russell Brunswick 

.1905..C. B. Aycock Wayne 

.1909.-R. B. Glenn Forsyth 

-1913. .W. W. Kitchin Person 

.1917. -Locke Craig Buncombe 

.1921. -Thomas W. Bickett Franklin 

.1925 ..Cameron Morrison .. -Mecklenburg 

-1929- -Angus Wilton McLean Robeson 

O. Max Gardner Cleveland 



NOTES 

1 Appointed by Sir Walter Raleigh. 

2 Appointed by Sir William Berkeley at the request of the other Lords Proprietors. 

3 Appointed by the Lords Proprietors. 

4 Died in office. 

5 Acting Governor by virtue of his office as President of the Council. 

6 Died before qualifying. 

7 Deputy of Governor Eastchurch. Deposed by the rebels under John Culpepper. 

8 Elected by the rebels. 

9 On his way to Carolina he was captured by pirates and detained until 1682. 

1 ° Governor of all Carolina with headquarters at Charleston. Governed North 
Carolina through a deputy. This plan was followed until 1712. 
1 ' Deputy Governor. 

1 2 The first governor of North Carolina as a separate and distinct province. Appointed 
by the Lords Proprietors. 

1 3 Continued in office during the transfer of the province from the Lords Proprietors 
to the Crown. 

14 Appointed by the Crown. 
1 5 Lieutenant-Governor. 

1 6 The Provincial Congress (after April, 1776, the Council of Safety) was the chief 
executive authority of the revolutionary government during the interval from the over- 
throw of the royal government in 1775 until the inauguration of the independent State 
government January 1, 1777. 

1 7 Resigned. 

18 "That the Senate and House of Commons, jointly at their first meeting after each 
election, shall by ballot elect a governor for one year, who shall not be eligible to that 
office longer than three years in each six successive years." Art. XV, Constitution of 1776. 

19 Chosen by the Convention of December, 1776, to fill interval until the Legislature 
could meet. 

20 Abolished in 1791. 

2 ' Elected by Convention of 1789 to United States Senate. Did not qualify for his 
third term as Governor. 

22 John Baptista Ashe, of Halifax, was first chosen, but died before he could qualify. 
Turner was then elected. 

23 The Convention of 1835 amended the Constitution to provide for the election of the 
governor by a popular vote, increased his term of office to two years and made any person 
ineligible for more than two terms successively. 

24 Elected to the United States Senate. 

25 Ex officio as President of the Senate. 

26 Died in office. 

2 7 Turned out by Provisional government. 

28 Provisional governor appointed by the President of the United States. 

2 9 Turned out by reconstruction government. 
30 Impeached and removed from office. 

3 ' Ex officio as lieutenant-governor. Elected governor by the people in 1872. Died n 
office. 

32 Ex officio as lieutenant-governor. 

33 Elected to the United States Senate. 

34 Ex officio as lieutenant-governor. Elected governor by the people in 1880. 

35 Died in office. 



70 Executive Departments 



THE SECRETARY OF STATE 

Sec. 1, Art. Ill, Constitution; Art. 1, Ch. 22, C. S. ; Ch. 97, C. S. : 
Art. 4, Ch. 129, C. S. ; Ch. 97, P. L. 1921 — Extra Session 

J. A. Hartness, Secretary of State, Raleigh. 

Title — Secretary of State. 
Appointment — Elected by the people. 
Term — Four years. 
Salary— $4,500. 

Ex Officio Member— Council of State, State Board of Education, 
Board of Public Buildings, Municipal Board of Control, Trustee 
State Library, Chairman Board of Advisors of World War Vet- 
erans' Loan Fund. 

Function 

As a member of the Council of State the Secretary of State is 
called upon to assist in shaping the fiscal policies of the State. In 
addition the Secretary of State is a member of the State Board 
of Education, through which the public school funds are dis- 
tributed, the Board of Public Buildings and Grounds, the Muni- 
cipal Board of Control, State Text Book Commission, and a trus- 
tee of the Public Library. The Secretary of State is also chair- 
man of the Board of Advisors of the World War Veterans' Loan 
Fund which is enabling veterans of the World War to buy their 
own homes through a state loan at a low rate of interest. 

The duties of the Secretary of State are manifold. He has cus- 
tody of all statutes and resolutions, rolls of registered voters and 
other State and official records; supervises and certifies certificates 
of incorporation; and registers trademarks. All laws passed by 
the General Assembly are enrolled for ratification under the super- 
vision and direction of the Secretary of State and prepared for 
publication. All vacant and unappropriated land in North Car- 
olina is subject to entry by residents of the State under the super- 
vision of the Secretary of State. Among other valuable records 
preserved in the Secretary of State's department are the warrants, 
plats, and surveys and a record of grants for all lands originally 
granted by the Lord Proprietors, by the Crown of Great Britain 
or by the state of North Carolina. 



Secretary of State 71 

The Secretary of State countersigns all commissions issued by 
the Governor, and is charged with the custody of all statutes and 
joint resolutions of the Legislature, all documents which pass 
under the Great Seal, and of all books, records, deeds, parchments, 
maps and papers now deposited in his office or which may here- 
after be there deposited pursuant to law. 

Foreign corporations, before being permitted to do business in 
North Carolina, are required to file copies of their charters in the 
office of the Secretary of State. 

All bills passed by the General Assembly are enrolled for rati- 
fication under the supervision and direction of the Secretary of 
State. A carbon copy is sent to the State Printer, from which copy 
are published the laws, resolutions, etc. An assistant to the Sec- 
retary of State prepares these laws for publication, determines 
which are "Public," "Public-Local," and which are "Private"; side- 
notes them and prepares and indexes the laws of the session. 

The Secretary of State is charged with the work of distributing 
the Supreme Court Reports, the Consolidated Statutes, Session 
Laws, Journals, etc. 

All vacant and unappropriated land in North Carolina is sub- 
ject to entry by residents or citizens of the State. Almost all the 
vacant land in the State has been granted to individuals or is the 
property of the State Board of Education, but small tracts are fre- 
quently discovered and entries for same made. The warrants, 
plats, and surveys and a record of grants for all lands originally 
granted by the Lord Proprietors, by the Crown of Great Britain, 
or by the state of North Carolina, are preserved in the office of 
the Secretary of State. 

Historical Note 

The office of Secretary of State developed from that of Secretary 
of the Province, which began in 1675 with the appointment of 
Robert Holden, and continued by the Constitution of 1776. The 
Secretary of the Province was appointed by the Crown at pleasure, 
and received his patent from the Governor's Council. He was a 
Justice of the Peace, Clerk of Pleas of the Crown, and issued land 
grants. The Constitution of 1776 made the term three years and 
the method of appointment, election by the General Assembly. 
The Constitution of 1835 reduced the term to two years. The Con- 



72 Executive Departments 

stitution of 1868 increased the term to four years, and made the 
office elective by the people. 

Secretaries of the Colony 

ALBEMARLE 

1675-1677 Robert Holden 

1677-1679 Thomas Miller 

1679-1684 Robert Holden 

1684-1685 Francis Hartley 

1685 Woodrowe 

NORTH CAROLINA 

1694-1702 Daniel Akehurst 

1702-1712 Samuel Swann 

1712-1722 Tobias Knight 

1722-1730 John Lovick 

1730-1753 Nathaniel Rice 

1753-1754 James Murray 

1754-1755 Henry McCulloch 

1755-1762 Richard Spaight 

1762-1770 Benjamin Heron 

1770-1770 John London 

1770-1772 Robert Palmer 

1772-1775 Samuel Strudwick' 

Secretaries of State 

1777-1798 James Glasgow Dobbs 

1798-1810 William White Lenoir 

1811-1859 William Hill Rockingham 

1859-1862 RufusH. Page Wake 

1862-1864 John P. H. Russ Wake 

1864-1865 Charles R. Thomas Craven 

1866-1867 Robert W. Best Greene 

1868-1871 Henry J. Memminger Wake 

1872-1875 William H. Howerton Rowan 

1876-1879 Joseph A. Englehard New Hanover 

1879-1891 William L. Saunders Wake 

1891-1895 Octavius Coke Wake 

1895-1896 Charles M. Cooke Franklin 

1897-1900 Cyrus Thompson Onslow 

1901-1923 J. Bryan Grimes Pitt 

1923-1928 W. N. Everett Richmond 

1928 J. A. Hartness Iredell 



1 Thomas Falkner was appointed in 1761, but never qualified. He farmed out the 
office to Strudwick. 



The Auditor 73 



THE AUDITOR 

Art. Ill, Sec. 1, Constitution; Art. 5, Ch. 129, C. S. 

Baxter Durham, State Auditor, Raleigh. 

Title — State Auditor. 

Appointment — Elected by the people. 

Term — Four years. 

Salary — $4,500. 

Ex Officio Member — Council of State, State Board of Education, 
State Board Pensions, Printing Commission, Secretary of the 
Sinking Fund Commission. 

Function 

To superintend the fiscal affairs of the State; to keep and state 
all accounts in which the State is interested; to draw warrants on 
the State Treasurer on approved vouchers; to suggest and effect 
plans for the improvement and management of the public revenue; 
to handle the pension system; to cause to be audited the accounts 
of each State department and institution. 

Ch. 163, P. L. 1921. To cause to be examined, audited and ad- 
justed the various accounts, systems of accounts and accounting of 
the several State departments, and institutions; to devise systems 
for control and disbursements of the funds of the State, its de- 
partments and institutions; to require all officers of the State, its 
departments and institutions to install such systems of accounting 
procedures and control of disbursement of funds as he elects; to 
have departments and institutions examined and audited from time 
to time; to employ experts and accountants to examine, analyze 
and report on such departments and institutions. 

Ch. 214, P. L. 1927. To require all counties, townships, school 
districts or other municipal corporations to report to the State 
Auditor on or before July 1, 1927, all bonds or notes having a fixed 
maturity of one year or more from date thereof, and also to make 
report to State Auditor within thirty days after the issuance of 
any bond or note having a fixed maturity of at least one year from 
date. The State Auditor is directed to furnished the necessary 
forms and keep on file statements as required in the foregoing. 



74: Executive Departments 

Reports. To report annually to the Governor and biennially to 
the General Assembly a complete statement of receipts and ex- 
penditures of the State during preceding fiscal year and as far as 
possible of the current year, together with detailed estimate of 
proposed expenditures for ensuing fiscal year, specifying therein 
each object of expenditure and distinguishing between such as are 
provided for by permanent or temporary appropriations, and such 
as must be provdied for by a new statute, and to suggest the 
means from which such expenditures are to be defrayed. 

Comptrollers 1 

1782-1784 Richard Caswell Dobbs 

1784-1808 John Craven Halifax 

1808-182 1 Samuel Goodwin Cumberland 

1821-1827 Joseph Hawkins Warren 

1827 John L. Henderson Rowan 

1827-1834 James Grant Halifax 

1834-1836 Nathan Stedman Chatham 

1836-1851 William F. Collins Nash 

1851-1855 William J. Clarke Wake 

1855-1857 George W. Brooks Pasquotank 

1857-1867 Curtis H. Brogden Wayne 

1867-1868 S. W. Burgin 

Auditors of Public Accounts 2 

1862-1864. .Samuel F. Phillips Orange 

1864-1865 Richard H. Battle 1 Wake 

State Auditors 

1868-1873 . Henderson Adams 

1873-1875 John Reilley Cumberland 

1875-1879 Samuel L. Love Haywood 

1880-1889 William P. Roberts Gates 

1890-1893 George W. Sanderlin Lenoir 

1893-1897 Robert M . Furman Buncombe 

1898-1900 Hal. W. Ayer Wake 

1901-1910 Benjamin F. Dixon Cleveland 

1910 Benjamin F. Dixon, Jr Wake 

1911-1921 William P. Wood Randolph 

1921 Baxter Durham Wake 



1 The office of State Auditor was created by the Constitution in 1868. Prior to 1868 
there was a Comptroller appointed by the General Assembly. 

3 This office was created by the Laws of 1862, and abolished a few years later. 



The Treasurer 75 

THE TREASURER 

Art. Ill, Constitution; Ch. 129, C. S. 

B. R. Lacy, State Treasurer, Raleigh. 

Title — State Treasurer. 
Appointment — Elected by the people. 
Term — Four years. 
Salary— $4,500. 

Ex Officio Member — Council of State; State Board of Education 
(Treasurer), Board of Public Buildings and Grounds. 

Ex Officio Treasurer — Hospitals for Insane (3), A. and E. Col- 
lege, State Deaf and Dumb School (Morganton), Deaf, Dumb and 
Blind School (Raleigh), State Prison, Soldiers' Home, Caswell 
Training School, State Hospital for Dangerous Insane, Confederate 
Women's Home, Department of Agriculture, State Board of Edu- 
cation, State Board for Vocational Education. 

The duties of the State Treasurer as prescribed by law are as 
follows : 

1. To keep his office in the city of Raleigh and attend there be- 
tween the hours of 9 o'clock a. m. and 5 o'clock p. m., except Sun- 
days and legal holidays. 

2. To receive all moneys that may be paid into the Treasury of 
the State; to pay interest on State bonds and all warrants legally 
drawn on the Treasurer by the Auditor, and to report to the Gov- 
ernor and the General Assembly the financial condition of the 
State, including a summary of the receipts and disbursements for 
each fiscal year. 

Historical Note 

The office of Treasurer originated in 1715 with the appointment 
of Edward Moseley. From 1740 to 1779 there were two districts, 
Northern and Southern, with a Treasurer for each. From 1779 to 
1782 there were six districts, each with a Treasurer, as follows: 
Edenton, Salisbury, Hillsboro, Halifax, New Bern, Wilmington. 
In 1782 a seventh district — Morgan — was created. In 1784 the 
district system was abandoned, and a treasurer for the State was 
elected. The colonial treasurers were appointed, and their duties 
defined by the General Assembly at pleasure. The Constitution of 



76 Executive Departments 

1776 made the term one year; that of 1835 made it two years. The 
Constitution of 1868 made the office elective by the people and the 
term four years. 

CONSOLIDATED STATEMENT STATE TREASURY FOR 
FISCAL YEAR ENDING JUNE 30, 1928 

RECEIPTS 

Balance July 1, 1927 - - -$20,112,829.14 

General Fund Tax $14,703,957.64 

General Fund Non Tax Revenue . . 4, 751, 968. 61 
General Fund Transfers .. 573,549.27 



Special Fund Tax Revenue 19 , 457 , 637 . 30 

Special Fund Non Tax Revenue... 9,026,264.87 

Sinking Funds 462,213.47 

Trust Funds (County Loan ) 852 , 680 . 26 

Special Fund Transfers 5,132,839.53 



Bond Sales 17,100,000.00 

Notes and Renewals 5,600,000.00 



$20,029,475.52 



34,931,635.43 



22,700,000.00 



$77,661,110.95 
$97 , 773 , 940 . 09 



DISBURSEMENTS 

General Fund $18,626,391.18 

General Fund Transfers 214,250.00 

$18,840,641.18 

Special Funds 45,089,867.97 

Notes Paid and Renewals 13 , 750 , 000 . 00 



$77,680,509.15 



Cash Balance June 30, 1928 $20,093,430.94 



STATE DEBT OF NORTH CAROLINA 
June 30, 1928 



4% State Hospital 

4% Refunding 

4% Administration Building 

4% School for Feeble-Minded 

4% Improvement 

4% Edu. and Char. Inst. Imp. SeriaL 

5% State Funding Serial Bonds 

4j|% General Fund Notes 



$ 


500,000.00 
3,980,000.00 

250,000.00 
60,000.00 
1,142,500.00 
1,068,500.00 
4,500,000.00 
8,588,000.00 


$20,089,000.00 



Educational and Charitable Institution Bonds: 

41/cr 11,547,000.00 

aU%" 7,600,000.00 

5% 3,372,000.00 

/0 $22,519,000.00 

Public School Building Serial: 

4% 1,100,000.00 

4U%" '" 5,000,000.00 

a\1%" 9, 585, 000. 0Q 

7i/c $15,6S5,000.00 



The Treasurer 77 

Highway Serial Bonds: 

4% $ 26,000,000.00 

4}4% 15,000,000.00 

4V£% 61,697,000.00 

4ji% 3,750,000.00 

5% 4,552,600.00 

$110,999,600.00 

Total Bonded Debt $169,292,600.00 

Notes: 

3.90% Notes anticipating Bonds 

Sales (Highway) $ 1,850,000.00 

Total State Debt $171,142,600.00 

Bonds Authorized, Not Issued: 

Highway (Balance) $ 4,000,000.00 

World War Veterans Loan 2,000,000.00 

Institutional Building 5,247,000.00 

Prison Farm 400,000.00 

Chowan River Bridge 600,000.00 

Cape Fear River Bridge 1,250,000.00 

School Building (Balance) 1,400,000.00 

$ 14,897,000.00 



As these bonds are sold the scheduled notes will be retired. 



Colonial Treasurers 

1715-1740 Province-at-large Edward Moseley 

1740-1749 Southern District Edward Moseley 

1740-1748 Northern District John Hodgson 

1749-1750 Southern District Eleazer Allen 

1748-1752 Northern District Thomas Barker 

1750-1756 Southern District John Starkey 

1752-1754 Northern District John Haywood 

1766-1773 Southern District John Ashe 

1773-1776 Southern District Richard Caswell 

1754-1766 Northern District Joseph Montfort 



District Treasurers 

1777-1779 Southern District John Ashe, New Hanover 

1777 _ ...Northern District Samuel Johnston, 'Chowan 

1777-1779 Northern District William Skinner 

1779-1784 Edenton District William Skinner 

1779-1782 Salisbury District William Cathey 

1782-1784 Salisbury District Robert Lamer 

1779 - .Hillsboro District William Johnston 1 

1779 .Hillsboro District Nathaniel Rochester 2 

1779-1782 Hillsboro District Matthew Jones 

1782-1784 ...Hillsboro District Memucan Hunt, Granville 

1779-1784 Halifax District Green Hill 

1779-1782 New Bern District Richard Cogdell, Craven 

1782-1784 New Bern District Benjamin Exum 

1779-1782 ...Wilmington District John Ashe, New Hanover 

1782-1784 Wilmington District Timothy Bloodworth, New Hanover 

1782-1784 Morgan District John Brown 



1 Declined to serve. 



Ueclined to serve. 
•Election declared illegal because he was a member of the General Assembly. 



78 Executive Departments 



State Treasurers 

1784-1787 Memucan Hunt Granville 

1787-1827 John Haywood Edgecombe 

1827-1827 John S. Haywood .Wake 

1827-1830 William Robards Granville 

1830 Robert H. Burton 1 .Lincoln 

1830-1835 William S. Mhoon Bertie 

1835-1837 Samuel F. Patterson . .Wilkes 

1837-1839 Daniel W. Courts ...Surry 

1839-1843 Charles L. Hinton Wake 

1843-1845 John H. Wheeler _ Lincoln 

1845-1852 Charles L. Hinton Wake 

1852-1862 Daniel W. Courts Surry 

1862-1865 Jonathan Worth Randolph 

1865-1865 William Sloan Anson 

1865-1868 Kemp P. Battle ...Wake 

1869-1876 David A. Jenkins Gaston 

1876-1885 John M . Worth Randolph 

1886-1892 Donald W. Bain . . .Wake 

1893-1895 Samuel McD. Tate Burke 

1895-1901 William H. Worth Guilford 

1901 Benjamin R. Lacy Wake 



SUPERINTENDENT OF PUBLIC INSTRUCTION 

Sec. 1, Art. Ill, Constitution; Ch. 95, C. S. ; Ch. 61, P. L. 1921; Ch. 136, 

P. L. 1923. 

A. T. Allen, Superintendent of Public Instruction, Raleigh. 

Title — Superintendent of Public Instruction. 
Appointment — Elected. 
Term — Four years. 
Salary — $5,000. 

Ex Officio Member — Board of Trustees University of North 
Carolina, President Board of Trustees North Carolina College for 
Women, President Board of Trustees East Carolina Teachers' 
College, Secretary State Board of Education, Board of Trustees 
State Library, Executive Officer State Board for Vocational Edu- 
cation, Child Welfare Commission, Library Commission. 

Function 

To direct the operation of the public schools within the state of 
North Carolina, and to enforce the laws and regulations in re- 
lation thereto; to appoint jointly with the Governor the Elementary 
Text Book Commission and to receive their report; to appoint 
jointly with the Governor a Committee on High School Text Books 



1 Declined to serve. 



Superintendent op Public Instruction 79 

and to receive their report and transmit it to the State Board of 
Education. 

To prepare or have prepared and cause to be printed and dis- 
tributed Course of Study for the Elementary Schools, High School 
Course of Study, Course of Study in Physical Education, and 
Course of Study in Americanism; to supervise work of rural 
libraries; to provide educational films for schools; to provide for 
the celebration of certain special days and to print programs 
therefor; to arbitrate disputes between counties over the support 
of joint school districts; to hear evidence relative to the inefficiency 
of county superintendents; and to perform such other duties as 
may be imposed by law or by the rules and regulations of the State 
Board of Education. 

Reports. To report biennially to the Governor at least five days 
prior to regular session of General Assembly, giving information 
and statistics of the public schools with recommendations as to 
changes in the law. 

Section XLI of the Constitution of North Carolina of 1776 is as 
follows: "That a school or schools be established by the Legis- 
lature, for the convenient instruction of youth, with such salaries 
to the masters, paid by the public, as may enable them to instruct 
at low prices; and all useful learning shall be duly encouraged and 
promoted in one or more universities." 

Except for the establishment of the University of North Caro- 
lina, no attempt was made by the Legislature to carry out this in- 
junction of the Constitution until nearly three-quarters of a 
century had elapsed. The first efforts were a failure and nothing 
definite was accomplished until the creation of a Department of 
Education by the election in 1851 of Calvin H. Wiley, Superin- 
tendent of Common Schools. He entered upon the duties of his 
office in January, 1852, and was continued in office until October 
19, 1865. The following figures tell the story of his work: Num- 
ber of teachers in 1852, 800; in 1855, 2,064; in 1860, 2,286. En- 
rollment in the schools in 1853, 83,373; in 1855, 115,856; in 1860, 
116,567. Number of schools taught in 1855, 1,905; 1860, 2,854. 
School fund in 1853, $192,250; in 1860, $408,566. Expenditures in 
1853, $139,865; in 1860, $255,641. The schools were kept open 
throughout the war, and in 1863 enrolled more than 50,000 pupils. 



80 Executive Departments 

In 1865, as one of the results of the war, the office of Superin- 
tendent of Common Schools was abolished. 

By the Constitution of 1868 the office of Superintendent of Pub- 
lic Instruction was created, and defined practically as it exists 
today. 

Education in Our Present Constitution 

Article IX of the Constitution of North Carolina relates to edu- 
cation. It reads as follows: 

Section 1. Religion, morality, and knowledge being necessary 
to good government and the happiness of mankind, schools and the 
means of education shall forever be encouraged. 

Sec. 2. The General Assembly, at its first session under this 
Constitution, shall provide by taxation and otherwise for a general 
and uniform system of public schools, wherein tuition shall be free 
of charge to all the children of the State between the ages of six 
and twenty-one years. And the children of the white race and the 
children of the colored race shall be taught in separate public 
schools; but there shall be no discrimination in favor of or to the 
prejudice of either race. 

Sec. 3. Each county of the State shall be divided into a con- 
venient number of districts in which one or more public schools 
shall be maintained at least six months in every year; and if the 
commissioners of any county shall fail to comply with the aforesaid 
requirements of this section they shall be liable to indictment. 

Sec. 4. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this State and not other- 
wise appropriated by this State or the United States, also all 
moneys, stocks, bonds and other property now belonging to any 
State fund for purposes of education, also the net proceeds of all 
sales of the swamp lands belonging to the State, and all other 
grants, gifts or devises that have been or hereafter may be made to 
the State and not otherwise appropriated by the State or by the 
terms of the grant, gift or devise, shall be paid into the State 
Treasury, and, together with so much of the ordinary revenue of 
the State as may be by law set apart for that purpose, shall be 
faithfully appropriated for establishing and maintaining in this 
State a system of free public schools, and for no other uses or 
purposes whatsoever. 



Superintendent op Public Instruction 81 

Sec. 5. All moneys, stocks, bonds, and other property belonging 
to a county school fund, also the net proceeds from the sale of 
estrays, also the clear proceeds of all penalties and forfeitures and 
of all fines collected in the several counties for any breach of the 
penal or military laws of the State, and all moneys which shall be 
paid by persons as an equivalent for exemption from military duty 
shall belong to and remain in the several counties and shall be 
faithfully appropriated for establishing and maintaining free pub- 
lic schools in the several counties in this State : Provided, that the 
amount collected in each county shall be annually imported to the 
Superintendent of Public Instruction. 

Sec. 6. The General Assembly shall have power to provide for 
the election of trustees of the University of North Carolina, in 
whom, when chosen, shall be vested all the privileges, rights, fran- 
chises and endowments thereof in any wise granted to or conferred 
upon the trustees of said University; and the General Assembly 
may make such provisions, laws and regulations from time to time 
as may be necessary and expedient for the maintenance and man- 
agement of said University. 

Sec. 7. The General Assembly shall provide that the benefits 
of the University as far as practicable, be extended to the youth of 
the State free of expense for tuition; also that all the property 
which has heretofore accrued to the State or shall hereafter accrue 
from escheats, unclaimed dividends or distributive shares of the 
estates of deceased persons shall be appropriated to the use of the 
University. 

Sec. 8. The Governor, Lieutenant-Governor, Secretary of State, 
Treasurer, Auditor, Superintendent of Public Instruction, and At- 
torney-General shall constitute a State Board of Education. 

Sec. 9. The Governor shall be president and the Superintendent 
of Public Instruction shall be secretary of the Board of Education. 

Sec. 10. The Board of Education shall succeed to all the powers 
and trusts of the president and directors of the literary fund of 
North Carolina, and shall have full power to legislate and make all 
needful rules and regulations in relation to free public schools and 
the educational fund of the State; but all acts, rules and regula- 
tions of said board may be altered, amended, or repealed by the 
General Assembly, and when so altered, amended or repealed they 
shall not be re-enacted by the board. 



82 Executive Departments 

Sec. 11. The first session of the Board of Education shall be 
held at the capital of the State within fifteen days after the organ- 
ization of the State Government under this Constitution; the time 
of future meetings may be determined by the board. 

Sec. 12. A majority of the board shall constitute a quorum for 
the transaction of business. 

Sec. 13. The contingent expenses of the board shall be pro- 
vided by the General Assembly. 

Sec. 14. As soon as practicable after the adoption of this Con- 
stitution the General Assembly shall establish and maintain in 
connection with the University a department of agriculture, of 
mechanics, of mining and of normal instruction. 

Sec. 15. The General Assembly is hereby empowered to enact 
that every child of sufficient mental and physical ability shall at- 
tend the public schools during the period between the ages of six 
and eighteen years for a term of not less than sixteen months, un- 
less educated by other means. 

Sec. 27. The people have the right to the privilege of education, 
and it is the duty of the State to guard and maintain that right. — 
Bill of Rights, North Carolina Constitution. 

Article II, section 29: 

The General Assembly shall not pass any local, private, or spe- 
cial act or resolution: "Erecting new townships, or changing 
township lines, or establishing or changing the lines of school 
districts." 

educational qualifications for suffrage 

Aticle VI, section 4, of the Constitution of North Carolina, con- 
tains the following: 

Every person presenting himself for registration shall be able to 
read and write any section of the Constitution in the English lan- 
guage. But no male person who was, on January 1, 1867, or at 
any time prior thereto, entitled to vote under the laws of any 
state in the United States wherein he then resided, and no lineal 
descendant of any such person, shall be denied the right to reg- 
ister and vote at any election in this State by reason of his failure 
to possess the educational qualification herein prescribed: Pro- 
vided, he shall have registered in accordance with the terms of this 
section prior to December 1, 1908. 



Attorney-General 83 

Superintendent of Common Schools 1 
1852-1865 Calvin H. Wiley Guilford 

Superintendents of Public Instruction 

1868-1872 S. S.Ashley New Hanover 

1872-1874 Alexander Mclver __ Guilford 

1874-1876 Stephen D. Pool Craven 

1876 John Pool Pasquotank 

1877-1884 John C. Scarborough .Johnston 

1885-1892 Sidney M. Finger Catawba 

1893-1896 John C. Scarborough . Hertford 

1897-1900 Charles H. Mebane Catawba 

1901-1902 Thomas F. Toon Robeson 

1902-1918 lames Y. Joyner .. Guilford 

1919-1923 E. C. Brooks Durham 

1923 A. T. Allen Alexander 



THE ATTORNEY-GENERAL 

Dennis G. Brum mitt, Attorney-General, Raleigh. 

The Attorney-General is a member of the Executive Department 
of the State Government. He is elected by the people for a term 
of four years. His term begins the first of January next after his 
election and continues until his successor is elected and qualified. 
He receives a salary of $4,000 per annum, and $100 for attending 
each term of Supreme Court. 

It is the duty of the Attorney-General : 

1. To defend all actions in the Supreme Court in which the 
State shall be interested or is a party; and, also, when requested 
by the Governor or either branch of the General Assembly, to ap- 
pear for the State in any other court or tribunal in any cause or 
matter, civil or criminal, in which the State may be a party or 
interested. 

2. At the request of the Governor, Secretary of State, Treas- 
urer, Auditor, Corporation Commissioners, Insurance Commis- 
sioner, or Superintendent of Public Instruction, he shall prosecute 
and defend all suits relating to matters connected with their de- 
partments. 

3. To represent all State institutions, including the State 
Prison, whenever requested so to do by the official head of any 
such institution. 



1 Office abolished in 1865. 



84 Executive Departments 

4. To consult with and advise the solicitors, when requested by 
them, in all matters pertaining to the duties' of their office. 

5. To give, when required, his opinion upon all questions of law 
submitted to him by the General Assembly, or either branch 
thereof, or by any official of the State. 

6. To pay all moneys received for debts due or penalties to the 
State immediately after the receipt thereof, into the Treasury. 

The Attorney-General is a member of the State Board of Edu- 
cation, of the State Board of Public Buildings and Grounds, of the 
State Board of Pensions, of the State Textbook Commission, and of 
the Printing Commission, and is the legal adviser of the Council 
of State; chairman of the Municipal Board of Control; member 
of the State Board of Assessment. 

There are three Assistant Attorneys-General: Frank Nash, 
Charles Ross and Walter D. Siler, of Raleigh. 

Historical Note 

In the colony the Attorney-General was appointed at pleasure 
by the Crown. In addition to his other duties he was a Justice of 
the Peace. George Durant, the first Attorney-General, was ap- 
pointed in 1677, and the office has continued since that time. The 
Constitution of 1776 made the office appointive by the General As- 
sembly to continue during good behavior. The Constitution of 1835 
limited the term to four years with the provision that it might be 
increased. The Constitution of 1868 defined the office as it is to- 
day. The Attorney-General, by an act of the General Assembly 
of 1925 (Chapter 207), was allowed three assistants, to be ap- 
pointed by him and severally to be assigned to the State Highway 
Commission, the State Department of Revenue and the Attorney- 
General. 

Attorneys-General 

1677-1679 George Durant 1734-1734 ...John Hodgson 

1694 John Porter 1734-1741 John Montgomery 

1703 Richard Plater 1741-1747 Joseph Anderson 

1705 Thomas Snowden 1747-1755 Thomas Child 

1712-1713 Edward Bonwicke 1755-1756 George Nicholas 

1716-1724 William Little 1756-1756 Charles Elliott 

1724-1725 Thomas Boyd 1756-1766 Robert Jones' 

1725-1731 William Little 1759-1766 Thomas Child 1 

1731-1731 John Connor 1766-1767 Marmaduke Jones 

1731-1734 John Montgomery 1767, Thomas McGuire 

1 Jones and Child held commissions, at the same time, but Child was in 
England during part of his term. 



Council of State 85 

1777-1779 Waightstill Avery Burke 

1779-1782 James Iredell Chowan 

1782-1791 Alfred Moore Brunswick 

1791-1794 John Haywood Halifax 

1795-1802 Blake Baker Edgecombe 

1803-1808 Henry Seawell Wake 

1808-1810 Oliver Fitts Warren 

1810 William Miller Warren 

1810-1816 Hutchins G. Burton Halifax 

1816-1825 William Drew Halifax 

1825-1828 James F. Taylor Wake 

1828 Robert H. Jones Warren 

1828-1835 Romulus M. Saunders Caswell 

1835-1840 John R. J. Daniel- .-■- Halifax 

1840-1842 Hugh McQueen. .. Chatham 

1842-1846 Spier Whitaker Halifax 

1846-1848 Edward Stanly Beaufort 

1848-1851 Bartholomew F. Moore Halifax 

1851-1852 William Eaton, Jr. Warren 

1852-1855 Matt W. Ransom Northampton 

1855-1856 Joseph B. Batchelor Warren 

1856-1860 William H. Bailey Mecklenburg 

1860-1863 William A. Jenkins Granville 

1863-1868 Sion H. Rogers Wake 

1868-1869 William M. Coleman 

1870-1871 Lewis P. Olds Wake 

1871-1873 William M. Shipp Lincoln 

1873-1876 Tazewell L. Hargrove Granville 

1876-1885 Thomas S. Kenan Wilson 

1885-1893 . . Theodore F. Davidson Buncombe 

tS93-1897rTrrrm Frank I. Osborne : Mecklenburg 

1897-1900 Zeb V. Walser Davidson 

1900-1901 Robert D. Douglas Guilford 

1901-1909 Robert D. Gilmer Haywood 

1909-1917 Thomas W. Bickett .. Franklin 

1917-1925 James S. Manning Wake 

1925.. . Dennis G. Brummitt Granville 



COUNCIL OF STATE 

Sec. 9, Art. Ill, Constitution; Sec. 14, Art. Ill, Constitution; Sec. 6547, Ch. 

107, C. S. ; Sec. 6937, Art. 2, Ch. 113, C. S. ; Sec. 7637, Art. 3, Ch. 129, 

C. S.; Ch. 50, P. L. 1921, Extra Session; Chs. 89, 157, P. L. 1925. 

Composition (4) — Secretary of State, Auditor, Treasurer, Super- 
intendent Public Instruction, ex officio members. Attorney- 
General, legal adviser to Executive Department. 

Term — Four years. 

Function 

To advise the Governor in the execution of his office, any three 
constituting a quorum; to keep a signed record of their advice and 
proceedings in this capacity, from any part of which any member 
may enter his dissent; to furnish such records to the General As- 



86 Executive Departments 

sembly as are required; to convene at call of the Governor; to 
advise with the Governor in regard to convening General Assembly 
for extra session. To approve or reject, in conjunction with the 
Governor, any proposed encumbrance on the franchise or property 
of any corporation in which the State is a stockholder or otherwise 
has an interest. State bonds and certificates may be signed in lieu 
of the Treasurer, in case of his absence or inability to sign, by any 
member of the Council of State designated by it. The Governor 
and Council of State shall have charge of all the State's interest in 
all railroads, canals, and other works of internal improvement and 
shall report biennially to the General Assembly on their condition, 
suggesting at the same time such improvements as they deem 
proper. 

Historical Note 

The Proprietary Govei'nor was assisted in the administration by 
a Council. The organization of the Council, and the method of 
selecting its members, varied with the varying moods of the Lords 
Proprietors. In 1663 they directed Governor Berkeley to select a 
Council of six. Two years later they fixed its membership at an 
even number from six to twelve, inclusive, to be determined by the 
Governor. In 1670, probably with the idea of making the Council 
more representative of the varied colonial interests, they changed 
the number to ten, five of whom were to be their own deputies 
seleeted by themselves and five to be selected by the General As- 
sembly. This plan was continued till 1691 when, the Council hav- 
ing become an upper house of the General Assembly, the Lords 
Proprietors instructed the Governor to consider the deputies alone 
as members. At the same time, it was determined that each of 
the Lords Proprietors should be represented in the province by a 
deputy. Finally, in 1724, the deputies were abolished and the 
Council was organized with twelve members selected by the Lords 
Proprietors. The functions of the Council were two-fold, executive 
and legislative. Together with the Governor, it composed the 
executive branch of the government, and was charged with many 
important duties; independently of the Governor its executive 
functions were inconsiderable. Upon the death or absence of the 
Governor, the Council chose a president who administered the gov- 
ernment until the vacancy was filled. 



Council op State 87 

The Council formed a part of the legislative branch of the gov- 
ernment. Prior to 1691, the legislature, usually called the General 
Assembly, but sometimes referred to as the Grand Assembly, was 
composed of the Governor, the Councilors, and the Delegates of 
the people sitting together as one body. After that date the 
Council became an upper house, and the delegates a lower house 
called the House of Commons. This development was the result 
not of design but of custom, and came about in a thoroughly char- 
acteristic English way. As acts of the Assembly were not valid 
until signed by the Governor and three deputies, it became the 
custom of the Governor and deputies to meet independently of the 
Assembly to consider such measures as the Assembly presented for 
their signatures. Thus the deputies, probably feeling that it was 
unnecessary for them to pass twice on the same matters, gradually 
dropped out of the larger body and after a while came to be 
thought of as a separate and distinct legislative chamber. The 
Lords Proprietors formally recognized them as such in 1691. At 
the same time the five councilors elected by the Assembly were 
dropped from the Council leaving that body composed of the 
deputies only. 

The functions of the Council remained the same under the Crown 
as under the Proprietors. They were provided for in the instruc- 
tions from the Crown to the Governor, which also named the first 
councilors. Vacancies were filled by the King with the board of 
trade. The Council with the Governor represented the Crown in 
the province. The Governor could not act without the consent of at 
least three councilors, but the Governor could suspend his coun- 
cilors for misconduct, and in the case of vacancy could recommend 
a successor. The authority, usually advisory, of the Council ex- 
tended over actions of the Governor and other officers, quit rents, 
land grants, claims, and warrants, the court of exchequer, patents, 
commissions, administrators, Indians, reprieves and pardons, 
audits, cases of equity, legislative acts. 

The Constitution of 1776 continued the Council, but made the 
office elective by the General Assembly, for the term of one year, 
and the number of councilors seven. The Constitution of 1868 
defined the Council of State as it is today. 



PART III 



JUDICIAL DEPARTMENT 



Court of Impeachment. 
Supreme Court. 
Superior Courts. 
Other Inferior Courts. 
5. Corporation Commission. 



JUDICIAL DEPARTMENT 

The judicial power of the State is vested in: 

1. A Court for the Trial of Impeachments. 

2. A Supreme Court. 

3. The Superior Courts. 

4. Courts of Justices of the Peace. 

5. Such other inferior courts as may be established by the 
General Assembly. 



COURT OF IMPEACHMENT 

Article IV, section 3, of the Constitution of North Carolina pro- 
vides that the court for the trial of impeachment shall be the 
Senate. A majority of the members are necessary to a quorum, 
and the judgment shall not extend beyond removal from and dis- 
qualification to hold office in North Carolina; but the party shall 
be liable to indictment and punishment according to law. The 
House of Representatives solely has the power of impeaching. No 
person shall be convicted without the concurrence of two-thirds 
of the Senators present. When the Governor is impeached, the 
Chief Justice presides. The following causes, or charges, are suf- 
ficient, when proved, to warrant conviction: (1) corruption in 
office; (2) habitual drunkenness; (3) intoxication while in the 
exercise of office; (4) drunkenness in any public place; (5) mental 
or physical incompetence to discharge the duties of office; (6) any 
criminal matter the conviction whereof would tend to bring the 
office into public contempt. 

Only once in the history of the State has the High Court of 
Impeachment been organized for the purpose of impeaching the 
Governor. This was in 1870, when the House of Representatives 
impeached Governor W. W. Holden before the Senate, for "high 
crimes and misdemeanors." The trial was conducted on both sides 
by the most eminent lawyers of the State, and resulted in the 
conviction of the Governor and his removal from office. In 1911 
similar charges of impeachment were preferred against Chief Jus- 
tice David M. Furches and Associate Justice Robert M. Douglas, 
but both were acquitted. 



!»:! Judicial Department 



THE SUPREME COURT 

Composition — Five members. 

Personnel — W. P. Stacy, Chief Justice; and Heriot Clarkson, 
G. W. Connor, W. J. Adams, and W. J. Brogden, Associate 
Justices. 

Appointment — Elected by the people. 

Term — Eight years. 

Compensatio?i — $7,500 per year and $500 per year in lieu of 
traveling expenses. 

The Constitution of 1776 required the General Assembly to 
"appoint Judges of the Supreme Courts of Law and Equity, Judges 
of Admiralty, and Attorney-General," who were commissioned by 
the Governor and held office during good behavior. Acting under 
this authority, the General Assembly in 1776 divided the State into 
six judicial districts. In 1782 a seventh district and in 1787 an 
eighth district were added. Under the act of 1777 three judges, 
Samuel Ashe, Samuel Spencer, and James Iredell, were chosen. 
The judges rode the circuits separately, but sat together as an 
appellate court. In 1790 the eight judicial districts were divided 
into an eastern and a western riding, and a fourth judge was 
added, two being assigned to each riding. In each riding the two 
judges sat together as an appellate court. In 1797 the General 
Assembly created an extraordinary court for the purpose of trying 
the Secretary of State and other officials who had been discovered 
confederating with others in an elaborate scheme for defrauding 
the State by issuing fraudulent land warrants. For trial of these 
criminals the General Assembly deemed it expedient to create a 
new court to sit at Raleigh twice a year, not exceeding ten days 
at each term. The court was authorized to hear appeals of causes 
which had accumulated in the district courts. The existence of 
this court under the act was to expire at the close of the session 
of the General Assembly next after June 10, 1802; but before the 
expiration of this time the General Assembly continued the court 
for three years longer, for the purpose of hearing appeals from 
the district courts, and gave it the name of "Court of Conference." 
By an act of 1804 the court was made a permanent Court of 



Superior Courts 93 

Record. The judges were ordered to reduce their opinions to 
writing and to deliver the same viva voce in open court. The next 
year (1805) the name of the court was changed to the Supreme 
Court. In 1810 the judges were authorized to elect one of their 
members Chief Justice, John Louis Taylor being chosen to that 
office. The Supreme Court, now consisted of six judges, but two 
continued to be a quorum, and all the judges still rode the circuits. 
In 1818 an act was passed establishing the present Supreme 
Court and requiring it to sit in Raleigh for the hearing of appeals. 
The act provided for three judges to be elected by the General 
Assembly. John Louis Taylor, Leonard Henderson, and John Hall 
composed the first court, which began its session January 1, 1819. 
The judges elected their own Chief Justice, Taylor being continued 
in that office. The number of judges continued to be three until 
1868, when the Constitution adopted by the convention of that year 
increased the number to a Chief and four Associate Justices. The 
convention of 1875 reduced it again to three, but by an amendment 
adopted in 1888 the number was raised to a Chief Justice and four 
Associate Justices, where it has continued until the present time. 
The Supreme Court holds annually two sessions of sixteen weeks, 
one beginning the first Monday in February, the other the last 
Monday in August. 

The court is authorized to choose its own clerk, marshal, reporter, 
and other officers. 

The salary of the justices of the Supreme Court was raised from 
$6,500 to $7,500 per year by Chapter 69, Public Laws of 1927. 



SUPERIOR COURTS 

Composition — Twenty judicial districts, each with one Superior 
Court judge. 

Personnel — W. L. Small, First District, Elizabeth City; M. V. 
Barnhill, Second District, Rocky Mount; Garland E. Midyette, 
Third District, Jackson; F. A. Daniels, Fourth District, Golds- 
boro; R. A. Nunn, Fifth District, New Bern; H. A. Grady, Sixth 
District, Clinton; W. C. Harris, Seventh District, Raleigh; E. H. 
Cranmer, Eighth District, Southport; N. A. Sinclair, Ninth Dis- 
trict, Fayetteville; W. A. Devin, Tenth District, Oxford; J. H. 



94 Judicial Department 

Clement, Eleventh District, Winston-Salem; Thomas J. Shaw, 
Twelfth District, Greensboro; A. M. Stack, Thirteenth District, 
Monroe; W. F. Harding, Fourteenth District, Charlotte; J. M. 
Oglesby, Fifteenth Distinct, Concord; J. L. Webb, Sixteenth Dis- 
trict, Shelby; T. B. Finley, Seventeenth District, Wilkesboro; 
Michael Schenck, Eighteenth District, Hendersonville; P. A. 
McElroy, Nineteenth District, Marshall; Walter E. Moore, Twen- 
tieth District, Sylva. 

Appointment — Elected by the people. 

Term — Eight years. 

Compensation — $6,500 per year and $1,550 per year in lieu of 
traveling expenses. 

The Superior Court has appellate jurisdiction of all issues of 
law or of fact determined by a clerk of the Superior Court or jus- 
tice of the peace, and of all appeals from inferior courts for error 
assigned in matters of law as provided by law. In the matter of 
original jurisdiction the law is: 

"The Superior Court shall have original jurisdiction of the civil 
actions whereof exclusive original jurisdiction is not given to some 
other court, and of all criminal actions in which the punishment 
may exceed a fine of fifty dollars or imprisonment for thirty days; 
and of all such affrays as shall be committed within one mile of the 
place where and during the time such court is being held." 

The salary of Superior Court judges was raised from $5,000 to 
$6,500 per year by Chapter 69, Public Laws of 1927. 

By Chapter 206, Public Laws of 1927, the Governor is required 
to appoint four special Superior Court judges, two from the West- 
ern and two from the Eastern Judicial Division; and he may, if 
he deems it necessary, appoint two additional special judges, one 
each from the aforementioned divisions. 



OTHER COURTS 

The Constitution gives to the General Assembly power to estab- 
lish other courts inferior to the Supreme and Superior Courts, and 
to allot and distribute to them such powers and jurisdiction, within 
constitutional limits, as it sees fit. From the decision of these 
inferior courts the Legislature has power to provide a proper 
system of appeals. 



North Carolina Corporation Commission 95 

The Constitution also requires the General Assembly to provide 
for the establishment of special courts for the trial of misde- 
meanors in cities and towns where the same may be necessary. 

Such courts are the mayors of cities and incorporated towns. 
Their election or appointment is usually provided for in the char- 
ters of incorporation, the acts of the General Assembly prescrib- 
ing how particular towns and cities shall be governed. 

The jurisdiction of such special courts — also called in the law, 
inferior courts — is usually set forth in the charters. 

The general law also provides that "the mayor of every city and 
incorporated town . . . within the corporate limits of his city 
or town, shall have the jurisdiction of a justice of the peace in all 
criminal matters arising under the laws of the State or under the 
ordinances of such city or town." 

Justices of the peace, in their respective counties, try (1) that 
class of civil actions which involve demands for small debts and 
property of little value and (2) that class of criminal actions, 
called petty misdemeanors, which involve only slight punishment. 

They try all cases of contract or promise to pay money where the 
sum demanded does not exceed two hundred dollars. 

They may try certain other civil actions where the value of the 
property in controversy or the amount claimed for damages does 
not exceed fifty dollars. 

They try criminal cases arising within their counties, the punish- 
ment of which fixed by law cannot exceed a fine of fifty dollars or 
imprisonment for thirty days. 



NORTH CAROLINA CORPORATION COMMISSION 

R. O. Self, Clerk, Raleigh 

The North Carolina Corporation Commission was established by 
an act of the General Assembly of 1899, superseding the Railroad 
Commission, established in 1891. The offices of the Commission 
occupy the first floor of the State Departments Building. The 
Commissioners are elected, one every two years, for a period 
of six years. The present commission is composed of W. T. Lee, 



0(1 Judicial Department 

Chairman, of Haywood County; George P. Pell, Commissioner, of 
Forsyth County, and A. J. Maxwell, Commissioner, of Wake 
County. 

The Commission has general supervision over railroad, tele- 
graph, telephone, street railway, steamboat, canal, waterworks, 
and all other companies exercising the right of eminent domain, 
and also under the act of 1913, of electric light, power, water and 
gas companies. Under the act of 1923, it is given power to require 
train schedules, and adequate warehousing facilities to promote 
the more expeditious handling of less carload freight. By the act 
of 1925, it was given the supervision of motor vehicles used for 
the transportation of persons or property for compensation, and 
of capital issues, known as the Blue Sky Law. 

Details in regard to the several utilities are too voluminous to 
give in this manual, but are briefly enumerated as follows: 

ELECTRIC POWER 

In the production of electric energy North Carolina occupies a 
prominent place among the states. This business with its great 
organizations has grown out of the isolated electric plant serving 
an individual community. The past few years have witnessed a 
most remarkable degree of concentration in the electric utility 
business. There has been a constant increase in the production 
of power until now more than 2,000,000,000 kilowatt hours, annu- 
ally, are produced in the State. 

GAS UTILITIES 

Ten companies operate 25 gas plants in the State. These plants 
are located at Asheville, Burlington, Charlotte, Concord, Durham, 
Elizabeth City, Fayetteville, Gastonia, Goldsboro, Greenville, 
Greensboro, Henderson, Kinston, Kannapolis, New Bern, Oxford, 
Raleigh, Salisbury, Statesville, Washington, Winston-Salem, Wil- 
mington, Wrightsville Beach. 

STREET RAILWAYS 

Street railway systems are operated in the towns and cities of 
Asheville, Charlotte, Durham, Greensboro, New Bern, Raleigh, 
Salisbury, Winston-Salem, Wilmington and Wrightsville Beach. 
These have 163.98 miles of road. With the exception of the line 
at New Bern, all are operated by the large power companies. 



North Carolina Corporation Commission 97 

telephone utilities 
The extent of the industry in North Carolina can more readily 
be comprehended when it is realized that 162 companies are oper- 
ating 314 exchanges, with 151,096 telephones, with 184,914 miles 
of pole and cable wire. The companies report value of plants at 
$12,923,854.53. 

EXPRESS COMPANIES 

The American Railway Express Company and the Southeastern 
Express Company operate in North Carolina, the former over the 
Seaboard Air Line Railway, the Atlantic Coast Line Railroad, 
Norfolk Southern Railroad and associated lines, and the latter over 
the Southern Railway and associated lines. Their combined opera- 
tion is over 4,561 miles of road. The value of their property in 
the State is given at $337,000. 

TELEGRAPH COMPANIES 

The Western Union Telegraph Company and the Postal Tele- 
graph-Cable Company operate 545 offices in North Carolina, using 
34,211 miles of wire. The value of their property in the State is 
placed at $2,126,836. 

RAILROAD STATISTICS 

There are 60 railroad companies in North Carolina, including 
leased lines, operating 5,052 miles of road. The capital stock of 
the intrastate lines, actual figures, and of the interstate lines on 
estimated mileage basis, amounts to $110,098,408,50. The funded 
debt arrived at in the same manner is $151,283,500.22. 

Thirteen water lines offer service to North Carolina. Eight of 
these lines operate on the sounds and rivers of Eastern North 
Carolina between points in the State. The others furnish service 
between North Carolina points and Norfolk, Va., Suffolk, Va., and 
Baltimore. The Clyde Steamship Line of New York includes 
Wilmington as a port on its route between Southern ports. These 
lines, exclusive of the Clyde Line, operate 21 vessels, valued at 
$202,808.86. 

BANKING DEPARTMENT 

In 1899 the Commission was given supervision of all state 
banks. At that time there were fifty-two state banks, twenty-one 
private banks, and eight savings banks operated under the state 



98 Judicial Department 

system, making a total of eighty-one banking institutions. On 
December 31, 1927, there were 453 banks, including branches. The 
total resources of these banks amounted to $338,892,589.47. In 
addition there were 40 industrial banks with resources of 
$15,515,390.47. 

MOTOR VEHICLE DEPARTMENT 

This department has charge of the enforcement and supervision 
of what is known as the Bus Act, Chapter 50, Public Laws of 
1925, as amended by Chapter 136, Public Laws of 1927. On July 1, 
1928, sixty-six passenger bus line certificates were outstanding; 
and under these certificates, 384 motor passenger busses, with 
seating capacity of 5,912 persons, were being operated on approxi- 
mately 4,500 miles of road. Thirty-nine expi'ess or freight lines 
were in operation, using 118 trucks with a total capacity of 232 
tons. In 1927, about 2,500,000 passengers were carried. Union 
bus stations have been established at practically all termini, adding 
greatly to the comfort and efficiency of the service. Consolidation 
has practically eliminated duplication of service and has made for 
improved service to the public and benefit to the lines. 

CAPITAL ISSUES DEPARTMENT 

The Capital Issues Department of the Corporation Commission 
was established by Chapter 190, Public Laws of 1925. It is organ- 
ized by the appointment of one member of the Corporation Com- 
mission as the Commissioner in charge, and the appointment of 
an Assistant Commissioner, who is in direct charge of the work 
of the department. The department is charged with the super- 
vision of sales of securities within the State, and under the law 
registers for sale such securities as may meet the requirements 
of the law and are neither exempted by the law nor sold in an 
exempted transaction. All who deal in securities are required to 
obtain license for such business before engaging in it. (Ch. 190, 
P. L. 1925; Ch. 149, P. L. 1927.) 



PART IV 



STATE DEPARTMENTS, BOARDS, AND 
COMMISSIONS 



1. The Adjutant-General's Department. 

2. Department of Agriculture. 

3. Board of Agriculture. 

4. Joint Committee for Agricultural Work. 

5. Department of Labor and Printing. 

6. Department of Insurance. 

7. State Department of Revenue. 

8. State Board of Assessment. 

9. State Highway Commission. 

10. State Board of Health. 

11. Department of Conservation and Development. 

12. State Board of Charities and Public Welfare. 

13. Child Welfare Commission. 

14. The Budget Bureau. 

15. North Carolina Historical Commission. 

16. Library Commission of North Carolina. 

17. State Library. 

18. Law Library. 

19. Printing Commission. 

20. Salary and Wage Commission. 

21. Judicial Conference. 

22. Commissioner of Pardons. 

23. Educational Commission. 

24. State Board of Equalization. 

25. State Board of Vocational Education. 



100 State Departments, Boards, and Commissions 

26. State Committee on High School Text-Books. 

27. Text-Book Commission. 

28. Transportation Advisory Commission. 

29. State Sinking Fund Commission. 

30. State Board op Elections. 

31. State Board of Canvassers. 

32. State Board of Pensions. 

33. Commissioner op the Veterans' Loan Fund. 

34. Board op Public Buildings and Grounds. 

35. Municipal Board op Control. 

36. Board of Commissioners of Navigation and Pilotage. 

37. Crop Pest Commission. 

38. North Carolina Park Commission. 

39. The Tax Commission. 

40. State Fair. 

41. County Government Advisory Commission. 

42. Commission on the Reproduction of the Canova 

Statue of Washington. 

43. Bennett Place Memorial Commission. 

44. The North Carolina Gettysburg Memorial Com- 

mission. 

45. Andrew Johnson Memorial Commission. 

46. George Washington Bicentennial Commission. 

47. Board of Medical Examiners. 

48. Board of Chiropody Examiners. 

49. The Board of Nurse Examiners of North Carolina. 

50. Board of Pharmacy. 

51. North Carolina Board of Veterinary Medical Ex- 

aminers. 

52. North Carolina State Board of Dental Examiners. 

53. State Board of Accountancy. 

54. State Board of Architectural Examination and Reg- 

istration. 



The Adjutant General's Department 101 

55. State Board op Chiropractic Examiners. 

56. State Board of Embalmers. 

57. State Board op Examiners in Optometry. 

58. State Board of Osteopathic Examination and Regis- 

tration. 

59. State Board op Registration for Engineers and Land 

Surveyors. 

GO. State Licensing Board for Contractors. 



THE ADJUTANT GENERAL'S DEPARTMENT 

Art. Ill, Sec. 8, Constitution; Ch. 11, C. S. ; Ch. 53, P. L. 1921; 
Ch. 54, P. L. 1925. 

J. Van B. Metts, The Adjutant General, Raleigh 

Title — The Adjutant General. 
Appointment — By Governor. 
Term — Four Years. 

Qualification — Five years commissioned service in National 
Guard, Naval Militia, Regular Army, U. S. Navy, or Marine Corps. 
Salary — $4,500. 

Function 

To organize, direct and control the militia of this State; to pre- 
serve the peace and to protect life and property in emergency 
through the use of the National Guard, Naval Militia and unorgan- 
ized militia; and otherwise execute the military laws and regu- 
lations of the United States, state of North Carolina and the Com- 
mander-in-Chief. 

To make returns and reports to the Secretaries of War and Navy 
as required; to keep records of officers and enlisted men; to have 
prepared and properly distributed military laws, etc., and to per- 
form such other duties as required by military law and regulations 
of the Governor. 

Art. Ill, Ch. 2, C. S. The Governor is Commander-in-Chief of 
the State Militia, which is divided into (1) National Guard, (2) 



102 State Departments, Boards, and Commissions 

Naval Militia, and (3) Unorganized Militia. The Governor is 
empowered to call out the militia to execute the laws, suppress 
riots or insurrections and to repel invasions; to prescribe such 
regulations relating to the organization of the National Guard and 
Naval Militia as conform to the requirements of the Federal 
statutes. 

The military staff is divided into (1) the personal staff of the 
Governor, consisting of 10 National Guard officers and 2 Naval 
Militia officers as aides-de-camp; and (2) the administrative staff 
as prescribed by the Secretary of War and the Secretary of Navy. 

The Governor is directed by law to appoint a Property and Dis- 
bursing officer for North Carolina, who shall receipt and account 
for all funds and property belonging to the State for military 
purposes. His principal duties are the disbursement of all funds 
appropriated by the State for military purposes including the issu- 
ance of thousands of checks quarterly and semi-annually in pay- 
ment of vouchers and pay rolls for Armory drills. 

The Governor shall also, according to law, appoint, subject to 
the approval of the Secretary of War, a Property and Disbursing 
officer for the United States. This officer disburses annually about 
$200,000 in government funds and is accountable for and keeps a 
record of about two and a half million dollars worth of Federal 
property in the hands of the National Guard. 

The Adjutant General, as head of the Department, is subordinate 
only to the Governor in matters pertaining thei-eto. 

Reports. To make an annual report to the Governor including 
a detailed statement of all expenditures made for military purposes 
during the year. 

To report biennially to the General Assembly. 

Historical Note 

The office and department of the Adjutant General was created 
by Chapter 18 of the laws of 1806, and has been in continuous 
existence ever since, though until 1860 the salary was nominal and 
the duties of the department slight. 

The militia of the State has been in existence since 1679, when 
the Lords Proprietors instructed Governor John Harvey to organize 
the able-bodied citizens and to appoint officers. Under the colonial 



The Adjutant Generai/s Department 103 

government all officers were appointed by the Governor. Three 
provisions relating to militia have been brought forward from old 
charters and constitutions: 

1. The Governor is Commander-in-Chief. 

2. The people have a right to bear arms. 

3. All able-bodied male citizens are subject to military duty at 
the call of the Governor, subject to regulation of the General 
Assembly. 

The age limit was originally 16-50. This has been changed to 
18-45. Citizens were originally required to furnish their own arms; 
since 1836 the National Government has assumed this obligation. 
Originally all men subject to military duty were required by law to 
organize, muster, and drill. The requirement was never universally 
effective. The law allowed volunteer companies full privilege of 
organization, drill, and exemption from the regular scheme of 
organization; and the military activity of the State was usually 
confined to these volunteer companies of which there were many 
with long and honorable records. Since 1873 the militia has been 
in two classes — organized and unorganized. The organized militia 
consists of volunteers entirely. The State Guard was reorganized 
in 1877. Up to 1836 all general and field officers were elected by 
the General Assembly. All company officers were elected by the 
enlisted men of the several companies. The law was then changed — 
company officers were still elected by the companies, but general 
and field officers were elected by the officers of the units concerned. 
Since 1873 all officers have been appointed by the Governor. 

Prior to 1873 each county was required to organize at least one 
regiment, and the State to maintain at least six brigades. Thei-e 
were in 1854 ten divisions of militia consisting of 105 regiments 
totaling 1,050 companies of 45 men each — about 1,000 officers and 
47,250 enlisted men. In order to conform to the Federal laws, an 
act of the Legislature of 1903 changed the designation "North 
Carolina State Guard" to "North Carolina National Guard." These 
militia organizations formed the main home defense in the war of 
the Revolution. They formed the basis of the system which 
enrolled an estimate of 125,000 North Carolinians in the Confed- 
erate armies. 

The North Carolina State Guard was among the first to respond 
to the call of the President in 1898 for service in the Spanish- 



104 State Departments, Boards, and Commissions 

American War. Two regiments of infantry were furnished; and, 
in addition, North Carolina furnished a regiment of colored troops. 

The Federal law having been changed so that the President 
would have authority to draft or call the National Guard into 
service of the United States in a National emergency, on June 19th, 
1916, the North Carolina National Guard was mobilized at Camp 
Glenn, North Carolina, for service on the Mexican border, on 
account of the existing relations with Mexico and sent to Camp 
Stewart, near El Paso, Texas, for Federal Service. 

These National Guard units were: 

First, second, third, regiments, Infantry; Troops A and B Cav- 
alry; Companies A and B Engineers; Ambulance Co. No. 1; and 
Hospital Co. No. 1. 

With the exception of the second regiment, Infantry, and Com- 
panies A and B Engineers, which were not mustered out of Fed- 
eral service until following the World War, all these troops were 
returned to their home stations and mustered out; but soon they 
were mustered back into Federal service for the World War. 
National Guard troops served in the Thirtieth and Forty-second 
Divisions in France and Belgium. 

Pursuant to the Proclamation of the President, July 3, 1917, the 
following organizations, units and detachments of the National 
Guard of North Carolina were drafted into the Federal service on 
August 5, 1917: 

First Brigade First Squadron Cavalry 

First Infantry First Machine Gun Troop 

Second Infantry First Battalion Engineers 

Third Infantry First Engineer Train 

Field Hospital No. 1 First Motor Truck Company 

Ambulance Company No. 1 Field and Staff 

Veterinary Corps Sanitary Detachment and Six 

Radio Company Signal Corps Companies Coast Artillery 

First Regiment Field Artillery Quartermasters Corps 
making a total of 277 officers, and 7,454 enlisted men — a grand 
total of 7,731. Of the Naval Militia 18 officers and 187 men (total 
215) were called into Federal service April 6, 1917, as National 
Naval Volunteers. The record these troops made in the World 
War is a source of pride to all North Carolinians. 



Department of Agriculture 105 

At the close of the World War the entire National Guard was 
discharged from the service, and the past 10 years have been 
devoted to a reorganization of the State's military forces. The 
present strength totals approximately 3,600 officers and men, and 
units are located in about 40 counties. These units are fully 
equipped at the expense of the Federal authorities, are paid for 
armory drills during the year from the same source, and are given 
fifteen days training each summer under the supervision of pro- 
fessional instructors. The State provides armories, maintains the 
camp site at Camp Glenn, makes allowances to officers and men, 
takes care of courtmartial and carrying bond expenses, inspec- 
tions, etc. The North Carolina National Guard is in a high state 
of efficiency, comparing favorably in this respect and in numbers 
with the Guard of the other states. It is interesting to note that 
at the close of the war there was no National Guard in the United 
States, but at the present time its strength exceeds 190,000 officers 
and men organized and equipped similarly to units of the Regular 
Army. 

For further information concerning the strength and location of 
various units of North Carolina National Guard see "Roster North 
Carolina National Guard, Revised to December 31, 1925," published 
by the Adjutant General of North Carolina. 



DEPARTMENT OF AGRICULTURE 

Sec. 17, Art. Ill, Constitution; Ch. 84, C. S. ; Ch. 25, P. L., 1921; 
Ch. 174, P. L. 1925; Chs. 53, 182, 261, P. L., 1927. 

W. A. Graham, Commissioner, Raleigh 

Title — Commissioner. 

Appointment — Elected by people. 

Term — Four years. 

Qualification — Practical farmer. 

Salary— $4,500. 

Ex Officio member — Chairman Board of Agriculture, Joint Com- 
mittee for Agricultural Work. 



100 State Departments, Boards, and Commissions 

The Constitution of the State (1868) provides for a Department 
of Agriculture, Immigration and Statistics. Under this funda- 
mental law the General Assembly established the Department of 
Agriculture in 1877. (Chapter 274.) Since that time it has been 
greatly enlarged by the General Assembly, and its field of activi- 
ties expanded by the ever increasing demands made upon it by a 
rapidly growing agriculture. 

At present the Board consists of ten members, one member from 
each Congressional District, appointed by the Governor and con- 
firmed by the Senate, for terms of six years; and of the Commis- 
sioner of Agriculture, who is a member of and ex officio chairman 
of the Board. 

The Commissioner of Agriculture, who is chief executive officer 
of the Department, was formerly appointed by the Legislature, 
but in order to bring the Department in closer touch with the 
people, especially the farmers of the State, the law was so changed 
as to make the office of Commissioner elective. 

The Department is charged with the following: 

1. Investigations relating to the improvement of agriculture, 
the beneficial use of commercial fertilizers and composts, and to 
induce capital and labor to enter the State. 

2. Investigations relating to the diseases of cattle and other 
domestic animals — having power to quarantine infected animals 
and to regulate the transportation of stock within the State. 

3. Investigations of the ravages of insects injuriously affecting 
market gardens, fruits, etc., and dissemination of information 
essential for their abatement. 

4. Investigations directed to the introduction and fostering of 
new agricultural industries adapted to the various soils and cli- 
mates of the State. 

5. Investigations relative to the subject of drainage, and irri- 
gation, and mineral and domestic sources of fertilizer, including 
composting, etc. 

6. The enforcement of the laws enacted for the sale of com- 
mercial fertilizers, seed, food products, and with authority to make 
regulations concerning the same. 

7. The dissemination of information relative to the advantages 



Department of Agriculture 107 

of soil and climate and to the natural resources and industrial 
opportunities offered in the State. 

To these have been added: The issuing of bulletins; the Museum; 
enforcement by regulations of the Pure Food Law, concentrated 
commercial feeding-stuff law, cottonseed meal law, the law regu- 
lating the statistics of leaf tobacco, forestry work, the law regulat- 
ing the standard-weight packages of meal and flour, registration 
and sale of condimental, patented, proprietary or trade-mark stock 
or poultry tonics, regulators or conditioners, the inspection of 
illuminating and power oils, fluids and gasoline; the law to prevent 
and punish the sale of adulterated, impure, or misbranded agricul- 
tural and vegetable seed and those lacking viability; the manu- 
facture and sale of anti-hog cholera serum and of inoculating 
germs for leguminous crops; and the enforcement of the "Weights 
and Measures" and "Insecticide" laws. 

The Department is, to a considerable extent, a sub-legislature. 
The Legislature, in committing to its execution specified laws, 
confers upon the Board power to make regulations for this purpose, 
which are given the authority of law, and violation of them is 
made a misdemeanor, cognizable by the courts. The power to 
confer this authority has been tested in the courts and approved 
by decision of the Supreme Court. 

Things That Have Been Done by the Agricultural Department 

1. The source of the ingredients in fertilizers is made known. 

2. The feed inspection law has been amended to include all feeds 
and the value of feeds much improved. 

3. Condimental Feed Law. Analyses are made of each brand 
and published. The people need not pay high prices for many of 
the ingredients, such as charcoal, copperas, saltpetre, salt, salts, 
etc., which can be bought for a few cents a pound of grocers. 
Drugs for either stock or men must have a value corresponding 
with that printed on the container or they may be excluded from 
sale. 

4. Great advance has been made along all lines of animal feed- 
ing and feeds for animals, including poultry. All cases of diseases 
of animals appearing in the State have been suppressed. We have 
had no epidemic which could not be eliminated. 



108 State Departments, Boards, and Commissions 

5. Eradication of the cattle tick is now complete. 
Tuberculosis. All herds which pass two successive tests without 

reactors are placed in the Accredited Herd list. The State appro- 
priates annually $10,000.00 for indemnity for paying for animals 
slaughtered on account of glanders. When a cow or other animal 
is affected with tuberculosis or glanders, the animal is reported to 
the authorities and killed and paid for, thereby preventing spread- 
ing of the diseases. 

6. A pure seed law by which the farmers may be protected from 
purchases of inferior seed either in purity or germination. 

7. Preparation of legume culture which is sold at fifty cents an 
acre bottle. This pays the cost of production. 

8. Great advance in the work of Entomology, especially in 
spraying. Many pests have been destroyed and others much cur- 
tailed in their injurious operations. 

9. Also in Horticulture, all regulatory work is done by the 
Department. 

10. The Pure Food Law. The weight or quantity of contents 
to be marked on all containers, with which numbers the contents 
must comply. Adulteration is seldom found in the foods sold in 
the State. 

11. Inspection of illuminating oils and gasoline, by which the 
quality and safety of the oils have been improved without cost to 
the consumer. 

12. Inspection of flour to detect that which is bleached and pre- 
vent the sale of it as unbleached. 

13. A marketing system is being evolved whereby the farmer 
can dispose of his products advantageously. 

14. Cottojiseed Meal. No goods are permitted to be branded as 
"meal" unless they contain 6V 2 per cent ammonia, but must be 
branded "cottonseed feed." 

15. The Bulletin ranks with the highest of its class, and many 
letters of commendation are received from persons within and 
without the State. Requests are frequently received for these bul- 
letins in other states; and, also, from the agricultural press. It 
has a circulation of more than 35,000 each month. Copies have 
been requested for use as textbooks in the public schools of other 
states and the University of Wisconsin. 



Department of Agriculture 



109 



16. The Museum continues to be the most valuable south of 
Philadelphia, except that at the National Capital. It is the State's 
great object lesson. Additions to the different departments are 
made each year. A representative agricultural exhibit is now 
being collected. 

STATISTICS 

The following statistics will show some of the results of the 
work of the Department: 
North Carolina produced in 



Corn (bushels) . _ . 
Wheat (bushels) . 
Cotton (bales) 



1860 



30,000,000 

4,743,706 

145,514 



1910 



34,063,531 

7,433,000 

665,132 



1915 



64,050,000 

10,355,000 

732,000 



1918 



63,000,000 

13,167,000 

732.000 



1923 



58,568,000 
6,038,400 
1,020,000 



1924 



44,512,000 
5,544,000 
1,901,000 



DRAINAGE 

The Department has arranged with the National Department for 
an expert in this work, who gives information to the farmers con- 
cerning the drainage of creeks, cutting ditches, and laying tiles. 

VETERINARY DIVISION 

The Veterinary Division is devoted to giving information as to 
the treatment of animal diseases. 

Serum for vaccination of hogs to prevent the spread of cholera 
is furnished by this Division. 

Ninety-five per cent of the hogs vaccinated escape cholera. The 
Department is now prepared to supply all requests for serum, and 
the scourge of cholera has been much abated. 



CHEMISTRY 

The Division of Chemistry makes analyses of fertilizer, cotton- 
seed meal, feed and foodstuffs, soils, minerals and marls, waters, 
etc. 

TEST FARMS 

Test Farms have been established in Edgecombe County, at Wil- 
lard Station in Pender County, Statesville, near Swannanoa in 
Buncombe County, and in the old tobacco belt at Oxford, in the 



110 State Departments, Boards, and Commissions 

newly-drained black lands of Eastern North Carolina, and in Beau- 
fort County. The effort is to conduct these farms for the benefit 
of the crops grown in each section, first on small plats and then 
on a large scale, showing results of different kinds and amounts 
of home-made and commercial fertilizers, preparation of land, culti- 
vation and rotation of crops and demonstration work. These farms 
are conducted jointly by the State Department and the State 
College. 

cooperative associations and credit unions 
To organize and conduct a bureau of information in regard to 
cooperative associations and rural credits ; to promote the establish- 
ing of such agencies through educational campaigns and personal 
advice and assistance; to examine at least once a year organizations 
so formed. 

PURE FOOD DIVISION 

The pure food law passed by the General Assembly of 1899, 
amended in 1905 and redrafted and passed as a new act in 1907, 
forbids the manufacture or sale of adulterated or misbranded food 
or beverages and charges the Department of Agriculture with its 
enforcement. 

Inspections are made throughout the State and samples collected 
for analyses. The samples are examined for adulteration and the 
results published, showing the brand name of the article and the 
name and address of the manufacturer. The first report was pub- 
lished as the Department Bulletin for December, 1909. Since that 
time similar reports have been published annually. 

There are two classes of adulterants found in food: 

1. Substances which are deleterious to health, and 

2. Substances which merely render the food less valuable. 

The use of the first is prohibited; the second can be used provided 
their presence is made known to the purchaser. 

Much of the food and beverages sold in the State is in the hands 
of unintelligent men, who can be imposed upon by shrewd and 
unscrupulous manufacturers. Owing to various complications the 
enforcement of the Food Law is far more difficult than one not 
familiar with the situation would think. 



Department of Agriculture 111 

The National Government has enacted a food law which requires 
weight of contents to be stamped on all packages or other con- 
tainers of goods. The Legislature has enacted this law for this 
State. 

FEED INSPECTIONS 

The Legislature of 1903 passed a law which requires the Com- 
missioner of Agriculture to employ Feed inspectors, whose duty 
it is to visit the different towns in the State, see that the law is 
complied with as to the branding of bags, weight of bags, and to 
take samples of all feeds. These samples are examined microscop- 
ically and if found adulterated are immediately withdrawn from 
sale. 

All samples collected are analyzed by the Feed Chemist and the 
results, along with such additional information as circumstances 
may advise, are published in the bulletins of the Department of 
Agriculture. 

In enforcing the law there are four main objects in view: 

1. To stop the sale of adulterated feeds in North Carolina. 

2. To educate the consumers to buy feed according to the analy- 
ses on the bags, just as he buys his fertilizer by an analysis. 

3. To teach the dairymen and farmers the best way to combine 
their home-grown feeds with those they are compelled to buy to 
get the greatest benefit from the amount consumed. 

4. To stimulate a desire on the part of the consumers for better 
feeds. 

ENTOMOLOGY 

The work of this division includes the inspection of fruit trees, 
which are not a' lowed to be sold in this State unless declared free 
from disease. Experts are sent to examine all nurseries for insect 
pests, and many commercial orchards are inspected. Directions are 
furnished for preparation of material for spraying, and for its 
application. The San Jose scale is being controlled in many places 
and further damage prevented by directions sent from this office. 
Other insect pests and diseases have been prevented or cured, and 
much valuable information given the people of the State on mat- 
ters pertaining to insects of all kinds. 



112 State Departments, Boards, and Commissions 

market division 

This division coopex^ates with the farmers in finding the best 
markets for their surplus products. 

botany division 
is charged with the 

1. Examination and testing of field, garden, flower and herb 
seeds. 

2. Manufacture and distribution of pure cultures for legume 
crops. 

3. The placing of Federal grades on grain. 

4. Identification of plants and the control of weeds. 

demonstration and inspection of power and illuminating oils 

and gasoline 

The Pure Food Chemist is also Oil Chemist. The quality of the 
oil has been kept at a good standard. 

DIVISION OF PUBLICATIONS 

In addition to editing the Bulletin this division issues the Agri- 
cultural Review, a monthly publication covering the various activi- 
ties of the Department. 

THE MUSEUM 

The State Geologist has, since the establishment of his depart- 
ment in 1850, collected specimens of different kinds, principally of 
minerals, representing the natural resources of the State. In 1879 
the care of the Museum and expense of maintenance were trans- 
ferred to the Department of Agriculture. A building has been 
erected for its occupancy, and its contents greatly increased. It 
is now by far the most extensive in its contents of anything of its 
nature south of Philadelphia, save the National Museum at Wash- 
ington, D. C. To it, more than any other source, is attributable 
the fine display the State has made at international, national, and 
State expositions. It is the State's object lesson, representing' its 
resources in agriculture, timber, mineral, fishes, birds, game, ani- 
mals and flora and fauna in general. 



Board of Agriculture 1 13 

As articles affected by time become undesirable they are replaced. 
The idea is to keep the Museum constantly growing, with no chance 
for stagnation. 

IMMIGRATION 

The legislature in 1909 repealed the act of 1907 concerning 
immigration. There are now no agents of the State employed in 
foreign countries; a few young men come from Scotland each year, 
and land and immigration companies bring some people to the 
State each year, but no report is made to the Department; how- 
ever, it cooperates with them as far as practicable. 

The Department has no lands of the State for sale, and can make 
no contracts, warrant titles or do any work of like nature. It can 
only put parties desiring to purchase property in the State in com- 
munication with citizens who have property to sell, and leave them 
to perfect sales, if it is found desirable. 

Many letters are received from persons from the states of the 
Middle West requesting information as to the resources of the 
State and several hundred have each year purchased homes. The 
Department had arranged to place exhibits at the fairs in these 
states, but this was abandoned when the law was repealed. 

SALES OF LEAF TOBACCO 

Chapter 97, Laws 1907, requires the Department to preserve a 
record of the leaf tobacco sold on the floors of the warehouses of 
the State, and publish it monthly. Each warehouse is required to 
furnish an account of its sales, and is guilty of a misdemeanor for 
failure. 



BOARD OF AGRICULTURE 

Sec. 17, Art. Ill, Constitution-; Ch. 84, C. S. ; Ch. 137, P. L. 1921; Ch. 28, 
P. L. 1921 — Extra Session; Ch. 174, P. L. 1925. 

Composition (11). Ten members, Commissioner of Agriculture, 
Chairman. 

Appointment — Ten by Governor with consent of Senate; one 
elected. 

Term — Six years; Chairman, four years. 

Qualification — Practical farmers. 

Compensation — $5 per diem and mileage. 



114 State Departments, Boards, and Commissions 

members of board of agriculture 
First District — F. P. Latham, Belhaven. 
Second District — H. P. Foxhall, Tarboro. 
Third District — W. A. Brown, Rocky Point. 
Fourth District — Clarence Poe, Raleigh. 
Fifth District— R. W. Scott, Haw River. 
Sixth District — G. K. Grantham, Dunn. 
Seventh District — J. G. Hockett, North Wilkesboro. 
Eight District — J. H. Coffey, Blowing Rock. 
Ninth District — S. C. Lattimore, Shelby. 
Tenth District — E. G. Roberson, Leicester. 

Function 

The functions of the Board of Agriculture are now strictly legis- 
lative and advisory, while all executive power in the Department 
is vested in the office of Commissioner of Agriculture (Chapter 
174, Laws 1925.) 

State Warehouse System. To maintain a cotton warehouse 
system, administered through a State warehouse Superintendent to 
stabilize and encourage cotton industry; to make suitable rules and 
regulations to enforce law; to fix charges for storing cotton in 
local warehouses; to impose a tax of 25 cents on each bale of 
cotton ginned up to June 30, 1922, to be collected by Commissioner 
of Revenue, and 90 per cent of the total receipts from this source 
to be invested in first mortgages to aid and encourage the establish- 
ment of warehouses operating under this system. 

State Warehouse Superintendent. To have power to lease 
property for warehousing of cotton and encourage erection of ware- 
houses in the various cotton-growing counties under terms of this 
act; to provide an adequate system of inspection, rules, forms and 
reports to insure security; to supervise local warehouses in general 
and to issue receipts for cotton classified and stored, through local 
warehouse managers. 

Reports. To make an annual report to Governor of its work 
and all receipts and expenditures and objects for which expended. 



Joint Committee for Agricultural Work 115 

JOINT COMMITTEE FOR AGRICULTURAL WORK 

Part 3, Art. 1, Ch. 84, C. S.; Art. 7, Ch. 93, C. S. ; Ch. 142, P. L. 1925. 

Co?npositio?i (11) — Governor, Chairman; Commissioner of Agri- 
culture, President State A. and E. College, ex officio members; four 
members Board of Agriculture designated by Board; four mem- 
bers Board of Trustees of A. and E. College designated by Board. 

Personnel — Appointed by Board of Trustees of the College: Rob- 
ert N. Page, Southern Pines; W. D. Laroque, Kinston; J, F. Diggs, 
Rockingham; Charles W. Gold, Gi-eensboro. Appointed from State 

Board of Agriculture : Clarence Poe, Raleigh ; 

; J. G. Hockett, North Wilkesboro; R. W. Scott, Haw River. 

Term — During terms as members of the Board. 

Function 

It shall be the purpose of the Joint Committee for Agricultural 
Work to prevent duplication and to maintain greater co-operation 
on the part of the North Carolina State College of Agriculture and 
Engineering and the State Department of Agriculture, Immigra- 
tion and Statistics; and the Joint Committee shall have authority 
to settle any and all questions relative to jurisdiction or duplica- 
tion of work that may be referred to it either by the President of 
the College or the Commissioner of Agriculture, and the decision of 
the Joint Committee not inconsistent with law shall be binding on 
both institutions. The Joint Committee shall meet at least once 
each year at the call of the chairman to receive reports from the 
President of the College and the Commissioner of Agriculture on 
the relation of the two institutions, with special reference to the 
research or any other work in which the two institutions are in- 
terested, and to make recommendations to the governing bodies 
of each that may tend to increase their co-operation in promoting 
agricultural improvements in the State. 



110 State Departments, Boards, and Commissions 



DEPARTMENT OF LABOR AND PRINTING 

Arts. 1, 2, Ch. 120, C. S. ; Art. 2, Ch. 112, C. S. ; Chs. 25, 131, P. L. 1921; 

Ch. 127, P. L. 1925. 

F. D. Grist, Commissioner, Raleigh. 

Title — Commissioner. 
Appointment — Elected. 
Term — Four years. 
Salary — $4,500. 

Ex officio Member — Printing Commission. 

Function 

To collect and collate information and statistics concerning: 

1. Labor and its relation to capital, hours of labor, earnings of 
laborers, and their educational, moral and financial condition, and 
means of promoting their welfare. 

2. Various mining, milling and manufacturing industries of 
State, location, capacity and output, raw materials and capital in- 
vested. 

3. Location, estimated and actual horse-power and condition of 
valuable water powers, developed and undeveloped in this State. 

4. Farm lands and farming, kinds, character and quantity of 
annual farm products in this State. 

5. Truck gardening and dairying. 

6. Timber lands and timber. 

7. Other information affecting agricultural and industrial wel- 
fare of the State. 

To perform the duties of mine inspector for the State; to act as 
State Director for U. S. Employment Service; to supervise, in con- 
junction with printing commission, all State printing; to appoint 
an assistant commissioner who is a practical printer, to take charge 
of State printing under his direction. 

Public Employment Service. To maintain a public employ- 
ment bureau in the Department, to establish and conduct public 
employment offices in the State; to extend vocational guidance to 



Department op Labor and Printing 117 

minors seeking employment; to co-operate with Federal, municipal 
and other agencies in employment, rehabilitation and American- 
ization problems. 

State Printing. To carefully examine all printing and bind- 
ing done for the State or any Department thereof, by the public 
printers, and to certify that same meets required standards and 
that the accounts rendered by the public printer are accurate and 
just. Such accounts shall not be approved by the Commissioner 
nor audited by the State oftener than forty-eight times a year; to 
purchase for use of the State, the paper and stationery used for 
public printing. 

Co-operative Purchase of Supplies. At the beginning of the 
1925 biennium and at the request of the Director of the Budget, 
this Department undertook to centralize the purchase of office 
equipment and supplies and has been able to reduce the cost on a 
great many of these items by from 20 to 50 per cent. 

Mine Inspection. To examine all the mines in the State as 
often as possible, to see that the provisions of law are strictly ob- 
served and carried out; to employ counsel and to prosecute viola- 
tions; to examine particularly the works and machinery belonging 
to any mine; to examine conditions of mines as to ventilation, 
drainage, and general security, to investigate deaths by accidents; 
to keep a record of all examinations and all data affecting mining 
industry in this State. 

Reports. To publish and distribute biennially a statistical re- 
port covering the Department's activities and research, also an an- 
nual report to the Governor on mines and mining industry. 

The Department of Labor and Printing, created by the Legis- 
lature of 1887, is one of the oldest State departments outside of 
those established by constitutional mandate. The duties of the De- 
partment are comprehended under the four general heads: 

1. Collection, collation, and publication of industrial statistics. 

2. Supervision of the State's printing. 

3. Mine inspection. 

4. Free employment service. 



118 State Departments, Boards, and Commissions 

industrial statistics 
The Commissioner, aided by the Assistant Commissioner, collects, 
collates, and publishes information and statistics concerning labor 
and its relation to capital, the hours of labor, the earnings of labor- 
ers and their educational, moral, and financial condition, and the 
best means of promoting their mental, moral, and material wel- 
fare; also statistics concerning the various mining, milling, and 
manufacturing industries in this State, their location, capacity, 
and actual output of manufactured products, the kind and quan- 
tity of raw material annually used by them and the capital in- 
vested therein; the location, estimated and actual horsepower and 
condition of valuable waterpowers, developed and undeveloped, in 
the State; farm lands and farming, the kinds, character, and quan- 
tity of the annual farm products; timber lands and timbers, truck 
gardening, dairying, and such other information and statistics con- 
cerning the agricultural and industrial welfare of the citizens of 
the State as may be deemed of interest and benefit to the public. 

A high standard was set for this work and it has ever since been 
the policy of the office to improve upon its own work from year 
to year. The biennial report is now recognized as one of the most 
succinct examples of statistical work issued in the United States. 
The matter has been boiled down, so to speak, and one chief aim 
has been to present the greatest possible information in the least 
possible space, accomplishing thereby two very desirable ends, i.e., 
ease and convenience of reference, and minimum expense. 

Men who are causing the wheels of industry to turn all over 
the country pronounce the biennial report of the Department one 
of the most comprehensive and valuable publications, on the sub- 
jects treated, issued by any state in the Union. It is the only 
official publication which shows the industrial status of North 
Carolina and the great variety of her manufactured products. It 
reaches every state in the Union and many foreign countries. It 
is the chief medium through which the State's growth and de- 
velopment are advertised to the world. 

THE STATE'S PRINTING 

When the public printing had become of such importance that 
the old practice of assuming that it would take care of itself was 
proved inadequate and unsatisfactory, the duty of systematizing 



Department op Labor and Printing 119 

and superintending this work was added to the duties of the office 
(Chapter 373, Public Laws of 1899). Since that time the growth 
of the State has been great. 

The handling of the public printing has been brought down 
to the point where figures as to specifications and cost may be 
given before or after performance, which information serves well 
where economy enters as largely into any proposition as it does 
into the public printing. Changes in practice are made as often as 
it is found that improvement can be made and the policy of the 
office at the present time makes impossible any of the abuses ob- 
taining under the arrangement in force prior to the placing of 
the public printing under the Department's charge. 

Before a single item of printing expense is paid for by the 
State the account of the printer is examined, accompanied by an 
inspection of the work itself, by a man who knows the printing 
business. Every pound of paper purchased is bought by the State 
to fit the particular need, and is subject to the decision of the 
expert of the Department — himself, according to the provisions of 
the act, a "practical printer." The record of purchases of paper 
shows a great saving along this line, also. 

All printing, engraving, die-stamping, and binding done for the 
State is let to contract for two-year periods under competitive bid- 
ding, and the work is carefully supervised in process by the Com- 
missioner of Labor and Printing, aided by the Assistant Commis- 
sioner (required by law to be a practical printer). All requisitions 
for State printing are made upon the Department of Labor and 
Printing; the Department places orders for same with contracting 
printers, issuing requisite quantity of paper stock for each order; 
supervises the work in process, examines the finished work, audits 
and approves bills for same. 

The cost of the State's printing, including the paper stock used, 
approximates $250,000 annually. The Department purchases all 
paper for State printing, maintaining a large paper storage ware- 
house in Raleigh. 

MINE INSPECTION 

North Carolina has a comprehensive mining law, and by this 
statute the Commissioner of Labor and Printing is constituted mine 
inspector with large powers. 



120 State Departments, Boards, and Commissions 

public employment service 

Since October 1, 1919, the United States Employment Service, 
operating in North Carolina, has been conducted under the direc- 
tion and supervision of the Commissioner of Labor and Printing, 
who provided office quarters in his department and is serving as 
Federal Director of the State without additional compensation. 
Funds for clerical assistance are provided by the Federal and 
State Governments. During the fiscal year ending June 30, 1926, 
33,417 applicants for work were placed in situations satisfactory to 
them. 

Realizing the urgent necessity for a well-organized system of 
employment for North Carolina, under State and Federal super- 
vision, the Department of Labor and Printing brought the matter 
to the attention of the General Assembly of 1924 and succeeded in 
securing an appropriation adequate for the development of such an 
agency by the Department. The machinery provided in the statute 
creating the free employment bureaus enables the Department to 
assist in bringing the jobless man and the manless job together in 
a systematic way, a service which reaches all classes of employers 
and all classes of employees. Local employment offices were estab- 
lished in our large industrial centers and much assistance rendered 
in relieving acute unemployment conditions all too prevalent since 
the conclusion of the World War. During the first year the em- 
ployment service was in operation under State and Federal co- 
operation, more than 15,000 men and women found positions 
through the public employment bureau of the State Department of 
Labor and Printing. 



DEPARTMENT OF INSURANCE 

Ch. 99, C. S.; Ch. 106, C. S.; Ch. 25, P. L. 1921; Ch. 119, P. L. 1924, extra 
session; Ch. 101, P. L. 1925; Ch. 204, P. L. 1927. 

DAN C. Boney, Commissioyier, Raleigh. 

Title — Commissioner. 
Appointment — Elected. 
Term — Four years. 
Salary— $4,500. 



Department of Insurance 1 1' I 

Function 

To direct the administration and enforcement of the insurance 
laws of this State; to supervise the admission and regulation of 
all insurance companies, associations and orders doing or propos- 
ing to do business in this State (600 life, health, account, casualty, 
fire, marine, credit, burglary, plate glass, liability, steam boiler, 
automobile, etc.) ; to investigate complaints and prosecute viola- 
tions; to supervise building and loan associations (235), lightning- 
rod companies, rate-making bureaus and associations and jewelry 
auctioneers; to enforce the State Building Code and Inspection 
laws; to act as fire marshal ex officio and to investigate fires, etc.; 
to administer premium collections (50 cents on $100) for Firemen's 
Relief Fund; to receive and file fire insurance rates and pass on 
complaints of discrimination. 

To collect taxes from all classes of insurance companies, whether 
foreign or local, doing business in this State on the basis of 2Vz 
per cent upon the amount of their gross premium receipts in this 
State. 

To collect fees for licenses issued to all classes of insurance com- 
panies and annual fees for licenses issued to each general agent, 
agent and broker in accordance with the schedule fixed by law. 

To collect other fees pertaining to insurance companies as pre- 
scribed by law. 

Sec. 6079, Ch. 99, S. S. The Insurance Commissioner "shall, in 
his annual report, make a statement of the fires investigated, the 
value of property destroyed, the amount of insurance, if any, the 
origin of the fire, when ascertained, and the location of the prop- 
erty damaged or destroyed, whether in town, city, or country. He 
shall also file annually an itemized statement, under oath, of all 
money received by him and disbursed under this chapter." 

Reports. To submit annually to the Governor, and biennially 
to the General Assembly, through the Governor, a report of his offi- 
cial acts, the condition of all insurance and other companies or 
associations under his jurisdiction, with a condensed statement 
of their reports to him; together with a statement of the licenses, 
taxes and fees received by him and paid by him to the Treasurer. 

To report to the General Assembly at each session, suggested 
changes in the laws. 



122 State Departments, Boards, and Commissions 

Historical Note 

Created by act of General Assembly in 1899. 

firemen's relief fund 

The state of North Carolina pays $2,500 a year to the North 
Carolina State Volunteer Firemen's Association and to the North 
Carolina State Firemen's Association, which fund is known as the 
Firemen's Relief Fund. 

The purpose of the fund is for the relief of firemen, members of 
such associations who may be injured or made sick by diseases con- 
tracted in the actual discharge of duty as firemen, and for the re- 
lief of widows, children or dependent mothers of such firemen who 
may be killed or die from disease contracted in the discharge of 
their duty. Such duty must be performed in the service of the 
fire department from the time of the fire alarm until the members 
are dismissed by the company officers at roll call, or in service 
connected with the fire department which is directed to be per- 
formed by the officers in charge. 

Any fireman of good, moral character in North Carolina, and 
belonging to an organized fire company, who will comply with the 
requirements of the constitution and by-laws of the North Carolina 
State Firemen's Association may become a member of this Associa- 
tion, and be eligible to relief from the fund. This fund was es- 
tablished by Act of the General Assembly in 1891. 

general progress 

During the last five years the insurance companies and build- 
ing and loan associations operating in North Carolina under the 
supervision of the Insurance Commissioner have enjoyed a greater 
growth than ever before in a similar period. There has been a 
corresponding increase of activity in the other phases of depart- 
mental work, which include lightning rod sales and installation, 
auctioneers, and the erection and inspection of buildings. Co- 
incident with the growth and increased activity in these different 
divisions there has been a similar increase in the revenues to the 
State paid by the Insurance Department, while the work of super- 



Department of Insurance 123 

vision has also been greatly complicated. From the organization 
of the department in 1899 to April 1, 1928, there has been paid 
into the Treasury $14,635,741.46, of which $7,138,635.99 was paid 
in during the six-year period ending April 1, 1928. 

BUILDING AND LOAN ASSOCIATIONS 

Probably the most outstanding growth has occurred among the 
building and loan associations of the State. When the building 
and loan associations were turned over to the Insurance Depart- 
ment in 1904 they had only $80,000 in assets. In December, 1920, 
165 associations reported assets totaling $29,000,000. At the close 
of 1927, 235 associations reported assets of $90,118,860.93. In 
1927, these associations, operating in 73 counties, built 8,925 homes 
costing more than $25,000,000. The force of these institutions in 
the upbuilding of our cities, both in taxable property and citizen- 
ship, cannot be estimated. Their supervision calls for trained ex- 
perts, and they are supervised without expense to the State. 

INSURANCE SUPERVISION 

This department was created originally for the enforcement of 
the insurance laws. It is probable that this is still the most im- 
portant phase of its work; for while insurance was looked upon 
only a few years ago by many as a gamble, and regarded by the 
general public with suspicion, today it exceeds every other financial 
institution of the county in importance. So great is its effect 
upon commerce and industry that our entire credit system would 
collapse over night if the protection of insurance were instantly 
removed. 

Since the formation of the department in 1899 it has been the 
duty of the commissioner to investigate the financial responsibility 
of each company seeking admission to the State, of which there 
are now more than six hundred; to scrutinize each of the many 
thousand forms of contracts issued by them to see that the value 
of protection was not weakened or destroyed by some qualifying 
clause; to see that the contracts are given a reasonable interpreta- 
tion in the settlement of claims and not misrepresented to the pub- 
lic; to watch the progress of companies and see that sufficient re- 
serves are carried to guarantee the protection promised; to protect 



124 State Departments, Boards, and Commissions 

the public and companies themselves against the impractical and 
unsafe policies of promoters operating under the guise of insm*- 
ance who continually seek his approval or attempt to operate in 
open defiance of the Law. 

North Carolina has reaped a great benefit in the growth of its 
insurance business, particularly in the organization and growth 
of its domestic companies, for while in 1899 there were only seven 
North Carolina companies having assets aggregating $746,791, 
there are today eighty such companies with home offices in this 
State and assets of more than $58,938,588, furnishing employment 
to thousands of our citizens and filling a real need in the social 
and economic life of the State. 

FIRE MARSHAL LAW 

One of the most far-reaching statutes we are called upon to en- 
force is the State Building Code, which is accepted as a model by 
practically every other state and upon which often depend the 
lives of thousands of our citizens and our children at school. No 
school building may be erected in the State, the plans of which have 
not been submitted to the Department, examined and approved by 
an expert in fire protection. The result of this is that we have in 
North Carolina more modern fire-proof school buildings than any 
other state in the Union, while the pupils are taught fire prevention 
from textbooks especially prepared for this purpose by the de- 
partment. 

Fire departments throughout the State have been given special 
attention, organized and drilled by experts, with the result that 
North Carolina has more motor-driven fire-fighting equipment than 
any other state of like size, and full paid firemen replace the loyal 
but inadequate volunteers with their hand reels and horse-di'awn 
vehicles. 

A systematic inspection of all cities and towns in the State as 
to defects in buildings and electrical equipment is carried out 
through experts in buildings and electrical construction under the 
direction of the Commissioner. Every fire reported to be of in- 
cendiary origin is thoroughly investigated by experienced detec- 
tives, and prosecutions conducted where the evidence warrants. 
This has led to the conviction and imprisonment of hundreds of 



Department op Insurance 125 

arson criminals during the history of the department, notwith- 
standing arson is of all crimes probably the hardest to prove. 

A campaign of education in the prevention of fires and accidents 
is carried on continually throughout the State by competent in- 
structors provided by the department and paid from the taxes 
collected from insurance companies, which also contribute over 
$35,000 annually toward the maintenance of our various fire de- 
partments. 

A business little understood and discredited by many, the sale 
and erection of lightning rods, has grown to be a considerable in- 
dustry in the rural sections of the State, and since, as in most 
lines, there are imposters and inferior products, a special law 
provides that each brand sold shall be submitted to and approved 
by the department before being offered for sale, and that each 
erector shall secure a license from the department upon showing 
his fitness. 

INSURANCE RATES 

North Carolina occupies an enviable position compared with ad- 
joining states with reference to fire insurance rates, which distinc- 
tion has been earned by the campaign on fire prevention carried 
on by the State Insurance Department, and while the department 
possesses no power to make fire insurance rates every company 
operating in the State is required to file a copy of the rates 
charged by it on all property, and where such rates appear discrim- 
inatory they are investigated and equalized with the rates charged 
on other property of the same class. It is to the credit of the 
companies to say that this has called for very few adjustments, and 
that because of the work which we have done along the line of fire 
prevention North Carolina enjoys lower fire insurance rates than 
any other southern state. 

There are employed by the department at present twenty-five 
persons, six of whom are traveling practically all of the time. The 
time of the others is well taken up in performing the multiple 
duties imposed by law, and it must be apparent that the efficient 
performance of their work requires constant study and advance- 
ment in order to keep abreast of the corporations whose progres- 
siveness and desire for business demand constant scrutiny and 
supervision. 



126 State Departments, Boards, and Commissions 



STATE DEPARTMENT OF REVENUE 

Chs. 34. 38, 40, P. L. 1921; Chs. 101, 158, 182, 258, P. L. 1925; Ch. 122, 

198, P. L. 1927. 

R. A. Doughton, Commissioner, Raleigh. 

Title — Commissioner of Revenue. 
Appointment — Elected by the people. 
Term — Four years. 

Salary — $5,500 and traveling expenses. 
Chairman — State Board of Assessment. 



Function 

To administer and enforce the taxes imposed by the Revenue 
Act, being given the power to divide the State into districts, to ex- 
amine any records or persons bearing upon matters required to be 
included in the return, and to appoint and remove necessary 
deputies and clerks ; to prepare and publish annually statistics with 
respect to the operation of the revenue act; to keep such records 
of collection of taxes as may be prescribed by the State Auditor; 
to make monthly reports to the State Treasurer or State Auditor, 
or both, of all collections of taxes; and to construe all sections of 
the revenue act, such decisions being prima facie correct. 

The Commissioner of Revenue is also the Vehicle Commissioner 
of North Carolina, charged with the duty of enforcing the act re- 
quiring the registration of motor vehicles, trailers and semi- 
trailers. 

To license motor vehicles and to appoint inspectors to enforce 
automobile license law; to collect automobile license tax and gaso- 
line road tax. To collect all fees, taxes, licenses, etc., required of 
bus lines and jitneys. To collect all taxes, licenses and fees from 
all classes of insurance companies. 

The taxes collected by the Department of Revenue for the fiscal 
year ending June 30, 1928, are shown below. 



State Department op Revenue 127 

Collections Fiscal Year Ending June 30, 1928 

General Fund 

Schedule A — Inheritance Taxes $ 710,636.56 

Schedule B — License Taxes (Inc. B & L and Marriage 

Licenses) 1,497,370.76 

Schedule C — Franchise Taxes 3,574,282.49 



Railroads 472,823.33 

Utilities 238,282.39 

Sleeping Car - 4,377.70 

Express 34,569.31 

Telegraph 20,490.78 

Telephone 229,608.74 

Domestic Corporations 601,266.68 

Foreign Corporations 251,490.49 

Insurance Premium Taxes - 1,280,865.44 

Insurance License 222,007.00 

Bus Taxes 217,977.64 

Penalty Bad Checks 522.99 



Schedule D — Income Taxes 8,196,049.83 



Domestic Corporations - 2,851,779.96 

Foreign Corporations 2,989,761.52 

Individuals 2,354,250.46 

Penalty Bad Checks 257.89 

Total under Revenue Act $13,978,339.64 

Highway Fund 

Licenses Motor Vehicles $ 9,353,616.04 

Gasoline Tax 9,376,987.98 

Titles 169,522.00 

$18,900,126.02 

Attention is called to the fact that two periods for the registra- 
tion of motor vehicles are involved in the fiscal year 1928, which 
includes approximately one and one-half years' license fees caused 



l-S State Departments, Boards, and s Commissions 

by change in registration period. The short registration period, 
July 1 to December 31, 1927, produced $3,246,852.57 license fees in 
fiscal year 1928 and calendar year 1927. 

The collections for the Highway Fund in the calendar year 
1927 were: 

Licenses Motor Vehicles $ 5,277,509.23 

Gasoline Tax 8,786,682.39 

Titles 160,430.00 



$14,224,621.62 



STATE BOARD OF ASSESSMENT 

Ch. 102, P. L. 1925; Ch. 71, 1927. 

Composition (3) — Commissioner of Revenue, Chairman; Chair- 
man of Corporation Commission, Attorney-General, members ex 
officio. 

This Board is constituted by law of three officers, viz., the Com- 
missioner of Revenue, Attorney-General and the Chairman of the 
Corporation Commission. The Commissioner of Revenue is Chair- 
man of the Board and is empowered to exercise the functions of 
the Board when the same is not in session. This Board has gen- 
eral supervision of the taxing system of the State and is the final 
authority, where those who claim injustice has been done, to 
remedy such injustice in the way of valuations and otherwise. It 
has among other powers and duties the following: 

1. To advise all assessing officers and institute proceedings to 
enforce penalties against officers, corporations, etc., for failing to 
discharge their duty. 

2. To prepare a pamphlet of instructions to tax assessors and 
to advise them as to the law and their duties in respect to assess- 
ing property. 

3. To investigate the taxing system in the various counties, and 
if it finds the same grossly irregular, unlawfully or unequally as- 
sessed, to correct such irregularity and to equalize the valuation 
of the property in any county either upon the complaint of the tax- 
payer or upon its own initiation. 



State Board op Assessment 



129 



4. To require Registers of Deeds, Auditors, Clerks, Mayors, etc., 
to make such annual reports as will enable the State Board to 
ascertain the assessed valuations of all property listed for 
taxation throughout the State to the end that it may have com- 
plete statistical information as to the practical operation of the 
taxing laws. 



STATE OF NORTH CAROLINA 
State Board of Assessment, Raleigh 



Tax Rates of Counties and Schools, and Valuations of Property in North Carolina as 
Reported by the Auditors and Register of Deeds of the Several Counties to the State Board 
of Assessment. These Figures are Approximately Correct, and Cover the Year of 1927. 





Total 

All Property 

1927 


County-wide Rates for: 


Counties 


Six 

Months 

School 

Term 


Supple- 
menting 
and 
Extending 
the Six 
Months 
Term 


Purposes 
Other 
Than 

Schools 


All 
Purposes 


Alamance 


$ 33,035,787 

8,773,401 

4,893,059 

21,560,440 

11,951,353 

6,002,525 

29,661,372 

15,043,368 

13,980,646 

10,059,954 

172,987,845 

24,355,009 

45,697,747 

22,114,110 

3,389,841 

15,092,468 

8,530,530 

40,568,690 

18,537,924 

8,978,208 

10,106,264 

2,372,297 

38,069,314 

21,469,616 

28,137,865 

29,992,133 

5,088,475 

2,748,177 


74 

69.5 

41.5 

73 

48 

95 

64 

69 

85 
1.00 

55 

52 

49 

68 
132 

95 

75 

62.5 

50 

60 

50 

85 

57 

87 
112.5 

97 
104 

51 




96 

55.5 

68.5 

77.5 
139 
120 

86 

86 

61 
150 

55 

48 

46 

49 

49 
135 
118 

62.5 

87 

95 
102 
225 

31 

63 

87.5 

83 

57 

84 


170 


Alexander 




125 


Alleghany.. 




110 


Anson 




150 5 






187 


Avery 




215 


Beaufort . 




150 


Bertie 




155 


Bladen.. 




146 


Brunswick 




250 


Buncombe .. -. 




110 


Burke 




100 


Cabarrus 




95 


Caldwell 




117 


Camden 




181 


Carteret. 




230 


Caswell 




193 


Catawba 




125 


Chatham 




137 


Cherokee. 




155 


Chowan 




152 


Clay . 




310 


Cleveland 




88 


Columbus -. 




150 


Craven 




200 


Cumberland .. 




180 


Currituck . 


30 


191 


Dare 


135 



130 State Departments, Boards, and Commissions 



Counties 



Davidson 

Davie 

Duplin 

Durham 

Edgecombe 

Forsyth 

Franklin 

Gaston 

Gates 

Graham 

Granville 

Greene 

Guilford 

Halifax 

Harnett 

Haywood 

Henderson 

Hertford 

Hoke 

Hyde 

Iredell 

Jackson 

Johnston 

Jones 

Lee 

Lenoir 

Lincoln 

Macon 

Madison 

Martin 

McDowell 

Mecklenburg. 

Mitchell 

Montgomery. 

Moore 

Nash 

New Hanover 
Northampton. 

Onslow 

Orange 

Pamlico 

Pasquotank.. 

Pender 

Perquimans-. 

Person 

Pitt 

Polk 

Randolph 

Richmond 

Robeson 

Rockingham.. 



Total 

All Property 

1927 



38,450,414 
12,689,986 
23,011,273 
95,151,761 
34,241,701 
198,555,211 
14,799,052 
95,994,257 

7,434,174 

5,383,736 
21,107,406 
12,734,130 
192,823,410 
38,476,368 
24,692,119 
23,270,022 
29,605,409 
11,391,545 

9,971,698 

5,185,847 

46,208,284 

10,644,946 

843,078,191 

6,610,800 
14,562,323 
27,189,707 
16,392,037 

7,315,848 

10,606,877 

15,939,883 

20,374,496 

173,054,390 

9,417,899 
15,462,438 
26,775,909 
33,893,373 
60,288,890 
14,356,483 
10,811,410 
17,645,204 

5,804,297 
19,144,587 
10,104,118 

8,146,208 
12,854,446 
48,800,242 

8,110,065 
27,446,362 
32,241,645 
38,363,493 
43,796,970 



County-wide Rates for: 



Six 

Months 

School 

Term 



65 

60 
105 

59.2 

70 

30 

86 

54.75 

70 

90 

95 

75 

40 

65 

98 

65 

53 

53 

55 
104.25 

60 

74.... 
109 

75 

56 

75 

87 

70 

90 

85 

65 

41 

73 

73 

63 

60 

56 j 1 , 
100 

83 

78 

83 

68 
120 

67.75 

55 

63 
100 

49 

55 

67 

72.29 



Supple- 
menting 
and 
Extending 
the Six 
Months 
Term 



40 



24 



20 



30 
30 



8 25 



Purposes 
Other 
Than 

Schools 



55 

71 
110 

44.8 

30 

30 

35 

45.25 

28 

90 

71 
100 

34 

85 

50 

65 

87 
122 

65 
133.50 

75 
101 

78 

60 

54 

99 

72 

88 
115 

48 

78 

54 

79 
113 

55 

75 

43 H 

68^3 

72 

72 
160 

70 

79 
124 

70 

72 

95 

51 

75 

68 

95.71 



All 
Purposes 



120 
131 
215 
104 
100 

60 
121 
100 
138 
180 
166 
175 

98 
150 
148 
130 
160 
175 
120 

237.75 
135 
175 
187 
135 
110 
174 
159 
158 
205 
133 
143 

95 
152 
186 
118 
135 
130 

198 2 -s 

155 

150 

275 

138 

199 

200 

125 

135 

195 

100 

130 

135 

168 



State Board op Assessment 



131 



Counties 



Total 

All Property 

1927 



County-wide Rates for: 



Six- 
Months 
School 
Terms 



Supple- 
menting 

and 

Extending 

the Six 

Months 

Term 



Purposes 
Other 
Than 
School 



All 
Purposes 



Rowan 

Rutherford __ 

Sampson 

Scotland 

Stanly 

Stokes 

Surry 

Swain 

Transylvania 

Tyrrell 

Union 

Vance 

Wake 

Warren 

Washington.. 

Watauga 

Wayne 

Wilkes 

Wilson 

Yadkin 

Yancey 

Total... 



70 

36 

22 

16 

31 

13 

29 

12 

11 

3 

22 

20 

96 

13 

8 

9 

49 

16 

48 

9 

7 



, 586 , 577 
,302,627 
,511,314 
,250,641 
,180,997 
,029,210 
, 877 , 583 
,619,645 
,685,923 
,928,307 
,721,934 
,292,993 
,921,396 
,422,519 
,032,0S5 
,130,960 
,012,146 
,622,286 
,646,915 
,288,424 
,779,497 



52 . 75 

67 

80 

47.5 

66 

78.5 

57 

65 

91 

75 

75 

87 

66 

60 

66 

50 

65 

62 

81 

59 

93 



23 



30 



25 



41.25 

79 

80 

86 

74 
100.5 

58 

56 
126 

93 
105 

63 

21 

34 

93 

83 

45 

78 

39 

66 
125 



94 
146 
160 
133. 
140 
179 
115 
121 
240 
168 
180 
180 
87 
94 
159 
133 
110 
140 
145 
125 
218 



$2,934,013,736 



5. To make investigation of the revenue laws and systems of 
other states and to report to the Legislature at each regular ses- 
sion thereof the whole amount of taxes collected in the State for 
all State and county purposes, being classified. 

6. To prepare for legislative committees prior to the meeting 
of each General Assembly such revision of the Revenue and Ma- 
chinery Acts of the State as experience and investigation indicate 
should be enacted into law. 

7. To value the capital stock of all corporations under the rules 
and regulations mentioned in the Machinery Act of the State and 
make a report to the Governor. In fact, the State Board of As- 
sessment is head of the taxing system of the State and is the court 
of last resort in case of complaints and appeals. Its duties are 
very extensive and its work from a practical standpoint continues 
almost throughout the year. The officers who constitute this Board 
receive no salary as members of such Board. 



132 State Departments, Boards, and Commissions 
STATE HIGHWAY COMMISSION 

Ch. 2, P. L. 1923; Chs. 277 and 312, P. L. 1925 
FRANK Page, State Highway Commissioner, Raleigh. 

Composition (10) — Chairman, State Highway Commissioner; 
nine commissioners. 

Appointment — By Governor, with consent of Senate. 

Term — Chairman, six years; other members, six years, over- 
lapping. 

Qualification — Chairman, practical business man from State at 
large; members, one from each highway district, three of minority 
party. 

Compensation — Chairman, $15,000 and expenses; other members 
$10 per diem and expenses. 

Function 

To supervise and control the location, construction and main- 
tenance of the State Highway system; to meet the requirement of 
Federal aid acts; and to administer and enforce other provisions 
of the State Highway Act. 

To keep records of proceedings and adopt rules governing trans- 
actions and enforcement of law; to appoint a State highway en- 
gineer (four-year term) and other employees, fix their salaries and 
prescribe their duties; to meet quarterly, or oftener on call of 
Commissioner or of five members, the Highway Commissioner to 
devote entire time to the work of the Commission and to be vested 
with power of Commission when same is not in session. 

To designate and map the roads comprising the State Highway 
System and to publish same; to alter or relocate same subsequent 
to public hearing or on its own volition; to let all contracts for 
construction. 

To take over and control existing county or township roads con- 
stituting part of system; to provide for necessary road materials; 
to enforce by mandamus its legal rights. 



State Highway Commission 133 

To regulate use of State highways and to police traffic thereon, 
to establish a traffic census to secure information concerning use, 
cost, value, importance and necessity of roads forming a part of 
the State Highway System as a basis for construction of same. 

To assume full and exclusive responsibility for the maintenance 
of all roads other than streets in towns and cities forming part of 
system, except roads maintained by counties under contract with 
Commission. 

To exercise full power to comply with Federal aid acts relating 
to construction, maintenance and improvement of rural post roads. 

To regulate street openings and excavations on State-owned 
roads; to condemn land for rights-of-way and for purposes of ob- 
taining road materials, such as lime, sand, gravel, timber, etc., and 
to employ counsel for advice and legal action; to select and provide 
road materials; to adopt standard design and uniformly mark all 
roads comprised in the system. 

To keep full account of each road project showing expenditures 
and liabilities and records of contracts and force account work. 

To apportion construction and maintenance funds obtained from 
receipts of bond issues ($115,000,000), automobile license tax, gas- 
oline, road tax and other sources, to each district as prescribed by 
law. 

Reports. To make full detailed report to each General Assem- 
bly, showing construction and maintenance work and cost of same, 
receipts of license fees and disbursements. 

Note. Specfic duties of State Highway Commissioner and 
State Highway Engineer as such are not set forth in the law. 
Reference is invariably to the Highway Commission. 

* ORGANIZATION 

Frank Page, Chairman Raleigh 

F. C. Kugler, First District Washington 

C. R. Wheatly, Second District Beaufort 

W. A. McGirt, Third District Wilmington 

John Sprunt Hill, Fourth District Durham 

J. Elwood Cox, Fifth District High Point 



134 Spate Departments, Boards, and Commissions 

W. C. Wilkinson, Sixth District Charlotte 

Alex S. Hanes, Seventh District Winston-Salem 

A. M. Kistler, Eighth District Morganton 

J. G. Stikeleather, Ninth District Asheville 

L. R. Ames, State Highway Engineer Raleigh 

ADMINISTRATIVE 

The State Highway Commission, as provided in the Highway 
Act of 1921 and amendments of 1923, 1925 and 1927, is composed 
of the Chairman, Hon. Frank Page, who is a full-time official, and 
the nine District Commissioners from the construction districts 
throughout the State. As set forth in the Highway Law, the 
Commission has control of the expenditure of the $115,000,000 
bond issue, Federal Aid funds, and revenue from the gasoline tax 
and auto license fees. It is responsible for the construction and 
maintenance of the State Highway System and connecting the 
county-seats and principal towns. 



Assistant to Chairman 

H. K. Witherspoon, Assistant to Chairman, handles correspon- 
dence and detailed work of the Chairman which does not require 
his personal attention. 

Legal Department 

Charles Ross, of Lillington, is Attorney for the Highway Com- 
mission, which office is provided for in Section 21 of the State 
Highway Act. The Attorney handles all matters of a legal nature. 

Purchasing Department 

W. Z. Betts is in charge of the purchasing department and 
handles the purchasing of all equipment and supplies for the Com- 
mission. The majority of the purchasing is done on a competitive 
basis, thus effecting the saving of a large sum annually. This de- 
partment also handles the cement purchases of the Commission. 



State Highway Commission 135 

Accounting Department 

S. N. Smith, an experienced auditor, is in charge of this depart- 
ment and handles all receipts and disbursements of funds coming 
under the supervision of the Highway Commission. 

Equipment Department 

F. B. Hall, Superintendent of Motor Equipment, is in charge of 
the equipment department, which takes care of the upkeep of the 
automotive equipment required in the work of the Commission. 

The depot, which covers approximately twelve acres, is located 
about four miles west of Raleigh. 

ENGINEERING 

L. R. Ames, State Highway Engineer, has direct charge of all 
engineering work of the Commission, and has under his supervision 
the departments outlined below. 

Maintenance ayid Road Oil Departments 
John D. Waldrop, Assistant State Highway Engineer, is in 
charge of the Maintenance and Road Oil Departments. 

Road Department 
George F. Syme, Senior Highway Engineer, has charge of the 
drafting and preparation of plans and estimates for all road work 
carried on by the Commission. This department handles the prep- 
aration of proposals, contracts, and checks up final estimates be- 
fore final payment is made. All blueprint work of the Commission 
is taken care of in this department. 

Bridge Department 
W. L. Craven, Senior Bridge Engineer, has charge of the work 
of designing and px-eparing plans for all bridges and culverts in 
the State Highway System. Several large structures have been 
designed during the past two years. 



186 State Departments, Boards, and Commissions 

Locating and Claim Department 
R. G. Browning, Principal Locating and Claim Engineer, has 
charge of all location surveys on the State Highway System. 
Thousands of dollars have been saved the State by careful study 
and revision of proposed locations. 

Construction Department 
W. E. Hawkins, State Construction Engineer, has under his di- 
rection the progress and final inspections of construction work and 
testing of materials. 

District Engineers 

The State is divided into nine construction districts, each in 
charge of a District Engineer. Each district is in effect a separate 
unit, but is at the same time under the direction of the State High- 
way Engineer. 



Historical Note 

The State Highway Commission of North Carolina was first ap- 
pointed by Governor Locke Craig in accordance with the provisions 
of Chapter 113 of the Public Laws of 1915, in anticipation of the 
passage of the Federal Road Act in 1916; but since the appropri- 
ation provided was only $10,000 with which to carry out the pro- 
visions of the Act, the Commission could only act in an advisory 
capacity to the various county and township boards throughout the 
State. The General Assembly of 1917 made no change either in 
the Commission or in the law creating it except to set aside the 
funds collected from automobile license fees, as provided in Chap- 
ter 107 of the Public Laws of 1913, as a maintenance fund to pro- 
vide for the upkeep of the State System of roads. 

At this time little could be done towards building new roads, but 
a great deal was accomplished by educating the people of the 
State to the need for good roads and the many benefits to be de- 
rived therefrom. 

Real highway construction may be said to have begun with the 
passage of the 1919 Highway Law (Chapter 189, Public Laws, 



State Highway Commission 137 

1919) in which fees for automobile licenses were increased suffi- 
ciently to pi-ovide funds to meet more adequately Federal aid funds 
allotted by the Government. 

By the terms of this law one-fourth of the cost of constructing a 
road on the State System was furnished by the county in which 
the road was located, one-fourth from the State Highway Fund, 
and one-half from Federal aid funds. A new Commission was ap- 
pointed, consisting of Frank Page of Aberdeen, Chairman; and W. 
S. Fallis, State Highway Engineer under the former commission, 
remained in this capacity. During the two years that this Com- 
mission functioned under the law of 1919 approximately 200 miles 
of improved highways were completed at a cost of $2,464,000; and 
650 miles, estimated to cost $9,730,000, were placed under con- 
struction. Except for paying a portion of the cost of the wox-k 
and supervising it nothing was done by the Commission in the way 
of maintenance, as this phase of the work was left in the hands 
of county officials. 

Realizing the need for a more extensive road-building program 
and seeing the necessity for a more adequate system of main- 
tenance, certain foresighted citizens of the State began a campaign 
in 1920, which i-esulted in the passage by the General Assembly of 
1921 of the Doughton-Connor-Bowie Act. The purposes of the 
law are well expressed in section 2, which reads as follows: "The 
general purposes of this act are for the State to lay out, take over, 
establish and construct and assume control of approximately 
5,500 miles of hard-surfaced and other dependable highways run- 
ning to all county seats, and to all principal towns, State parks and 
principal State institutions, and linking up with State highways of 
adjoining states and with national highways into national forest 
reserves by the most practicable routes, with special view to de- 
velopment of agriculture, commercial and natural resources of the 
State, and for the further purpose of permitting the State to as- 
sume control of the State highways, repair, construct and recon- 
struct and maintain said highways at the expense of the entire 
State, and to relieve the counties and cities and towns of the State 
of this burden." Briefly, the act provides for a State Highway 
Commission consisting of a chairman from the State at large, and 
for one commissioner from each of the nine construction districts 
into which the State is divided; all engineering work is in charge 



L38 State Departments, Boards, and Commissions 

of a State Highway engineer chosen by the Commission; funds are 
provided by the issuance of serial bonds aggregating $115,000,000; 
from automobile license fees, and from a tax of four cents per gal- 
lon on motor vehicle fuel. 

For information apply to H. K. Witherspoon, assistant to chair- 
man, State Highway Commission, Raleigh. 



STATE BOARD OF HEALTH 

Charles O'H. Laughinghouse, Secretary and State Health 

Officer, Raleigh. 
Co mj)osition — Nine members. 

Personnel— A. J. Crowell, M. D., F. A. C. S., President, Char- 
lotte; Thomas E. Anderson, M. D., Statesville; Cyrus Thompson, 
M. D., Jacksonville; E. J. Tucker, D. D. S., Roxboro; D. A. Stanton, 
M. D., F. A. C. S., High Point; James P. Stowe, Ph. G., Charlotte; 
John B. Wright, M. D., F. A. C. S., Raleigh; L. E. McDaniel, M. D., 
Jackson; Charles C. Orr, M. D., Asheville. 

Appointment — Five appointed by Governor; four elected by 
Medical Society of the state of North Carolina. 

Term — Six years. 

Compensation — Members of Board, $4 per diem and expenses; 
Secretary, $8,000 annually. 

Function 

To enforce the public health laws of the State; to formulate 
policies and secure remedial or necessary legislation; to educate 
the public in matters of health. 

To take cognizance of the health interests of the people; to make 
sanitary investigations; to investigate causes of diseases danger- 
ous to the public health, especially epidemics; also the sources of 
mortality, and the effect of location, employment, and environment 
upon the public health; to gather and distribute such information; 
to act as the medical advisers of the State and advise the govern- 
ment in regard to the location, sanitary construction, and man- 



State Board op Health 139 

agement of all state institutions and to inspect same not less than 
once a year; to maintain a State Laboratory of Hygiene; to make 
examinations for the presence and diagnosis of communicable 
diseases; to prepare and distribute antitoxins, vaccines, and sera; 
to make monthly examinations of. potable waters; to investigate 
water-sheds, systems of water supply, sewerage, and to approve all 
plans for same; to supervise registration of births and deaths, the 
Secretary being State Registrar; to control privy construction and 
maintenance; to conduct prenatal work and child hygiene; to pub- 
lish bulletins, rules, regulations. 

To elect a President from its membership and an executive com- 
mittee consisting of the President and two other members; to meet 
annually, and to hold a conjoint meeting with the Medical So- 
ciety of the state of North Carolina; to hold special sessions and 
meetings of the executive committee upon call of the President 
through the Secretary. 

The Board elects from the registered physicians of the State a 
Secretary-Treasurer for a term of six years. He is the executive 
officer of the Board, and is designated by law as State Health 
Officer. 

Bureaus for the discharge of special duties are maintained as 
follows: Administration, Vital Statistics, Epidemiology, State 
Laboratory of Hygiene, Sanitary Engineering and Inspection, 
Maternity and Infancy, County Health Work, Health Education, 
Medical Inspection of Schools, Life Extension, Oral Hygiene. 

Historical Note 

The North Carolina State Board of Health is the twelfth oldest 
institution of its kind in the United States. It was created in 
1877 by an Act of the General Assembly constituting the entire 
Medical Society of the State as a board of health. Practically 
every General Assembly since that time has increased in some 
vital particular the work and support of the Board. Credit for 
initiating the work goes by universal assent to Dr. Thomas Fan- 
ning Wood of Wilmington, who became the first secretary in 1879 
when the General Assembly reconstituted the Board as partially 
appointed by the Governor, partially elected by the Medical So- 
ciety. Though the work of the Board has been expanded and 
modified, no radical changes have since been made in its status. 



140 State Departments, Boards, and Commissions 

The first state appropriation in 1877 was $100 annually. The 
state appropriation for the past fiscal year was $430,000, and to 
this the Board was able to add from other agencies about $650,000. 
North Carolina now ranks sixth among the states in the amount of 
money expended in the protection and promotion of the health of 
its people. This State has the enviable distinction of having es- 
tablished the first county health department in the United States 
for service to its rural population, and now has 39 such depart- 
ments with efficient personnel and adequate budgets for real serv- 
ice. It stands second in the number of such agencies, Ohio having 
the honor of first place. 

The Board at present is composed of seven physicians, one den- 
tist, and one pharmacist. The various functions of the Board are 
administered under the direction and supervision of the State 
Health Officer by trained men at the heads of the several divisions 
of specialized work. 



DEPARTMENT OF CONSERVATION AND DEVELOPMENT 

Ch. 85, C. S. ; Ch. 101, C. S.; Ch. 122. P. L. 1925: Chs. 51, 57, 60, 83 

and 250, P. L. 1927. 

Wade H. Phillips, Director, Raleigh. 

Composition — Board of Conservation and Development (12 
members) ; Director. 

Personnel — Board: Governor O. Max Gardner, Chairman; S. 
Wade Marr, Raleigh; James G. K. McClure, Jr., Asheville; Ben 
B. Gossett, Charlotte; Fred I. Sutton, Kinston; Ed. D. Cranford, 
Asheboro; E. S. Askew, Merry Hill; Santford Martin, Winston- 
Salem; R. Bruce Etheridge, Manteo; Frank H. Stedman, Fayette- 
ville; George L. Hampton, Canton; J. Q. Gilkey, Marion; and F. 
S. Worthy, Washington. 

Appointment — By Governor with consent of Senate; Director 
appointed by Governor to serve at his pleasure. 

Terms — Six years overlapping — first board being appointed for 
two, four and six years. 

Compensation — Four dollars per diem and actual expenses while 
in attendance on Board meetings. Required to meet at least twice 
annually — January and July. 



Department of Conservation and Development 141 

Division Chiefs — J. K. Dixon, Inland Fisheries; J. S. Holmes, 
State Forester; Chas. H. England, State Game Warden; H. J. 
Bryson, State Geologist; Capt. J. A. Nelson, State Fisheries Com- 
missioner; Thorndike Saville, Chief Hydraulic Engineer; Park 
Mathewson, Statistician; and Paul Kelly, Editor of Publications. 

Objects of the Department 

1. To take over the powers and duties exercised by the State 
Geological and Economic Survey, the Fisheries Commission Board; 
and the administration of the State Game Law. 

2. By investigation, recommendation and publication to aid 

(a) In the promotion of the conservation and development of 
the natural resources of the State; 

(b) In promoting a more profitable use of lands, forests, and 
waters; 

(c) In promoting the development of commerce and in- 
dustry; 

(d) In coordinating existing scientific investigations and 
other related agencies in formulating and promoting sound 
policies of conservation and development; and 

(e) To collect and classify the facts derived from such in- 
vestigations and from other agencies of the State as a source 
of information easily accessible to the citizens of the State 
and to the public generally, setting forth the natural, 
economic, industrial, and commercial advantages of the 
State. 

Forestry Division — The natural resources of North Carolina 
are so widespread and important that every possible effort must 
be made to conserve them for the benefit of the present and future 
generations. 

The forests of the State, besides providing timber and other pro- 
ducts for domestic and industrial use, protect and regulate our 
streams, help prevent the erosion of our soils, furnish feeding and 
breeding places for our game and other wild life, and beautify the 
great out-of-doors for the recreation and inspiration of our people. 

Of the State's total area of 31,000,000 acres, two-thirds or about 
21,000,000 acres are in timber of some kind or ai'e best adapted to 



142 State Departments, Boards, and Commissions 

the growth of timber. From the North Carolina forests there is 
created by industries dependent upon them an estimated annual 
wealth of $180,000,000. On the 21,000,000 acres, the total esti- 
mated stand some twenty years ago was forty billion board feet of 
saw timber. A recent estimate made with some care shows a stand 
of not to exceed fifteen billion board feet, a reduction of more 
than sixty per cent. In 1915, North Carolina was the fourth 
state in the production of lumber, while in 1923 it was the eleventh 
and in 1925, the thirteenth. It is still first in the number of 
sawmills which are helping to cuts its timber twice as fast as it is 
being produced. 

The Forestry Division, popularly known as the State Forest 
Service, is now organized to carry on four principal lines of effort, 
(1) forest protection, (2) forest planting, (3) state parks and 
forests, and (4) forestry information. 

The forest protective organization covers some forty counties 
which cooperate by paying one-half the local costs up to an agreed- 
upon maximum aggregating some $24,000. The State apportion- 
ment for this work is $29,000, and private contributions, $3,500. 
This is met by the federal government with funds contributed 
under the Clarke-McNary law on a percentage basis which all 
counted makes a total available for this work of $98,000. 

There are, in addition to the administrative force, some 3,400 
district and deputy forest wardens throughout the cooperating 
counties, selected for their knowledge, ability, and good standing, 
and paid only on part time. The latest fire-fighting feature em- 
ployed by the Division is the organization of crews of voluntary 
"minute men" pledged to fight any fire that comes within their 
observation or is reported within their territory. This force has 
grown to 1,677 men, making a total field organization of 5,077 men, 
none of whom are paid except when called upon for active duty. 

To protect the entire area of 21,000,000 acres of forest land from 
the annual fire damage of $1,200,000 during the last ten-year 
period will necessitate much stronger financial support and still 
further extensions in the warden service. The area under pro- 
tection of the wardens is being steadily expanded, but much re- 
mains to be done before a complete system is worked out. In 1925, 
5,356,916 acres were under the observation of state wardens; by 



Department op Conservation and Development 143 

1927, this area had been extended to 7,926,966 acres; and in 1928 
it had grown to 8,120,900 acres. 

Among the most tangible I'esults from the work of the wardens 
is the reduction of area covered and damage done by the average 
fire. In 1925, the average fire covered 185 acres and caused dam- 
ages of $726; in 1926, 152 acres and $426; in 1927, 151 acres and 
$222; and for the first six months of 1928, 72.6 acres and $126. 

A definite program has been launched for the reforestation of 
the estimated 4,000,000 idle acres of forest lands by the establish- 
ment of a forest nursery. At the end of the first year of operation 
of the nursery, 30,000 seedlings were distributed at cost to farm- 
ers; 185,000 were distributed the second year; and approximately 
350,000 will be available this year (1928). 

The protection and administration of Mount Mitchell State 
Park, containing 1,224 acres; Fort Macon State Park of 400 acres; 
and Rendezvous State Park of 140 acres, as well as the development 
of a management policy for the State Lakes and other recreational 
forest and water areas is placed in the Forestry Division. Through 
this division, the department is advocating and working toward the 
development of a comprehensive system of State Parks to em- 
brace outstanding scenic and recreational areas. A large amount 
of educational work, showing the need of preserving such assets 
for the enjoyment and benefit of all of the people has been done 
by the department. 

Economic studies relating to forest resources of the State are 
carried on and information distributed to inquirers both within 
and outside of North Carolina. 

Game Division — The two chief functions of the Game Division 
are to protect the present supply of bird and animal life and to re- 
habilitate the wild life of the State by contributing to its increase. 

One of the most important duties of the Department is to pro- 
mote among the citizens of the State a better appreciation of the 
value of game birds and animals and of song and insectivorous 
birds; also in promoting a feeling of responsibility on the part of 
the public toward the wild creatures of the field and the air. 

The Board has authority to change open seasons within the first 
and last dates set by the law and to change .bag limits within 
those provided by the law. 



Ill State Departments, Boards, and Commissions 

The Board may acquire by gift, purchase, or capture, wild birds 
or animals for propagation purposes, or for restocking the for- 
ests and covers of the State. It may establish and maintain 
refuges and sanctuaries on lands owned by the State or leased by 
the Board and propagate wild birds or animals thereon, and dis- 
tribute such birds and animals in the covers of the State, or to 
private landowners in such sections of the State as show the need 
of restocking. 

Under the law, 139,170 licenses were issued during the first year 
of its operation. These represented a total collection of approx- 
imately $208,000. Out of this fund, a warden force for the en- 
forcement of the law was maintained and a positive program for 
the rehabilitation of game was launched and prosecuted to as 
great a degree as was practicable for the first year. 

One of the first acts for the rehabilitation of game was the im- 
portation of 2,000 pairs of Mexican quail, part of which was dis- 
tributed in every county in the State. 

A State Game Farm, representing the expenditure of approx- 
imately $25,000 the first year was established and placed in oper- 
ation. It is anticipated that the output the first year will amount 
to around 1,000 pairs of the birds and that this number will be 
increased annually to as high as 10,000 pairs. Wild turkeys are 
also being bred at the farm for distribution in depleted homes of 
the bird. Various experiments and research work on the breeding 
and life habits of other species of game are being carried on at the 
game farm. 

In order to gain a more comprehensive knowledge of the preva- 
lence, condition and distribution of game in the State, a census 
of the bag for the first season was taken by the Game Division. 
Return cards were directed to all licensed hunters, who reported 
on the amount, species and county from which game was taken. 

The census showed a total of 4,529,590 pieces of game were 
killed by hunters. The following number of the varieties named 
was shown to have been bagged during the season: 1,555,270 rab- 
bits; 1,263,360 squirrels; 4,510 deer; 28,260 raccoons; 324,210 
opossums; 16,810 minks and skunks; 720 wildcats; 34,140 musk- 
rats; 981,980 quail; 6,110 wild turkeys; 500 grouse; 2,820 pheas- 
ants; 17,540 snipe; 1,220 rails and coots; 12,740 woodcocks; 
170,070 doves; 5,280 geese, and 103,690 ducks. 



Department of Conservation and Development 145 

Game refuges of 170,400 acres have been set aside in North 
Carolina. Part of this area is on National Forest lands on which 
the State is cooperating with the federal government in the pro- 
tection of game resources. Following are the refuges and the 
number of acres in each: Mt. Mitchell, 22,660; Wayah Bald, 
10,180; Sauratown, 30,000; Gibson Woods, 2,860; Pisgah 
(national) 100,000; Guilford, 3,500, and Penn, 1,200. 

Division of Inland Fisheries — North Carolina's first Anglers' 
License Law was passed by the 1927 General Assembly and its 
administration was placed under the Department of Conservation 
and Development. 

A State-wide warden system has been established as a result of 
collections under this law. However, the receipts were limited, 
since licenses are required only from sport fishermen or those 
using rod and reel, jointed rod, or who fish by casting. First 
year's collections amounted to approximately $17,000. 

Under authority vested in the former Fisheries Commission 
Board and passed on to the Board of Conservation and Develop- 
ment under the consolidation law, regulations have been set up 
providing size and bag limits, and open and closed seasons for 
taking game fish, thus allowing an undistux'bed season for breed- 
ing. Waters of the State have also been divided into "Commer- 
cial" and "Inland" fishing grounds and rules established for the 
manner of taking game fish in order that the supply may be 
increased. 

Five hatcheries built under the direction of the Fisheries Com- 
mission Board were taken over by the consolidated Department 
of Conservation and Development. The capacity and output of 
all of these were increased during the last year and further plans 
made for adding to their output. 

An arrangement for the cooperative operation of the U. S. 
Bureau of Fisheries hatchery at Edenton was continued and the 
Inland Fisheries Division joined with the Federal department in 
reopening the discontinued striped bass (rock) hatchery at Weldon. 

Administration of the Burke-McDowell fisheries law has been 
turned over to the Division of Inland Fisheries by the Board 
formed for that purpose and has been operated for the benefit 
of game fishing in those counties. A small hatchery near the 



14(i State Departments, Boards, and Commissions 

shores of Lake James was taken over and has been improved and 
enlarged. This hatchery and those at Weldon and Edenton bring 
the total operated by the Division or in which it cooperates to 
eight. 

The output of game fish from the hatcheries has increased con- 
siderably during the year. From a total of about 2,000,000 in 
1927, it has grown to more than 9,000,000 in 1928. 

A movement for the construction of nursery or rearing ponds 
for the baby fry from the hatcheries has been led by the Division, 
and more than a score have been in operation during the year. 
These- nurseries receive the baby fish and rear them to a fingerling 
size of several inches before distribution to insure a greatly reduced 
mortality rate and more effective restocking. 

Commercial Fisheries Division — Duties of the Fisheries Com- 
mission Board were taken over, under legislative authority, in 1927 
by the Board of Conservation and Development with the Fisheries 
Commissioner in charge of the work of the Division. Administra- 
tive duties of the Division are as follows : 

To enforce all acts relating to the fish and fisheries of North 
Carolina. By and with the advice and consent of the Board, to 
make such regulations as shall maintain open for the passage of 
fishes all inlets not less than one-third of the width of all sounds 
and streams, or such greater proportions of their width as may be 
necessary. To collect and compile statistics showing the annual 
product of the fisheries of the State, the capital invested, and the 
apparatus employed, and any fisherman refusing to give these 
statistics shall be refused a license for the next year. To prepare 
and file maps based on the charts of the U. S. Coast and Geodetic 
Survey, of the largest scale published, showing as closely as may 
be the location of all fixed apparatus employed during each fishing 
season. 

To have surveyed and marked in a prominent manner those 
areas of waters of the State in which the use of any or all fishing 
appliances is prohibited by law or regulation and those areas of 
water in the State in which oyster tonging or dredging is pro- 
hibited by law. To prosecute all violation of the fish laws, and 
wherever necessary to employ counsel for this purpose. To 
remove, pending trial, nets or other appliances being fished or 



Department op Conservation and Development 147 

used in violation of the fisheries laws of the State. To carry on 
investigations relating to the migrations and habits of the fish in • 
the waters of the State. The Board of Conservation and Develop- 
ment is empowered to make such rules and regulations as it thinks 
proper to procure statistics as to the annual products of the 
fisheries of the State. 

In aiding to develop the commercial fishing industry, 1,611,956 
bushels of oyster shells have been planted within the last few 
years, and fully matured bivalves are being harvested from a 
majority of these beds. 

For several years, the Division has operated, in cooperation with 
the U. S. Bureau of Fisheries, a diamond-back terrapin hatchery 
at Beaufort. In 1927 more than 2,000 young terrapins were liber- 
ated in North Carolina waters in order to aid in the rehabilitation 
of a greatly depleted supply of this valuable fishery product. The 
number of terrapins released has increased annually, and a hatch 
of 10,000 is expected in 1928; and by 1930 an annual output of 
30,000 is anticipated. After a five-year closed season prescribed 
by the Board, the diamond-back terrapin industry will be revived 
in 1929. The closed season and breeding in captivity are largely 
responsible for saving the supply of terrapins from complete exter- 
mination. 

One of the chief duties of the Division is the protection of the 
shellfish industry by aiding health officials to maintain a super- 
vision over sanitary conditions. Close inspections assure to the 
markets a perfectly safe article of food and have been largely 
instrumental in restoring markets that were paralyzed a few years 
ago by unjustified propaganda originating in other parts of the 
country. 

Approximately $4,000,000 are invested in equipment and 
improvements used in the commercial fisheries industry. The 
annual production of food and shellfish amounts to between 
$3,000,000 and $4,000,000 annually. 

Water Resources Division — Created in 1921, its function has 
been to promote the conservation and more profitable use of the 
State's water resources: first, by obtaining basic data through 
research, directed surveys, and stream gaging, to which is added 



148 State Departments, Boards, and Commissions 

the collection of such data from all available sources; and, second, 
by presenting this data in a form easily used by engineers and 
the general public. 

Acting in its capacity as an investigator and a seeker for basic 
information necessary for orderly and economical development of 
our resources, it has vigorously sought to obtain stream flow rec- 
ords for the use of municipalities in investigating water supplies, 
and power companies their developments; has aided in the collec- 
tion of rainfall records for the same purpose; and it has, through 
cooperative work with counties, caused surveys to be made of 
rivers to determine their power possibilities and the most feasible 
methods for their development. Also, it has caused the chemical 
analysis of waters from many streams in order to supply such 
information to industrial concerns seeking locations for manu- 
facturing plants. Miscellaneous investigations have been made 
on the request of the Governor in some instances; of state depart- 
ments and institutions in others. 

While being concerned primarily with the State's water resources 
as such, it is also concerned with those resources during their 
development and afterwards. Hence it has been authorized and 
directed to cooperate with the Federal Power Commission and to 
act in behalf of the State in carrying out any regulations that may 
be passed relating to water powers in the State other than those 
relating to making and regulating rates. In this connection, a 
very close watch is kept on power developments; contact is main- 
tained with the Federal Power Commission; and the interests of 
the State are looked after. 

To meet the future hydro-electric needs of our people there is 
indicated a State agency for supplying accurate and comprehen- 
sive facts upon which State authority may proceed impartially 
to supervise and regulate future developments, not only in the 
fixing of rates, but to the end of assuring that water powers gen- 
erally shall secure such a uniform treatment as will make the 
most out of every stream, considered in its character of a public 
asset to be utilized and managed in the common benefit; that 
developments are not made in a manner so incomplete as to fail 
in proper realization of their possibilities, and that they are not 
unduly delayed by private owners of stream rights. 



Department of Conservation and Development 149 

In cooperation with the State Board of Health, the State Com- 
mittee on Stream Sanitation and Conservation has been organ- 
ized. This committee consists of the executive heads and chief 
engineers of the two Departments. Through this committee all 
matters of stream pollution control and investigations are handled. 
The primary object behind the creation of the committee is to 
maintain the purity of the streams of the State for the protection 
of public health, industry, fish life, and general recreation of the 
people. It is hoped that the committee's work will be both pre- 
ventive and corrective by working in cooperation with industries, 
municipalities and other factors that are concerned. 

A start has been made by the Division on studies of physical 
changes along the coast. The work is fundamental in that an 
extended study will be needed to show the erosion and accretion 
of the shore lines. Information obtained by these observations is 
to be used in contributing to the solution of problems affecting 
improvements along the beaches, navigation, and commercial 
fisheries. 

Division of Mineral Resources — The Department from time 
to time during its history has undertaken investigations of the 
geological formations of the State, occurrence of various minerals, 
their commercial value and methods of mining, and has published 
a number of bulletins and economic papers concerning them, many 
of these in cooperation with Federal agencies. From an economic 
as well as scientific point of view, there is a great amount of study 
still needed to be done, which would, in all probability, yield good 
returns on the investment. 

In 1920, the value of mineral products exceeded that of any 
previous year in the history of the State, amounting to $8,150,753. 
In 1923, a new high record for mineral production value, amount- 
ing to $11,043,517 was set. In 1924, there was a decrease when 
the output amounted to only $10,163,435. However, the 1926 pro- 
duction went up to a new high mai'k with a total valuation of 
mineral products amounting to $11,274,224. 

The increases in recent years have come largely from a greater 
utilization of stone and clay products, including kaolins and shale. 
Possibilities in the commercial uses of clays and shale for fire 
proofing, face brick, and various types and qualities of tiles are 



150 State Departments, Boards, and Commissions 

highly attractive. The Department is constantly investigating and 
reporting upon mineral resources with the view of providing data 
for industrial development. 

Samples of any mineral found in the State may be sent to the 
Division of Mineral Resources, Department of Conservation and 
Development, for identification, and will be classified free of 
charge. Hundreds of these specimens are identified annually by 
the 'State Geologist, who has thus assisted in the development of 
deposits. 

Investigations and reports of the State Geologist have been 
instrumental in promoting the exploitation of many large deposits 
of minerals. He assists further in development of these natural 
resources by placing the consumer in touch with the producer and 
aiding the producer to find markets for his output. 

Division of Commerce and Industry — This is the latest of the 
Department's Divisions. Its functions, as connoted by its title, 
consist chiefly of collecting and tabulating information for aiding 
the development of commerce and industry in the State. 

A close contact is kept with Chambers of Commerce and trade 
organizations in the State in order that they shall receive the full 
benefits of any work of the Division and for mutual helpfulness. 
This also is true of the relationship with other departments and 
branches of the state government. 

One of the largest undertakings has been the taking of the 
biennial census of manufactures in North Carolina for the U. S. 
Bureau of the Census. This enumeration is designed to show the 
extent of development of resources by manufacturing, statistics 
for the benefit of industry and the State at large, and for adver- 
tising its progress. North Carolina is the second State in the 
nation to undertake this work, Massachusetts being the first. 
Although at this time definite totals are not available, returns 
show that there has been a substantial increase over the approxi- 
mately billion dollar mark in 1925. 

A cooperative office of the U. S. Bureau of Foreign and Domestic 
Commerce has been established with this Division for the purpose 
of encouraging the development of industry, commerce, and busi- 
ness of the State. The Division is made a broadcasting agency 
for valuable information to those who require it in their opera- 



Department op Conservation and Development 151 

tions. The results of surveys of foreign and domestic commerce, 
special studies of business conditions, and industrial suggestions 
are made directly available to individuals and corporations of 
the State. It is a free trade service. 

Under the direction of the Division, the State's first survey of 
natural resources and industry is being made. This survey is 
intended as an inventory of raw materials and of the extent to 
which industrial opportunities have been developed and to suggest 
possibilities that are not yet capitalized. 

Division of Public Relations — Under this Division is placed 
the duty of state advertising, which has been carried on with the 
limited scope within its means — an amount less than that spent 
by the Chamber of Commerce of many small towns and only a 
very meager sum as compared with that being spent by some of 
the booster organizations of the larger cities of the State. 

The larger portion of state advertising done by the Department 
so far has been through the medium of news articles issued by 
this Division to the daily press and to various trade, professional, 
spoi-t, financial, and general publications. 

Another feature of advertising has been carried on by the means 
of photographs printed by scores of publications. The Division 
has made a collection of pictures representative of various phases 
of industry, of the scenic attractions, and of other outstanding 
features of North Carolina to show the attractions of the State, 
and has met scores of requests for their presentation in publica- 
tions within the State and in many with national circulation. 

The Department's bi-weekly publication, "Conservation and 
Industry," has been issued by the Division. This pamphlet reflects 
the activities of the various Divisions and disseminates informa- 
tion regarding features of conservation and development of the 
State's resources. 

Another function of the Division has been to keep the people of 
the State informed of the work of the Department through the 
daily and weekly press which run a continuous flow of news 
articles. The press has also given freely of its space to carry 
the message of conservation and development to the people of the 
State. The Division has cooperated with other Divisions of the 
Department in putting across educational projects along their 
various lines. 



152 State Departments, Boards, and Commissions 

The latest feature employed by the Department for state adver- 
tising and broadcasting educational information is the radio. 
Addresses and special programs have been broadcasted from sta- 
tions in North Carolina and other states. This medium of adver- 
tising will be used still more extensively as the Department's 
program is extended. 



STATE BOARD OF CHARITIES AND PUBLIC WELFARE 

Art. XI, Sec. 7, Constitution; Ch. 88, C. S. ; Arts. 1, 2, 5, Ch. 103, C. S. ; 
Ch. 128, P. L. 1921; Ch. 90, P.' L. 1925; Ch. 65, P. L. 1927. 

Mrs. Kate Burr Johnson, Commissioner of Public Welfare, 

Raleigh. 

Composition — Seven members. Elected by General Assembly on 
recommendation of Governor. 

Term — Six years overlapping. 

Qualification — One to be a woman. 

Compensation — Expenses only. 

Function 

To investigate and supervise the whole system of charitable and 
penal institutions of the State, and to recommend such changes 
and additional provisions as it may deem needful for their econom- 
ical and efficient administration. 

To study problems of non-employment, poverty, vagrancy, hous- 
ing conditions, crime, public amusement, care and treatment of 
prisoners, divorce and wife desertion, the social evil and kindred 
subjects and their causes, treatment and prevention; to issue, pub- 
lish and distribute bulletins on social conditions and proper treat- 
ment and remedies for social evils. 

To study and promote the welfare of the dependent and de- 
linquent child and to provide either directly or through a division 
of the Board for the placing and supervision of dependent, de- 
linquent and defective children. 



State Board of Charities and Public Welfare 153 

To inspect and report on private orphanages, institutions, ma- 
ternity homes and persons or organizations receiving and placing 
children and to require such institutions to submit reports, and in- 
formation as directed; to issue and revoke for cause, licenses to 
persons or agencies carrying on such work. (According to Ch. 90, 
P. L. 1925, the Board is not required to license child-caring insti- 
tutions owned by a religious denomination or'a fraternal order and 
having a plant valued at not less than $60,000.) 

To inspect county jails, prisons, county homes and other insti- 
tutions of a penal or charitable nature, and to require reports from 
sheriffs and other officers; to approve plans and specifications of 
new jails and almshouses. 

To approve by certificate the election of County Superintendent 
of Public Welfare elected for two years by County Board of Edu- 
cation and Board of County Commissioners in joint session. 

To appoint county boards of charities and public welfare. 

To approve applications for establishment of private, town and 
county hospitals for the insane, feeble-minded, and inebriate and 
to issue licenses for same which shall at all times be subject to 
visitation. 

To recommend to the Legislature social legislation and the cre- 
ation of necessary institutions. 

Historical Note 

In 1917 the General Assembly repealed the law providing for the 
Board of Public Charities, made mandatory by the State Consti- 
tution of 1868, and created the State Board of Charities and Pub- 
lic Welfare with enlarged duties and powers. This session of the 
Legislature also provided for county superintendents and boards 
of public welfare, leaving such oi'ganization optional with the 
counties. The General Assembly of 1919 improved the county 
plan of organization, making the employment of a superintendent 
of public welfare mandatory in counties having a population of 
more than 32,000; and also created the State system of juvenile 
courts. 

THE WORK OF THE BOARD 

The work of the' State Board of Charities and Public Welfare 
has to do with the unfortunate elements of the State's population — 



154 State Departments, Boards, and Commissions 

the insane, the feeble-minded, the poor, the crippled, the orphan, 
the criminal, the neglected, the dependent, and the delinquent. Its 
object is to secure for these handicapped people the protection and 
care that are their due in a Christian democracy; to seek out the 
causes of social maladjustments; and to plan as wisely as may be 
for their prevention. 

This work is organized under seven divisions: The division of 
county organization, the division of child welfare, the division of 
institutions, the division of mental health and hygiene, the division 
of education and publicity, the division of school attendance, and 
the division of work among negroes. 

COUNTY ORGANIZATION 

The duties of the bureau of county organization include: (1) 
cooperation with county boards of commissioners and education and 
public welfare; (2) promotion of appointment of efficient superin- 
tendents of public welfare; (3) appointment of county boards of 
public welfare; (4) standardization of county public welfare woi'k, 
including juvenile court and probation work. 

The State, as a field for public welfare work, is divided into 
county units, each of which is closely in touch with the State 
Board program. Fifty-five counties in North Carolina are now 
(September, 1928) organized for this work. In only 29 of these 
is the employment of a superintendent of public welfare required 
by law. 

The County Superintendent of Public Welfare is the agent of 
the State Board in his county, and is chief school attendance 
officer, and chief probation officer. With the county juvenile court, 
he has oversight of all dependent, neglected and delinquent chil- 
dren under 16 years of age in the county. He enforces the child 
labor laws and supervises, under the county commissioners, the 
care of the poor and the administration of the poor funds. In addi- 
tion, he has oversight of persons discharged from hospitals for the 
insane and from other State institutions and of all persons on pro- 
bations or parole. He is expected to promote wholesome recreation 
in the county and to enforce such laws as regulate commercial 
amusement; to assist the State Board in finding employment for 
the unemployed; and to investigate the causes of distress. 



State Board of Charities and Public Welfare 155 

Election of County Superintendents of Public Welfare must be 
approved by the State Board, which wishes to approve only per- 
sons qualified by training or experience or having personal aptitude 
for the work. In conjunction with the School of Public Welfare at 
the University of North Carolina, the Board conducts institutes of 
public welfare at Chapel Hill each summer, at which county super- 
intendents may study subjects related to their work and discuss 
their problems. It also conducts an annual institute for training 
Negro social workers at one of the state colleges for Negroes. 

mothers' aid and case work 

The division of child welfare has two branches of activities, 
Mothers' Aid and Case Work. The Mothers' Aid work is financed 
by a fund of $50,000 a year given by the General Assembly, to be 
matched dollar for dollar by the counties taking advantage of it. 
The fund is to help worthy mothers, deprived of their husbands' 
support, to rear their children in their own homes. There are 395 
mothers on the Aid list at present. In these homes there are 1,580 
children. Since the beginning of the fund in 1923, 675 mothers 
have been given assistance. Seventy-four counties participate in 
the fund. 

The large majority of the women receiving this help are widows; 
a few are deserted; a few have husbands in prison or in hospitals 
for the insane; the husbands of a few are physically incapacitated. 
These women are encouraged to secure work in their homes to aug- 
ment their incomes so that their names may eventually be removed 
from the Mothers' Aid list and the money given to more needy 
cases. They are encouraged to send their children to school, to 
have them examined by the health authorities, and in every way to 
rear them as respectable and useful citizens. These women are 
not considered as objects of charity, but as employees of the State 
whose job is to rear good citizens. 

Case work in the division of child welfare includes mental prob- 
lems, problems of delinquent women and girls, transients and im- 
posters, investigations for other states, epileptic and insane cases, 
children needing temporary or permanent care, cripples, and other 
problems. Each month a large number of interstate cases are 
handled. 



156 State Departments, Boards, and Comahsstons 

clinics for crippled children 

Only two clinics have been held under the auspices of the Child 
Welfare division cooperating with the Orthopedic Hospital at 
Gastonia since September, 1926. However, beginning in September, 
1928, the Orthopedic Hospital has established a permanent monthly 
clinic at Goldsboro, at which crippled children from the eastern 
section of the State will be treated. The division of child welfare 
will cooperate in the work as it did in the old transient or migra- 
tory clinics. Children of western North Carolina will be treated at 
the hospital at Gastonia. 

INSTITUTIONAL SUPERVISION 

The State Board of Charities and Public Welfare is required by 
law to supervise all charitable and penal institutions. This in- 
cludes State and county penal institutions, county homes, institu- 
tions for defectives, orphanages, reformatories, maternity homes, 
and institutions for the delinquent. 

Through a special arrangement between the State Board of 
Charities and Public Welfare and the State Board of Health, a 
special inspector has spent all of his time since July 1, 1925, in 
inspecting penal institutions. 

Monthly reports are asked by the division from county jails and 
county prison camps in order to collect statistics on crime. Plans 
for new jails and county homes are approved by the division. 

A report of every inmate of child-caring institutions in the State 
has been filed in the office of this division. In this work, the 
Board's object has been to try to secure for the child committed to 
an institution the best possible care. A few child-caring institu- 
tions have been discontinued because of their failure to meet es- 
sential requirements. 

MENTAL HYGIENE 

The professor of abnormal psychology at the University of 
North Carolina, who is a part-time member of the staff of the State 
Board of Charities and Public Welfare, is available for mental ex- 
aminations of problem cases that come to the attention of the 



State Board of Charities and Public Welfare 157 

Board. Studies are made by the Division of Mental Health and 
Hygiene of the relation of mental deficiency or aberration to crime, 
dependency and immorality. 

Inspection of all State and private institutions for the insane, 
the defective or the mentally sick is made by this division. 

Clinics for the purpose of examining sub-normal school children 
have been held in several towns, and in some cases, special classes 
for mentally retarded children have been begun. 

Similar clinics have also been held from time to time at State 
and private institutions. 

As far as possible, information on mental diseases and mental 
defects is given out in order to bring the attention of the public 
to the necessity of coping with the problems of insanity and feeble- 
mindedness, both by remedial and preventive methods. 

EDUCATION AND PUBLICITY 

Through the Division of Education and Publicity an effort is 
made to acquaint the people of North Carolina with what the State 
Board of Charities and Public Welfare is doing and what it hopes 
to do. Public Welfare Progress, a four-page monthly sheet, is 
issued to a mailing list of 6,000; special bulletins are printed from 
time to time; news and feature stories are sent to the State press; 
special articles are supplied for periodicals; and all requests for 
material and information on the work of the State Board of Chari- 
ties and Public Welfare are filled. 

Addresses by members of the Board, by the Commissioner of 
Public Welfare, and her staff, complete the plan by which the 
State learns of the work of the Board. 

DIVISION OF SCHOOL ATTENDANCE 

The State Board of Charities and Public Welfare, feeling that 
school attendance has been one of the weakest parts of the program 
for social progress in North Carolina, secured funds from a private 
source to create the Division of School Attendance in April, 1928. 

The purpose of the division is to cooperate with the county su- 
perintendents of public welfare, whose duty it is to enforce the 
compulsory school attendance law, and with the superintendents 



158 State Departments, Boards, and Tom missions 

of schools, principals, teachers, and interested people of the com- 
munity, in the efforts to increase school attendance. 

WORK AMONG NEGROES 

The two objectives of the division of work among Negroes are 
the intelligent study of Negro life, with its social problems, and 
the development of programs in the communities through the 
stimulating of organized cooperative effort on the part of 
Negroes. The division was started in January, 1925. Twenty 
social woi'kers have been placed in county and city departments 
of public welfare, and twenty-four Negro communities (city or 
county) have been organized for welfare work. 

Through the division, $30,200 has been raised in the various 
counties to carry on welfare work among the Negroes. 

The division will start, in September, a statewide study of 
Negro child life. For this project the Rosenwald fund contribu- 
tion of $5,000 has been matched by contributions totaling $5,000 
from private sources in the State. 

INSTITUTIONS UNDER BOARD 

The State institutions that come under the supervision of the 
State Board of Charities and Public Welfare are : 

Hospital for the Insane at Raleigh. 

State Prison at Raleigh. 

Hospital for the Insane at Morganton. 

Hospital for the Negro Insane at Goldsboro. 

Stonewall Jackson Training School for Delinquent White Boys 
at Concord. 

North Carolina Orthopedic Hospital for Crippled Children at 
Gastonia. 

Caswell Training School for Mental Defectives at Kinston. 

Samarcand Manor for Delinquent White Girls at Samarcand, 
(Moore County). 

Morrison Industrial School for Delinquent Negro Boys in Rich- 
mond County. 



State Board of Charities and Public Welfare 159 

Eastern Carolina Industrial Training School for Delinquent 
White Boys at Rocky Mount. 

Farm Colony for Women at Kinston. 

This list does not include the county institutions and the private 
institutions that the State Board supervises. 

grants 

In July, 1924, the State Board of Charities and Public Welfare, 
and the School of Public Welfare, University of North Carolina, 
cooperating, were each given a grant of $10,000 per year for a 
period of three years from the Laura Spelman Rockefeller 
Memorial Fund for a demonstration of public welfare work in 
four counties of the State. Wake, Orange, Chatham and Cherokee 
counties were chosen for the demonstration. 

B. N. Duke, of New York City and Durham, gave $15,000 to the 
State Orthopedic Hospital at Gastonia for the purpose of erecting 
a ward for treating Negro crippled children. This has been com- 
pleted and is doing effective work. 

The Laura Spelman Rockefeller Memorial Fund in 1928 con- 
tributed $16,600 to the division of work among Negroes. 

The sum of $11,475 was given by the Laura Spelman Rockefeller 
Memorial Fund in April, 1928, for the establishment of a division 
of school attendance. 

MEMBERS OF THE BOARD 

W. A. Blair, Chairman Winston-Salem 

A. W. McAlister, Vice-Chairman Greensboro 

Dr. Henry F. Long Statesville 

Mrs. Joseph A. Brown Chadbourn 

Mrs. Herbert F. Seawell Carthage 

A. H. James Laurinburg 

Mrs. Walter C. Crowell Monroe 

executive staff 

Mrs. Kate Burr Johnson— Commissioner 

Rov Fugene Brown Institutional Supervision 



160 State Departments, Boards, and Commissions 

Lily E. Mitchell Mothers' Aid and Case Work 

Mrs. Mary Camp Sprinkle County Organization 

HARRY W. CRANE Mental Health and Hygiene 

Lisbeth H. Parrott Education and Publicity 

Lawrence A. Oxley Negro Work 

L. G. Whitley Inspector of Penal Institutions 

Elizabeth Smith School Attendance 



CHILD WELFARE COMMISSION 

Art. 1, Ch. 90, C. S. 1919. 

E. F. Carter, Executive Secretary, Raleigh. 

Members ex officio — Superintendent of Public Instruction, Secre- 
tary State Board of Health, and Commissioner of Public Welfare. 

Duties of the Commission 

To administer the laws relating to child labor, seats for women 
employees, and separate toilets for sexes and colors. Authorized 
to make and formulate such rules and regulations for the enforcing 
and carrying out of the provisions of these laws as in its judgment 
it shall deem necessary. Empowered to make exceptions and pre- 
scribe regulations governing the employment of children under 
fourteen years of age in the terms enumerated but not prohibited 
in this act; to make exceptions and prescribe regulations for chil- 
dren under sixteen years of age when ( 1 ) such child has symptoms 
of disease contributory to retardation or disability, or (2) when 
determined by physical examination that employment of such child 
is injurious to its health, or (3) employed when surrounding con- 
ditions are injurious to its morals, or (4) employed when danger- 
ous employment hazards are present. Authorized to prescribe legal 
forms for the employment of all children under sixteen years of 
age. To appoint, employ and specially designate agents to enforce 
the laws, to make inspections, issue certificates and carry out the 
provisions of the laws and rules of the Commission. It is unlawful 



Child Welfare Commission 161 

to prevent any person authorized by the Commission from enter- 
ing any of the places enumerated in this act for the purpose of 
making inspections. 

ADMINISTRATIVE FUNCTIONS 

The executive officer is in charge of the administrative and regu- 
latory work of the Commission and is also secretary. He is ap- 
pointed by the Commission to serve at its pleasure and receives a 
salary of $3,000. In addition to the primary object of enforcing the 
laws, it is his duty to inform the Commission of the conditions 
existing in the State by means of inspections, study, research and 
surveys, to initiate a program and recommend policies for the ap- 
proval of the Commission in governing the administration of these 
acts and the inauguration of plans for the solution of problems 
that may arise in their enforcement, to select and organize the 
personnel of the department, to publish reports and bulletins, 
showing the Commission's activities, and to prepare the budget. 

The organization is formed to accomplish the specific ends de- 
signed by the laws in providing a statistical bureau for the ac- 
cumulation of facts relating to objects of work and the dissemi- 
nating of same. There is a department of engineering for the 
study and solution of problems arising from the enforcement of 
the provisions of the toilet law for sexes and color and the act re- 
quiring suitable seats and resting places for female employees. 
The chief inspector is charged with inspectional work and follow 
up of violations, certificating agents to supervise and assist in the 
certification of children and to follow up physical defective cases. 

Historical Sketch 

The Child Welfare Commission was created by an act of the 
General Assembly of 1919, and became effective July 1 of the same 
year. The beginning of the administration found the Commission 
facing the necessity of formulating rules and policies for the legal 
prosecution of the work. The funds provided were totally inade- 
quate to meet the responsibilities imposed by the act. A period of 
five years (*) has demonstrated that the unique and original ideas 

. *The editor regrets that he has been unable to secure from the Commission 
any data relating to its work since 1924. The present sketch is a partial 
reprint from the North Carolina Manual, 1025. 



162 State Departments, Boards, and Commissions 

embodied in this act for the supervision and control of children em- 
ployed in the State are correct in theory, sound in principle and 
effective in methods and results. The Commission has passed the 
experimental stage and is now efficiently handling its own child 
labor problems with satisfaction and promptness. 

The Commission has administered the child labor laws and other 
laws which come under its administrative power with the view 
of taking care of the children of North Carolina through the me- 
diums of education, health and welfare. The Commission's efforts 
were forwarded by the hearty cooperation of the manufacturers 
and public in general. The county superintendents of welfare and 
of schools and the county health officers have cooperated in every 
instance in forwarding the program of the Commission. 

Requirements of Child Labor Law 

PROHIBITIVE EMPLOYMENTS OF CHILDREN UNDER FOURTEEN 

No child under the age of fourteen years shall be employed or 
permitted to work, in or about or in connection with any mill, 
factory, cannery, workshop, or manufacturing establishment. 

EMPLOYMENT OF CHILDREN UNDER FOURTEEN REGULATED 

No child under the age of fourteen years shall be employed, or 
permitted to work, in or about or in connection with any laundry, 
bakery, mercantile establishment, office, hotel, restaurant, barber 
shop, bootblack stand, public stable, garage, place of amusement, 
brick yard, lumber yard, or any messenger or delivery service, pub- 
lic works, or any form of street trades, except in cases and under 
regulations prescribed by the Commission. 

Exceptions. This section shall not be construed to include bona 
fide boys' and girls' canning clubs recognized by the Agricultural 
Department of this State, or vocational training classes authorized 
by the State Board of Education, and such canning clubs and vo- 
cational classes are hereby expressly exempted from the provisions 
of this article. 

PROHIBITED EMPLOYMENTS OF CHILDREN UNDER SIXTEEN 

No person under sixteen years of age shall be employed, or 
permitted to work, at night in any of the places or occupations 



Child Welfare Commission 163 

referred to in the first preceding section, between the hours of nine 
p. m. and six a. m., and no person under sixteen years of age shall 
be employed or permitted to work in or about or in connection 
with any quarry or mine, nor shall any child under the age of 
sixteen years be employed, except in cases and under regulations 
prescribed by the Commission herein created, when (1) such child 
has symptoms of disease contributory to retardation or disability; 
or (2) when determined by physical examination that employment 
of such child is injurious to its health; or (3) employed when 
surrounding conditions are injurious to its morals; or (4) em- 
ployed when dangerous employment hazards are present. 

The Commission has passed 14 rules and made legal interpreta- 
tions of the 21 vocations enumerated in the law. 

THE MANDATORY REQUIREMENTS OF THE LAW AND RULES OF THE 
COMMISSION FOR AGES, HOURS AND CONDITIONS OF EMPLOYMENT 

1. No child under fourteen years of age shall be employed in a 
mill, factory, cannery, workshop, or manufacturing establishment. 

2. No child under fourteen years of age shall be engaged in any 
of the occupations enumerated in the law, during school hours 
except in connection with continuation schools, vocational classes 
and bona fide canning clubs. 

3. No child under sixteen years of age shall be employed before 
6 a. m. or after 9 p. m. 

4. No minor shall be worked in a factory or manufacturing es- 
tablishment for a longer period than sixty hours in one week. 

5. No boy under fourteen years of age shall be employed more 
than eight hours per day. 

6. No girl under sixteen years of age shall be employed in any 
form of street trades. 

7. No girl under fourteen years of age shall be employed in any 
of the places enumerated in the law. 

8. Girls and boys between fourteen and sixteen years of age are 
required to secure an age certificate for legal employment in the 
places enumerated in the law. 

9. Boys between twelve and fourteen years of age are required 
to secure an employment certificate to be employed in the enumer- 



164 State Departments, Boards, and Commissions 

ated occupations not prohibited, during the hours the public school 
is not in session and on Saturdays. 

10. A temporary certificate waiving physical examination and 
school record is required of children under sixteen years of age to 
secure temporary employment not to exceed thirty days. 

11. A badge is required for children under sixteen years of age 
to engage in any form of street trades. 

12. The employer is required to make out an application for the 
employment of a child, stating the kind of business and nature of 
work. 

13. The parents must sign their approval of the employment in 
making a statement of the age and birthdate of the child. 

14. A bona fide contemporary record of age is required of all 
children entering employment under sixteen years of age. 

15. A physical examination is required of all children entering 
employment under sixteen years of age. 

16. A school record is required showing the grade completed, 
vocational training, and teacher's observation of the mental, phys- 
ical and moral condition of all children entering employment. 

17. A personal knowledge is required of the physical condition 
of each place employing childi-en under sixteen years of age. 

18. Reasonable physical standards have been prepared for de- 
termining the entry of children into employment. 

19. The prohibition of children from entering places, where 
dangerous machinery hazards are present, has resulted in the 
preparation of a tentative draft of safety standards. 

20. Investigation is required of the moral surroundings that 
may effect children in employment. 



THE BUDGET BUREAU 

Ch. 89, P. L. 1925. 

Composition — Governor, Director of the Budget ex officio; Advis- 
ory Budget Commission composed of the chairman of the Appro- 
priation and Finance committees of the House and the Senate and 



The Budget Bureau 165 

two other persons appointed by the Governor for a term not 
specified. 

Personnel — Appointed members: R. S. McCoin, Henderson; A. 
M. Dixon, Gastonia. 

Term— Not specified. 

Compensation— $10 per diem and expenses. 

Function 

The purpose of Chapter 89, Public Laws of 1925, in creating the 
Budget Bureau, was to vest in the Governor of the State a more 
direct and effective supervision over all agencies and institutions, 
and for the efficient and economical administration of all such 
agencies and institutions, and for the initiation and preparation 
for each session of the General Assembly, of a balanced budget of 
the State's revenues and expenditures. To this end, the Governor 
is ex officio Director of the Budget, and is the head of the Budget 
Bureau, which is created and established in connection with his 
office. 

The Director of the Budget has power to have examined the 
books and accounts of any of the departments and institutions, and 
to compel the production of all books, papers or other documents; 
to supervise generally the accounting and auditing systems now in 
force, and to inaugurate such changes as may be necessary to ex- 
hibit correct information; to examine any State institution or 
agency, to inspect its property and to inquire into its methods of 
operation and management. 

He is also empowered to make such surveys, studies and exam- 
inations of departments, institutions and agencies of the State, as 
well as its problems, so as to determine whether there may be any 
overlapping in the performance of the duties of the several depart- 
ments, institutions and agencies. 

He is authorized to secure such help, expert accountants, drafts- 
men, and clerical help, as may be necessary to carry out the duties 
under the act. Under this authority the Budget Bureau is organ- 
ized into a Staff Control to supervise and direct the various activ- 
ities of the State Government and the expenditures made out of 
the appropriations. 



1GG State Departments, Boards, and Commissions 

He is charged with the duty of examining or causing to be ex- 
amined, annually at the close of the fiscal year, the accounts of the 
State Treasurer and of the State Auditor. 

He is charged with the duty of recommending to the General 
Assembly at each biennial session, such changes in the organiza- 
tion, management and general conduct of the various departments, 
institutions and other agencies of the State as in his judgment will 
promote the more efficient and economical operation and manage- 
ment thereof. 

The Advisory Budget Commission, created by the same act, is 
made up of the Chairmen of the Appropriation and Finance Com- 
mittees of the Senate and of the House, and two other persons to 
be appointed by the Governor. It meets in January and July of 
each year and at such other times as the public interest may re- 
quire, at the call of the Director. 

The enactments establishing the Executive Budget System and 
creating the Budget Bureau, provide that no money shall be ap- 
propriated except in the manner as set forth, and that no money 
shall be disbursed from the State Treasury except as therein pro- 
vided, the general purpose of the enactments being to systematize 
and to pursue in an orderly manner the fiscal operations of the' 
State; to present a comprehensive program of the resources and 
proposed expenditures to the General Assembly, as a basis for the 
appropriations to be made; to enforce thereafter the legislative 
will in carrying out the program so adopted; and finally, to account 
to the General Assembly for the performance under the author- 
izations made. 

Forty-seven states of the Union have adopted some form of a 
budget. Thirty-one have adopted the Executive Budget, with or 
without staff control — four of the thirty-one under constitutional 
amendment, the others under statutory enactment. Ten states 
have an Administrative Board Budget, two of which are under 
constitutional amendment, and eight under statutory enactment; 
five states have an Administrative Legislative Board Budget, all 
of which are under statutory enactment; and one state has a Legis- 
lative Budget under statutory enactment. The North Carolina 
Budget is on the Executive Budget plan, and is the most complete 
and comprehensive of any so far adopted by any of the states; its 



North Carolina Historical Commission 1(57 

provisions and methods of carrying into execution have been sought 
as patterns for legislation and proposed legislation by many other 
states of the Union. 



NORTH CAROLINA HISTORICAL COMMISSION 

Ch. 102, C. S. 

A. R. Newsome, Secretary, Raleigh. 

The North Carolina Historical Commission was created by an 
act of the Legistature of 1903. It consists of five members ap- 
pointed by the Governor for terms of six years. They receive no 
salary or per diem, but are allowed their actual expenses when at- 
tending to their official duties. 

The offices of the Commission are in the State Administration 
Building, a fireproof structure erected under an act of the General 
Assembly in 1911. 

The duties of the Commission are as follows: 

1. To have collected historical data pertaining to the history of 
North Carolina and the territory included therein from the earliest 
times. 

2. To have such material properly edited, published by the 
State Printer as other State printing, and distributed under the di- 
rection of the Commission. 

3. To care for the proper marking and preservation of battle- 
fields, houses, and other places celebrated in the history of the 
State. 

4. To diffuse knowledge in reference to the history and re- 
sources of North Carolina. 

5. To encourage the study of the history of North Carolina in 
the schools of the State, and to stimulate and encourage historical 
investigation and research among the people of the State. 

6. To make a biennial report of its receipts and disbursements, 
its work and needs, to the Governor, to be by him transmitted to 
the General Assembly. 



168 State Departments, Boards, and Commissions 

The powers of the Commission are as follows: 

1. To adopt a seal for use in official business. 

2. To adopt rules for its own government not inconsistent with 
the provisions of the law. 

3. To fix a reasonable price for its publications and to devote 
the revenue arising from such sales to extending the work of the 
Commission. 

4. To employ a secretary. 

5. To control the expenditures of such funds as may be appro- 
priated for its maintenance. 

general summary 

Following is a general summary of the work of the Historical 
Commission : 

1. The Commission has saved from destruction, classified and 
filed many thousands of letters and other documents of the Execu- 
tive and Legislative Departments from colonial times to the 
present. 

2. It has collected from the counties of the State and preserved 
from destruction approximately 700 volumes and a half million 
documents and arranged them for use. 

3. It has made an extensive collection, numbering more than 
100,000 pieces of material bearing on North Carolina's part in the 
World War. 

4. It has secured for the State the following collections : 

Ashe, Samuel A'Court. 

Badger, George Edmund, statesman, 1822-1858. 

Bennehan, Richard, merchant, 1771-1790. 

Bolles, Charles P., engineer, 1846-1855. 

Bond, Tillie, MSS., 1690-1828. 

Bragg, Braxton, 1864-1870. 

Branch, John, statesman, 1819-1833. 

Branch, L. O'B., soldier, 1861-1862. 

Brevard family, 1757-1869. 



North Carolina Historical Commission lt>9 

Brooks, A. L., 1750-1875. 
Bryan, John PL, statesman, 1773-1906. 
Burgwyn, W. H. S., soldier, banker, 1861-1912. 
.Burton, Robert, attorney, 1772-1785. 
Cantwell, John L., soldier, 1855-1896. 
Caswell, Richard, soldier, statesman, 1777-1789. 
Caswell, William, soldier, 1781-1784. 
Clark plantation, 1825-1861. 
Clark, David, soldier, 1861-1863. 
Clark, Walter, 1783-1913. 
Cogdell, Richard, soldier, 1761-1784. 
Collier, George W., soldier, 1861-1865. 
Convention, 1788; 1789. 
Council journals, 1745-1775. 
County records dating from 1724. 
Dartmouth papers, 1720-1783. 
Davie, William R., soldier, statesman, 1778-1817. 
Dickson papers, 1784-1790. 
Dobbin, James C, statesman, 1816-1857. 
Duffy, William, attorney, 1785-1809. 
English Records — American Loyalists. 
Fanning-McCulloh papers, 1762-1806. 
Gaston, William, statesman, 1803-1842. 
Gilmer, John A., statesman, 1860-1861. 
Governor's papers, 1735-1925. 
Grimes, Bryan, soldier, planter, 1844-1912. 
Hale, E. J., editor, 1850-1867. 
Hamlin, Wood John, 1762-1835. 
Hawks, F. L., historian, 1850. 
Henderson, Thomas, statesman, 1810-1811. 
Hogg, Thomas D., papers. 
Hoke, Robert F., papers. 
Howe, Robert, soldier, 1777-1780. 



170 State Departments, Boards, and Commissions 

Iredell, James, judge, 1770-1790. 

Johnston, Samuel, statesman, 1763-1803. 

King, R. H., minister, 1767-1825. 

Lacy, Drury, letters. 

Legislative papers, 1729-1900. 

Lombardy Grove accounts, 1806. 

McDowell, Charles, soldier, 1782. 

Maclaine, Archibald, statesman, 1783-1790. 

Macon, Nathaniel, statesman, 1804-1837. 

Merrimon, A. S., judge, 1853-1854. 

Miller, R. J., minister, 1799-1831. 

Miscellaneous, 4 vols., 1755-1912. 

Murphey, Archibald DeBow, statesman, 1797-1830. 

Muster rolls, 1861-1865. 

Nash, Frederic, judge, 1764-1863. 

Oath books of governors, commons, conventions, 1816-1875. 

Olds, Fred A. 

Pettigrew papers. Plantation records, 1772-1900. 

Pollock, Thomas, statesman, 1708-1761. 

Reid, D. S., statesman, 1803-1880. 

Revolutionary Army accounts, 1776-1777. 

Revolutionary committees of safety, 1774-1776. 

Saunders, W. L., statesman, historian, 1866-1888. 

Shaw papers, economic, 1735-1883. 

Shipping records, 1725-1751. 

Spanish records, 1566 — . 

Spencer, Cornelia Phillips, author, 1859-1903. 

Spottswood, Alexander, colonial governor, 1710-1712. 

Steele, John, statesman, 1777-1831. 

Sumner, Jethro, soldier, 1760-1783. 

Swepson, Geo. W., papers, 1866-1870. 

Vance, Zebulon B., governor and U. S. Senator, 1827-1895. 

Waddell family papers, 1771-1886. 



North Carolina Historical Commission 171 

Whitford, John D., papers. 

Wiley, Calvin H., educator, 1835-1902. 

Williams, John, statesman, 1772-1784. 

Williamson, Hugh, historian, 1780-1790. 

Winslow family papers. 

Newspapers, North Carolina, 1751-1800. 

Stevens facsimiles. MSS. in European archives. 1773-1783. 

5. It has issued the following publications: Public Education 
in North Carolina, 1790-1840: A Documentary History, 2 vols.; 
North Carolina Schools and Academies, 1790-1840: A Documen- 
tary History; The Correspondence of Jonathan Worth, 2 vols.; 
The Papers of Archibald D. Murphey, 2 vols.; The Papers of 
Thomas Ruffin, vols. I, II, III and IV; Literary and Historical Ac- 
tivities in North Carolina, 1900-1905; Von Graffenreid's Account 
of the Founding of New Bern; Records of the Moravians in North 
Carolina, Vols. I, II and III; The Papers of John Steele, 2 vols.; 
Calendars of Manuscript Collections, Vol. I; Some Eighteenth Cen- 
tury Tracts Concerning North Carolina; North Carolina Manual, 
1909, 1911, 1913, 1915, 1917, 1919, 1921, 1923, 1925 and 1927; 
thirty- four bulletins; and since 1924, The North Carolina Histor- 
ical Review, a quarterly magazine devoted to North Carolina his- 
tory. In addition, the Historical Commission has been instrumental 
in securing the publication of The Public Letters and Papers of 
Thomas Walter Bickett, Governor of North Carolina, 1917-1921; 
Public Papers and Letters of Cameron Mor?Hson, Governor of 
North Carolina, 1921-1925, and A History of North Carolina in the 
War Between the States, Vols. I and II, Bethel to Sharpsburg, 2 
vols., by Daniel Harvey Hill. 

6. It recovered for the State, through the gift of the Italian 
Government, Canova's famous statue of Washington. 

7. It has erected in the rotunda of the Capitol a marble bust 
of William A. Graham; and obtained, without cost to the State, 
similar busts of Matt W. Ransom, Samuel Johnston, John M. 
Morehead, Calvin H. Wiley, and W. S. Ashe. It has also cooper- 
ated with local organizations in erecting markers to many men and 
events in the history of the State, 



172 State Departments, Boards, and Commissions 

8. The Commission maintains in its Hall of History one of the 
most extensive historical museums in America. It contains about 
16,000 objects, illustrative of every period of the history of North 
Carolina from the earliest colonial times to the present. 

9. It has assisted a large number of students in their investi- 
gations of North Carolina history, given information about the 
history of the State whenever it was possible, and has encouraged 
in many ways the study of our history in the schools of the State. 

10. It has secured the appointment of County Historians in 
more than two-thirds of the counties of the State. 

THE LEGISLATIVE REFERENCE LIBRARY 

In addition to its other duties the Historical Commission main- 
tains the Legislative Reference Library. The Legislative Refer- 
ence Library is not a new institution. For 25 years such depart- 
ments in other states have been rendering valuable service. They 
have been provided for in thirty states, and in more than fifty 
cities in the United States. Recently there has been established 
a Legislative Reference Bureau in the Congressional Library which 
is rendering similar aid to the National Government. 

For ten years progressive citizens urged the establishment of 
such a department in North Carolina. In response to that demand 
the Legislature of 1915, by a unanimous vote in the Senate and 
House of Representatives, passed a bill entitled "An act to estab- 
lish a Legislative Reference Library," under the supervision of the 
North Carolina Historical Commission. 

Among the duties of the Librarian set forth in this act are the 
following: "To collect, tabulate, annotate and digest information 
for the use of the members and committees of the General Assem- 
bly, and the officials of the State, and of the various counties and 
cities included therein, upon all questions of State, county and 
municipal legislation." 

As indicated by the caption as well as the subject-matter of the 
act, this Department is created primarily for the benefit of the 
members and committees of the General Assembly. 

These representatives of the people serve practically without 
compensation and in most cases make considerable personal sacri- 



North Carolina Historical Commission 173 

fice in order to be of service to the State. During the short ses- 
sions of the General Assembly they do not have time to study and 
thus secure for themselves information about the hundreds of 
measures they are called upon to consider. Heretofore there has 
been no agency to collect and classify the sort of information 
needed by the busy legislator. 

To fill this want is the particular field of service of the Legisla- 
tive Reference Library. For that purpose more than ten thousand 
books, laws, pamphlets, and clippings have been gathered and 
classified so that they are instantly available for use by interested 
persons. Additional material is received daily, and an attempt is 
made to procure as full information as is obtainable about all 
legislation in other states and countries. 

Information relating to the following subjects, which are taken 
i'rom a list of more than fifteen hundred headings, will serve to 
illustrate the scope of service which is rendered: Agriculture, 
Appropriations, Automobiles, Banks, Bill Drafting, Budgets, Cam- 
paign Expenses, Capital Punishment, Charities, Child Labor, Civil 
Service, Constitutions, Contracts, Convicts, Cooperative Buying 
and Marketing, Corporations, Courts, Credit, Crime and Criminals, 
Democratic Party, Drainage, Education, Elections, Employment, 
Factories, Farm Problems, Finance, Fires, Fish and Game, Food, 
Forests, Freight Rates, Health, Immigration, Initiative and Refer- 
endum, Insane, Insurance, Judges, Juries, Labor, Lawyers, Liens, 
Legislation, Loans, Manufacturers, Marriage and Divorce, Medi- 
cine, Militia, Municipalities, Negroes, Newspapers, Pardons, 
Parole, Passenger Rates, Pensions, Pharmacy, Platforms, 
Primaries, Prisons, Procedure, Prohibition, Public-Service Corpor- 
ations, Railroads, Republican Party, Roads, Rural Credits, Schools, 
State Government, Statutes, Strikes, Taxation, Trusts, Universities 
and Colleges, Vital Statistics, Vocational Education, Wages, 
Woman Suffrage, Women, Workmen's Compensation. 

The province of the Legislative Reference Library is not to pro- 
mote legislation, but to furnish data and information so that the 
best and most widely approved laws may be enacted. 

With the cooperation and assistance of the persons for whose 
benefit the Legislative Reference Library was created, it hopes to 
achieve the same measure of success that similar agencies have had 
in other states, 



174 State Departments, Boards, and Commissions 

The first Legislative Reference Librarian was W. S. Wilson, 
1915-1918. Henry M. London has held this position since 1919. 

MEMBERS OP THE HISTORICAL COMMISSION 

W. J. Peele 1903-1919 

J. D. Hufman 1903-1905 

F. A. Sondley 1903-1905 

Richard Dillard 1903-1905 

R. D. W. Connor 1903-1907 

Charles L. Raper 1905-1907 

Thomas W. Blount.* 1905-1911 

J. Bryan Grimes 1905-1923 

M. C. S. Noble 1907- 

D. H. Hill - - 1907-1922 

Thomas M. Pittman 1911- 

Frank Wood 1919-1926 

Heriot Clarkson " 1922- 

W. N. Everett - 1923-1928 

Ben Dixon MacNeill 1926- 

Mrs. Thomas O'Berry 1928- 

secretaries 

R. D. W. Connor 1903-1921 

D. H. Hill 1921-1924 

R. B. House 1924-1926 

A. R. Newsome 1926- 



LIBRARY COMMISSION OF NORTH CAROLINA 

Art. 4, Ch. 109, C S. 

Mrs. Lillian B. Griggs, Secretary and Director, Raleigh. 

Composition (5) — Superintendent of Public Instruction ex 
officio; State Librarian ex officio; two members appointed by 
North Carolina Library Association; one member by Governor, 



Library Commission op North Carolina 175 

Personnel — Carrie L. Broughton, Chairman, Raleigh; Mrs. 
Nancy P. Leake, Vice Chairman, Rockingham; A. T. Allen, 
Raleigh; Alfred M. Scales, Greensboro; E. W. Knight, Chapel Hill. 

Term — Three years, overlapping terms. 

Compensation — Traveling expenses only. 

Function 

To give advice and assistance to all libraries of the State and to 
all communties proposing to establish libraries, as to the best 
means of establishing and administering such libraries in the selec- 
tion of books, cataloging, maintenance, etc.; to aid in organizing 
new libraries; to establish and maintain traveling libraries as may 
be practicable; to receive reports annually from every public 
library in the State in such form as may be prescribed by the com- 
mission; to employ a secretary trained in library methods, and fix 
compensation. 

Reports. To report biennially to Governor. 

Important Activities: 

1. Establishment of Public Libraries. 

2. Reorganization of old libraries. 

3. Compilation of library statistics, based on annual reports 
received. 

4. Publication of bulletin (20-page quarterly magazine). 

5. Maintenance of system of traveling libraries for com- 
munities and schools. 

6. Package libraries. 

7. General Loan Collection — Miscellaneous, all subjects to indi- 
viduals. 

The Library Commission of North Carolina was created by the 
General Assembly of 1909, and active work was begun September 
15th of the same year. The Commission consists of five members, 
two of whom are appointed by the North Carolina Library Associa- 
tion and one by the Governor; the State Librarian and the Super- 
intendent of Public Instruction complete the membership. 

The purpose of the Commission, as expressed in the law, is to 
"give assistance, advice, and counsel to all libx*aries in the State, to 



176 State Departments, Boards, and Commissions 

all communities which may propose to establish libraries, and to all 
persons interested, as to the best means of establishing and admin- 
istering such libraries, as to the selection of books, cataloging, 
maintenance and other details of library management as may be 
practicable." 

The following ai*e the important lines of activity. 

1. Establishment of Public Libraries. The Commission endeav- 
ors to secure the establishment of public libraries in localities able 
to support them, and gives advice and assistance in arousing pub- 
lic interest. After prelimanry correspondence, communities pro- 
posing to establish libraries are visited by the Secretary or field 
organizer, and the practical details of organization explained. In 
many instances she classifies the books, starts the accession record 
and shelf-list, installs a proper charging system, and teaches the 
librarian how to keep the necessary records. The service is ren- 
dered without cost to the library. 

County Libraries — The Commission sponsors the County Library 
idea — the idea of extending the privileges of the library to the 
rural residents of the county. One good library in each county, 
preferably at the county seat, serving equally the urban and rural 
residents, is a goal particularly desired for the library service of 
the State. The following fourteen counties have provided to some 
extent library privileges for their rural residents: 

Buncombe Mecklenburg 

Burke New Hanover 

Chowan Rowan 

Davidson Stanly 

Durham Vance 

Forsyth Wake 

Guilford Warren 

2. Reorganization of Old Libraries. The Secretary or field 
organizer visits libraries already established to confer with the 
Librarian and Library Board regarding methods of work and 
plans for further development. While much information and ad- 
vice may be given by letters and circulars, personal visits are 
much more effective, as they invariably give new impulse to the 
local work and enable the Secretary to become familiar with li- 
brary conditions in all parts of the State. 



Library Commission op North Carolina 177 

3. Library Statistics. Every public library in the State, in- 
cluding free public libraries, subscription libraries, school, college 
and university libraries, Young Men's Christian Association, legal 
association, medical association, Supreme Court and State libraries, 
is required by law to make an annual report to the Commission. 
From the data thus secured the Commission compiles an annual re- 
port of library conditions in North Carolina. 

Library Statistics — There are 278,260 volumes in the tax- 
supported public libraries of the State and $179,671 is appropri- 
ated for their maintenance. With the population of the State at 
two and one-half million and the recognized standard at one 
dollar per capita for library service, it will readily be seen.that the 
State is not in the front rank of those having adequate library 
facilities. 

4. The North Carolina Library Bulletin. This is a magazine of 
20 pages, published quarterly. It is sent free to every library in 
the State, and, upon application, to library trustees and to others 
interested in library extension. The first issue appeared in De- 
cember, 1909. Each number contains important library articles, 
book lists, editorial notes, and general library news. It is intended 
to serve as a means of communication with each and every library, 
to bring the libraries into closer relation with one another, and, 
in general, to increase the interest in libraries throughout the 
State, and to improve the quality of their service to the public. 

5. Traveling Libraries. For the benefit of communities without 
library facilities the Library Commission maintains a system of 
free traveling libraries. A library contains from thirty-five to 
forty volumes. The rules governing the loan of libraries are as 
few and simple as possible. Borrowers agree to pay the freight 
both from and to Raleigh, to take good care of the books and to 
return them promptly, to make good any loss or damage beyond 
reasonable wear and tear, and to lend the books without charge to 
all responsible persons in the community. 

Traveling libraries containing only children's books have been 
prepared especially for the use of schools. 

Special collections are loaned to teachers of agriculture and 
home economics for the school year. 

The Commission loaned 491,315 volumes, 1926-28. 



178 State Departments, Boards, and Commissions 

6. Package Libraries. Package libraries are of two kinds: 
The Debate libraries, and the Study Club libraries. The Debate 
libraries are carefully prepared collections on the political, social, 
and economic questions which are being debated by schools and 
societies throughout the State. They are not lent to individuals, 
but to schools and debating societies, and on condition that all 
taking part in the debate have the use of the material. Study club 
libraries are prepared for clubs pursuing a definite course of study. 

7. The General Loan Collection. This is a miscellaneous collec- 
tion of books and pamphlets on all subjects and it enables the com- 
mission to send books to individuals and to supplement the various 
fixed collections so that they will meet the needs of the borrower. 
The books from this section are lent for three weeks, and the bor- 
rower pays the postage both from and to Raleigh. 

8. Distribution of Library Literature. In addition to the North 
Carolina Library Bulletin, the following publications have been is- 
sued and distributed by the Commission : 

List of Publications 

Biennial reports, 1909-26 (4th o. p.). 

North Carolina Library Bulletin, December, 1909, to date (Vol. 
1, No. 5, o. p.). 

Select bibliography of North Carolina, by Stephen B. Weeks. 

Free traveling libraries (Leaflet No. 4, rev.). 

Traveling libraries: Rules for circulation (Leaflet No. 7). 

Material for study clubs (Leaflet No. 13). 

Free debate library (Leaflet No. 14). 

Forty books for a rural school. 

Clubwomen and libraries. 

Graded list of children's books (Leaflet No. 15). 

Free book service (Leaflet No. 16). 

Books for Homemakers and Mothers (Leaflet No. 17). 

Physical equipment for school libraries. 

What books not to buy. 

Other library literature, including tracts of the American 
Library Association, book lists, building plans, etc., is sent out as 
required. 



State Library 179 

9. School Libraries. The development of school libraries is a 
special feature of the work. A close connection has been estab- 
lished with the schools by giving advice on the care and use of 
school libraries, assistance in starting the necessary records, and 
help in the selection and purchase of books. 



STATE LIBRARY 

Art. 1, Ch. 109, C. S.; Ch. 202, P. L. 1921 

Carrie L. Broughton, State Librarian, Raleigh. 

Trustees — Governor, ex officio; Superintendent of Public Instruc- 
tion, ex officio; Secretary of State, ex officio. 

Function 

To maintain the State and document libraries, the document 
library to be kept open during the sessions of the general assembly; 
to keep two copies each of the laws and journals of the general as- 
sembly; to report biennially to the general assembly. 

The object of the library administration is to make the library 
more and more useful to its patrons and particularly to State 
officials and departments of the State government. We are pleased 
to note that this is being accomplished through the greater use 
that is continually being made of the information which is to be 
found on the shelves of the library. 

The labor of getting from and returning to the shelves books 
called for is but a small part of the work. The real labor comes in 
selecting, securing, preparing, cataloging and maintaining these 
volumes. 

Over five thousand State papers have been classified according to 
town, dates, and missing numbers. This work is constantly being 
kept up to date. There is also a printed bibliography of all news- 
papers in the library. The newspapers are one of the most valu- 
able features of the library. 

The library is of great service in reference work, club work and 
in giving information over the phone and through the mails, 



180 State Departments, Boards, and Commissions 

The library is used extensively for genealogical work. The in- 
terest in personal and family history has grown so rapidly that the 
library is endeavoring to specialize in this department. It now 
has one of the best genealogical collections in the South and to it 
resort daily people from all over the country diligently searching 
for family records and military data. A printed bibliography of 
all genealogical material in the library arranged according to 
country, state, family and military histories, rosters, wills, land 
grants, etc., has just been published. 

Special emphasis has been laid upon books relating to the War 
between the States. The collection is large and has been selected 
with much care. It is especially strong on regimental histories, 
newspaper files, magazines, maps and photographic scenes. 

All books written by North Carolinians and about North Caro- 
lina are preserved. 

Number of volumes in general library 42,500 

Number of volumes in government documents 7,794 

Number of volumes in bound newspapers 5,237 

Number of volumes in government magazines 5,140 

Total 60,671 



LAW LIBRARY 

Art. 2, Ch. 109, C. S. 

Marshall DeLancey Haywood, Librarian. 
Trustees — Justices of the Supreme Court, ex officio. 

Function 

To maintain the Law Library and prescribe rules for its govern- 
ment. All moneys appropriated for its increase are paid out under 
their direction and supervision. May appoint a librarian who shall 
perform his duties under rules and regulations of trustees. 

The Clerk of the Supreme Court, under direction of the trustees, 
is directed to spend annually the amounts paid in by applicants for 



Printing Commission 181 

license to practice law, examined by the Court, in the purchase of 
such books as may be necessary to keep the library well appointed 
and no other appropriation for that purpose is allowed. He is also 
allowed $200 annually for binding old books and for other con- 
tingent purposes. 

Historical Note 

Created by act of the General Assembly of 1883. 



PRINTING COMMISSION 

Art. 1, Ch. 120, C. S. ; Chs. 134, 247, P. L. 1925. 

Composition (7) — Governor, Council of State, Commissioner of 
Labor and Printing, Attorney-General, ex officio members. 

Function 

To contract for all printing and binding done for the State de- 
fined as "public printing," which is construed to mean all print- 
ing done directly for the State and paid for out of the General 
Fund, and included in all annual or biennial reports required 
under the law, all blanks and blank books and office sationery re- 
quired and no more. 

The Commissioner of Labor and Printing is directed to superin- 
tend letting of contracts, and the person with whom such contract 
is made is designated as the public printer who shall give bond for 
$5,000. The Commission regulates the size of books and publica- 
tions, general style of publication, style of type and paper to be 
used; determines what details of Department activties shall be 
included in Department reports, and also determines the number 
of laws and resolutions to be printed. The Commissioner of Labor 
and Printing purchases for the use of the State the paper and sta- 
tionery used for public printing. 

Historical Note 

Created by act of the General Assembly of 1919, 



1S2 State Departments, Boards, and Commissions 
SALARY AND WAGE COMMISSION 

Ch. 125, P. L. 1925. 

Edwin B. Bridges, Executive Secretary, Raleigh. 

Composition — Five members. 

Personnel — Julian Price, Chairman, Greensboro; Ernest V. 
Webb, Kinston; R. N. Page, Aberdeen; P. H. Hanes, Jr., Winston- 
Salem; Frank Tate, Morganton. 

Appointment — By the Governor. Executive Secretary and cler- 
ical force to be appointed by the Commission and paid at its dis- 
cretion. 

Term — At the will of the Governor. 

Compensation — $5 per day and expenses. 

Function 

To adopt necessary rules and regulations for carrying out the 
provisions of the law. To report to the Governor as to salaries, 
working hours and conditions of employment within the state serv- 
ice and upon his approval the report becomes the standard for 
salaries and wages of state employees; to reassemble at the dis- 
cretion of the Governor to reconsider and readjust the salary classi- 
fication and schedule, subject to the approval of the Governor. 

Historical Note 

Created by act of the General Assembly of North Carolina of 
1925. 



JUDICIAL CONFERENCE 

Ch. 244, P. L. 1925; Chs. 25, 39, P. L. 1927. 

Composition— Forty-six members: Judges of the Supreme and 
Superior Courts and the Attorney-General, ex officio; one practic- 
ing attorney from each judicial district. 

Personnel — The attorneys: J. C. B. Ehringhaus, Elizabeth City; 
R. C. Dunn, Enfield; G, K, Freeman, Goldsboro; J. B, James, 



Commissioner op Pardons 183 

Greenville; G. V. Cowper, Kinston; J. C. Biggs, Raleigh; J. O. 
Carr, Wilmington; J. B. Clark, Fayetteville ; B. S. Womble, Wins- 
ton-Salem; H. F. Seawell, Carthage; C. W. Tillett, Jr., Charlotte; 
C. R. Hoey, Shelby; J. J. Hayes, North Wilkesboro; J. S. Ferguson, 
Waynesville; D. E. Hudgins, Marion; J. G. Merrimon, Asheville; 
A. L. Brooks, Greensboro; Oliver G. Rand, Wilson; Samuel M. 
Gattis, Sr., Hillsboro; Jno. L. Rendleman, Sr., Salisbury. 
Appointment — By Governor. 

Compensation — Expenses not execeeding $250 per year allowed 
the Conference for clerical help; actual traveling expenses and 
subsistence while in attendance upon meetings. 

Function 

To report annually to the Governor the work of the various parts 
of the judicial system, with recommendations of reforms in the 
system and in the practice and procedure of the courts; to submit 
suggestions relating to rules of practice and procedure for the 
consideration of the judges of the various courts. 

The Chief Justice and the Clerk of the Supreme Court are, 
respectively, president and secretary of the Conference. One 
meeting yearly at a time and place to be fixed by the President is 
required, at which a quorum is to consist of two justices of the 
Supreme Court, six judges of the Superior Court, and six attor- 
neys. The Conference may hold public meetings and has power to 
administer oaths and to require the attendance of witnesses and 
the production of books and papers. 

Historical Note 

Created by act of the General Assembly of 1925. 



COMMISSIONER OF PARDONS 

Ch. 29, P. L. 1925. 

Edwin B. Bridges, Commissioner of Pardons, Raleigh. 

Appointment — By the Governor. 
Term — At the will of the Governor. 



184 State Departments, Boards, and Commissions 

Salary — Maximum of $4,000; maximum of $500 per year for 
traveling expenses. 

Function 

To assist the Governor in connection with all applications for 
executive clemency; to perform any other duties assigned by the 
Governor; to perform his duties under rules and regulations to 
be prescribed by the Governor; to be assisted by a stenographer 
at a maximum salary of $150 per month. 

Historical Note 

Created by an act of the General Assembly of 1925. 



EDUCATIONAL COMMISSION 

Ch. 203, P. L. 1925; Ch. 184, P. L. 1927. 

Composition — Twelve members. 

Personnel — J. Y. Joyner, Executive Secretary, Raleigh; Mrs. E. 
L. McKee, Sylva; J. K. Norfteet, Winston-Salem; Mrs. J. A. Brown, 
Chadbourn; C. E. Teague, Sanford; Mrs. J. G. Fearing, Elizabeth 
City; T. W. Andrews, High Point; S. C. Lattimore, Shelby; E. W. 
Pharr, Charlotte; Stanley Winborne, Murfreesboro; Nathan 
O'Berry, Goldsboro. 

Appointment — By Governor. 

Compensation — Expenses, not exceeding $6 per day. 

Function 

To make a complete survey of the systems of common school and 
higher education in the State; to investigate the State equalizing 
fund and its administration in the counties; to investigate the 
method of determining the cost of the various phases of the opera- 
tion of the State educational system; to collect and disseminate 
educational data on the costs and results of the State's educa- 
tional activities; to perform any other duty which seems proper 
in reference to the relation of the public to the present educational 
system. 



State Board op Squalization 185 

The General Assembly of 1927 provided for the termination of 
the Educational Commission on June 30, 1927, at which time it 
should make a final report to the Governor and turn over all 
records and data to the Tax Commission, created by the General 
Assembly of 1927. 

The commission elects its own officers — a chairman and a 
secretary. 

Historical Note 

Created by act of the General Assembly of 1925. 



STATE BOARD OF EQUALIZATION 

Ch. 256, P. L. 1927. 

LeRoy Martin, Executive Secretary, Raleigh. 

Composition — (11) Eleven members, one of whom shall be the 
presiding officer of the Senate and one from each Congressional 
district. 

Appointment — By Governor, with consent of Senate. 

Personnel — P. H. Johnson, Pantego; B. B. Williams, Warrenton; 

A. McL. Graham, Clinton; F. P. Spruill, Rocky Mount; Jno. H. 
Folger, Mount Airy; O. L. Clark, Clarkton; L. M. Blue, Gibson; 

B. B. Dougherty, Boone; A. E. Woltz, Gastonia; Elizabeth Kelley, 
Franklinton. 

Term — Four years. 

Compensation — $10 per day and expenses while on duty. 

Function 

To appoint an executive secretary and necessary assistants; to 
collect and organize data dealing with the value of property in 
the counties; to determine the true value of all property subject 
to taxation in each county, which value shall be the basis upon 
which taxes for the six months' school term shall be levied and 
collected and the basis upon which the equalizing fund shall be 
apportioned; to certify the total value of taxable property in each 



180 State Departments, Boards, and Commissions 

county to the Commissioner of Revenue, State Superintendent of 
Public Instruction, State Auditor, and to the boards of county com- 
missioners and education not later than June 1 of each year; to 
make rules for its meetings; to conduct hearings, with power of 
compelling the attendance of persons and the production of papers. 
To determine the cost of maintaining the six months' school term 
in each county, to which shall be due from the equalizing fund the 
amount by which the necessary cost of the six month's term as cal- 
culated exceeds the amount produced by the levy of forty cents 
on the valuation of said county as determined by the State Board 
of Equalization; to distribute the equalizing fund to the counties. 

The equalization fund for each year of the biennium, 1927-29, 
is $3,250,000. 



TABLE SHOWING DISTRIBUTION OF THE STATE 
EQUALIZING FUND FOR 1928 



County 



Alamance 

Alexander 

Alleghany 

Anson 

Ashe 

Avery 

Beaufort 

Bertie _ 

Bladen 

Brunswick 

Buncombe 

Burke 

Cabarrus 

Caldwell 

Camden 

Carteret 

Caswell 

Catawba 

Chatham 

Cherokee 

Chowan 

Clay 

Cleveland 

Columbus 

Craven 

Cumberland 



Determined 
Valuation 



38,035 

9,973 

5,193 
24 , 502 
13,551 

6,871 
32,222 
17,360 
13,369 

9,934 

172,987 

23,011 

45,697 

23 , 700 

4,286 
14 , 225 

8,993 
48,029 
20,791 

9,038 
10,106 

2,022 
46,069 
23,300 
29,600 
33,313 



,787 
,401 
,131 
,339 
,352 
,243 
,248 
,000 
,088 
,804 
,845 
,286 
,747 
,000 
,836 
,366 
,968 
,978 
,661 
,250 
,264 
,297 
,314 
,687 
,570 
,793 



Budget Cost 
Based on 
Teachers' 

Salaries Plus 
15% 



203,668.50 

79,418.86 

37,409.52 

141,904.72 

113,159.24 

64,177.89 

165,969.41 

120,132.68 

97,419.35 

69,567.62 

467,410.84 

115,898.90 

170,888.24 

135,429.30 

29,239.44 

95,514.22 

63,610.27 

236,376.30 

115,979.20 

80,071.97 

51,629.55 

24,695.42 

232,012.72 

173,171.16 

131,891.23 

184,057.17 



I 



Yield of 

a 
40c Levy 



152,143.15 
39,893.60 
20,772.52 
98,009.35 
54,205.40 
27,484.97 

128,888.99 
69,440.00 
53,476.35 
39,739.21 

691,951.38 
92,045.14 

182,790.98 
94 , 800 . 00 
17,147.34 
56,901.46 
35,975.87 

192,119.92 

83,166.64 

36,153.00 

40,425.05 

8,089.18 

184,277.25 
93,202 74 

118,402.28 

133,255.17 



Equalizing 
Fund 



51,525.35 
39,525.26 
16,637.00 
43,895.37 
58,953.84 
36,692.92 
37,080.42 
50,692.68 
43,943.00 
29,828.41 



23,853.76 



40,629.30 
12,092.10 
38,612.76 
27,634.40 
44,256.38 
32,812.56 
43,918.97 
11,204.50 
16,606.24 
47,735.47 
79,968.42 
13,488.95 
50,802.00 



State Board of Equalization 



187 



table showing distribution of the state equalizing fund 

FOR 1928— Continued 



County 


Determined 
Valuation 


Budget Cost 
Based on 
Teachers' 

Salaries Plus 
15% 


Yield of 

a 
40c Levy 


Equalizing 
Fund 


Currituck 

Dare 


$ 5,380,421 

2,750,927 

42,453,509 

13,868,231 

29,481,292 

95,151,761 

39,972,298 

198,555,211 

16,481,323 

102,411,793 

7,734,174 

6,135,000 

25,034,418 

13,000,000 

192,823,410 

42,971,386 

31,230,315 

25,270,022 

27,516,419 

13,412,539 

10,414,627 

5,039,983 

47,550,165 

13,225,170 

60,711,080 

7,264,930 

15 , 150 , 304 

34,295,133 

17,592,037 

7,225,848 

13,476,837 

19,180,879 

22,998,006 

192,219,679 

10,906,190 

14,500,903 

26,775,909 

38,866,779 

64,588,848 

17,178,858 

12,235,382 

19,216,612 

5,277,031 

21,603,790 

11,351,573 

8,958,107 

14,425,904 

53,480,190 

8,860,065 

31,446,362 

34,779,515 

52,427,169 

50,296,970 

70,970,369 

41,803,627 


$ 39,412.62 

33,622.46 

234,846.68 

77,088.87 

180,536.32 

270,768.36 

179,017.53 

419,205.72 

127,892.58 

349,076.53 

57,060.93 

25,378.55 

123,971.76 

75,872.01 

556,036.36 

188,135.57 

192,836.12 

138,836.61 

132,150.81 

85,079.21 

52,336.87 

48,053.51 

224,583.73 

84,775.82 

316,970.08 

49,812.16 

83,942.19 

149,323.67 

111,029.86 

73,398.68 

105,425.51 

108,715.66 

103,752.10 

496,517.53 

59,268.22 

94,928.64 

133,772.60 

223,024.33 

165,524.94 

115,141.43 

84,055.27 

100 , 285 . 52 

54,408.71 

90,384.68 

83,127.54 

58,345.11 

90,568.18 

225,707.91 

66,335.45 

170,183.28 

162,247.30 

281,716.52 

242,822.30 

285,672.42 

213,856.62 


S 21,521.68 

11,003.70 

169,814.03 

55,472.92 

117,925.17 

380,607.04 

159,889.19 

794,220.84 

65,925.29 

409,647.17 

30,936.69 

24,540.00 

100,137.67 

52,000.00 

771,293.64 

171,885.54 

124,921.26 

101,080.08 

110,065.67 

53,650.15 

41,658.50 

20,159.93 

190,200.66 

52,900.68 

242,844.32 

29,059.72 

60,601.21 

137,180.53 

70,368.14 

28,908.39 

53,907.34 

76,523.51 

91,992.02 

768,878.71 

43,624.76 

58,003.61 

107,103.63 

155,467.11 

258,355.39 

68,715.43 

48,941.53 

76,866.44 

21,108.12 

86,415.16 

45,406.29 

35,832.42 

57,703.61 

213,920.76 

35,440.26 

125,785.44 

139,118.06 

209,708.67 

201,187.88 

283,881.47 

167,214.50 


$ 17,890.94 
22 618 76 


Davidson. . 
Davie 


65,032.65 
21 615 95 


Duplin __ 


62 611 15 


Durham. . 




Edgecombe 

Forsyth 


19,128.34 


Franklin 

Gaston 


61,967.29 


Gates 


26, 124 24 


Graham . .. 

Granville 

Greene — 

Guilford .. . 


838 . 55 
23,834.09 
23,872.01 


Halifax.. 

Harnett .. 

Haywood. 

Henderson. 

Hertford .. 

Hoke.. --- -__ 


16,250.03 
67,914.86 
37,756.53 
22,085.14 
31,429.06 
10,678 37 


Hyde-- 


27,893 58 


Iredell 


34,383.07 


Jackson- 

Johnston 


31,875.14 
74,125.76 
20,752.44 


Lee . 


23,340.98 




12,143.14 


Lincoln 

Macon 


40,661.72 
44,495.29 


Madison .. 

Martin. 

McDowell--. -- 
Mecklenburg 


51,518.17 
32,192.15 
11,760.08 


Mitchell- 

Montgomery 

Moore _ 


15,643.46 
36,925.03 
26,668.97 


Nash. 

New Hanover .. 


67,557.22 


Northampton 

Onslow 

Orange.. 

Pamlico 

Pasquotank 

Pender.- 


46,426.00 
35,113.74 
23,419.08 
33 , 300 . 59 
3,969.52 
37,721.25 


Perquimans 

Person . 


22,512.69 
32,864.57 


Pitt 


11,787.15 


Polk 


30,895.19 


Randolph 

Richmond- . .. 
Robeson.. 

Rockingham 

Rowan 


44,397.84 
23,129.24 
72,007.85 
41,634.42 
1,790.95 


Rutherford 


46,642.12 



INS State Departments, Boards, and Commissions 

TABLE SHOWING DISTRIBUTION OF THE STATE EQUALIZING FUND 

FOR 1928— Continued 



County 


Determined 
Valuation 


Budget Cost 
Based on 
Teachers' 

Salaries Plus 

15% 


Yield of 

a 
40c Levy 


Equalizing 
Fund 


Sampson 

Scotland 

Stanly . 


$ 28,402,018 
17,624,018 
32,700,162 
14,499,261 
33,449,001 
12,619,645 
10,415,213 

3,942,310 

33,705,011 

24,326,869 

106,562,576 

14,062,965 

8,889,257 
10,035,546 
54,338,208 
24,384,632 
52,060,813 
10,340,938 
10,433,546 


$ 195,939.74 

81,087.44 

159,958.40 

110,816.42 

190,891.66 

63,913.46 

58,804.63 

31,794.37 

223,761.95 

105,082.54 

411,244.29 

100,110.54 

54,824.92 

78,899.43 

230,570.07 

186,243.42 

190,886.74 

90,423.47 

79,965.76 


$ 113,608.07 
70,496.07 

130,800.64 
57,997.04 

133,796.00 
50,478.58 
41,660.85 
15,769.24 

134,820.04 
97,307.47 

426,250.30 
56,251.86 
35,557.02 
40,142.18 

217,352.83 
97,538.52 

208,243.25 
41,363.75 
41,734.18 


$ 82,331.67 
10,591.37 
29,157.76 




52,819.38 




57,095.66 




13,434.88 


Transylvania — 

Tyrrell -- 

Union - 


17,143.78 
16,025.13 
88,941.91 




7,775.07 


Wake 




Warren. 

Washington 

Watauga 


43,858.68 
19,267.90 
38,757.25 
13,217.24 


Wilkes... 


88,704.90 


Wilson. 

Yadkin 

Yancey 




49,059.72 
38,231.58 


Total. 


$ 3,196,860,524 


$ 14,542,762.91 


$ 12,787,442.09 


$ 3,150,000.00 



STATE BOARD OF VOCATIONAL EDUCATION 

Art. 31, Ch. 95, C. S.; Ch. 172, P. L. 1921. 

Composition (4) — Superintendent of Public Instruction ex officio 
chairman and executive officer; three members to represent Agri- 
culture, Home Economics, Trades and Industries, respectively. 

Personnel — Leonard Tufts, Pinehurst — Agriculture; W. F. Carr, 
Durham — Trades and Industries; Miss Mary Arrington, Rocky 
Mount — Home Economics. 

Appointment — By Governor. 

Term — Four years. 

Compensation — Not specified. 

Function 

To administer the Federal and State laws in relation to voca- 
tional education and funds appropriated therefor; to formulate 



State Committees on High School Text Books 189 

plans for promotion of vocational education in the public school 
system and to provide for preparation of teachers in such subjects; 
to make studies and investigations relating to such subjects and to 
publish results of same; to promote and aid in establishing by 
local communities of schools, departments or classes giving in- 
struction in such subjects; to prescribe qualifications of teachers, 
etc., and to provide for certification of such teachers; to cooperate 
in the maintenance of classes supported or controlled by the public 
for the preparation of teachers, etc., or to maintain own classes; 
to cooperate with county boards; to enforce provisions of the law 
through the State Superintendent of Public Instruction; and to 
report annually to the Governor the conditions of vocational educa- 
tion in the State, schools benefited and detailed statement of funds 
received from both State and Federal governments — State ap- 
propriation to match Federal appropriation. 

To provide for maintenance and vocational rehabilitation and 
the return to civil employment of persons injured in industry or 
otherwise, who go into training under provisions of the Federal 
Industrial Rehabilitation Act, by cooperating with Federal agen- 
cies; to administer Federal and State appropriations; to pay not 
more than $10 for twenty weeks to a single person; to keep record 
of expenditures and report annually to Governor. $15,000 appro- 
priated by State.) 

The State Treasurer is directed to act as custodian of the funds 
of the Board and to receive and disburse same. 

Historical Note 

Created by act of the General Assembly of 1919. 



STATE COMMITTEE ON HIGH SCHOOL TEXT-BOOKS 

Art. 42, Ch. 95, C. S. ; Art. 31, Ch. 136, P. L. 1923. 

Composition — Five members. 

Personnel — Ray Armstrong, Chairman, Goldsboro; Kate Finley, 
Rockingham; John W. Moore, Winston-Salem; Clyde A. Erwin, 
Rutherfordton; Leon R. Meadows, Greenville. 



190 State Departments, Boards, and Commissions 

Appointment — By the Governor and the Superintendent of Pub- 
lic Instruction. 

Term — Five years. 

Qualifications — None specified. 

Compensation — Necessary expenses. 

Function 

To examine contents, quality and price of each book submitted 
by the publisher to determine whether or not same is suitable for 
use in the public high schools; to submit to the Superintendent 
of Public Instx-uction every five years a report of its findings with 
recommendations as to books to be placed on the State approved 
list, which list constitutes the State adopted list for a period of 
five years when approved by the State Board of Education. The 
county is the unit of adoption of High School Textbooks, such adop- 
tions being made from State approved list to be used for a period 
of five years except for science and history which may be adopted 
for two years. 

Historical Note 

Created by act of the General Assembly of 1919, and changed 
by Chapter 136, Public Laws of 1923. 



TEXTBOOK COMMISSION 

Ch. 145, P. L. 1921 

Composition — Seven members. 

Personnel — A. E. Akers, Chairman, Roanoke Rapids; R. G. 
Fitzgerald, Greenville; C. C. Haworth, Burlington; B. L. Smith, 
Spindale; Anne Holdford, Raleigh; Ruth Gunter, Sanford; Ethel 
McNairy, Statesville. . 

Appointment — By Governor and Superintendent of Public In- 
struction. 

Term — Five years. 

Qualification — Active teacher, supervisor, principal or superin- 
tendent. 



Text Book Commission 191 

Compensation — $200 and expenses for each member, and $225 
and expenses for chairman for first year; $5 per diem and ex- 
penses thereafter. 

Function 

To prepare subject to the approval of the Superintendent of Pub- 
lic Instruction, an outline course of study indicating subjects to be 
taught in the elementary schools of the State, outlining basal and 
supplementary books on each subject used in each grade; to pre- 
pare multiple lists of basal books selected in conformity with the 
outline course of study, from which lists the State Board of Edu- 
cation selects and adopts the basal books for each subject; and 
upon adoption the State Board may contract with publisher to 
furnish books for a period of five years or less; to furnish new lists 
to Board when requested or to recommend substitutions, with ap- 
proval of State Superintendent, where adopted books prove un- 
satisfactory. 

To elect chairman and secretary and adopt rules and regula- 
tions governing its work, subject to approval of State Superin- 
tendent, same to be published in the daily papers and copy sent to 
all publishers submitting bids and samples of books for adoption; 
to meet on call of State Board of Education or independently. 

Subjects to be selected are divided into two classes: 

1. Major subjects — readers, arithmetics, language and gram- 
mar, history and geography. 

2. Minor subjects — all other books on all other subjects. Sup- 
plementary books in the outline course of study are for guidance of 
county and city boards of education which are authorized to adopt 
necessary supplementary books, but such shall not replace adopted 
basal books. 

Object. To prepare, subject to the approval of the Superin- 
dent of Public Instruction, an outline course of study covering 
subjects to be taught in the elementary public schools; and to sub- 
mit to the State Board of Education multiple lists of approved 
books selected in conformity with the outline course of study for 
its guidance in adopting the books to be used. 

Historical Note 

Created by act of the General Assembly of 1921. 



192 State Departments, Boards, and Commissions 
TRANSPORTATION ADVISORY COMMISSION 

Ch. 266, P. L. 1925. 

Composition — Twelve members. 

Personnel — A. C. Meyers, Chairman, Gastonia; J. A. Taylor, 
Wilmington; E. K. Bishop, New Bern; Jas. A. Gray, Winston- 
Salem; John W. House, Wilson; Geoi-ge Marsh, Raleigh; T. J. 
Purdie, Fayetteville; M. O. Blount, Bethel; T. Austin Finch, 
Thomasville; Chas. G. Yates, Greensboro; and Samuel P. Burton, 
Asheville. 

Term — Not specified. 

Qualification — Experience in business and shipping. 

Compensation — $4 per day and mileage. 

Function 

To adopt rules for its administration; to make a complete and 
thorough survey of freight rates to, from and within North Caro- 
lina to ascertain if there is discrimination against receivers and 
shippers of freight; to determine the probable causes thereof and 
to recommend a remedy; to ascertain if the State can aid in the 
development of water transportation to and from North Carolina 
ports in cooperation with the Federal Government or otherwise. 
To this end it may take testimony, hold meetings within or without 
the State, and incur necessary expenses not exceeding $25,000 in 
the succeeding biennium. 

To report to the Governor from time to time and to make recom- 
mendations as to legislative action or the institution of proceed- 
ings by the Corporation Commission before the Interstate Com- 
merce Commission, the Shipping Board or in the courts in respect 
to freight rates. 

Historical Note 

Created by act of the General Assembly of 1925. 



State Sinking Fund Commission 193 

STATE SINKING FUND COMMISSION 

Chapter 62, P. L. 1925. 

Composition — Governor, Chairman; Auditor, Secretary; State 
Treasurer, Treasurer — ex officio members. 

Term — Four years. 

Function 

It is the duty of the commission to see that the provisions of all 
sinking fund laws are complied with and to provide for the custody, 
investment and application of all sinking funds. The commission 
and its members may call upon the Attorney-General for legal ad- 
vice as to their duties, powers and responsibilities hereunder. 

The commission shall adopt rules for its organization and gov- 
ernment and the conduct of its affairs. The clerks in the office of 
the Governor, Auditor and Treasurer may be called upon to assist 
the commission. 

The State Treasurer is ex officio treasurer of the commission and 
the custodian of the sinking fund and the investments thereof. He 
and the sureties upon his official bond as State Treasurer are liable 
for any breach of faithful performance of his duties as treasurer 
of the commission as well as his duties as State Treasurer, and his 
official bond must comply with this requirement. 

The moneys in the sinking fund cannot be loaned to any depart- 
ment of the State but must be invested in: 

(a) Bonds of the United States; 

(b) Bonds or notes of the state of North Carolina; 

(c) Bonds of any other state whose faith and credit are pledged 
to the payment of the principal and interest thereof; 

(d) Bonds of any county in North Carolina having a popula- 
tion of fifteen thousand or more, any city in North Carolina 
having a population of four thonsand or more and any 
school district in North Carolina having a population of two 
thousand five hundred or more, provided such bonds are 
general obligations of the subdivision or municipality is- 
suing the same and provided that there is no limitation of 
the rate of taxation for the payment of principal and inter- 



194 State Departments, Boards, and Commissions 

est of the bonds; such population of cities and towns is to 
be determined by the last preceding Federal census, that of 
the school districts by the commission. 

Securities cannot be purchased at more than market price 
thereof and must not be sold for less than the market price. No 
securities may be purchased by the commission except bonds of the 
United States or bonds or notes of the state of North Carolina 
unless the vendor shall deliver with the securities the opinion of 
an attorney believed by the commission to be competent and to be 
recognized by investment companies as an authority upon the law 
of public securities, to the effect that the securities purchased are 
valid obligations and are securities which the commission is author- 
ized to purchase, it being the intention of this requirement to as- 
sure the commission not only that such securities are valid and 
eligible for purchase under the law but that the same may not be 
unsalable by the commission because of doubts as to the validity 
thereof. The commission is empowered to appoint one or more 
of its members for the purpose of making purchases and sales of 
securities. 

Historical Note 

Created by the General Assembly of 1925. The Act of 1925 
provides penalties and repeal or amends certain sections of chapter 
188, Public Laws 1923, which created the Sinking Fund. 



STATE BOARD OF ELECTIONS 

Art. 3 et seq., Ch. 97, C. S.; Ch. Ill, P. L. 1923. 

Composition — Five members. 

Personnel — Chas. A. Hines, Chairman, Greensboro; T. B. Ward, 
Wilson; W. E. Breese, Brevard; J. T. Prevett, North Wilkesboro; 
Adrian Mitchell, Winton. 

Appointment — By Governor. 

Term — Two years. 

Qualification — Not more than three of same party. 

Compensation — $5 per diem and expenses. 



State Board of Canvassers 195 

Function 

To enforce State and county election laws; to prepare and dis- 
tribute to county boards, ballots, poll books, forms of returns; to 
order elections in accordance with law; to make recounts and to 
promulgate general regulations and perform such other functions 
as may be prescribed by law; to appoint for each county, a county 
board of elections, consisting of three members, whose terms of 
office shall be two years, not more than two of whom shall belong to 
the same political party, such appointments being made on the 
recommendation of the State Chairman of each political party, 
but power of removal on cause rests with the State Board and 
such vacancies shall be filled by said board; to appoint county 
primary election boards; to tabulate returns, declare nominees; 
and such other functions as may be prescribed by law. 

The Board elects its own chairman and secretary. 

Historical Note 

Created by act of General Assembly of 1901. 



STATE BOARD OF CANVASSERS 

Art. 13, Ch. 97, C. S.; Ch. Ill, P. L. 1923. 

Composition — Five members: Governor, four members State 
Board of Elections, ex officio members. 
Term — Two years. 

Qualification — Members of State Board of Elections to be 
named and selected by said Board. 

Function 

To ascertain and declare from abstracts of votes cast and per- 
pared by boards of county canvassers and submitted to the Secre- 
tary of State by clerks of the Superior Courts, the results of the 
elections of Governor and all State officers, justices of the Supreme 
Court, judges of the Superior Court, solicitors, congressmen and 
United States senators; to cause results to be certified to the Sec- 



196 State Departments, Boards, and Commissions 

retary of State; to estimate the votes cast for officers of the Execu- 
tive Department from the abstracts forwarded to the Secretary of 
State, and publish a statement of the result of such calculation, 
but this statement shall be for information of the public only, and 
shall not have the effect to determine what candidates have been 
elected to office. Their election shall be ascertained and declared 
according to Sec. 3, Article III of the Constitution. 

Historical Note 

Created by act of the General Assembly of 1901. 



STATE BOARD OF PENSIONS 

Art. 3, Ch. 92, C. S. ; Ch. 69, P. L. 1920 — Extra Session; Ch. 189, P. L. 1921; 
Ch. 106, P. L. 1924 — Extra Session; Ch. 107, P. L. 1925; Ch. 96, P. L. 1927. 

Composition (3) — Governor, Attorney-General, Auditor, ex 
officio members. 

Function 

To examine each applicant for a pension; and to pi*escribe rules 
and regulations governing the operation of the pension law. 

The Auditor is directed to appoint three reputable ex-Confed- 
erate soldiers or sons of ex-Confederate soldiers in each county 
who, with the Clerk of the Superior Court, shall constitute the 
County Board of Pensions for their county whose duty is to exam- 
ine and classify applicants for relief and to certify such applicants 
as are passed to the Governor, and to perform such other functions 
as are prescribed by law. The Auditor is further directed to pro- 
vide form of application, to issue warrants to clerks of the Superior 
Courts semi-annually, to apportion, distribute and divide the 
money appropriated by the State for pensions, and to issue war- 
rants to the several pensioners pro rata in their respective grades 
so that the entire annual appropriation shall be paid each year to 
the pensioners. 

In addition to the appropriation made by the General Assembly 
($1,400,000 for 1927-28 and $1,100,000 in 1928-29), there is levied 
a county tax of 2 cents on each $100 of assessed value of property 



Commissioner of the Veterans Loan Fund 197 

and 6 cents on each taxable poll. These taxes are collected by a 
sheriff or other tax collector, and the net proceeds are applied each 
year to increase pro rata the pensions of persons on the county 
pension roll. Such funds are disbursed pro rata by the County 
Commissioners. 

Classes and amounts of pensions for Confederate soldiers, their 
widows and orphans are as follows: 

Class A soldiers $365 per year 

Class A widows 300 per year 

Class B widows 100 per year 

Totally disabled 420 per year 

Negro servants - 200 per year 



COMMISSIONER OF THE VETERANS LOAN FUND 

Ch. 155, P. L. 1925; Ch. 97, P. L. 1927. 

John Hall Manning, Commissioner, Raleigh. 

Appointment — By Board of Advisers. 

Compensation — $3,500. 

Board of Advisers — Five members: Secretary of State, Chair- 
man, ex officio; Commissioner of Agriculture; Attorney-General; 
Commissioner of Labor and Printing; State Treasurer, Treasurer, 
ex officio. 

Function 

Chapter 155, Public Laws of 1925, known as The World War 
Veterans Loan Act, authorizes the submission to the voters in 1926 
of the question of contracting a bonded indebtedness of the State 
to the amount of two million dollars for the purpose of making 
loans to any resident of North Carolina who served honorably in 
the World War. The vote in November, 1926, was favorable. 

The administration of the act is under the control of a Board 
of Advisers who appoint a Commissioner of the Veterans Loan 
Fund. 



198 State Departments, Boards, and Commissions 



The Commissioner, with the approval of the Board of Advisers, 
may appoint assistants and appraisers. He shall cause each appli- 
cation for a loan to be considered and the property offered as se- 
curity to be appraised. No loan shall be made unless approved by 
the commissioner and two members of the Board of Advisers. 

Not more than one loan, which shall not exceed $3,000 nor ex- 
tend for more than 20 years, shall be made to any one person. 
No loan shall exceed seventy-five per cent of the appraised value 
of the real property offered as security, and no loan for 20 years 
shall be made unless application is filed before January 1, 1931. 
The applicant shall pay in advance the expense of the appraisal 
and shall pay all costs incurred in the investigation of his property. 

All loans are repayable in not more than 20 equal annual or 40 
equal semi-annual payments and bear interest at six per cent, pay- 
able semi-annually. All payments on loans shall be made to the 
State Treasurer who shall deposit and hold them as a separate 
fund to be applied to the payment of the bonds when they become 
due. 

The cost of administering the act, including salaries, shall be 
paid from the difference between the interest received from the 
loans made hereunder (6 per cent) and the interest on the bonds 
of the State to be issued (not exceeding 5 per cent), provided 
that until such time as the income herein provided for shall be- 
come sufficient to pay the cost of administration of this act, the 
expense thereof shall be paid out of the general fund. 



BOARD OF PUBLIC BUILDINGS AND GROUNDS 

Ch. 117, C. S.; Ch. 315, P. L. 1925; Ch. 153, P. L. 1927. 

Composition (4) — Governor, Secretary of State, Treasurer, At- 
torney-General, ex officio members. 

Function 

To take charge of and keep in repair public buildings of State in 
city of Raleigh; to procure necessary furniture and equipment for 
General Assembly and public offices; to certify through the Secre- 



Municipal Board of Control 199 

tary of State, all accounts for labor and fuel; to assign rooms and 
offices where not specified by law; to authorize repair of walks, 
grounds and trees in and about the Capitol square; to appoint a 
keeper of the Capitol, a Custodian of the Administration building, 
and a custodian and a janitor for the State Department Building. 
Keeper of the Capitol. To have charge of janitorial work and 
care of trees and grounds of Capitol and Executive Mansion; to 
appoint and supervise all employees and laborers; to supervise all 
of the public lots in the city of Raleigh belonging to the State; to 
contract under supervision of Board for repairs to walks, convict 
labor to be used where practicable, and accounts for labor and 
material to be audited. He must execute a bond of at least $250 for 
the faithful discharge of his duties. 

Custodian of State Department Buildings. Appointed by 
Board with duties similar to those of the Keeper of the Capitol. 

Custodian of Administration Building. Appointed by the 
Board, with duties similar to those of the Keeper of the Capitol. 

Historical Note 

Created by act of General Assembly of 1871. 

W. D. Terry Superintendent 



MUNICIPAL BOARD OF CONTROL 

Art. 13, Ch. 56, C. S. 

Comjiosition (3) — Attorney-General, Chairman; Secretary of 
State, Secretary; Chairman Corporation Commission, ex officio 
members. 

Function 

To hear petitions for incorporation of municipalities; to deter- 
mine if requirements of law have been fulfilled by the petitioners 
and that the facts stated are true; to enter orders creating terri- 
tory into a town, and to provide for holding the first election of 
mayor and commissioners, the number to be determined by the 
Board. 



200 State Departments, Hoards, and Commissions 

Historical Note 

Created by act of the General Assembly of 1917. 



BOARD OF COMMISSIONERS OF NAVIGATION AND 

PILOTAGE 

Ch. 79, P. L. 1921; Ch. 158, P. L. 1927. 

Composition — Five members. 

Personnel— H. C. McQueen, C. W. Worth, D. H. Scott, and J. A. 
Taylor, Wilmington; and Richard Dosher, Southport. 
Appointment — By Governor; vacancies filled by board. 
Term — Four years. 

Qualification — Four to be residents of New Hanover County; 
none to be licensed pilots. 

Function 

To make and enforce rules regulating pilotage service and other 
matters relating to the navigation of the Cape Fear River from 
seven miles above Negro-Head Point downwards and out of the 
bar and inlets. 

To appoint annually a harbor master for the port of Wilming- 
ton; to appoint a clerk who shall record all the rules, orders and 
proceedings of the Board; to examine or cause to be examined 
applicants as pilots for Cape Fear River and bar, and to license 
those approved; to renew licenses annually upon payment of fee of 
$5, and to revoke licenses for cause; to make and enforce rules 
relating to pilots' apprentices; to organize pilots licensed by Board 
into mutual association, each member to pay two per cent of each 
pilotage fee for expenses of Board, surplus to be placed in fund 
for benefit of widows and orphans of deceased pilots; to issue per- 
mits to run regularly as pilots of steamers plying between 
Wilmington and other U. S. ports; to retire pilots and to provide 
compensation under suitable rules; to exercise jurisdiction over 
disputes as to pilotage and between pilots. 

Pilotage. Fees fixed by law — two classes: (1) Sea to South- 
port or vice versa; (2) Southport to Wilmington or vice versa. 



Crop Pest Commission 201 

Fees are based on ship's draught, 6 feet to 30 feet and vary in class 
1 from $11.00 to $165.00, and in class 2 from $6.00 to $99.00. The 
first pilot speaking a vessel is entitled to pilotage fees. 

Licenses. Two classes: (1) To Apprentices, of not more than 
three years service — license covers vessel not exceeding 15 feet 
draught. Age limitations, 21-25 years; (2) Unlimited license — to 
those who have served at least one year under a license of the first 
class. 

Harbor Master. To keep channel-way clear; to berth vessels 
at appropriate docks; to collect fees ($3 to $10) from incoming 
vessels; to arrest violators. 

Object. To promote the efficiency of pilotage service and to 
protect and promote the commerce of the port of Wilmington and 
the state of North Carolina. 

Historical Note 

Created by act of the General Assembly of 1921. 



CROP PEST COMMISSION 

Art. 16, Ch. 84, C. S. 

Composition (11) — Board of Agriculture ex officio. 

Function 

To prepare and publish from time to time list of dangerous 
crop pests, methods of extermination, repression and prevention 
of spread; to adopt regulations for prevention of introduction of 
dangerous crop pests from without the State and for governing 
common carriers in transporting plants liable to harbor such pests 
to and from the State, such regulations having the force of law; 
to investigate and inspect premises suspected of being infected, 
and where found may remove pest or have same removed by 
owner, costs in either case to be borne by owner. 

Historical Note 

Created by act of the General Assembly of 1909. 



202 State Departments, Boards, and Commissions 
NORTH CAROLINA PARK COMMISSION 

Resolutions 16 and 29, Extra Session, 1924; Ch. 48, P. L. 1927. 

Composition — Eleven members. 

Personnel — Mark Squires, Chairman, Lenoir; Eugene C. Brooks, 
Secretary, Raleigh; J. A. Hardison, Wadesboro; D. M. Buck, Bald 
Mountain; Frank Linney, Boone; John G. Dawson, Kinston; J. 
Elmer Long, Durham; Plato Ebbs, Asheville; Harry Nettles, 
Biltmore; R. T. Fountain, Rocky Mount; E. S. Parker, Jr., 
Greensboro. 

Function 

To take over from Great Smoky Mountains, Incorporated, such 
property and monies as it may have for promotion of National 
Parks and to collect unpaid balances of subscriptions made to said 
corporation, from which funds shall be paid the actual traveling 
expenses of the Commission; to acquire title in the name of the 
state of North Carolina to any lands contemplated by act of 
Congress approved May 22, 1926, to provide for the establishment 
of the Great Smoky Mountain National Park in North Carolina 
and Tennessee; to control the funds in the hands of the State 
Treasurer known as the North Carolina Park Fund, composed 
of the proceeds of an issue of state bonds not exceeding $2,000,000 
authorized for the purpose of acquiring land for the park; to 
exercise the power of eminent domain in acquiring for the State for 
park purposes such portions of the tract of land of approximately 
704,000 acres, designated by the Secretary of the Interior, as are 
situated in North Carolina; to convey to the United States of 
America for National Park purposes all title in such lands ac- 
quired by the state of North Carolina; to appoint attorneys to 
prosecute or defend actions in which the State may be a party 
under the provisions of the act; to institute condemnation pro- 
ceedings for the acquisition of the land in North Carolina desig- 
nated by the Secretary of the Interior. The bonds are not to be 
issued until the Secretary of the Interior has designated the areas 
to be acquired for the park, adequate provision has been made by 
Tennessee for the purchase of its designated area, and adequate 
provision has been made to purchase the designated area within 
North Carolina. 



The Tax Commission 203 



THE TAX COMMISSION 

Ch. 157, P. L. 1927. 

Fred W. Morrison, Secretary, Raleigh. 

Composition — Five members. 

Appointment — By the Governor, who designates the Chairman 
and Vice Chairman. 

Term — Until in opinion of Governor it has fulfilled the purpose 
of its creation. 

Compensation — $6 per day per member and 6 cents per mile 
while in the performance of duty. 

Personnel — A. J. Maxwell, Chairman, Raleigh; L. A. Bethune, 
Vice-Chairman, Clinton; J. K. Norfleet, Winston-Salem; Thos. D. 
Warren, New Bern; Robert Lassiter, Charlotte. 

Function 

To meet at the call of the Governor for the purpose of organizing 
and adopting rules; to employ a Secretary and such assistants, ex- 
perts, and counsel as it may deem advisable; to make a thorough 
study of the subject of taxation as it relates to the State of North 
Carolina and its sub-divisions; to make a study of taxation in other 
states and places; to make a comparative study of the subject of 
taxation and assemble, classify, and digest all available data on 
taxation, to the end that it may be submitted to the Governor and 
General Assembly and may be available to all interested citizens; 
to take testimony and to compel the appearance of witnesses and 
the production of books and papers; to make reports and recom- 
mendations to the Governor, who shall transmit them to the Gen- 
eral Assembly. The ultimate purpose of the Commission is to se- 
cure information as to the merits and demerits of the existing 
system of taxation in North Carolina so that changes may be made 
to promote the best interests of the State and its citizens. 



204 State Departments, Boards, and Commissions 

STATE FAIR 

Ch. 209, P. L. 1927. 

•W. S. Moye, Secretary-Manager, Raleigh. 

Board of Directors — Thos. S. White, President, Hertford; W. H. 
Joyner, Garysburg; Jule K. Warren, Trenton; Dr. J. R. Rogers, 
Raleigh; Jefferson Penn, Reidsville; Dr. J. Vance McGougan, Fay- 
etteville; Arthur Ross, Asheboro; Mrs. W. A. Foil, Concord; Roy 
E. Hutchinson, Charlotte, R. F. D.; D. R. Noland, Waynesville; 
Mrs. P. E. Brown, Wilkesboro; W. E. White, Mebane; W. G. 
Bramham, Durham. 

Appointment — By the Governor, with the confirmation of the 
Senate. 

Term — Six years overlapping. 

The North Carolina Agricultural Society, chartered by the Gen- 
eral Assembly of 1852 and regulated further by the General As- 
sembly of 1925, operated the State Fair annually in Raleigh 
through 1925. On account of the inadequacy of the old buildings 
and grounds, it was deemed advisable in 1926 to sell the old Fair 
grounds, located in Raleigh, and secure a larger site for more 
adequate buildings. 

For the purpose of holding an annual State Fair to represent 
the agricultural, industrial, manufacturing, and other interests of 
North Carolina, the General Assembly of 1927 set apart 200 acres 
of land owned by the State within five miles of the Capitol — the 
particular acreage to be selected by the Governor and Council of 
State. 

The management of the Fair was committed to a board of di- 
rectors to consist of one member from each congressional district 
and three from the State at large, to be designated by the Gov- 
ernor, together with the following ex officio members: Governor, 
chairman ex officio; Commissioner of Agriculture, President of the 
North Carolina State College of Agriculture and Engineering, Di- 
rector of the Department of Conservation and Development, and 
the Mayor of Raleigh. 

The setting apart of the 200 acres was conditioned upon the 
donation by the city or citizens of Raleigh and the North Carolina 



County Government Advisory Commission 205 

Agricultural Society of $200,000 for the erection of buildings and 
the conduct of the Fair. 

In 1927, the city of Raleigh authorized a bond issue of $75,000 
which, with the proceeds of $125,000 secured by the Agricultural 
Society from the sale of the old Fair grounds, insured the resump- 
tion of the State Fair in 1928, after the suspension of two years. 



COUNTY GOVERNMENT ADVISORY COMMISSION 

Ch. 91, P. L. 1927. 

Chas. M. Johnson, Executive Secretary, Raleigh. 

Composition (5) — Five members. 

Appointment — By the Governor, who designates the Chairman. 

Term — Not exceeding four years. 

Qualifications — Qualified by knowledge and experience to advise 
and assist county officials in proper administration of county gov- 
ernment; at least three to be selected from existing boards of 
county commissioners. 

Compensation — Actual expenses. 

Personnel — Dr. E. C. Brooks, Chairman, Raleigh; D. W. New- 
som, Durham; E. M. Lyda, Asheville; Dr. A. C. Mcintosh, Chapel 
Hill; A. E. Cline, Kings Mountain. 

Function 

To study the whole subject of county administration; to advise 
with county commissioners as to best methods of county adminis- 
tration; to prepare and recommend simple and efficient methods of 
accounting and the proper forms and books; to suggest needed 
changes; to make recommendations to the Governor; to employ 
and fix the salaries of an executive secretary and assistants; and 
to receive donations from individuals and from public and civic 
organizations. 

The Executive Secretary shall maintain an office in Raleigh, 
visit the counties, advise and suggest improved methods of ac- 
counting and administration, prepare a manual of forms and 



206 State Departments, Boards, and Commissions 

recommendations for the guidance of the county officers; and per- 
form any other duties required by the Commission. 

The sum of $15,000 was appropriated to meet the expenses of 
the Commission and the executive secretary. 



COMMISSION ON THE REPRODUCTION OF THE CANOVA 
STATUE OF WASHHINGTON 

Ch. 253, P. L. 1923; Ch. 303, P. L. 1925; Ch. 20. P. L. 1927. 

The General Assembly of North Carolina by resolution in 1815 
instructed the Governor of the State "to purchase on behalf of this 
State a full length statue of General Washington." Governor 
William Miller, under that authority, secured the services of 
Canova, the Roman sculptor. The statue was received in Raleigh 
December 24, 1821, and set up in the rotunda of the State House. 
In 1831 the State House was burned and the statue destroyed. The 
General Assembly at its next annual session held in 1831 appointed 
a committee, of which William Gaston was chairman, to provide 
for the restoration of the statue and appropriated five thousand 
dollars for the purpose. The services of Ball Hughes, an English 
sculptor, were secured; but the ruins of the statue were so complete 
that he was unable to reproduce it, and the matter of reproduction 
was, therefore, allowed to drop. 

In 1908, the Secretary of the North Carolina Historical Commis- 
sion learned through a former Ambassador to Austria that the 
original model made by Canova still existed in the Canova Museum 
at Possagno, Italy. Thereafter Italy, at its own expense, had a 
plaster replica of the statue made and presented it to the North 
Carolina Historical Commission. This replica was received in 1910, 
and is now preserved in the North Carolina Hall of History. 

The General Assembly of North Carolina, at its 1923 session, 
provided for a Commission on the Reproduction of the Canova 
Statue of Washington, of which R. D. W. Connor, Walter Wood- 
son, and R. O. Everett were appointed members. The Commission 
was charged with the duty of collecting data and making recom- 
mendations relative to the reproduction of the statue. R. O. 



Bennett Place Memorial Commission 207 

Everett made a trip to Possagno, Italy, to view the original model 
made by Canova, and thereafter a report of the Commission was 
presented to the General Assembly and ordered printed, in which 
report recommendations were made that the statue be reproduced. 
The General Assembly of North Carolina at its session in 1925 
provided for the continuation of the Commission and its enlarge- 
ment by the addition of W. N. Everett and Governor A. W. Mc- 
Lean. The Commission was authorized and directed to have re- 
produced in Carara marble, from the "model now owned by North 
Carolina," the Canova Statue of Washington, and to have it set up 
in a suitable place in one of the buildings or on the public grounds 
of the state of North Carolina. The cost of the reproduction was 
to be provided for by private subscription. 

The services of Gutzon Borglum have been secured to reproduce 
the statue, but the actual work is being delayed until the com- 
mittee shall raise a sufficient amount by private subscription. 

The General Assembly of 1927 added Miss Martha Andrews to 
the Commission and directed it to report its progress to the General 
Assembly of 1929. 



BENNETT PLACE MEMORIAL COMMISSION 

Ch. 77, P. L. 1923; Ch. 7, P. L. 1925; Ch. 4, P. L. 1927. 

The General Assembly of 1923 appointed a commission consisting 
of Bennehan Cameron (deceased), J. S. Carr (deceased), R. D. W. 
Connor, F. C. Brown, W. T. Bost, R. O. Everett, and D. H. Hill 
(deceased) to arrange for the acceptance in the name of the State 
from the heirs of Samuel T. Morgan of a memorial to mark the 
spot where the Confederate War practically ended with the sur- 
render of the army of General Joseph E. Johnston to that of Gen- 
eral W. T. Sherman at the Bennett House near Durham, April 18, 
1865. The memorial is a graceful double shaft situated in a park 
of nearly thirty-one acres of land, all of which is deeded in per- 
petuity to the State for use as a public park which the board of 
county commissioners of Durham county is authorized to main- 
tain. The General Assembly of 1925 appointed Mrs. Benjamin N. 
Duke as successor to J. S. Carr, Mrs. Edward J. Parish as succes- 
sor to D. H. Hill; and increased the Commission by appointing 



208 State Departments, Boards, and Commissions 

Miss Lida Carr Vaughan and Samuel Tate Morgan, Jr. The Sec- 
retary of State is the custodian of the monument and grounds. 

The General Assembly of 1927 appointed R. O. Everett as chair- 
man of the Commission for life and John Sprunt Hill to fill the 
vacancy caused by the death of Bennehan Cameron, and provided 
that the commissioners serve for life or until otherwise provided 
for by the General Assembly. 



THE NORTH CAROLINA GETTYSBURG MEMORIAL 

COMMISSION 

Ch. 54, P. L. 1927. 

Composition (15) — Fifteen members, the Governor to be ex 
officio chairman. 

Appointment — By the Governor; five to be selected from the 
U. D. C. and five from the U. C. V. of North Carolina. 

Term — Until the purpose of its creation is fulfilled. 

Compensation — None. 

Personnel — Mrs. Marshall Williams, Faison; Mrs. J. Dolph 
Long, Graham; Mrs. Felix Harvey, Sr., Kinston; Mrs. L. B. 
Newell, Charlotte; Mrs. Glen Long, Newton; Col. A. H. Boyden, 
Salisbury; Capt. D. Stewart, Laurinburg; Capt. S. S. Nash, Tar- 
boro; H. C. McQueen, Wilmington; Col. Virgil S. Lusk, Asheville; 
Gen. Albert Cox, Raleigh; W. A. Erwin, Durham; G. P. Burgwyn, 
Woodland; A. L. Brooks, Greensboro; Major W. C. Heath, Monroe. 

Function 

To meet in Raleigh at the call of the Governor not later than 
July 15, 1927, for the purpose of electing the necessary officers; to 
fix the time and place of subsequent meetings; to enter into neces- 
sary contracts; to erect a suitable monument to the soldiers of 
North Carolina upon the battlefield of Gettysburg and to cause 
to be inscribed thereon the true story of the deeds of North Caro- 
lina troops upon that battlefield; to accept donations from any 
source and to use them together with the state appropriation not 
in excess of $50,000 in the erection of the memorial. 



Andrew Johnson Memorial Commission 209 

Historical Note 

The Commission at a meeting in Raleigh on January 30, 1928, 
awarded the contract to Gutzon Borglum, upon recommendation 
of an advisory commission composed of W. W. Fuller of New 
York, Major Bruce Cotten of Baltimore, and Daniel M. Barringer 
of Philadelphia. 



ANDREW JOHNSON MEMORIAL COMMISSION 

Ch. 262, P. L. 1927. 

Composition (35) — Thirty-five members. 

Appointment — Named in the act. 

Personnel — Gov. A. W. McLean, Mrs. Cameron Morrison, Mrs. 
W. N. Reynolds, Mrs. H. M. London, Mrs. T. P. Jerman, J. M. 
Broughton, Robert N. Page, T. M. Pittman, E. Y. Webb, T. S. 
Rollins, Mrs. E. L. McKee, Francis D. Winston, Mrs. Nancy Leak, 
I. M. Meekins, A. J. Patterson, Ben Dixon MacNeill, S. L. Davis, 
E. D. Broadhurst, Archibald Henderson, Josephus Daniels, Oscar 
Haywood, M. Leslie Davis, Walter Murphy, Thomas Bost, J. McN. 
Johnson, D. A. McDonald, Robert W. Winston, Oscar Coffin, John 
J. Parker, J. G. deR. Hamilton, W. L. Poteat, R. L. Flowers, Alex- 
ander Martin, Fred A. Olds, William Johnston Andrews. 

Term — Not specified. 

Compensa tion — None. 

Function 

To elect officers and make necessary regulations; to raise funds 
with which to enclose the house in which Andrew Johnson was born 
in a building of durable material either where it now stands or 
after removal to Nash Square or some other place to be determined 
on by the Commission; to employ architects and artists for the 
construction of the building and the beautification of the grounds. 
The building shall be so constructed that it can be used as a 
museum and library of the Civil War and reconstruction periods. 

When the site is selected and an acre of state-owned land se- 
cured, it shall be offered to the United States government, provided 



210 State Departments, Boards, and Commissions 

that government appropriate not less than $50,000 for the purpose 
of constructing a memorial building. If accepted, the Secretary 
of State shall convey the land to the Federal Government. 

The Commission is required to make a report to the General 
Assembly of 1929. 



GEORGE WASHINGTON BICENTENNIAL COMMISSION 

Resolution No. 30, 1927. 

Composition — Ten members and the Governor, ex officio. 

Personnel — Francis D. Winston, Chairman, Windsor; Josh L. 
Horn, Jr., Rocky Mount; Clyde R. Hoey, Shelby; Col. Wade H. 
Harris, Charlotte; John D. Bellamy, Wilmington; J. F. Hurley, 
Salisbury; Mrs. Sidney Cooper, Henderson; Mrs. B. Frank 
Mebane, Spray; Mrs. David H. Blair, Washington; Mrs. E. D. 
Broadhurst, Greensboro. 

Appointment — By the Governor. 

Term — Until 1 year after the celebration. 

Function 

To elect from its number a chairman, vice-chairman, and secre- 
tary; to act for the State in cooperation with the National, State, 
and Civic Commissions engaged in arranging for a bicentennial 
celebration in 1932 of the birthday of George Washington; to par- 
ticipate in carrying out the program arranged; and to file a final 
report with the Governor for transmission to the next succeeding 
General Assembly after the celebration. 



BOARD OF MEDICAL EXAMINERS 

Art. 1, Ch. 110, C. S.; Ch. 47, P. L. 1921; Ch. 44, P. L. 1921 — Extra Session. 

Composition — Seven members. 

Personnel — Dr. J. W. MacConnell, Secretary, Davidson; Dr. Foy 
Roberson, Durham; Dr. Paul H. Ringer, Asheville; Dr. W. Houston 



Board op Chiropody Examiners 211 

Moore, Wilmington; Dr. T. W. M. Long, Roanoke Rapids; Dr. W. 
W. Dawson, Grifton; Dr. J. K. Pepper, Charlotte. 

Appointment — By North Carolina Medical Society. 

Term — Six years. 

Qualification — Members of Medical Society. 

Compensation — $10 per diem and expenses. 

Function 

To meet once each year in Raleigh and at such other times and 
places as may be advisable, five members constituting a quorum; 
to determine the qualifications of applicant by examination, and to 
issue a license or diploma upon satisfactory proof as agreed by at 
least four members of Board; to grant, as conditions warrant, lim- 
ited or permanent licenses without examination under provisions 
of the law; to rescind license upon cause; to keep records of appli- 
cants and proceedings; to prescribe such rules and regulations as 
are not inconsistent or in conflict with laws. 

Each applicant is required to pay $15 upon application. A fee 
of $50 is charged if license is issued without examination. This 
applies to physicians coming into the State. The Board elects its 
own officers. 

Reports. No reports are required, but annual reports are made 
to the Medical Society which publishes them in its annual volume 
of proceedings. 

Historical Note 

Created by act of General Assembly of 1858-1859. 



BOARD OF CHIROPODY EXAMINERS 

Art. 11, Ch. 110, C. S. 

Composition — Three members. 

Personnel — Dr. L. C. Weathers, Raleigh; Dr. M. P. Buetner, Wil- 
mington; Dr. O. B. MacRae, Gi'eensboro. 
Appointment — By North Carolina Pedic Association. 



212 State Departments, Boards, and Commissions 

Term — Three years overlapping. 

Qualification — One year's practice in North Carolina. 

Compensation — $4 per diem and expenses. 

Function 

To adopt suitable rules and regulations; to examine qualified 
applicants to practice chiropody upon payment of fee of $25.00 and 
to issue certificates upon completion of satisfactory examination; 
to revoke or suspend certificates for cause; to keep record of its 
transactions and register of applicants and licenses; to hold at 
least one examination annually. 

The Board elects its own officers, and two members constitute a 
quorum. 

Reports: No reports are required. 

Historical Note 

Created by act of the General Assembly of 1919. 



THE BOARD OF NURSE EXAMINERS OF NORTH CAROLINA 

Art. 7, Ch. 110, C. S.; Ch. 87, P. L. 1925. 

Composition — Two physicians, three registered nurses. 

Personnel — E. A. Kelley, President, Fayetteville ; Mrs. Z. V. 
Conyers, Secretary, Greensboro; Lula West, Mt. Airy; R. W. 
Petree, Lenoir; Frank A. Sharpe, Greensboro. 

Appointment — One physician by North Carolina Medical Society, 
one by the North Carolina State Hospital Association, and three 
nurses by the North Carolina State Nurses' Association. The 
President and Secretary-Treasurer are elected by the Board from 
its nurse members. 

Term — Three years overlapping. 

Compensation — $5 per diem and expenses; the Secretary- Treas- 
urer, $5 per diem and $300 per year. 



Board of Pharmacy 213 



Function 



To adopt necessary rules and by-laws; to adopt and have cus- 
tody of a seal; to examine qualified applicants for licenses to reg- 
ister as trained nurses and to practice their profession upon pay- 
ment of a fee of $10, and to issue licenses upon satisfactory com- 
pletion of examination ; to issue licenses without examination under 
certain conditions; to revoke licenses for cause; to appoint three 
members of the Board who together with three members from the 
North Carolina State Hospital Association, constitute a joint 
committee on standardization which advises with the Board, in re- 
gard to regulations covering applicants for license, admission to 
examinations, and the standardization of schools of nursing in 
North Carolina; to fix in cooperation with the standardization 
board, the duties and compensation of an educational director of 
schools of nursing, who is appointed annually by the North Caro- 
lina State Nurses' Association and who reports annually to the 
Board of Nurse Examiners and to the North Carolina State Hos- 
pital Association; to meet at least annually and oftener as required 
by law, three members, two of whom must be nurses, constiuting a 
quorum. 



BOARD OF PHARMACY 

Art. 3, Ch. 110, C. S. ; Ch. 57, P. L. 1921; Ch. 82, P. L. 1923; 
Ch. 28, P. L. 1927. 

Composition — Five members. 

Personnel — Dr. E. V. Zoeller, President, Tarboro; F. W. Han- 
cock, Secretary-Treasurer, Oxford; C. P. Greyer, Morganton; Dr. 
I. W. Rose, Rocky Mount; J. G. Ballew, Lenoir. 

Appointment — Elected by North Carolina Pharmaceutical Asso- 
ciation and commissioned by Governor. 

Term — Five years overlapping. 

Qualification — Licensed pharmacists of North Carolina. 

Compensation — Secretary's salary fixed by Board; other mem- 
bers, $10 per diem and expenses. 



214 State Departments, Boards, and Commissions 

Function 

To adopt rules and regulations not inconsistent with laws for 
proper discharge of duties as prescribed; to examine at least once 
annually qualified applicants for licenses to practice pharmacy 
upon payment of fee of $10, and to issue licenses after applicant 
has passed satisfactory examination; to issue license without ex- 
amination under certain conditions; to refuse or revoke a license 
for cause; to require and provide for the annual registration of 
every drug store and pharmacy doing business in the State and 
to renew licenses annually upon payment of a fee of $1 ; to keep 
record of its proceedings, register of all applications, licenses and 
renewals; and to supervise and enforce law in relation to propri- 
etary medicines, a majority of the Board required for transaction 
of all business. The Board elects its own officers. 

Reports. The Board is required to make annually to the Gov- 
ernor written reports of its proceedings and of its receipts and 
disbursements and of all persons licensed to practice as pharma- 
cists and assistant pharmacists in this State. 

Historical Note 

Created by act of the General Assembly of 1905. 



NORTH CAROLINA BOARD OF VETERINARY MEDICAL 

EXAMINERS 

Art. 10, Ch. 110, C. S. 

Composition — Five members. 

Personnel— Dr. J. I. Neal, Sanford; Dr. Wm. Moore, Raleigh; 
Dr. L. F. Koonce, Raleigh; Dr. W. A. Hornaday, Greensboro. 

Appointment — By Governor. 
Term — Five years overlapping. 

Qualification — Member of North Carolina Veterinary Medical 
Association. 

Compensation — $4 per diem and expenses. 



N. C. State Board of Dental Examiners 215 

Function 

To adopt suitable rules and regulations; to examine qualified 
applicants for license to practice veterinary medicine or surgery 
upon payment of fee of $10 and to issue licenses upon satisfactory 
completion of examination; to issue temporary licenses under 
certain conditions and to rescind licenses for cause; to keep records 
of its proceedings and register of all applicants of licenses; to 
meet at least once a year, concurrence of majority of Board being 
necessary before licenses may be issued. Tbe Board elects its own 
officers. 

Reports. No reports are required. 

Historical Note 

Created by act of the General Assembly of 1903. 



N. C. STATE BOARD OF DENTAL EXAMINERS 

Art. 2, Ch. 110, C. S. 

Composition — Six members. 

Personnel — Dr. J. S. Betts, President, Greensboro; Dr. H. L. 
Keith, Secretary, Wilmington; Dr. E. B. Howie, Raleigh; Dr. J. A. 
McClung, Winston-Salem; Dr. C. C. Bennett, Asheville; Dr. W. T. 
Martin, Benson. 

Appointment — Elected by North Carolina Dental Society and 
commissioned by Governor. 

Term — Three years overlapping. 

Qualification — Members of Society. 

Compensation — Fixed by Board, not to exceed $10 per diem and 
expenses. 

Function 

To prescribe rules and regulations to carry out the provisions of 
the law ; to receive and record applications and fees for licenses ; to 
hold both written and clinical examinations upon the payment of 
fee of $20; to issue permanent licenses upon proof of proficiency; 



210 State Departments, Boards, and Commissions 

to renew licenses annually upon fee of $1.00; to revoke license upon 
cause; to keep necessary records and reports; to turn over to 
State Treasurer for use of the general school fund any sum in 
excess of $500 remaining after meeting the per diem and other ex- 
penses. Four members of Board constitute a quorum, and agree- 
ment of quorum is necessary before applicant will be passed. 

The Board elects its own officers. 

Reports. The Board is required to submit to the Governor on 
or before February 25th of each year a report of its proceedings 
and all moneys received and disbursed by it. 

Historical Note 

Created by act of the General Assembly of 1915. 



STATE BOARD OF ACCOUNTANCY 

Ch. 116, C. S.; Ch. 261, P. L. 1925. 

Composition — Four members. 

Personnel — J. B. McCabe, Wilmington; Walter Charnley, Char- 
lotte; Wright Dixon, Raleigh; Frank L. Jackson, Davidson. 
Appointment — By Governor. 
Term — Three years. 

Qualification — Resident public accountant. 
Compensation — $10 per diem and traveling expenses. 

Function 

To formulate rules for the government of the board and for the 
examination of applicants for certificates; to hold examinations at 
least once a year; to issue certificates of qualification to such quali- 
fied applicants as may have passed an examination in "theory of 
accounts," "practical accounting," "auditing," "commercial law," 
and other related subjects; to grant certificates to those who hold 
certificates issued by other states; to charge a fee of $25 for each 
examination and certificate; to hold reexaminations within 18 



Architectural Examination and Registration 217 

months from date of application, upon receipt of fee of $15 per 
applicant; to revoke certificates for cause; to require renewal of 
all certificates annually on July 1 and to collect a fee not exceed- 
ing $5 for each renewal; to submit to the Commissioner of Rev- 
enue the names of all persons who have qualified; to keep a com- 
plete record of all its proceedings; to elect from its members a 
president, vice president, and secretary-treasurer; to employ neces- 
sary legal and clerical assistance. 

Reports. The Board is required to submit annually a full re- 
port to the Governor and also an account of all fees collected and 
expenses incurred to the State Treasurer. 

Historical Note 

Created by act of the General Assembly of 1913, which was 
superceded by act of General Assembly of 1925. 



STATE BOARD OF ARCHITECTURAL EXAMINATION AND 

REGISTRATION 

Ch. 86, C. S. 

Composition — Five members. 

Personnel — Harry Barton, Greensboi-o; W. G. Rogers, Charlotte; 
J. B. Lynch, Wilmington; W. C. Northrup, Winston-Salem; W. H. 
Lord, Asheville. 

Appointment — By Governor. 

Term — Five years overlapping. 

Qualification — Ten years practice, residents of North Carolina. 

Compensation — Fixed by Board and paid from fees. 

Function 

To receive and register applications for examination which 
shall be accompanied by $25; to hold examinations of such appli- 
cants at least once each year and to issue upon satisfactory evi- 
dence as to qualification and proficiency, certificates to practice 



218 State Departments, Boards, and Commissions 

architecture in North Carolina; to reexamine applicants at reg- 
ular meeting without payment of additional fee; to refuse, revoke 
or suspend certificates on cause; to renew annually, for fee of $5, 
certificates, and to prescribe such regulations as they may deem 
necessary, provided they are not in conflict with laws of North 
Carolina. 

The Board elects its own officers, and three members constitute 
a quorum. 

Reports. No reports are required. 

Historical Note 

Created by act of General Assembly of 1915. 



STATE BOARD OF CHIROPRACTIC EXAMINERS 

Art. 6, Ch. 110, C. S. 

Composition — Three members. 

Personnel — Dr. C. C. Cox, President, Durham; 

; Dr. Jno. L. Frizzelle, Durham. 

Appointment — By Governor from list of five recommended by the 
North Carolina Board of Chiropractors annually. 
Term — Three years overlapping. 
Qualification — Resident practicing chiropractor. 
Compensation — Expenses only, no salary. 

Function 

To adopt necessary rules and regulations; to examine qualified 
applicants for license to practice chiropractic upon payment of fee 
of $25, and to issue licenses upon completion of satisfactory exam- 
ination; to issue temporary or permanent licenses without exam- 
ination under certain conditions; to refuse or revoke licenses for 
cause; to renew licenses annually upon payment of fee of $2; to 
keep record of its proceedings, register of all applications, licenses 
and renewals; to meet annually. 



State Board of Embalmers 219 

The Board elects its own officers and two members constitute a 
quorum for the transaction of regular business, but agreement of 
the entire Board is necessary before a license will be issued. 

REPORTS. No reports are required. 

Historical Note 

Created by act of the General Assembly of 1917. 



STATE BOARD OF EMBALMERS 

Art. 12, Ch. 110. C. S. 

Composition — Three members State Board of Health; two prac- 
tical embalmers. 

Personnel — A. J. Crowell, M. D., Charlotte; D. A. Stanton, M. 
D., High Point; Thos. E. Anderson, M. D., Statesville; Wm. Vogler, 
Winston-Salem; J. M. Harry, Charlotte. 

Appointment — Elected by State Board of Health. 
Term — Five years overlapping. 

Compensation — Per diem and expenses allowed, but amount is 
not stated. 

Function 

To adopt suitable rules and by-laws to regulate embalming of 
dead bodies; to examine qualified applicants upon payment of fee 
of $5 and to issue license upon satisfactory completion of exam- 
ination; to renew licenses annually upon payment of fee of $2; to 
revoke licenses for cause; to keep records of its proceedings and 
register all applicants, licensees, and renewals; to meet at least 
once each year, majority of the Board constituting a quorum. 

The Board elects its own officers annually. 

Reports. No reports are required. 

Historical Note 

Created by act of the General Assembly of 1901. 



220 State Departments, Boards, and Commissions 
STATE BOARD OF EXAMINERS IN OPTOMETRY 

Art. 4. Ch. 110, C. S. ; Ch. 42, P. L. 1923. 

Composition — Five members. 

Personnel— Dr. R. N. Walker, President, Winston-Salem; Dr. W. 
W. Parker, Secretary, Lumberton; Dr. W. L. Best, Greenville; 
Dr. Sam Levy, Charlotte; Dr. A. P. Staley, High Point. 

Appointment — By Governor. 

Term — Five years overlapping. 

Qualification — Five years practice in North Carolina and mem- 
bership in Optometric Society of North Carolina. 
Compensation — $10 per diem and expenses. 

Function 

To adopt necessary rules and regulations for carrying out pro- 
visions of the law; to examine qualified applicants for licenses to 
practice optometry upon payment of fee of $20 and a further fee 
of $5 if applicant passes examination, and to issue licenses there- 
upon; and to renew same annually upon payment of fee of $3; to 
revoke licenses upon cause; to keep register of licenses; to meet at 
least twice annually, a majority constituting a quorum, and to keep 
record of all proceedings. The Board elects its own officers. 

Reports. The Board is required to make an annual report of 
its proceedings to the Governor on the first Monday in January of 
each year which report shall contain an account of monies received 
and disbursed by them. 

Historical Note 

Created by act of the General Assembly of 1909. 



STATE BOARD OF OSTEOPATHIC EXAMINATION AND 

REGISTRATION 

Art. 5, Ch. 110, C. S. 

Composition — Five members. 

Personnel — Dr. F. R. Heine, Secretary, Greensboro; Dr. Geo. A. 



Registration for Engineers and Land Surveyors 221 

Griffiths, Wilmington; Dr. S. W. Hoffman, Statesville; Dr. T. T. 
Spence, Raleigh; Dr. F. C. Sharp, High Point. 

Appointment — By Governor from list of five recommendations by 
North Carolina Osteopathic Society. 

Term — Five years overlapping. 

Qualification — Reputable practitioners. 

Compensation — $10 per diem and expenses. 

Function 

To adopt rules for proper discharge of its duties as prescribed; 
to examine qualified applicants for license to practice osteopathy, 
and upon payment of fee of $25 to issue certificates after appli- 
cants have passed satisfactory examination; to issue certificates 
without examination under certain conditions; to refuse or re- 
voke a certificate for cause; to keep a record of its proceedings, 
and a register of all applicants and licenses; to meet annually in 
July and at such other times as may be necessary. Three mem- 
bers of the Board are necessary to constitute a quorum. The 
Board elects its own officers. 

Reports. No reports are required. 

Historical Note 

Created by act of the General Assembly of 1907. 



STATE BOARD OF REGISTRATION FOR ENGINEERS AND 

LAND SURVEYORS 

Ch. 1, P. L. 1921. 

Composition — Five members. 

Personnel — Chas. E. Waddell, Asheville; N. S. Mullican, Walnut 
Cove; P. H. Daggett, Chapel Hill; Gilbert C. White, Durham; C. 
L. Mann, Raleigh. 

Appointment — By Governor. 

Term — Four years overlapping. 



222 State Departments, Boards, and Commissions 

Qualification — Two from engineering faculties of University of 
N. C. and A. and E. College; not more than three from same 
branch of engineering. Resident of State, practice or teaching 
for ten years. 

Compensation — $10 per diem and expenses. 



Function 

To adopt suitable by-laws and regulations necessary to carry 
out provisions of act; to elect annually a chairman, vice-chairman 
and secretary, and a quorum of three is required; to meet twice a 
year or oftener; to examine, upon payment of fee of $25 by engi- 
neers, or $10 by land surveyors, qualified applicants to practice 
engineering or land surveying and to issue a certificate of registra- 
tion to those successfully completing prescribed examination; to 
renew certificate annually upon payment of $5; to revoke a certi- 
ficate for cause; to keep a record of its proceedings and a register 
of all applicants and registrants; to prepare, publish and distribute 
annually roster of registrants. 

Reports. The Board is required to submit to the Governor an- 
nually, before March 1st, a report of its transactions and state- 
ment of receipts and expenditures. 

Secretary. To receive and account for all monies derived 
through fees and pay them to the State Treasurer who shall keep 
such money in a separate fund, which shall be continued from year 
to year. All certified expenses of Board shall be paid out of this 
fund on warrant of Auditor issued on requisition signed by chair- 
man and secretary of Board, provided, however, that at no time 
shall the total of warrants issued exceed the total amount of funds 
accumulated under this act. The secretary is required to give 
bond satisfactory to State Treasurer, premium to be paid out of 
fund. 

Historical Note 

Created by act of the General Assembly of 1921. 



State Licensing Board for Contractors 223 

STATE LICENSING BOARD FOR CONTRACTORS 

Ch. 318, P. L. 1925. 

Composition — Five members. 

Personnel — C. D. Rigsbee, Durham; R. C. Stevens, Asheville; 
U. A. Underwood, Wilmington; H. P. Grier, Jr., Statesville; F. M. 
Laxton, Charlotte. 

Appointment — By Governor. 

Term — Five years overlapping. 

Qualification — At least one member to be engaged primarily in 
highway construction, one in construction of public utilities, and 
one in construction of buildings. 

Compensation — Expenses. 

Function 

To select a chairman, a vice-chairman, and a secretary-treasurer 
and to make by-laws and regulations; to adopt a seal; to meet in 
April and in October and at such special times as it may decide 
upon, three members constituting a quorum; to receive applications 
for examination, when accompanied by $20; to give examination 
to any acceptable applicant and to issue certificate of license for 
practice as a general contractor, if the result of the examination is 
satisfactory ; to give reexamination without extra charge ; to revoke 
licenses for cause; to hear and act on charges made against any 
licensed general contractor; to turn over for equal division between 
the engineering departments of the State University and the State 
College of Agriculture and Engineering all funds above the ex- 
penses of the board for the current year; to submit to the Gov- 
ernor by March 1 of each year a report of its transcations for the 
preceding year. 

The secretary-treasurer shall keep a roster of all licensed gen- 
eral contractors in the State, a register of all applicants for license, 
and a record of the proceedings and finances of the board. 

Historical Note 

Created by act of the General Assembly of 1925. 



PARTY 
STATE EDUCATIONAL INSTITUTIONS 



1. University of North Carolina. 

2. North Carolina State College of Agriculture and 

Engineering. 

3. North Carolina College for Women. 

4. Cullowhee State Normal School. 

5. Appalachian State Normal School. 

6. East Carolina Teachers' College. 

7. North Carolina Normal Schools and Colleges for the 

Colored Race. 

(A) Fayetteville Colored Normal School. 

(B) Elizabeth City Colored Normal School. 

(C) Winston-Salem Teachers' College. 

(D) North Carolina College for Negroes (Durham). 

(E) Negro Agricultural and Technical College of North 
Carolina (Greensboro). 

8. Cherokee Indian Normal School of Robeson County 

(Pembroke). 



UNIVERSITY OF NORTH CAROLINA (Chapel Hill) 

Sees. 6, 7, 14, Art. IX. Constitution; Art. I, Ch. 96, C. S. 

H. W. Chase, President 

Board of Trustees (102) — One hundred elected by joint ballot of 
the General Assembly; Governor, President ex officio; Superin- 
tendent of Public Insti-uction ex officio; Treasurer, Secretary, 
elected by Board. 

Terms — Eight years. 

Compensation — Not stated. 

Qualification — Sixteen must reside near University or Capital. 

Function 

Trustees. To meet annually at such time and place as pre- 
scribed by law or by the Governor, ten trustees constituting a 
quorum competent to exercise full power and authority of the 
Board; to remove trustees for cause; to make suitable rules and 
regulations for the management of the University, not inconsistent 
with the laws and Constitution; to appoint an executive committee 
from their own number with such powers as they may grant; to 
appoint the president, professors, tutors and other officers as they 
deem necessary, and to remove same for cause; to exercise such 
financial control and powers as prescribed by law and are vested 
in a body politic and corporate. The trustees may appoint special 
meetings as necessary, subject to statutory limits thereon. 

To have charge of all construction, enlargement and permanent 
improvements; to purchase all supplies, materials and equipment. 

GOVERNOR. To preside over meetings of trustees or to appoint 
some member to act for him; to appoint special meetings of Board, 
but no special meeting shall have power to revoke or alter any 
order, resolution or vote of an annual meeting; to fill temporarily 
vacancies in office of Secretary and Treasurer. 

President and Faculty. To have the power, by and with the 
consent of the trustees, of conferring all such degrees or marks of 
literary distinction as are usually conferred by colleges or uni- 
versities; to make suitable laws and regulations for the govern- 



228 State Educational Institutions 

ment of the University and preservation of order and good morals 
therein. 

Reports. To have annual reports made to the Governor, to be 
transmitted by him to the General Assembly, showing the receipts 
of the corporation from all sources and expenditures of same. 

Objects and Purposes. To instruct the youth of the State in 
the arts, sciences, professions, and higher branches of learning; 
to inculcate the principles of good citizenship, and to advance 
knowledge and standards of education. 

Divisions of Instruction and Administration. College of 
Liberal Arts, School of Applied Science, School of Education, 
School of Commerce, Graduate School, School of Law, School of 
Medicine, School of Pharmacy, School of Engineering, School of 
Public Welfare, Summer School, Extension Division, the University 
Library, and the University of North Carolina Press. 

The University is a member of the Association of American Uni- 
versities; all of its professional schools are of "A" grade; and its 
degrees are evidences of high-grade qualifications. 

Historical Note 

The University of North Carolina is at Chapel Hill, Orange 
County, near the middle of the State. Its charter was granted in 
1789; the cornerstone of the first building was laid in 1793, and 
students were admitted in 1795. The campus of 48 acres and 
about 550 acres of forest contiguous to it were given by the citizens 
of the county. 

All the buildings erected for 112 years were given by friends of 
the University, the first direct appropriation from the Legislature 
for construction being $50,000 for a chemistry building in 1905. 
Of the total amount received by the institution from all sources, 
since its foundation, one-half has been contributed by alumni and 
other friends. 

During the Reconstruction period after the Civil War the Uni- 
versity was stripped of its funds, and much of its property and 
equipment was destroyed. From 1870 to 1875 its doors were closed. 

For the first eighty years of its existence the University re- 
ceived no money from the State for maintenance. When it was 



University op North Carolina 229 

reopened in 1875, with practically nothing but empty halls and 
meagre contributions from friends, the interest from the Land- 
Script Fund ($7,500) was turned over to it, but this was later 
withdrawn. In 1881, the Legislature made its first direct ap- 
propriation for maintenance, granting $5,000 to cover one year. 
The State, however, has steadily increased its support until the 
present annual appropriation for maintenance is $880,000. Since 
1920, also, the State has practically rebuilt the old plant and has 
added new buildings. The State has spent for permanent improve- 
ments since 1920, $5,160,000. As a result the State of North Caro- 
lina possesses in the University a plant valued at about $8,000,000. 

Instruction was given by the University for the years 1921-1928 
as follows: 

Summer 
School Extension Total 

1096 157 2926 

1348 401 3724 

1492 1277 5076 

1703 2092 6275 

1733 2823 7061 

1236 2697 6497 

1436 3350 7580 

2019 3514 8037 

The parents of the students represent all professions, creeds, 
and parties in the State. The leading professions represented 
are farmers, merchants, lawyers, physicians, manufacturers, min- 
isters, teachers. The leading churches are: Methodist, Baptist, 
Presbyterian, Episcopal. 

Over one-half of the students earn or borrow, in part or in 
whole, the money for their education. Some 87 of them earn 
their board by waiting at the table. Few of the families from 
which these students come are able to stand the strain of the sup- 
port of a son at college without stringent economy or even many 
sacrifices. About one-half of the graduates start out as teachers. 

There is a splendid spirit of democracy about this institution 
which opens the doors of achievement to all alike and places at- 





Resident 




Students 


1921-1922 


1679 


1922-1923 


1975 


1923-1924 


2307 


1924-1925 


2480 


1925-1926 


2505 


1926-1927 


2527 


1927-1928 


2794 


1928-1929 


2504 



230 State Educational Institutions 

tainment upon merit alone. It is emphatically a place "where 
wealth is no prejudice and poverty is no shame." 



SUMMARY 

Charter granted 1789 

Opened 1795 

Acres of land owned 598 

Value of buildings, equipment and land $7,712,413.00 

Invested funds $2,232,575.00 

Number of volumes in library, 1928 200,000 

Number of students, 1928 8,037 

Number of faculty, 1928 201 

Income from State, 1928-1929 $ 880,000.00 

Income from students, 1927-1928 $ 284,400.00 

Income from invested funds, 1927-1928 $ 90,000.00 

PRESIDENTS OF THE UNIVERSITY 

No president 1795-1804 

Joseph Caldwell 1804-1835 

David L. Swain 1835-1868 

Solomon Pool 1869-1870 

University closed 1870-1876 

Kemp P. Battle 1876-1891 

George T. Winston 1891-1896 

Edwin A. Alderman 1896-1900 

Francis P. Venable : 1900-1914 

Edward K. Graham 1914-1918 

Harry W. Chase 1919- 



College op Agriculture and Engineering 231 

NORTH CAROLINA STATE COLLEGE OF AGRICULTURE 
AND ENGINEERING (Raleigh) 

Public Laws of North Carolina, Session 1923, Chapter 47. 

Eugene Clyde Brooks, President. 

Board of Trustees (62) — Sixty, elected by joint ballot of both 
Houses of the General Assembly; Governor, President ex officio; 
State Superintendent of Public Instruction, ex officio. 

Term — Eight years, overlapping. 

Function 

Trustees. There shall be an annual meeting of the Board of 
Trustees in the city of Raleigh. At any of the annual meetings of 
the Board any number of trustees, not less than twenty, shall con- 
stitute a quorum and be competent to exercise full power and 
authority to transact any of the business of the corporation, and 
the Board or the Governor shall have power to appoint special 
meetings of the trustees at such time and place as, in their 
opinion, the interest of the corporation may require. 

The Board of Trustees shall have power to vacate the appoint- 
ment and remove a trustee for improper conduct, stating the 
cause of such removal on their journal; but this shall not be done 
except at an annual meeting of the Board, and there shall be pres- 
ent at the doing thereof at least twenty members of the Board. 

Whenever any vacancy shall happen in the Board of Trustees it 
shall be the duty of the Secretary of the Board of Trustees to 
communicate to the General Assembly the existence of such 
vacancy, and thereupon there shall be elected by joint ballot of 
both Houses a suitable person to fill the same. 

The trustees shall have power to make such rules and regula- 
tions for the management of the North Carolina State College of 
Agriculture and Engineering as they may deem necessary and 
expedient, not inconsistent with the constitution and laws of the 
State. 

The trustees shall have power to appoint from their own number 
an executive committee of seven members, which shall meet at the 
call of the Governor or president of the Board of Trustees. 



282 State Educational Institutions 

The trustees shall have the power of appointing a president of 
the North Carolina State College of Agriculture and Engineering 
and such professors, tutors, and other officers as to them shall ap- 
pear necessary and proper, whom they may remove for misbe- 
havior, inability, or neglect of duty. 

Governor. The Governor shall preside at all the meetings of 
the Board at which he may be present. 

President and Faculty. The Faculty of the North Carolina 
State College of Agriculture and Engineering, that is to say, the 
President and professors, by and with consent of the trustees, shall 
have the power of conferring all such degrees or marks of literary 
distinction as are usually conferred by colleges. 

Reports. It shall be the duty of the trustees to cause annual 
reports to be made to the Governor, to be transmitted by him to the 
General Assembly, showing the receipts of the corporation from all 
sources, and the expenditures thereof, with the objects for which 
such expenditures were made. 

Historical Note 

The North Carolina State College of Agriculture and Engineer- 
ing is the outgrowth of an idea fostered by two distinct movements, 
each somewhat different in its original aims. One movement, rep- 
resented by a group of progressive young North Carolinians, 
banded together in Raleigh as the Watauga Club, sought to bring 
about the organization of an industrial school for the teaching of 
"woodwork, mining, metallurgy, and practical agriculture." The 
other movement, originating among the farmers in North Carolina, 
and actively sponsored by Colonel L. L. Polk, then editor of the 
Progressive Farmer, had as its object the establishment of an agri- 
cultural college supported by State appropriations and by the Land 
Script Fund of the Federal Government. 

On March 7, 1885, a bill introduced by the Honorable Augustus 
Leazar of Iredell County looking to the founding of an "industrial 
school" was passed. The Board of Agriculture, by authority of this 
bill, accepted as the best offer for the location of the "school" the 
proposal of the city of Raleigh. As the idea of the "school" ma- 
tured, it broadened; and with the prospect of an appropriation by 



College of Agriculture and Engineering 233 

Congress, supplementing the first Morrill Land Grant Act, for the 
support of agricultural and mechanical colleges, the "school" was, 
by act of the General Assembly of 1887, changed into The North 
Carolina College of Agriculture and Mechanic Arts. 

The newly created College was allotted the Congressional Land 
Script Fund and "any surplus from the Department of Agricul- 
ture." Mr. R. Stanhope Pullen, a broad-minded, generous citizen 
of Raleigh, gave a beautiful site for the College in a tract of 
eighty-three acres of land adjacent to the city on the west. Ap- 
propriations by the State, which have been continued and enlarged 
as needs increased, were made for buildings and maintenance. 

The first building was completed in 1889, and in October of that 
year the doors of the College were first opened for students. 
Seventy-two, representing thirty-seven counties, enrolled. The 
faculty consisted of six professors and two assistants. 

Congressional appropriation for immediate college use made in 
the Morrill Land Grant Act of 1862 was increased by the Second 
Morrill Act of 1890 and by the Nelson Act of 1907. The College 
also receives from the Federal Government under Acts of 1887 
and 1906 funds for the Agricultural Experiment Station, and 
under an Act of 1914, funds for Extension Work in Agriculture. 
Since July 1, 1925, the College has received an annual Federal 
appropriation under the Purnell Act. The War Department main- 
tains at the College a Unit of the Reserve Officers' Training Corps. 

Acting on the suggestion from the alumni and other friends of 
the College, the General Assembly in 1917 changed the name of the 
College from the North Carolina College of Agriculture and Me- 
chanic Arts to North Carolina State College of Agriculture and 
Engineering. 

During the history of the College, covering a period now ap- 
proaching forty years, five presidents have directed its progress, 
namely : 

Alexander Q. Holladay 1889-1899 

George Tayloe Winston 1899-1908 

Daniel Harvey Hill 1908-1916 

Wallace Carl Riddick 1916-1923 

Eugene Clyde Brooks (June) 1923- • 



234 State Educational Institutions 

The Organization of State College 

THE SCHOOLS AND THEIR PROFESSIONAL OBJECTIVES 

The College is divided into six closely related schools: (1) The 
School of Agriculture, (2) The School of Education, (3) The 
School of Engineering, (4) The School of Science and Business, 
(5) The Textile School, and (6) The Graduate School. The 
courses offered in each are grouped according to definite vocational 
aims, and students entering will be directed first to elect a vo- 
cation. 

There are thirty-six major vocations open to young men in the 
State, for which State College offers from four to seven years 
training in technical, scientific, and professional service. 

PURPOSES OF THE SCHOOLS 

The purpose of the School of Agriculture is threefold: (1) To 
secure through scientific research, experimentation, or demonstra- 
tion, accurate and reliable infox - mation relating to soils, plants, 
and animals, and to secure from every available source reliable 
statistical, technical, and scientific data relating to every phase of 
agriculture that might be of advantage to our State; (2) to pro- 
vide instruction in College for young men who desire to enter the 
field of general agriculture, or who wish to become professionals in 
agricultural education, or specialists in any field of science related 
to agriculture; and (3) to disseminate reliable information through 
publications and extension agents, and through a wise use of this 
information to give instruction to the agricultural workers of the 
State in the scientific, experimental, and practical progress in the 
various lines of agriculture. 

The Purpose of School Education is (1) To promote the teaching 
of Agriculture and Homemaking in our rural schools by training 
teachers of agriculture and homemaking; (2) to aid in broadening 
the curricula of our rural high schools by training principals who 
understand how to relate the curricula to the life of the people; 
(3) to promote the teaching of industrial arts in our city and rural 
schools by outlining programs of work in these fields for superin- 
tendents, and by preparing teachers to give instruction in these 
specialized subjects, and (4) to prepare teachers in special fields 



College of Agriculture and Engineering 235 

of science, physical education, commercial subjects, and vocational 
guidance. 

The Purpose of the School of Engineering is threefold: (1) To 
educate men for professional service in Architectural, Chemical, 
Ceramic, Civil, Electrical, Highway, and Mechanical Engineering, 
and at the same time to equip them to participate in public affairs 
and to develop their capacities for intelligent leadership; (2) to 
aid in the development of our commerce and industry through re- 
search and experimentation, to open up our undeveloped natural 
resources and demonstrate their value to the people of the State; 
(3) to cooperate with private and municipal corporations for the 
purpose of improving our public utilities, and with commercial and 
industrial organizations through scientific research for increasing 
technical skill, improving the value of manufactured products, and 
eliminating waste. 

In order to make effective these purposes, the School of Engineer- 
ing is organized into six departments: Architectural, Civil (in- 
cluding Highway Engineei'ing), Electrical, Mechanical, Ceramic, 
and Chemical Engineering, and in addition, the Engineering Ex- 
periment Station and Extension Service. 

The purpose of the School of Science and Business is: (1) To 
provide systematic instruction for young men desiring to enter 
managerial positions in business or industry, the technical train- 
ing being secured in the Schools of Agriculture, Engineering, and 
Textiles; (2) to supply those broadening courses required of 
students in each of the six Schools of the College, and to supple- 
ment the technical training in Agriculture and Engineering by 
systematic instruction in Language, Literature, History, Citizen- 
ship, Economics, and the other Social Sciences, in order to give 
the young men trained for technical service a higher conception 
of their duties and obligations as citizens and leaders in our State 
and Nation; (3) to secure through economic research, reliable 
data pertaining to social and industrial organizations and the busi- 
ness of agriculture, and to collect from all available sources use- 
ful information concerning farm statistics, marketing, industrial 
management, and social cooperation, that this information may be 
available for the students and be disseminated through publica- 
tions and Extension Agents in order to increase wholesome in- 



236 State Educational Institutions 

struction in proper human relationships, that our people may learn 
how to cooperate as the demands for cooperation increase. 

The purpose of the Textile School is: (1) To promote the textile 
industries of the State by giving instruction in the theory and 
practice of all branches of the textile industry; (2) to cooperate 
with the textile mills of the State in securing, through scientific 
research and experimentation, reliable data pertaining to the tex- 
tile industry; (3) to educate men for professional service in Textile 
Manufacturing, Textile Design, Textile Chemistry and Dyeing, and 
(4) to demonstrate the value of economic diversification and to aid 
in the development of the textile industry through research and 
experimentation. 

The purpose of the Graduate School is to provide advanced study 
and research for college graduates desiring to specialize in the 
following subjects: Agricultural Economics, Agronomy, Animal 
Husbandry, Horticulture, Poultry Science, the Biological Sciences, 
Rural Sociology, Chemistry, Physics, Business Administration, In- 
dustrial Management, Agricultural Engineering, Chemical En- 
gineering, Civil Engineering, Electrical Engineering, Mechanical 
Engineering, Textile Manufacturing, Textile Engineering, Textile 
Chemistry and Dyeing, and Vocational Education. In addition to 
the above specialization, it offers courses for those desiring to be- 
come teachers in colleges. 

A six weeks Summer School is conducted at the College each 
year. The purpose of the Summer School is to serve farmers and 
farm women of the State, teachers of agriculture, extension work- 
ers, teachers of industrial arts and of industrial education, prin- 
cipals and teachers of high schools, especially teachers of science, 
and persons interested in executive and administrative positions in 
industry — a service State College is well equipped to render. 

STATISTICAL SUMMARY 

(July 1, 1928) 

Number of buildings 37 

Number of acres of land 490 

Value of buildings, equipment and land $4,131,015.00 

Number of students 1621 

Number of teaching faculty 138 



North Carolina College for Women 237 

Income from State $ 425,000.00 

Income from students (not including board) $ 200,603.00 
Income for instruction from Federal Govern- 
ment $ 46,893.00 

Other income from miscellaneous sources $ 43,942.00 

short courses and correspondence courses 

Summer School enrollment 1224 

Short Courses and Correspondence Course: 

In Agriculture 2591 

In Education 42 

In Egineering 396 

In Science and Business 325 

Total 4578 

agricultural co-operative extension service 

Number Extension Specialists 39 

Income from State - -$ 175,000.00 

Income from Federal Government $ 227,356.06 

Number County Farm Agents (White) 76 

Number County Farm Agents (Colored) 18 

Number County Home Agents (White) 48 

Number County Home Agents (Colored) 6 

AGRICULTURAL RESEARCH 

Number Research Specialists 23 

Income from State Department of Agricul- 
ture $ 60,000.00 

Income from Federal Government $ 70,000.00 



NORTH CAROLINA COLLEGE FOR WOMEN (Greensboro) 

Art. 4, Ch. 96, C. S.; Ch. 233, P. L. 1927. 

Julius I. Foust, President 

Board of Directors (11) — Ten members; Superintendent of Pub- 
lic Instruction, President ex officio. 



238 State Educational Institutions 

Personnel — A. J. Conner, Rich Square, Secretary; A. E. Waltz, 
Gastonia; J. D. Murphy, Asheville; J. L. Nelson, Lenoir; Mrs. J. 
A. Brown, Chadbourn; Miss Easdale Shaw, Rockingham; J. D. 
Grimes, Washington; Mrs. W. T. Bost, Raleigh; George R. Ward, 
Wallace; H. G. Chatham, Winston-Salem. 

Appointment — State Board of Education, with consent of Senate. 
Term — Six years, overlapping. 

Qualification — No two from same Congressional District. 
Compensation — $4 per diem and 6c per mile while on duty. 

Function 

Board op Directors. To make rules and regulations for the 
government of the corporation and the admission of students, but 
shall not discriminate against any county in the number of students 
allowed it in case all applicants cannot be accommodated; each 
county to have representation in proportion to its white school 
population. 

To appoint a president, professors, tutors and other officers as 
necessary for such terms and conditions as they may prescribe; to 
make such regulations for the government of the college as shall 
not conflict with the laws of the State; to have charge of all con- 
struction, enlargement and permanent improvements; to purchase 
necessary supplies, materials and equipment. Vacancies on the 
Board are filled by appointment by the Board of Education with 
the consent of the Senate. 

Faculty. To confer degrees by and with consent of the Board; 
to extend the influence and usefulness of the college to the persons 
of the State who are unable to avail themselves of its advantages 
as resident students, by extension courses, by lectures and by other 
suitable means. 

Reports. To report biennially, before the meeting of each Gen- 
eral Assembly to the Governor the operations of the corporation. 

Objects and Purpose. To teach young white women all 
branches of knowledge essential to a liberal education; to make 
special provision for training in the science and art of teaching, 
school management and school supervision; to provide women with 
such training in the arts, sciences and industries as may be con- 



North Carolina College for Women 239 

ducive to their self-support and community usefulness; to render 
to the people of the State such aid and encouragement as will tend 
to disseminate knowledge, foster loyalty and patriotism and pro- 
mote the general welfare; to provide free tuition to those who are 
to teach in the schools of North Carolina or enter other fields of 
public service. 

The chief mission of the institution lies in furnishing the public 
school system of the State well-equipped teachers; 17,000 students 
have been enrolled during the last 36 years. 

Historical Note 

The charter of the institution was granted by the general as- 
sembly of 1891, and work began October 5, 1892. The city of 
Greensboro originally donated about ten acres of land and two 
buildings. At present the plant is worth nearly $6,450,000. The 
appropriation for the year 1928-1929 is $470,000. Loan, fellow- 
ship and scholarship funds total $74,931.45. The faculty numbers 
187. There have been enrolled during the present session (i928- 
1929), 1,824 students, and in 1928, during the summer session, 
1,624. Including the number of students doing extension work, 
the total enrollment for the year will be more than 4,000. 

While the chief mission of the institution has been to train 
teachers for the public schools of the State, the curriculum has 
been broadened and the scope of work enlarged until at the pres- 
ent time it is a regular college of liberal arts. Its purpose is to 
provide the state of North Carolina with leaders in every ap- 
propriate activity. 

In addition to the regular courses of collegiate rank, studies in 
the commercial branches are being offered. 

The patronage of the institution has well justified the wisdom 
of its founders. The 17,000 young women who have studied at the 
college during the 36 years of its existence have been drawn from 
all of the 100 counties in the State. In their political and re- 
ligious faith, financial condition, professional and social life, in- 
tellectual status and previous educational opportunities, they are 
representatives of the people of North Carolina. 

This gathering of all classes from the several sections of the 
State has created at the college an atmosphere of wholesome 



'240 State Educational Institutions 

democracy. The spirit of the State institution for women is, there- 
fore, one in which its representatives acquire and foster that 
larger sympathy, that breadth of vision, and that intelligent in- 
sight into the needs of their State which no mere academic train- 
ing can be expected to give. 

That the college has been of service to North Carolina is sug- 
gested by what has been said of the scope and character of its 
patronage. Since its beginning it has been an open door of ex- 
pression for the women of the State. 

Through the institution, North Carolina has added to its re- 
sources more than 17,000 educated women, who have taught les- 
sons of patriotism and right living to the children of the State. 
Two-thirds of all the students enrolled and nine-tenths of all who 
have graduated have become teachers in North Carolina. No 
large movement for the improvement of conditions in the State 
has failed to have the support of its students and faculty. To- 
day there is not a county in the State where representatives of the 
college may not be found engaged actively in the sei'vice of the 
public. 

THE SUMMER SESSION 

The special purpose of the institution in organizing the summer 
session was to offer instruction to those women in the State whose 
occupation during the other months of the year prevented at- 
tendance during the regular session. In the choice and arrange- 
ment of the summer courses, the college has had in view the needs 
of the following groups : 

1. Teachers desirous of special work in the principles and 
methods of teaching, along with opportunities for practice and ob- 
servation under experienced supervisors. 

2. Teachers wishing collegiate courses in philosophy, science, 
psychology and history of education. 

3. Teachers of special subjects, such as home economics, pen- 
manship, public school music, piano and fine and industrial arts. 

4. High school teachers wanting advanced or additional work 
in their specialties and as further aid to their study the free use 
of good departmnetal libraries and well equipped laboratories. 

5. College students desirous of earning additional credits, and 



Cullowhee State Normal School 241 

those who, having begun a college course, have been prevented 
from completing it. 

6. Teachers who hold baccalaureate degrees and wish by work 
in the summer sessions to secure masters' degrees. 

7. Mothers, wives, and home-makers who feel the desire to 
obtain help in the study of food and its values, cookery, con- 
veniences in the kitchen, nursing, sanitation and decoration in the 
household. 

SUMMARY OF ENROLLMENT DURING THE SESSION 1928-1929 

Enrolled during regular session (estimated) 1,850 

Enrolled during summer session, 1928 1,634 

Enrolled in extension courses 355 

Enrolled in the training school 377 

Total 4,216 

SUMMARY 

Established 1891 

Buildings (including 7 faculty residences) 44 

Acreage 360 

Value $6,450,000 

Students, regular session 1,850 

Students, summer school 1,634 

Students, extension 355 

Students, training school 377 

Total number of students 4,216 

Faculty (including officers, physicians, clerks)- 187 

Appropriations, 1928-1929 $ 470,000 



CULLOWHEE STATE NORMAL SCHOOL (Cullowhee) 

Art. 5, Ch. 96, C. S. ; Ch. 61, P. L. 1921; Ch. 270, P. L. 1925; Ch. 233, 

P. L. 1927. 

H. T. Hunter, President 

Board of Trustees — Nine members. 

Personnel — Reuben Robertson, Canton; Mrs. Giles Cover, An- 
drews; J. E. Coburn, Bryson City; T. H. Shipman, Brevard; Don 



242 State Educational Institutions 

Elias, Asheville; C. C. Buchanan, Sylva; N. B. McDevitt, Marshall; 
J. L. Hyatt, Burnsville; Thomas W. Bird, Asheville. 

Appointment — By Governor and Senate. 

Term — Four years. 

Qualifications — None specified. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function of School 

Section 8 of the charter for Cullowhee states the purpose of the 
school as follows: 

"That the central purpose of the Cullowhee State Normal School 
shall be to prepare teachers for the public schools of North Caro- 
lina. To that end the President shall prepare courses of study, 
subject to the approval of the State Superintendent of Public In- 
struction. It shall be the duty of the State Superintendent to visit 
the Cullowhee State Normal School from time to time, and to ad- 
vise with the President about standards, equipment and organiza- 
tion, to the end that a normal school of high grade shall be 
maintained. The standards shall not be lower, in the mam, than 
the average standard of normal schools of like rank in the United 
States." 

Cullowhee is thus committed in its charter to the training of 
teachers as its central purpose. At present, it is devoting its ener- 
gies to the training of elementary teachers. It is possible that, a 
little later, it may undertake to prepare teachers for the high 
schools as well as for the elementary schools. But, with the pres- 
ent limitations as to plant, it is not thought that any considerable 
extension of the program could be justified. 

The Board of Trustees meets annually, elects its own officers, 
holds the property of the school in trust for the State, selects the 
President and fixes his salary, and, upon recommendation of the 
President, elects all teachers and employees and fixes their duties, 
tenure of office, and salaries. 

Reports. The Secretary of the Board (President of the School) 
shall submit annually a detailed report of the school for the pre- 
ceding year to the Board and to the State Superintendent of Public 
Instruction. 

For a quarter of a century the Cullowhee Normal was a four- 
year high school, and in addition offered certain academic and 



Appalachian State Normal School 243 

educational courses. Up to 1923-24, the high school students con- 
stituted a majority of the student body. The past five years have 
witnessed the elimination of the high school department, so that 
since 1927, there have been no high school students under the con- 
trol of the Normal at Cullowhee. The school is, therefore, free to 
devote its energies and its resources to the training of teachers. 
The authorties at Cullowhee feel that the legislative appropriation 
to Cullowhee State Normal School was made solely for the purpose 
of guaranteeing more and better teachers for the Public Schools of 
North Carolina. 

SUMMARY 

Founded 1889 

Buildings — For school purposes 6 

Buildings — Faculty residences, etc 6 

Acreage 385 

Instructors 22 

Normal Students, Regular Session 1927-28 350 

Normal Students, Summer 1928 432 

Value of Plant $600,000 

Annual Appropriation for Maintenance $ 55,000 



APPALACHIAN STATE NORMAL SCHOOL (Boone) 

Art. 8, Ch. 96, C. S. ; Ch. 61, P. L. 1921; Ch. 204, Priv. Laws, 1925; 

Ch. 233, P. L. 1927. 

B. B. Dougherty, President 

Board of Trustees — Nine members. 

Personnel — J. M. Barnhardt, Lenoir; W. C. Newland, Lenoir; 
Eugene Transou, Sparta; G. H. Geitner, Hickory; T. C. Bowie, 
Jefferson; Miss Celeste Henkle, Statesville; H. H. Sullivan, Ashe- 
ville; Hugh A. Cranor, Wilkesboro. 

Appointment — By Governor with confirmation of the Senate. 

Term — Four years overlapping. 

Compensation — $4 per diem and 6c per mile while on duty. 



244 State Educational Institutions 

Function 

To give a two-year normal college course based upon high 
school graduation to teachers of elementary schools in North Caro- 
lina. 

SUMMARY 

Established 1903 

Buildings 18 

Acreage 435 

Value of buildings and equipment $1,000,000 

Value of land ---? 81,000 

Students 2,327 

Faculty 22 

Appropriation, 1928-29 -$ 68,000 



EAST CAROLINA TEACHERS' COLLEGE (Greenville) 

Art. 9, Ch. 96, C. S. ; Ch. 68, P. L. 1920— Extra Session; Ch. 27, P. L. 1921— 
Extra Session; Ch. 306, P. L. 1925; Chs. 164, 233, P. L. 1927. 

Robert H. Wright, President 

Board of Trustees (13) — Twelve members appointed by the 
Governor; Superintendent of Public Instruction, Chairman ex 
officio. 

Personnel — F. C. Harding, Greenville; L. W. Tucker, Green- 
ville; D. S. Boykin, Wilson; Mrs. W. B. Murphy, Snow Hill; J. S. 
Hargett, Trenton; J. L. Griffin, Pittsboro; Henry C. Bridgers, Tar- 
boro; Wayne Mitchell, Kinston; E. G. Flanagan, Greenville; H. D. 
Williams, Kenansville; O. P. Makepeace, Sanford; W. S. Moye, 
Rocky Mount. 

Term — Four years. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To prescribe the course of study, laying emphasis on the sub- 
jects taught in public schools of the State, and on the art and 



East Carolina Teachers College 245 

science of teaching; to waive tuition charges to those who agree to 
teach; to make no rules that discriminate against one county in 
favor of another in the admission of pupils into said school; to 
present diplomas of graduation and certificates of proficiency upon 
the recommendation of the faculty; and to confer degrees. 

To have charge of all construction, enlargement and permanent 
repairs; to purchase necessary supplies, material and equipment. 

Reports. The trustees report biennially to the Governor before 
the meeting of each General Assembly the condition and needs of 
the school, and essential facts concerning its operation. 

Historical Note 

East Carolina Teachers' College was established by act of the 
General Assembly of 1907. The college is located at Greenville. 
The site contains 91 acres of land, a large part of which is a 
natural forest. 

Twenty-one buildings have been erected, including four dormi- 
tories for girls with a capacity of 790 students; a dormitory for 
women teachers and administrative officers; an administration 
building containing the offices, auditorium and class rooms; a 
dining unit consisting of two dining halls, a kitchen, lobby, store 
rooms for food supplies, and a refrigerating plant; an infirmary; 
a building containing the power plant and laundry; two eight- 
room elementary training schools; a residence for the president; a 
library, four residences for members of the faculty; a social re- 
ligious building; a Y. W. C. A. "hut"; and several accessory 
buildings. 

The buildings and equipment are modern in every sense, and 
are valued at $2,900,000. The town of Greenville and the county 
of Pitt voted $100,000 in bonds for this college, and the State has 
made an appropriation of $1,954,325.57 for buildings and equip- 
ment. These buildings have not yet been thoroughly equipped, but 
enough equipment has been installed to enable the college to do 
efficient work. The equipment installed is of the best type pro- 
curable. 

Section 5864 of the charter reads: "That the said college shall 
be maintained by the State for the purpose of giving the young 



246 State Educational Institutions 

white men and women such education and training as shall fit and 
qualify them to teach in the public schools of North Carolina." 

This clearly sets forth the purpose of the college. To those 
students who agree to teach there is no charge for tuition. Prac- 
tically all of the students sign this agreement. This shows that 
the management is adhering to the purpose of the college as 
stated in its charter. 

The college was first opened for students on October 5, 1909. 
During the past nineteen years, including the summer terms, there 
have been enrolled 20,816 students. There have been 1,442 gradu- 
ates of the two-year normal course; and 154 of the four-year 
teachers' college course. 

SUMMARY 

Founded 1907 

Number of buildings 21 

Number of acres of land 91 

Enrollment, 1927-28 (net) 1379 

Number of graduates, 1927-28 281 

Total all graduates 1596 

Appropriation, 1928-29 $200,000 



NORTH CAROLINA NORMAL SCHOOLS AND COLLEGES FOR 

THE COLORED RACE 

N. C. Newbold, Director, Raleigh 

The State maintains three colleges and two standard normal 
schools for the training of Negro teachers. The Agricultural and 
Technical College, at Greensboro, trains teachers in Vocational 
Agriculture, Trades and Industries; Winston-Salem Teachers' 
College, at Winston-Salem, emphasizes the training of elementary 
school teachers, supervisors and principals; North Carolina College 
for Negroes, at Durham, is offering courses for the training of high 
school teachers, and liberal arts and commercial courses. The 
normal schools for Negroes are located at Fayetteville and Eliza- 
beth City. 



Normal Schools for the Colored Race 247 



The first superintendent of these schools was Charles L. Coon, 
elected in 1904. In January, 1907, he was succeeded by John 
Duckett, who died November 16, 1908. J. A. Bivens was superin- 
tendent from January, 1909, until his death, March 2, 1913. E.*E. 
Sams was superintendent from March, 1913, to June 1, 1919. A. T. 
Allen was superintendent from June 1, 1919, to June 30, 1921. The 
Legislature of 1921 created a Division of Negro Education in the 
Department of Public Instruction with the following personnel: 
N. S. Newbold, director; G. H. Ferguson, assistant director; H. L. 
Trigg, supervisor of Teacher-Training and High Schools; W. F. 
Credle, supervisor of the Julius Rosenwald Fund; G. E. Davis, 
supervisor of Rosenwald Buildings; Mrs. Annie W. Holland, super- 
visor of Elementary Schools; Miss Annabel Pratt, secretary; Miss 
Emily Guilford, clerk for Jeanes and Rosenwald Funds; S. A. 
Dickerson, stenographer. The director of this division is an ex 
officio member of the Boards of Trustees of these schools (except 
the colleges in Durham and Greenboro), and this division has gen- 
eral supervision of the schools. 

In 1921 the Legislature made available appropriations for im- 
provement and maintenance for Negro education to the amount of 
$829,000. 

In 1923 the General Assembly made available the following ap- 
propriations for the purposes indicated: 

For building and improvements at the Negro 

State Normal Schools $ 469,000 

For a similar purpose at the Agriculture and 

Technical College 455,000 

For the establishment of a reformatory for de- 
linquent Negro boys 50,000 

Total for building (two-year period) $974,000 

Maintenance appropriation for the Normal 
Schools, Agricultural and Technical College, 
Division of Negro Education, Teacher Training 
in private schools, summer schools, high schools 316,000 



Grand total $1,290,000 



248 State Educational Institutions 

In 1925 the General Assembly made available appropriations for 
the purposes indicated: 

For building and improvements at the Negro 

State Colleges $100,000 

For building and improvements at the Negro 

State Normal Schools 60,000 

Total for building (two-year period) 160,000 

Maintenance appropriation for the Negro Col- 
leges, Negro Normals, Morrison Training 
School, Division of Negro Education, Teacher 
Training in private schools, summer schools 
and rural school supervision 529,530 

Grand total $689,530 

In 1927 the General Assembly made available appropriations for 
the purposes indicated: 

For the Negro State Normal Schools, North Carolina College 
for Negroes, Agricultural and Technical College, Morrison Train- 
ing School for Negro Boys, Efland Industrial School for Negro 
Girls, Teacher Training in private schools, Summer Schools, Di- 
vision of Negro Education, and Jeanes Supervisors. 

Maintenance (two-year period) $606,764 

Permanent Improvements (two-year period). 385,000 

$999,764 

All of the property of these normal schools is held by the State 
Board of Education. 



(A) FAYETTEVILLE COLORED NORMAL SCHOOL 

Art. 7, Ch. 96, C. S. ; Ch. 61, P. L. 1921; Ch. 306, P. L. 1925; 
Ch. 233, P. L. 1927. 

E. E. Smith, Principal; J. W. Seabrook, Vice Principal; 
N. C. Newbold, Director, Raleigh 

Board of Trustees — Nine members. 



Fayettevillb Colored Normal School 249 

Personnel — Dixon Phillips, Laurel Hill; H. C. McNair, Maxton; 
M. B. Glover, Bailey; Dr. Allen McLean, Wagram; Dr. J. C. 
Grady, Kenly; H. L. Cook, Fayetteville ; Dr. H. W. Lilly, Fayette- 
ville; V. C. Bullard, Fayetteville; Henderson Steele, Lillington. 

Appointment — By the Governor with confirmation of the Senate. 

Term — Four years. 

Qualification — Genuine interest in Negro Education. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To elect its own president, secretary and treasurer; to have 
general management of the school; to elect teachers and to have 
such other powers of management as are not vested in the State 
Board of Education. For additional powers of State Board, see 
Cherokee Normal. 

Sec. 17, Ch. 146, P. L. 1921. This statute creates a Director of 
Negro Education, appointed by State Board of Education upon the 
recommendation of Superintendent of Public Instruction, who shall 
have supervision of the Negro Normal Schools. 

Object and Purpose. To teach and train young men and 
women of the colored race, from the ages of 15 to 25 years, for 
teachers in the common schools of the State for the colored race, 
provided students, who are educated at State expense, agree to 
teach for not less than three years. 

Most of the Negro teachers in the section where the school is 
located received training at this school. Industrial training, espe- 
cially in domestic science, is required of all. The law provides that 
a preparatory department may be established. 

SUMMARY 

Founded 1877 

Number of buildings 11 

Number of acres of land 50 

Value of buildings $ 288,000 

Value of land $ 20,000 

Value of furniture and equipment $ 32,750 



250 State Educational Institutions 

Number of students below seventh grade 158 

Number of students above seventh grade 356 

State appropriation (maintenance), 1928-29 $ 36,500 

State appropriation (buildings and permanent 

improvements), 1927-29 $ 20,000 



(B) ELIZABETH CITY COLORED NORMAL SCHOOL 

Art. 7, Ch. 96, C. S. ; Ch. 61, P. L. 1921; Ch. 306, P. L. 1925; 
Ch. 233, P. L. 1927. 

P. W. Moore, Principal, Emeritus; J. H. Bias, Principal; W. M. 
Cooper, Vice Principal; N. C. Newbold, Director, Raleigh. 

Board of Trustees — Nine members. 

Personnel — H. G. Kramer, Elizabeth City; C. A. Cook, Eliza- 
beth City; Clyde McCallum, Hertford; Rev. S. A. Cotton, Wash- 
ington; J. M. Glenn, Gatesville; G. R. Little, Elizabeth City; 
T. S. White, Hertford; H. R. Leary, Edenton; Mrs. J. G. Fearing, 
Elizabeth City. 

Appointment — By the Governor with confirmation of the Senate. 

Term — Four years. 

Qualification — Genuine interest in Negro Education. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

Separate Board of Directors. Method of appointment, function, 
object and purpose of school same as at Fayetteville Negro Normal 
School. 

SUMMARY 

Founded 1892 

Number of buildings 15 

Number of acres of land 43 

Value of buildings $ 433,820 

Value of land $ 25,000 

Value of furniture and equipment $ 141,650 



Winston-Salem Teachers College 251 

Number of students below seventh grade 81 

Number of students above seventh grade 298 

State appropriation (maintenance), 1926-27 $ 38,000 

State appropriation (building and improvements 

used in new buildings), 1927-29 $ 10,000 



(C) WINSTON-SALEM TEACHERS' COLLEGE 

Art. 7, Ch. 96, C. S.; Ch. 61, P. L. 1921; Ch. 306. P. L. 1926 

S. G. Atkins, President; H. Liston, Vice President 
N. C. Newbold, Director, Raleigh 

Board of Trustees — Nine members. 

Personnel — Mrs. Lindsay Patterson, Winston-Salem; J. D. 
Humphreys, Danbury; A. D. Folger, Dobson; N. C. Newbold, 
Raleigh; H. E. Fries, Winston-Salem; W. A. Blair, Winston- 
Salem; H. G. Chatham, Winston-Salem; A. H. Eller, Winston- 
Salem; R. S. Montgomery, Reidsville. 

Appointment — By the Governor with confirmation of the Senate. 

Term — Four years. 

Qualification — Genuine interest in Negro education. 

Compensation — $4 per diem and 6c per mile while on duty. 

Historical Note 

The institution was originally founded and incorported in 1892 
as "The Slater Industrial Academy." In 1895 it was recognized 
by the State, and in 1897 chartered as The Slater Industrial and 
State Normal School. The institution in 1905 came fully under 
the control of the State and was re-organized as one of the State 
Normal Schools for the training of Negro teachers. 

At the session of the General Assembly of 1925 the institution 
received a new charter changing its name to "The Winston-Salem 
Teachers' College" and giving it enlarged powers, extending its 
work to four years above high school and empowering it under 
authority of the State Board of Education to confer appropriate 
degrees. 



252 State Educational Institutions 

summary 

Number of acres of land - 55 

Number of buildings 18 

Value of buildings - $ 465,737 

Value of land $ 137,500 

Other property, including furniture and fixtures $ 100,103 

Number of students below seventh grade - none 

Number of students above seventh grade — 287 

Number of students above high school 263 

State appropriation (maintenance), 1928-29 $ 50,000 

State appropriation (buildings and improvements 

used in new building), 1927-29 $ 55,000 



(D) NORTH CAROLINA COLLEGE FOR NEGROES 

(Durham) 

James S. Shepard, President 

Board of Trustees — Twelve members. 

Personnel — N. W. Walker, Chapel Hill; L. M, Carlton, Roxboro; 
E. P. Wharton, Greensboro; Dr. Claude B. Squires, Charlotte; 
J. C. Clifford, Dunn; A. H. Powell, Oxford; J. A. McMillan, Wake 
Forest; R. L. Flowers, Durham; J. B. Mason, Durham; Burke 
Hobgood, Durham; E. A. Muse, Hamlet; Roy Lassiter, Winston- 
Salem. 

Appointment — By the Governor with confirmation of the Senate. 

Term — Four years. 

Qualification — Genuine interest in Negro education. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

Separate Board of Directors. This school is offering courses for 
the training of high school teachers and liberal arts and com- 
mercial courses. The school, founded in 1910, was under private 
control until 1923, when it was named The Durham State Normal 



Negro Agricultural and Technical College 253 

School. In 1925 its name was changed to North Carolina College 
for Negroes. 

SUMMARY 

Number of buildings - 7 

Number of acres of land 50 

Value of buildings - $ 90,000 

Value of land $ 150,000 

Value of equipment $ 10,000 

Number of students of college rank 235 

State appropriation (maintenance) 1928-29 $ 45,000 

State appropriation (buildings and improve- 
ments) , 1927-29 $ 200,000 



(E) NEGRO AGRICULTURAL AND TECHNICAL COLLEGE 
OF NORTH CAROLINA (Greensboro) 

Art. 3, Ch. 96, C. S. ; Ch. 233, P. L. 1927. 

F. D. Bluford, President 

Board of Trustees — Fifteen. 

Personnel — F. W. Dunlap, Wadesboro; S. P. Collier, Winston- 
Salem; J. H. Coward, Ayden; E. H. Bellamy, Wilmington; L. S. 
Covington, Rockingham; S. W. Finch, Lexington; R. F. Beasley, 
Monroe; Dr. Alexander Graham, Charlotte; M. C. S. Noble, 
Chapel Hill; A. M. Scales, Greensboro; C. M. Vanstory, Greens- 
boro; W. L. Poteat, Wake Forest; W. R. Vaughan, Henderson; 
Dr. Archibald Johnson, Thomasville; O. F. Crowson, Burlington. 

Appointment — Elected by General Assembly. 

Term — Six years, each group of five overlapping. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To prescribe rules for the management of the institution and 
preservation of good order and morals; to appoint the president, 
instructors and other officers and servants and fix their salaries; 



254 State Educational Institutions 

to have general and entire supervision of the establishment and 
maintenance of the college; to regulate admission of pupils with 
respect to representation from the several congressional districts; 
to have charge of the disbursement of funds; to receive any dona- 
tion of property or funds made to the college, and invest or expend 
same for benefit of college; to elect an executive board; to elect 
a chairman of the Board annually. 

To have charge of all construction, permanent enlargement and 
repairs; to purchase necessary supplies, material and equipment. 

Executive Board. Consists of three trustee members elected 
by Board of Trustees, who shall have the immediate management 
of the institution when the full board is not in session. 

President and Instructors. By and with consent of Board, to 
have power to confer certificates of proficiency or marks of merit 
and diplomas. 

Reports. None specified. 

Object and Purpose. To teach practical agriculture and the 
mechanic arts and such branches of learning as relate thereto, not 
excluding academical and classical instruction, to the Negro boys 
of this State. 

The college confines its courses of study entirely to agriculture 
and mechanical education and related subjects. No purely 
academic courses are offered. The purpose of the Agricultural De- 
partment is to train practical farmers and teachers of agriculture, 
of the Mechanical Arts Department, to give a thorough knowledge 
of the trades offered. 

Established , 1891 

Buildings 18 

Acreage 270 

Value of buildings and equipment $ 870,000 

Value of land $ 80,000 

Number of students, regular session 441 

Number of students, summer session 398 

Faculty 33 

Appropriation, 1928-29 $ 65,000 



Cherokee Indian Normal School 255 

CHEROKEE INDIAN NORMAL SCHOOL OF ROBESON 
COUNTY (Pembroke) 

Art. 6, Ch. 96, C. S. ; Ch. 61, P. L. 1921; Ch. 306, P. L. 1925; 
Ch. 233, P. L. 1927. 

S. B. Smithey, President 
N. C. Newbold, Director, Raleigh 

Board of Trustees — Nine members. 

Personnel — N. C. Newbold, Chairman ex officio; Edmund Lowery, 

Chairman, Pembroke; James Dial, Lumberton; Ralph Lowery, 
Pembroke; W. D. Oxendine, Buies; G. G. Locklear, Pembroke; A. 
N. Locklear, Pates; L. W. Jacobs, Pembroke; D. F. Lowery, 
Raynham; E. B. Sampson, Pembroke. 

Appointment — By the Governor with confirmation of the Senate. 

Term — Four years. 

Qualification — Cherokee Indians. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To elect the president of Board and define duties; to employ 
and discharge teachers; to exercise the usual functions of control 
and management of said school, action being subject to the ap- 
proval of State Board of Education. The State Board shall make 
all needful rules and regulations concerning expenditure of funds, 
selection of principal, teachers and employees and concerning 
selection of Board of Trustees. In the fall of 1926 a Junior 
Normal class was organized, taking work similar to courses offered 
at Cullowhee and Appalachian Training Schools. 

Reports. Monthly to Division of Indian Education, Raleigh. 

Object and Purpose. To establish and maintain a school of 
high grade for teachers of Cherokee Indians in Robeson County. 

Admission and Qualifications. Cherokee Indians of either 
sex, of Robeson County, not under 11 years of age, who can pass 
an approved examination in spelling, reading, writing, primary 
geography, and fundamental rules of arithmetic, and who agree 



256 State Educational Institutions 

to teach the youth of the race of Cherokee Indians of Robeson 
County, may be admitted. 

In 1921 the Legislature made available appropriations for im- 
provement and maintenance for the Cherokee Indian Normal 
School to the amount of $84,200; in 1923, $73,000; and in 1925, 
$100,000. The biennial appx-opriation for maintenance in 1927 was 
$57,400. 

SUMMARY 

Founded - 1887 

Number of buildings — 16 

Number of acres of land - 25 

Value of buildings $ 109,760 

Value of land $ 12,500 

Value of furniture and equipment $ 39,775 

Number of students below seventh grade none 

Number of students above seventh grade 200 

Appropriation (maintenance) 1928-29 $ 28,700 



PART VI 



STATE[CHARITABLE AND CORRECTIONAL 

INSTITUTIONS 



1. State Hospital at Raleigh. 

2. State Hospital at Morganton. 

3. State Hospital at Goldsboro. 

4. North Carolina Sanatorium for the Treatment of 

Tuberculosis. 

5. North Carolina Orthopaedic Hospital. 

6. Oxford Orphanage. 

7. North Carolina Orphanage for the Colored Race. 

8. The Soldiers' Home. 

9. Confederate Women's Home. 

10. State Prison. 

11. State Bureau of Identification. 

12. North Carolina School for the White Blind and for the 

Colored Blind and Deaf. 

13. North Carolina School for the Deaf. 

14. Stonewall Jackson Manual Training and Industrial 

School. 

15. Gaswell Training School. 

16. East Carolina Industrial Training School for Boys. 

17. State Training School for Negro Boys. 

18. State Home and Industrial School for Girls and Women. 

19. Industrial Farm Colony for Women. 



STATE HOSPITAL AT RALEIGH 

Ch. 103, C. S. (except Sees. 6156-7-8-9, which are repealed) ; Ch. 183, P. L. 
1921; Ch. 193, P. L. 1921; Chs. 120, 306, P. L. 1925; Ch. 228, P. L. 1927. 

Albert Anderson, M. D., Superintendent 

Board of Directors — Nine; State Treasurer, Treasurer ex officio. 

Personnel — Dr. L. B. Evans, Windsor; Felix Harvey, Kinston; 
Dr. Thurman D. Kitchin, Wake Forest; Dan Allen, Raleigh; Dr. 
J. C. Baum, Popular Branch; H. R. Dwire, Winston-Salem; W. G. 
Clark, Tarboro; Mrs. Marshall Williams, Faison; K. C. Burgwyn, 
Wilmington. 

Appointment — By Governor with consent of Senate. 

Term — Four years. 

Qualification — No two shall be residents of same county. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To direct and manage affairs of State Hospital at Raleigh and 
to adopt rules and regulations governing same; to provide for the 
accommodation, maintenance, care, training and treatment of 
legally committed white insane patients from the district served, 
white epilectics, inebriates and drug addicts from all parts of the 
State; insane and inebriate Indians and epileptics from the entire 
State and to care for criminal insane of white race from the entire 
State. 

To appoint from its own members a building committee of three 
who shall have charge of all construction work, enlargements, and 
all permanent improvements. 

To appoint a superintendent; to fix the number of assistant 
physicians and the compensation of all officers and employees; 
to be responsible for the disbursements of appropriations for 
maintenance and permanent enlargement and repairs; to pur- 
chase necessary supplies, equipment and materials. 

Superintendent. Appointed by the Board for a term of six 
years; must be a skilled physician. Duties are to appoint the as- 
sistant physicians, matrons, steward and all other employees; to 



260 Charitable and Correctional Institutions 

have exclusive direction and control over all subordinate officers 
and employees, and to direct generally, the internal administra- 
tion of the hospital. 

Treasurer. To keep all accounts and pay out all moneys upon 
warrant of the Superintendent and countersigned by two mem- 
bers of the Board, under rules and regulations prescribed by the 
Board. 

Inspections. By Board of Directors, General Assembly, State 
Board of Charities and Public Welfare, and the State Board of 
Health. 

Reports. To file with Governor bi-monthly statement showing 
prices paid for all classes of articles purchased and from whom 
purchased. To repoi-t annually to the Governor on the condition 
of the institution and biennially to the General Assembly as to 
its receipts and disbursements. 

Object and Purpose. To provide for the accommodation, main- 
tenance, care and treatment of legally committed white insane 
patients and inebriates in the district served, inebriates and insane 
Indians and epileptics of the entire State, and criminal insane of 
white race of entire State. 

Established 1856 

Buildings 25 

Acreage 1500 

Patients (June 30, 1928) 1674 

Attendants and nurses 149 

Appropriations, 1928 $463,600 

STATISTICAL summary 

Male Female Total 

Patients remaining June 30, 1926 750 754 1504 

Admitted during last two years 

(insane) 539 451 990 

Admitted during last two years 

(criminal insane) 54 4 58 

Total number under treatment 1343 1210 2553 



State Hospital at Morganton 261 

Male Female Total 

Average daily population 1553.5 

Total number discharged and dead 

(insane) 456 393 849 

Total number discharged and dead 

(criminal insane) 28 2 30 

Remaining June 30, 1928 859 815 1674 



STATE HOSPITAL AT MORGANTON* 

(Western Hospital for the Insane) 

Ch. 103, C. S. (except Sees. 6156-7-8-9, which are repealed); Chs. 183, 193, 
P. L. 1921; Chs. 120, 306, P. L. 1925; Ch. 233, P. L. 1927. 

John McCampbell, M. D., Superintendent 

Board of Directors — Nine; State Treasurer, Treasurer ex officio. 

Personnel — J. H. Beall, Lenoir; R. R. Clark, Statesville; J. R. 
Boyd, Waynesville; J. M. Scott, Charlotte; O. M. Mull, Shelby; 
C. E. Brooks, Hendersonville ; J. H. Giles, Glen Alpine; Dr. G. S. 
Kirby, Marion; S. M. Robinson, Gastonia. 

Appointment — By Governor with consent of Senate. 

Term — Four years. 

Qualification — No two shall be residents of same county. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

See State Hospital at Raleigh. Morganton differs in that it does 
not receive Indian patients or epileptics. 

Object and Purpose. To provide for the accommodation, main- 
tenance, care and treatment of legally committed white insane and 
inebriates from within the western hospital district. 

Established 1875 

Open for patients 1883 



•The editor regrets that he was unable to secure from the institution the 
data necessary to bring the article up to date. 



202 Charitable and Correctional Institutions 

Buildings 23 

Acreage 1,130 

Patients, June 30, 1926 1,986 

Appropriation, 1928-29 $430,000 



STATE HOSPITAL AT GOLDSBORO 

(Eastern Hospital for the Colored Insane) 

Ch. 103, C. S. (except Sees. 6156-7-8-9, which are repealed) ; Ch. 183, P. L. 

1921; Ch. 193, P. L. 1921; Chs. 120 and 306, P. L. 1925; 

Ch. 233, P. L. 1927. 

W. C. Linville, M, D., Superintendent 

Board of Directors — Nine; State Treasurer, Treasurer ex officio. 

Personnel — Nathan O'Berry, Goldsboro; Dr. J. E. Hart, Wades- 
boro; Dr. John D. Robinson, Wallace; Judge E. W. Timberlake, 
Wake Forest; W. P. Anderson, Wilson; C. P. Ay cock, Pantego; 
L. M. Blue, Gibson; R. T. Wade, Morehead City; W. J. Boyd, 
Ayden. 

Appointment — By Governor with consent of Senate. 

Term — Four years. 

Qualification — No two shall be residents of same county. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

See State Hospital at Raleigh. Goldsboro differs in that it re- 
ceives only colored insane. 

Object and Purposes. To provide for the accommodation, 
maintenance, care and treatment of legally committed colored in- 
sane patients and inebriates, resident in the State of North Caro- 
lina. 

Established 1880 

Buildings 30 

Acreage 1148.5 

Value of buildings and equipment $2,093,421 

Value of land $ 199,889 



Sanatorium for the Treatment of Tuberculosis 26o 

Patients 1,647 

Attendants 80 

Appropriation, 1928-29 $ 270,000 



NORTH CAROLINA SANATORIUM FOR THE TREATMENT 

OF TUBERCULOSIS 

Ch. 964, P. L. 1907; Ch. 96, P. L. 1923; Chs. 120, 306, P. L. 1925; 

Ch. 233, P. L. 1927. 

P. P. McCain, M. D., Superintendent, Sanatorium 

Board of Directors — Nine. 

Personnel — J. R. Jones, Sanford; Jonas Oettinger, Wilson; Dr. 
J. C. Braswell, Whitakers; W. E. Harrison, Rockingham; A. B. 
Croom, Winston-Salem; Dr. T. W. M. Long, Roanoke Rapids; Dr. 
Fred M. Hanes, Winston-Salem; Mrs. Max Payne, Greensboro; 
J. R. McQueen, Lakeview. 

Appointment — By Governor with consent of Senate. 

Term — Four years. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

The North Carolina Sanatorium for the Treatment of Tubercu- 
losis was established by an act of the General Assembly in 1907, 
which appropriate for the purpose $15,000 for construction and 
$5,000 for annual maintenance. 

The control of the Sanatorium was at first vested in a board of 
directors composed of twelve members appointed by the Governor 
and the Secretary of the State Board of Health, who was ex officio 
a member of the Board. The special session of the General As- 
sembly in 1913 transferred the control of the Sanatorium from the 
board of directors to the State Board of Health. 

At the same session the General Assembly provided for the es- 
tablishment of the Bureau of Tuberculosis, the purpose of which 
should be to receive reports of cases of tuberculosis from phy- 
sicians and the executive officers of every private or public hospital, 
institution for the treatment of disease or dispensary, on forms 
provided for the purpose; to keep a record of all persons in the 



264 Charitable and Correctional Institutions 

State known to be afflicted with tuberculosis; to develop and main- 
tain a correspondence school with those of the State's tuberculous 
population to the end that they shall be properly advised and di- 
rected both as to the methods for obtaining cures and as to the 
methods of preventing the spread of the disease to other persons. 

During the session of 1923 the General Assembly transferred the 
control of the institution from the State Board of Health to a 
board of nine directors, whose appointment should be made by the 
Governor and confirmed by the Senate and whose term of office 
should be four years. 

The institution has steadily grown and is now modern in every 
respect. It has a white unit which will accommodate 284 patients, 
a colored unit which will accommodate 64 patients, a prison unit 
which will accommodate 48 patients, and a children's building 
which will accommodate 56 patients. There is a central power 
house and laundry, and dining room and kitchen facilities in each 
unit are large enough to take care of twice the number of patients 
for which there is now hospital space. The need of more room for 
patients is great, since there are almost as many on the waiting list 
as there are patients in the institution. 

The work previously done by the Bureau of Tuberculosis is now 
carried on by the Extension Department of the Sanatorium. Last 
year there was established a monthly tuberculosis periodical, The 
Sanatorium Sun. Teaching and diagnostic clinics are held in the 
State wherever they may be desired, and special clinics are held 
for children. For these purposes, two whole-time physicians are 
employed. Efforts are made constantly to interest and to assist 
counties in the establishment of local sanatoria. 

summary 

Established 1907 

Buildings 39 

Value $1,021,019 

Acreage 2,000 

Value $ 113,351 

Patients 350 

Appropriation, 1928-1929 $ 150,000 

Sanatorium $ 150,000 

Extension Department $ 20,000 



North Carolina Orthopedic Hospital 265 

superintendents 

J. E. Brooks, M. D 1907-1912 

M. E. Street, M. D 1912-1914 

L. B. McBrayer, M. D 1914-1924 

P. P. McCain, M. D 1924- 



NORTH CAROLINA ORTHOPAEDIC HOSPITAL (Gastonia) 

Art. 1, Ch. 119, C. S.; Chs. 188, 233, P. L. 1927. 

Rorert B. Babington, Founder, President 

Board of Trustees — Nine. 

Personnel — Miss Evelyn K. Nimocks, Charlotte; W. C. Bivens, 
Gastonia; Geo. Blanton, Shelby; R. R. Ray, McAdenville; J. L. 
Robinson, Gastonia; R. B. Babington, Gastonia; M. B. Spier, Char- 
lotte; P. C. Whitlock, Charlotte; Dr. J. P. Matheson, Charlotte. 

Appointment — By Governor. 

Term — Six years, three classes with overlapping terms. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To direct and manage the affairs of the institution; to provide 
for the accommodation, maintenance and treatment of crippled 
children committeed to its care; to elect from its members a presi- 
dent, secretary, treasurer and an executive committee of three; to 
prescribe the duties of the executive committee; to appoint a 
superintendent, and to perform such other functions as are neces- 
sary to the proper administration of the hospital. 

To have charge of all construction, enlargement and permanent 
improvements; to purchase necessary supplies, materials and 
equipment. 

A complete unit was built, dedicated and opened for the treat- 
ment of colored children March 1, 1926. This unit has twenty beds 
for colored children and is located several hundred yards, on the 
estate, from the white units. 



2GG Charitable and Correctional Institutions 

Object and Purpose. To treat, heal and teach scientifically the 
orphaned poor and neglected crippled and deformed children of 
sound mind of North Carolina. 

Founded 1909 

Opened July 1, 1921 

Acreage 34 V2 

Value of land $ 35,000 

Value of buildings $ 350,000 

Maintenance appropriation, 1928-1929 $ 112,500 



OXFORD ORPHANAGE (Oxford) 

Ch. 119, P. L. 1923. 

Rev. C. K. Proctor, Superintendent, Oxford 

Board of Directors — Eight members and the Grand Master of 
Masons of North Carolina, who is chairman ex officio. 

Appointment — Five members by the Grand Lodge of Masons and 
three by the Governor. 

Personnel — Members appointed by the Governor: R. L. Flow- 
ers, Durham; S. M. Gattis, Hillsboro; J. LeGrand Everett, Rock- 
ingham. Members elected by the Grand Lodge: Thos. A. Green, 
New Bern; B. S. Royster, Oxford; J. Bailey Owen, Henderson; 
A. B. Andrews, Raleigh; George S. Norfleet, Winston-Salem. 

Function 

The business of the corporation, which is purely charitable and 
educational, is to continue the Oxford Asylum, "without the 
change of purpose or identity for the maintenance and support of 
an orphanage or a home for indigent white orphans of tender 
years, citizens of the State of North Carolina, to be selected and 
received as directors . . . shall determine, without discrimination 
as to sex, religious denominations or localities within the State, 
and the support and education of such orphans, including their 
religious, moral, mental and physical training and their instruction 
in the useful arts." 



The Colored Orphanage op North Carolina 2G7 

The corporation is empowered to receive, own and convey 
property, to place children committed to its care in good homes, 
and to establish rules and regulations for the conduct of the 
orphanage, subject to the control of the Grand Lodge of North 
Carolina. The actual management of the corporation is by the 
board of directors and officers elected by it. 

If the State appropriation should cease at any time, all of the 
directors shall be selected by the Grand Lodge. 

Reports. Annual report of operations made to Governor, State 
Board of Public Charities and to the Grand Lodge A. F. and A. M. 
of North Carolina. Monthly report of disbursements to the State 
Auditor. 

Object and Purpose. To provide a home and training school 
for the education, industrial and moral instruction of destitute and 
homeless white children of the State, not over twelve years of age, 
who are of sound mind and body. 

SUMMARY 

Established 1872 

Buildings 28 

Acreage 276 

Value of buildings and lands $ 750,000 

Children 406 

Officers and teachers 75 

State appropriation, 1926-27 $ 30,000 

Income, other sources $ 139,784.29 



THE COLORED ORPHANAGE OF NORTH CAROLINA 

(Oxford) 

Ch. 47, P. L. 1887; Chs. 162, 233, P. L. 1927. 

Henry P. Cheatham, Superintendent, Oxford 

Board of Directors — Thirteen. 

Personnel — M. F. Thornton, Rev. M. C. Ransom, J. W. Levy, 
J. C. Jeffreys, J. E. Shepard, N. A. Cheek, Alex Peace, Rev. G. C. 
Shaw; and five appointed by the Governor: W. T. Yancey, Ox- 



268 Charitable and Correctional Institutions 

ford; B. W. Parham, Oxford; John S. Watkins, Virgilina, Va.; J. 
W. Medford, Oxford; F. W. Hancock, Jr., Oxford. 

Appointment — Eight named in the act and five white citizens 
of Granville County, appointed by the Governor. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To organize by the election of a president and secretary and to 
make all regulations for the management and control of the 
corporation. 

The five members of the Board of Directors, appointed by the 
Governor for four years, shall serve as a Board of Trustees and 
shall control the expenditure of all appropriations made by the 
General Assembly to the Orphanage, select one of their number as 
treasurer, and not more than two of their number to act as a board 
of audit. 

The corporation shall secure, train, and care for colored orphan 
children of the State. 

The State appropriation for each year of the biennium, 1927- 
1929, was $25,000. 

Historical Note 

The North Carolina Orphanage for the Colored Race was 
founded in 1883 as the result of the joint efforts of Rev. Augustus 
Shepard, then pastor of the colored Baptist Church in Henderson, 
and Henry P. Cheatham, then a teacher in the Henderson public 
schools. Their plans contemplated the establishment of an orphan- 
age in North Carolina for the fatherless and homeless children of 
the colored race without regard to religious sects. Calling together 
certain leaders of the colored race, they laid their plans before 
them. The plans were adopted, a board of directors elected, and a 
site purchased for the orphanage about a mile and a half south of 
the town of Oxford. Upon this site were two old and dilapidated 
buildings, which were repaired and put into immediate use. Dur- 
ing the first ten years of its existence the Orphanage was entirely 
dependent upon the churches, Sunday schols, and sympathetic indi- 
viduals for support together with what the children could earn by 



Soldiers Home 269 

cultivating the six acres of land then belonging to the Orphanage. 
In 1892 the Grand Lodge of Masons of North Carolina adopted a 
provision allowing the Orphanage annually ten per cent of its 
gross receipts, and in 1893 the General Assembly began to make 
a small annual appropriation which now amount to $25,000. The 
orphanage receives about $4,500 per year from the Duke Endow- 
ment Fund. 

SUMMARY 

Founded 1883 

Number of buildings 15 

Number of acres of land 245 

Value of land, buildings and equipment $ 190,000 

Number of children in institution 284 

Number of officers, teachers and helpers 18 

Annual appropriation from State $ 25,000 

Other sources (1926) $ 8,800 

Farm, garden and dairy (estimated) $ 5,500 

Annual per capita cost (estimated) $ 115.93 

superintendents 

Rev. Joshua Perry 1883-1884 

Miss Bessie Hackins 1884- 

Rev. Walter A. Patillo 1886-1887 

Rev. Robert Shepherd 1887-1907 

Henry P. Cheatham 1907- 



SOLDIERS' HOME 

Art. 1, Ch. 92, C. S.; Ch. 233, P. L. 1927. 

W. T. Mangum, Superintendent, Raleigh 

Board of Directors — Seven. 

Personnel — Miss Martha Haywood, Raleigh; W. B. Jones, 
Raleigh; Mrs. R. E. Little, Wadesboro; W. J. Andrews, Raleigh; 
C. B. Barbee, Raleigh; Baxter Durham, Raleigh; Mrs. H. M. 
London, Raleigh. 



270 Charitable and Correctional Institutions 

Appointment — Four by the Governor and three by the Soldiers' 
Home Association. 
Term — One year. 
Compensation — $4 per diem and 6c per mile while on duty. 

So far as can be ascertained from the records on file in the office 
of the Soldiers' Home, a home for indigent Confederate soldiers 
was first established in a rented house at the corner of Polk and 
Bloodworth streets, in the city of Raleigh, and declared to be open 
on October 15, 1890, with five inmates. W. C. Stronach, under the 
auspices of the Daughters of the Confederacy, acted as superin- 
tendent and looked after the personal comforts of the men. 

The General Assembly of 1891, chapter 60, Private Laws, incor- 
porated Gen. Robert F. "Hoke, Col. William L. Saunders, Col. A. B. 
Andrews, Capt. S. A. Ashe, Gen. Rufus Barringer, Gen. A. M. 
Scales, Gen. Robert B. Vance, Gen. Thomas Clingman, Gen. W. P. 
Roberts, Gen. Julian S. Carr, Capt. Thomas J. Jarvis, Col. W. P. 
Wood, Gen. Matt. W. Ransom and other members of the Confed- 
erate Veterans' Association, under the name and style of "The 
Soldiers' Home Association," and conferred upon this association 
the usual corporate powers. The act gave to the Soldiers' Home 
Association a tract of land near the eastern section of the city of 
Raleigh, known as Camp Russell, to be used for the purpose of a 
soldiers' home, and, if it should cease to be so used, to revei"t to and 
belong to the State. The same act appropriated $3,000 for the 
maintenance of the Soldiers' Home and the support of its inmates. 
Section 6 of the act is as follows: 

"The directors shall cause to be kept a minute-book of the Home, 
in which full entries shall be kept concerning memorable incidents 
in the lives of its inmates. They shall also take steps to form a 
museum of Confederate relics and to perpetuate such historical 
records of the Confederate soldiers of North Carolina as they shall 
find it practicable to do." 

The act was ratified February 4, 1891. 

On April 27, 1891, the number of inmates of the Soldiers' Home 
having increased to nine, they were removed to an old building at 
Camp Russell which had been fitted up for the purposes of the 
Home. Miss Mary Williams was appointed matron, and served 



Soldiers Home 271 

in that capacity until February 15, 1893, when Capt. J. H. Fuller 
was made resident superintendent. On February 1, 1898, Superin- 
tendent Fuller resigned. Feebleness of age and the increase in 
number of inmates had made the duties too arduous for one of his 
strength. 

Capt. R. H. Brooks was elected to succeed Captain Fuller, and 
served until his death on June 14, 1910. The number of inmates 
continued to increase during his term, and the necessity for new 
and larger buildings became urgent. A dormitory was built to ac- 
commodate 70 inmates, and furnished by liberal donations from the 
Daughters of the Confederacy and others. A large hospital was 
built, medical attention given, nurses employed, water, sewerage, 
and electric lights provided, and the grounds made attractive. 
Such heavy expenses exceeded the appropriation made by the 
State, and at the close of Captain Brook's term the books showed 
the Home to be in arrears to the extent of $6,000; but all felt con- 
fident that the Legislature would provide for the deficiency. 

Capt. W. S. Lineberry was elected to succeed Captain Brooks, 
and entered upon his duties July 20, 1910. 

Col. D. H. Milton, who was elected to succeed Capt. W. S. Line- 
berry, September 26, 1916, took charge October 1, 1916. Colonel 
Milton resigned October 1, 1920, and was succeeded by J. A. Wiggs. 
Mr. Wiggs resigned in February, 1924, and was succeeded by W. T. 
Mangum, Februray 9, 1924. 

An appropriation of $35,000 was made by the Legislature of 
1915 for the support of the Home. The Home is now out of debt; 
the buildings bright with new paint; the grounds ornamented with 
trees and shrubbery, and walks clean. The comrades are, as a rule, 
contented. The fare is good, the rooms comfortable, the regula- 
tions reasonable, and an air of cheerfulness pervades. All this has 
come from the humble beginning of October, 1890. 

SUPERINTENDENTS 

Miss Mary Williams 1891-1893 

Capt. J. H. Fuller 1893-1898 

Capt. R. H. Brooks 1898-1910 

Capt. W. S. Lineberry 1910-1916 

Col. D. H. Milton 1916-1920 



272 Charitable and Correctional Institutions 

J. A. WlGGS 1920-1924 

W. T. Mangum 1924- 



CONFEDERATE WOMEN'S HOME (Fayetteville) 

Art 2 Ch. 92, C. S.; Corporate name "Confederate Women's Home Associ- 
ation"; Ch. 233, P. L. 1927. 

Mrs. M. B. Beaman, Superintendent 

Board of Directors — Seven. Board elects own president and sec- 
retary. State Treasurer, Treasurer ex officio. 

Personnel — Charles G. Rose, Chairman, Fayetteville; Mrs. Hun- 
ter G. Smith, Fayetteville; Mrs. N. A. Townsend, Dunn; A. H. 
Boyden, Salisbury; W. H. White, Oxford; J. W. McLaughlin, Rae- 
ford; Spencer T. Thorne, Rocky Mount. 

Appointment — By Governor. 

Term — Two years. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To appoint all officers and employees and prescribe their duties; 
to establish rules and regulations for the government and main- 
tenance of the Home and to have entire control and management of 
it; to prescribe rules for admission and discharge; to take neces- 
sary action in reference to the collection and disbursement of sub- 
scriptions to the Home or to needy Confederate women elsewhere in 
the State; to have their accounts duly audited and published; to 
appoint an advisory board of lady managers. 

Advisory Board of Lady Managers. Appointed by the Board of 
Directors, one from each congressional district, for a term of two 
years; to assist the Board in the management of the Home and 
solicit contributions. 

Treasurer. For duties see Board of Directors Central Hospital 
for the Insane (Raleigh). 

Reports. Reports of receipts and disbursements and the gen- 
eral affairs of the Home shall be made annually to the Governor to 



State Prison 273 

be by him laid before the General Assembly at its biennial session. 
To report on the fifteenth of each month to the State Auditor, dis- 
bursements of month preceding. 

Object and Purpose. To establish, maintain and govern a 
Home for the deserving wives and widows of North Carolina Con- 
federate soldiers and other worthy dependent women of the Con- 
federacy who are bona fide residents of North Carolina. The 
Home was established in 1913. The State appropriation for 1927- 
1928 was $14,000, and for 1928-1929, $14,000. The General Assem- 
bly of 1925 authorized the issuance of bonds of the State to the 
amount of $26,500 for permanent improvements (ch. 192, P. L. 
1925). 



STATE PRISON (Raleigh) 

Ch. 130, C. S. ; Ch. 163, P. L. 1925. 

GEO. Ross Pou, Superintendent, Raleigh 

Board of Directors — One Chairman; six other members; State 
Treasurer, Treasurer, ex officio. 

Personnel — J. A. Leake, Chairman, Wadesboro; A. E. White, 
Lumberton; R. M. Chatham, Elkin; J. M. Brewer, Wake Forest; 
B. B. Everett, Palmyra; W. D. La Roque, Kinston; D. Collins 
Barnes, Murfreesboro. 

Appointment — By Governor with consent of Senate. 

Term — Four years. 

Compensation — $4 per diem and 5 cents mileage. 

Function 

To direct and manage the affairs of the State Prison Depart- 
ment; to provide for the accommodation, maintenance, training, 
regulation, discipline, classification and employment of all per- 
sons committed to the State Prison. 

To employ such officers and employees as it deems necessary and 
to fix their compensation and prescribe their duties; to adopt and 
enforce such rules and regulations for the government of the in- 



274 Charitable and Correctional Institutions 

stitutions, its agents and employees and the inmates confined 
therein as they may deem just and proper; to provide for the em- 
ployment of inmates of the State Prison as prescribed by law and 
to maintain and operate a State farm and prison camps in which 
inmates may be quartered and worked. 

To have charge of all construction work, enlargements and per- 
manent improvements; to purchase necessary supplies, equipment 
and materials; to carry out the purpose of the law, to make the 
State Prison self-supporting. 

Chairman of Board. The Board may allow its chairman a sal- 
ary in lieu of per diem and mileage, and confer such authority, 
and impose such duties upon him in reference to the management 
of the institution as it may think proper; to act as member of 
Advisory Board of Control. 

Treasurer. The State Treasurer is the ex officio Treasurer of 
the State Prison and State Hospital for the Dangerous Insane, and 
as such shall keep all accounts of the institutions and shall pay 
out all moneys upon the warrant of the respective chief officers, 
countersigned by the chairman of the Board of Directors. He shall 
perform his duties under such regulations as prescribed by the 
Board with the approval of the Governor. Canceled vouchers to 
be deposited with the institutions annually. 

Inspection. Construction of State camps must be in accordance 
with plans approved by the State Highway Commission and the 
State Board of Health. The sanitary and hygenic care of prison- 
ers shall be under the direction, supervision and regulation of the 
State Board of Health, same applying to the State Prison, State 
farm, and State and county camps, and such regulations regarding 
clothes, bedding, tableware and bathing for the prisoners shall be 
carried out by the Board of Directors. 

Reports. Board of Directors shall make to the Governor or the 
Budget Bureau, a full report of the financial and physical condi- 
tion of the State Prison on the first day of July of each year and 
at such other times as the Governor or director of the budget may 
require. 

Object and Purpose. To execute the law with reference to per- 
sons confined in the State Prison; to provide for their mainte- 
nance, care, and for their moral betterment as far as practicable; 



State Bureau op Identification 275 

to regulate their conduct, employment and activities; to direct the 
classification of all prisoners according to the provisions of the 
law. 

Etablished 1869 

Assets in excess of liabilties $3,250,618.70 

Acreage 7,300 

Inmates 2,000 

Employees 250 

Earnings in excess of expenditures (year end- 
ing December 31, 1927) $ 67,898.80 



STATE BUREAU OF IDENTIFICATION 

Ch. 228, P. L. 1925. 

H. H. Honeycutt, Director, Raleigh 

Title — Director. 

Appointment — A Deputy Warden of the State Prison is desig- 
nated Director by the Act. 

Qualification — Finger-print expert and familiar with other 
means of identifying criminals. 

Term — Not specified. 

Function 

To receive and collect police information; to assist in locating, 
identifying, and keeping records of criminals in this State and 
from other States; to compile, classify and publish all such in- 
formation for the use of all officials of the State requiring it; to 
conduct surveys; and to determine the source of crime. 

Every chief of police and sheriff in the State is required to 
furnish the bureau, on special forms supplied by the bureau, the 
finger prints of every person convicted of a felony and of any 
person arrested for a crime when deemed advisable by any chief of 
police or sheriff, and to advise the bureau of the final disposition 
of all persons finger-printed. 



270 Charitable and Correctional Institutions 

The bureau is maintained by the Board of Trustees of the peni- 
tentiary out of the general appropriation to the State Prison. 

The director is required to use the Henry system; to submit to 
the Governor in his annual report for each year ending February 
1, a full account of all funds received and expended; and to pro- 
vide a seal for the bureau. 

Historical Note 

Created by act of the General Assembly of 1925. 



NORTH CAROLINA SCHOOL FOR THE WHITE BLIND AND 
FOR THE COLORED BLIND AND DEAF 

Art. 10, Ch. 96. C. S.; Chs. 120, 306, P. L. 1925; Ch. 233, P. L. 1927. 

G. E. Lineberry, Superintendent, Raleigh 

Board of Directors — Eleven members: State Treasurer, Treas- 
urer ex officio. 

Personnel — R. L. McMillan, Raleigh; C. M. Wilson, Wilsons 
Mills; J. R. Baggett, Lillington; W. N. Keener, Durham; R. H. 
Crichton, Lumberton; J. T. Alderman, Henderson; J. A. Oates, Fay- 
etteville; Dr. W. A. Rogers, Franklin; Miss Beatrice Cobb, Mor- 
ganton; K. M. Barnes, Lumberton; Gilbert T. Stephenson, Raleigh. 

Appointment — By Governor with consent of Senate. 

Term — Four years. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

The trustees make by-laws regulating the government of the 
institution; they elect a president, executive committee, superin- 
tendent and other officers and fix their compensation; they erect 
necessary buildings, make improvements, regulate admission of 
pupils from this and other states, and confer upon the recommenda- 
tion of the superintendent and faculty such degrees or marks of 
literary distinction as may be necessary to encourage merit; they 
meet at stated times and also at such other times as may be neces- 
sary. 



School for the Blind and Deaf 277 

The treasurer reports to the Board showing- receipts, expendi- 
tures and balance. 

The superintendent has charge of the institution in all of its de- 
partments and performs such duties as are incumbent upon such an 
officer; he employs all employees and fixes their compensation, sub- 
ject to the approval of the Board; his term of office is three years; 
he is secretary ex officio of the Board of Trustees. 

BRANCHES OF THE INSTITUTION 

The main department cares for all white blind children of the 
State. It is located in West Raleigh at the end of Ashe Avenue, 
next to Pullen Park, and consists of 16 buildings (not including 
six farm buildings) on a plot of 85 acres. Value of buildings and 
equipment is placed at $950,000; value of land at $80,000. There 
are at present 142 students and a faculty of 25. This department 
has a library of 1,900 volumes in ink print and 5,600 in tactile 
print. 

The colored department is situated in East Raleigh. It has four 
buildings valued at $75,000; 187 students and a faculty of 18. It 
has a libray of 500 volumes in ink print and 1,700 volumes in tactile 
print. The appropriation for 1928-1929 is $142,000. 

The white department was founded January 12, 1845, on Caswell 
Square in Raleigh, but in 1923 buildings on the new site were 
completed and the school was moved. The colored department was 
founded in 1869 on its present location. 

Both the white and colored departments operate a kindergarten 
and a standard school through the high school courses. In addi- 
tion it gives courses in music, fancy work and sewing, broom and 
mattress making and piano tuning, shoe making, carpentry and 
agriculture. 

NAMES AND TERMS OF SERVICE OF ALL PRINCIPALS 

W. D. Cooke 1845-1860 

Wiley J. Palmer 1860-1869 

John Nichols 1869-1871 

S. F. Tomlinson 1871-1873 

John Nichols 1873-1877 

Hezekiah A. Gudger 1877-1883 



U78 Charitable and Correctional Institutions 

William J. Young 1883-1896 

Frederick R. Place, June 1896-September 1896 

John E. Ray 1896-1918 

John T. Alderman, January, 1918-August 1918 

G. E. LlNEBERRY 1918- 



NORTH CAROLINA SCHOOL FOR THE DEAF (Morganton) 

Art. 11, Ch. 96, C. S.: Chs. 120, 306, P. L. 1925; Ch. 238, P. L. 1927. 

E. McK. Goodwin, Superintendent 
Miss Enfield Joiner, Principal 

Board of Directors — Seven members; State Treasurer, Treas- 
urer ex officio. 

Personnel — Dr. Howard Ronthaler, Winston-Salem; W. W. Neal, 
Marion; W. C. Dowd, Jr., Charlotte; Mrs. R. B. Boger, Morgan- 
ton; J. F. Barrett, Brevard; Dr. James Morrell, Falkland; A. A. 
Shuford, Jr., Hickory. 

Appointment — By Governor with consent of Senate. 
Term — Four years. 

Qualification — Not more than two shall be from same county. 
Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To make suitable by-laws for the proper management of the 
school and its officers; to conduct school on self-sustaining basis 
as far as possible; to appoint a president and an executive com- 
mittee whose terms shall be for two years; to elect a superin- 
tendent and other officers, teachers and agents as deemed necessary, 
and fix their compensation, to fix charges and prescribe rules 
whereby non-resident deaf children may be admitted; to provide 
for the instruction of all pupils in courses of study as prescribed 
by law for public schools, and in such other branches as may be 
of especial benefit to the deaf. 

To have charge of all construction, permanent improvements, and 
repairs; to purchase necessary supplies, materials, and equipment. 



North Carolina School for the Deaf 279 

Superintendent. Term of three years, ex officio secretary of 
the Board. Teacher of knowledge, skill and ability in his profes- 
sion and experience in the management and instruction of the deaf; 
chief executive officer; to devote whole time to supervision of the 
institution; to see that pupils are instructed in various branches 
of learning and industrial pursuits as prescribed by law and board; 
to recommend to Board teachers and subordinate officers. 

Branches: 1. Literary Department, Methods — (1) Oral; (2) 
Manual. 

2. Vocational and Industrial Departments. 

Boys: Farming and Gardening, Woodwork and Carpentry, 
Printing, Shoemaking and Tailoring. 

Girls: General Domestic work, including cooking, plain sewing 
and dressmaking. 

Inspection : State Board of Charities and Public Welfare. 

Reports: None specified. 

Object and Purpose: "To receive into the school for purpose 
of education all white deaf children resident of the State, not of 
confirmed immoral character nor embecile or unsound in mind or 
incapacitated by physical infirmity for useful instx^uction who are 
between the ages of seven and twenty-one years." Only bona fide 
residents of two years standing eligible for free tuition and main- 
tenance. 



Established 1894 

Buildings 7 

Acreage 327 

Acreage (watershed) 513 

Value of buildings and equipment $1,060,000 

Value of land $ 90,000 

Students 342 

Teachers 39 

Appropriation, 1928-1929 $ 140,000 



280 Charitable and Correctional Institutions 

STONEWALL JACKSON MANUAL TRAINING AND 
INDUSTRIAL SCHOOL (Concord) 

Art. 1, Ch. 121, C. S.; Chs. 120, 306, P. L. 1925; Ch. 283, P. L. 1927. 

Charles E. Boger, Superintendent 

Board of Trustees — Eleven. 

Personnel — Mrs. I. W. Faison, Charlotte; Mrs. Cameron Mor- 
rison, Charlotte; Mrs. W. N. Reynolds, Winston-Salem; Miss Eas- 
dale Shaw, Rockingham; Mrs. R. O. Everett, Durham; J. E. 
Latham, Greensboro; C. A. Cannon, Concord; D. B. Coltrane, Con- 
cord; Herman Cone, Greensboro; L. T. Hartsell, Concord; P. C. 
Whitlock, Charlotte. 

Appointment — By Governor. 

Term — Four years. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To have management and control of school; to employ superin- 
tendent and other assistants, prescribe their duties and fix their 
salaries; to establish and conduct such workshops, agricultural, 
horticultural and other pursuits as they may deem expedient so as 
to keep regularly at work all able-bodied inmates; to make suitable 
rules and regulations necessary to the proper government of the 
school; to receive gifts, donations, etc.; to secure homes for 
inmates. 

To have charge of all construction, enlargement and permanent 
improvements; to purchase necessary supplies, materials and 
equipment. 

Superintendent. To receive all children under the age of 16 
years, committed to the institution by competent authority; to 
cause them to be instructed in rudimentary branches of useful 
knowledge, and taught useful trades and given manual training 
subject to discretion of Board; to maintain discipline. The Gover- 
nor may transfer prisoners under 16, from jail, chain-gang or 
penitentiary to the reformatory and vice versa. 

Inspection. State Board of Charities. Governor to visit once 
a year or oftener, to make sugestions to the Board of Trustees. 



Caswell Training School 281 

Reports. Monthly reports are made to the Budget Bureau and 
State Auditor and biennial reports to the Governor. 

Objects and Purpose. To establish and operate a school for 
the training, and moral and industrial development of the crimi- 
nally delinquent children of the State under 16 years. 

SUMMARY 

Established - 1907 

Buildings 41 

Acreage 423.32 

Value of buildings and equipment $ 935,615 

Value of land $ 85,000 

Pupils 500 

Appropriation, 1928-1929 $150,000 



CASWELL TRAINING SCHOOL (Kinston) 

Art. 12, Ch. 96, C. S. (except Sec. 5896, which is repealed) ; Ch. 183, P. L. 
1921; Ch. 193, P. L. 1921; Ch. 233, P. L. 1927. 

W. H. Dixon, M. D., Superintendent 

Board of Directors — Nine; State Treasurer, Treasurer ex officio. 

Personnel — Dr. Gideon H. Macon, Warrenton; C. W. Lassiter, 
Spring Hope; L. P. Tapp, Kinston; T. E. Whitaker, Oak Ridge; 
S. F. McCotter, Vandemere; Dr. W. W. Dawson, Grifton; V. O. 
Parker, Raleigh; Dr. J. B. Cranmer, Wilmington; Dr. J. F. Nash, 
St. Pauls. 

Appointment — By Governor with consent of Senate. 
Term — Four years. 

Qualification — No two shall be residents of the same county. 
Compensation — $4 per diem and 6c per mile while on duty. 



Function 

See State Hospital at Raleigh. Function and powers of the 
Board are the same. 



282 Charitable and Correctional Institutions 

Object and Purpose. (Sec, 5895 C. S.). To segreate, care for, 
train and educate as their mentality will permit, the State's mental 
defectives; to disseminate knowledge concerning the extent, nature 
and menace of mental deficiency; to suggest and initiate methods 
for its control, reduction and ultimate eradication; to maintain an 
extension bureau for instructing the public in the care of the 
mental defectives who remain in their homes and for the after- 
care of discharged inmates; to create and maintain a psychological 
clinic for the study and observation of mental defectives charged 
with crime, and to give expert advice in all cases of mental defect. 

SUMMARY 

Established - 1911 

Buildings 40 

Acreage 1016 

Value of buildings and equipment $1,700,000 

Value of land $ 115,000 

Pupils 550 

Employees 85 

Appropriation 1928-1929 $ 185,000 



EASTERN CAROLINA INDUSTRIAL TRAINING SCHOOL 
FOR BOYS (Rocky Mount) 

Ch. 254, P. L. 1923; Chs. 120, 306, P. L. 1925; Chs. 144, 233, P. L. 1927. 

Samuel E. Leonard, Superintendent 

Board of Trustees — Eight. 

Personnel — R. T. Fountain, Rocky Mount; J. C. Braswell, 
Rocky Mount; Dr. C. F. Strosnider, Goldsboro; S. C. Sitterson, 
Kinston; Ernest Deans, Wilson; R. L. Huffines, Rocky Mount; W. 
H. Dail, Jr., Greenville; Mrs. R. S. McCoin, Henderson. 

Appointment — By Governor with consent of Senate. 

Term — Four years. 

Compensation — $4 per diem and 6c per mile while on duty. 



State Training School for Negro Boys 283 

Function 

To operate a school in Eastern North Carolina for the training 
and development of delinquent white boys of the State under the 
age of 18 years of age; to receive such boys as may be sent 
thereto by order of Juvenile judges, Superior Court judges and 
other judges having jurisdiction; to keep and control them during 
their minority or until such a time as the board shall deem proper 
for their discharge; to employ officials and to make all regulations 
necessary for the management of the school; to spend all moneys 
received in the operation of the school and to account for same. 

The school was opened in January, 1926. 

SUMMARY 

Established 1923 

Buildings 4 

Acreage 147 

Value of buildings $92,000 

Value of land 14,700 

Present capacity 90 

Appropriation, 1928-1929 $27,500 



STATE TRAINING SCHOOL FOR NEGRO BOYS 
(Hoffman, Richmond County) 

Ch. 190, P. L. 1921; Chs. 120, 306. P. L. 1925; Chs. 63, 233, P. L. 1927. 

Leonard L. Boyd, Superintendent 

Board of Trustees — Eight. 

Personnel — W. L. Parsons, Rockingham; Thad. L. Tate, Char- 
lotte; C. C. Spaulding, Durham; R. D. Phillips, Laurenburg; T. C. 
Coxe, Wadesboro; B. F. Reynolds, Rockingham; C. S. Massey, 
Waxhaw; A. J. Butler, Hoffman. 

Appointment — By Governor with confirmation of Senate. 

Term — Four years. 

Compensation — $4 per diem and 6c per mile while on duty. 



284 Charitable and Correctional Institutions 

Function 

To select a location and prepare for the opening of the school; 
to have general superintendence and control of the institution, 
ground and buildings, officers, employees, inmates; to appoint and 
dismiss at will a superintendent and other employees; to control 
the inmates and to determine the time of their discharge; to act 
as a board of parole of the institution; to determine the actual 
cost per capita of the training and maintenance. 

Delinquent Negro boys under sixteen years of age may be com- 
mitted to the institution by any Juvenile, State or other court 
having jurisdiction over such boys, but no boy can be sent until 
the agency desiring to commit him has secured permission from 
the superintendent of the school. The cost of sending inmates 
shall be paid by the agency which sends them. 

The school was opened January 1, 1925. 

SUMMARY 

Established 1921 

Buildings 7 

Acreage — 400 

Value of buildings and equipment $89,800 

Value of land $14,400 

Number of inmates enrolled 205 

Faculty 9 

Appropriation, 1928-1929 $25,200 



STATE HOME AND INDUSTRIAL SCHOOL FOR GIRLS AND 

WOMEN (Samarcand) 

Art. 2, Ch. 121, C. S. ; Ch. 69, P. L. 1921 — Extra Session; Chs. 120. 
306, P. L. 1925; Ch. 233, P. L. 1927. 

Agnes MacNaughton, Superintendent 

Board of Managers — Five. 

Personnel — Dr. Delia Dixon Carroll, President, Raleigh; Mrs. 
J. R. Page, Secretary-Treasurer, Aberdeen; Mrs. W. N. Everett, 



Industrial School for Girls and Women 285 

Rockingham; Leonard Tufts, Pinehurst; E. T. McKeithen, Aber- 
deen. 

Appointment — By Governor with consent of Senate. 

Term — Four years. 

Qualifications — Three women and two men. 

Compensation — $4 per diem and 6c per mile while on duty. 

Function 

To have general superintendence, management and control of the 
institution; of the grounds and buildings and officers and employees 
thereof; of the inmates therein and all matters relating to the 
government, discipline, contracts and fiscal concerns thereof; and 
may make suitable rules and regulations to carry out the purpose 
of the institution; to receive in its discretion all persons committed 
by competent authority or voluntarily; to act as the Board of 
Parole and to discharge or parole any inmate at any time, provided 
that period of detention shall in no case exceed three years, and 
that girls committed under 21 may be kept until they are 21 years 
old; to make suitable provision for care and maintenance of chil- 
dren born in the institution or infants of inmates; to provide in- 
dustrial training for each inmate. 

To appoint from its members, a president, secretary and a treas- 
urer whose term shall be for one year; to appoint a woman super- 
intendent; to fix the compensation of the superintendent, all of- 
ficers and employees and prescribe duties of each; to adopt by- 
laws, fixing time and place of board meetings, and making such 
other provisions as may be necessary for the proper management 
of the institution; to accept gifts, bequests, etc., made to the in- 
stitution. 

To have charge of all construction, enlargement and permanent 
improvements; to purchase all supplies, material and equipment. 

Superintendent. Woman of experience and training. Term 
and duties not specified. To secure the safe-keeping, obedience 
and good order of inmates, the superintendent has same power as 
given to keepers of jails and other penal institutions. 

Reports. None specified. 

Inspection. State Board of Charities. 



28f> Charitable and Correctional Institutions 

Object and Purpose. To establish and maintain a detention 
home and industrial school for immoral, neglected, and wayward 
girls, and to provide for their safe-keeping, employment and re- 
habilitation. The school was established in 1917. 

SUMMARY 

Established • - 1927 

Opened July, 1918 

Buildings 19 

Acreage 352 

Value of buildings and equipment $291,635.80 

Value of land $ 40,000 

Average attendance, 1927-1928 225.5 

Appropriation, 1928-1929 $125,000.00 



INDUSTRIAL FARM COLONY FOR WOMEN 

Ch. 219, P. L. 1927. 

Board of Directors — Five members. 

Personnel — R. F. Churchill, President, Kinston; Mrs. W. T. 
Shore, Secretary-Treasurer, Charlotte; Col. T. J. Murphy, Greens- 
boro; Mrs. R. E. Little, Wadesboro; R. F. Beasley, Monroe. 

Appointment — By the Governor. 

Term — Four years. 

Qualification — At least two members shall be women. 

Compensation — Actual expenses. 

Function 

To elect from its members a president, secretary and treasurer; 
to use for the institution any site already owned by the State 
when approved by the Governor and Council of State; to cause to 
be erected and equipped the necessary buildings; to control the in- 
stitution, make necessary rules for the discipline, instruction and 
treatment of inmates; to cause proper records to be kept; to meet 
at the institution at least quarterly; to audit the accounts of the 
superintendent quai'terly; and to report biennially to the Governor. 



Industrial Farm Colony for Women 287 

The directors shall appoint and remove at their discretion a 
superintendent who shall be a woman of liberal education and 
special training and experience, and shall fix her compensation. 
The superintendent shall manage the institution and make rules 
and regulations and appoint subordinate officers, subject to the 
approval of the board. 

Women sixteen years of age and older, who are not eligible for 
admission to Samarcand and who have been convicted of or plead 
guilty to the commission of misdemeanors including prostitution, 
habitual drunkenness, drug-using, and disorderly conduct, may be 
committed by any court of competent jurisdiction to said institu- 
tion; and the board may in its discretion receive as an inmate any 
woman or girl, not otherwise provided for, who may be sentenced 
by any court of the United States within this State. 

Upon certain specified conditions, an inmate may be paroled or 
discharged by the Governor upon recommendation of the board of 
directors; but while on parole, the inmate shall remain in the legal 
custody of the board, subject to recall. 

The board of directors shall make provision for a system of 
general and industrial training, including useful trades and home 
economics, and for proper recreation facilities. 

To provide funds for the institution, the State Treasurer is 
directed, at the request of the board and with the consent of the 
Governor and Council of State, to issue and sell a maximum of 
$60,000 in State bonds to mature in 1967 and for the retirement of 
which a sinking fund is created, into which the treasurer shall pay 
each year an amount equal to 1 per cent of the face value of the 
bonds issued. 



PART VII 



MISCELLANEOUS 



1. The North Carolina Railroad Company. 

2. The Atlantic and North Carolina Railroad Company. 

3. The Appalachian and Western North Carolina Rail- 

road Company. 

4. The North Carolina State Capitol. 

5. State Administration Building. 

6. North Carolina Day. 

7. Legal Holidays in North Carolina. 

8. The State Flag. 

9. The Great Seal. 

10. State Motto and Its Origin. 

11. State Song. 

12. The Confederate Museum at Richmond. 

13. The Halifax Resolution. 

14. The Declaration of Independence. 



THE NORTH CAROLINA RAILROAD COMPANY 1 

Wiley G. Barnes, Secretary and Treasurer 

One of the greatest enterprises so far attempted by the State of 
North Carolina in the nature of a public or internal improvement 
was the building of the North Carolina Railroad from Goldsboro by 
way of Raleigh, Greensboro and Salisbury, to Charlotte. 

Considering the experimental state of railroading at that time, 
the dread of public or private indebtedness, and the limited re- 
sources, the movement was a monumental enterprise — and one in 
advance of anything attempted by almost any other state in the 
Union. The success, however, which has crowned the labors and 
sacrifices of our fathers has established beyond all question that 
their wisdom was equal to, or superior to, any displayed before or 
since their day. 

In 1833 the Raleigh and Gaston Railroad Company and the Wil- 
mington and Raleigh, afterwards known as the Wilmington and 
Weldon Railroad Company, were chartered, and later these roads 
were built. In 1848 the former was in the hands of the State, and 
was in a bankrupt condition for the want of patronage. It was 
necessary to give it some connection, or to extend it. At the ses- 
sion of November, 1848, the western counties urged a charter for 
a road from Charlotte to Danville, asking no State aid; but the 
eastern members opposed that project. The finances of the State 
were in such an impoverished condition that it was generally 
deemed impracticable for the State to give any considerable aid 
to any railroad; but William S. Ashe, the Democratic Senator 
from New Hanover, introduced a bill to construct a road from 
Goldsboro to Charlotte, under the name of the North Carolina 
Railroad, and appropriating two millions of dollars for that pur- 
pose, on condition, however, that private parties would subscribe 
one million, and to secure the payment of the State bonds when 
issued, a lien was given on the State's stock. 

When the western men brought up the Charlotte and Danville 
bill in the House, Stanly and other eastern men opposed it so 
bitterly that it could not pass, and then in a dramatic scene, the 



*This article is brought forward with some revision, from the Manual of 
1913, in which acknowledgement is made to Capt. S. A. Ashe for the his- 
torical data contained in this sketch. 



292 Miscellaneous 

friends of internal improvement agreed to send to the Senate and 
take the Ashe bill from the files and offer it as a substitute. After 
a great and prolonged struggle the bill passed the House of Com- 
mons. In the Senate it failed by an adverse majority of one; but 
the Senator from Cumberland was led to support it by passing the 
bill for the State to build the plank road from Fayetteville to 
Salem ; and then the vote in the Senate was a tie. Speaker Graves, 
who had up to that moment maintained an impenetrable silence as 
to the measure, broke the tie in favor of building the road by 
State aid; and the measure was passed. Speaker Graves was never 
again elected to any office by the vote of his people. 

To secure the needed one million of private stock, Speaker 
Graves, Governor Morehead and Mr. William Boylan made great 
exertions, and by their efforts, aided by Joseph Caldwell, Governor 
W. A. Graham, Paul C. Cameron and others, the necessary stock 
was eventually raised. On January 29, 1856, the railroad was 
ready for passage of trains from Goldsboro to Charlotte, and 
charters had been granted for two other roads — from Goldsboro to 
Morehead City and from Salisbury to the Tennessee line. 

By act ratified February 14, 1855, the General Assembly in- 
creased the capital stock of $4,000,000, and subscribed for the 
State the whole added capital. From that time till now the State 
has owned three-fourths and individuals one-fourth of this road. 

The first president of the company was John M. Morehead of 
Guilford, (July, 1850-July, 1855), to whom so much was due for 
securing the subscription of the private stock; and under his di- 
rection, the road was completed. His successors were Charles F. 
Fisher of Rowan (July, 1855-July, 1861); Paul C. Cameron of 
Orange (July, 1861-February 7, 1862) ; Thomas Webb of Orange 
(February 7, 1862-July, 1865) ; Nathaniel Boyden of Rowan (July, 
1865-July, 1866) ; Thomas Webb of Orange (July, 1866-July, 
1867) ; Josiah Turner of Orange (July, 1867-July, 1868) ; William 
A. Smith of Johnston (July, 1868-July, 1876), during whose ad- 
ministration the road was leased on September 11, 1871, to the 
Richmond and Danville Railroad Company for thirty years, at a 
rental of 6 per cent per annum; Thomas M. Holt of Alamance 
(July, 1876-July, 1890) ; W. F. Kornigay of Wayne (July, 1890- 
October, 1894); Lee S. Overman of Rowan (October, 1894- July, 



The North Carolina Railroad Company 293 

1895) ; S. B. Alexander of Mecklenburg (July, 1895-July, 1897) ; 
R. M. Norment of Robeson (July, 1897- July, 1899) ; John S. Arm- 
strong of New Hanover (July, 1899-July, 1901) ; Hugh G. Chat- 
ham of Surry (July, 1901-July, 1909) ; Charles M. Stedman of 
Guilford (July, 1909- July, 1910) ; Bennehan Cameron of Durham 
(July, 1910-July, 1913) ; and Word H. Wood of Mecklenburg 
(July, 1913- ). 

On the 16th day of August, 1895, in view of the approaching 
termination of the lease, the property was leased to the Southern 
Railway Company for a term of ninety-nine years at an annual 
rental of 6% per cent for six years and 7 per cent for the re- 
maining ninety-three years, and the stock of the company was 
selling at $186 per share until the panic of 1907. 

On the readjustment of the debt of the State, the State renewed 
the bonds issued for the purchase of the North Carolina Railroad 
stock, pledging the original lien on the stock for the payment of 
the debt. 

Col. Peter B. Ruffin for more than thirty years was the faithful 
and efficient secretary and treasurer of the company. 

The secretaries of the company in the order of their election and 
service are as follows: Cyrus P. Mendenhall, Julius B. Ramsey, 
R. M. Mills, F. A. Stagg, J. A. McCauley, W. F. Thornburg, P. B. 
Ruffin, H. B. Worth, Spencer B. Adams, D. H. McLean, A. H. El- 
ler, J. P. Cook, R. B. White, and Wiley G. Barnes. 

The State, as is well known, has continued to own its $3,000,000 
of the original capital stock, and has acquired two (2) additional 
shares, thus giving it 30,002 shares, at par value amounting to 
$3,000,200, which, however, at the recent market value aggregates 
$5,580,372. And it is confidently believed that if the State desired 
to part with a controlling interest in the company, its stock would 
command a much greater price, and those who have watched the 
constant advance in the price of this stock expect it to go to $200 
per share at an early day. 

Under the lease of 1871 to the Richmond and Danville Railroad 
Company, the company could not have claimed the betterments 
made by the lessee ; but under the present lease the company is not 
only amply secured by bond for the prompt payment of its lease 
money and organization expenses, to wit, $143,000, on the first day 



294 Miscellaneous 

of January and July of each year, but upon the termination of said 
lease for any cause the company acquires the betterments made 
thereon. 

In addition to the railroad and rolling stock leased to the South- 
ern Railway Company, the company still owns valuable land in and 
about company shops, now known as the city of Burlington. 

When the board of dh-ectors appointed by Governor Aycock took 
charge of the company's affairs, there was a floating indebtedness 
of $10,000. The May balance, 1912, of the secretary and treasurer 
showed that said indebtedness had been paid and a special dividend 
of one-half of one per cent, amounting to $20,000, and the company 
had to its credit in the bank the sum of $21,128.64, all of which 
except a small balance, was drawing 4 per cent interest. Again, on 
August 1, 1912, an extra one-half of one per cent dividend, amount- 
ing to $20,000, was paid. Since then the regular 7 per cent div- 
idend on the stock has been paid and occasional dividends of x / 2 
per cent out of cash received from the sale of property. Promptly 
upon the payment of the lease money on the first of January and 
July in each year, the directors declare a dividend, and the secre- 
tary and treasurer pays to the State Treasurer immediately 
$105,000, and a like dividend is paid to the private stockholders on 
the first day of February and August of each year. 

A true sketch of this company would be incomplete without call- 
ing attention to the long and invaluable service of Gen. R. F. Hoke 
as director and Mr. Word H. Wood as president. General Hoke's 
experience and great knowledge of affairs, and life-long devotion 
to the best interest of the company, entitle him to the gratitude of 
the State, as well as the private stockholders. His death on July 3, 
1912, was deeply and universally lamented. President Wood's long 
and valuable service is unique in the history of the company. He 
has been elected by the Board of Directors at the requests of four 
successive governors of North Carolina: Locke Craig, Thomas W. 
Bickett, Cameron Morrison and Angus W. McLean. 

The question is sometimes asked why the organization of the 
North Carolina Railroad Company is kept up, and what particular 
functions it performs. 

This company does not, as some people think, belong to the State 
of North Carolina. It is a quasi-public corporation like all other 



The North Carolina Railroad Company 295 

railroad companies, in which the State owns three-fourths of the 
stock. It is managed practically as any private corporation would 
be managed, the principal difference being that the Governor has 
the appointment of eight of the directors, while the private stock- 
holders have the election of four of the directors. 

The organization is maintained for the purpose of enforcing the 
terms of the lease to the Southern Railway Company, and, in case 
of the termination of that lease for any cause, to resume the opera- 
tion of the road. 

It is required to see that the bonds given for the prompt payment 
of the rent, and also the bond to maintain the rolling stock in good 
condition, are kept in force. It receives the rent money of $280,000 
per year, payable semi-annually, and declares a dividend and pays 
the same to the stockholders of record. It transfers stock like 
other corporations. 

In leasing its property to the Southern Railway Company it re- 
served its office building, which is the residence of the secretary and 
treasurer, containing its vault and records, at Burlington, N. C. 
It owns certain real estate in and about the city of Burlington, 
which is sold by its land committee from time to time. The home 
office has been ordered moved from Burlington to Raleigh, where 
safer and more adequate storage facilities for the records are 
available. 

The secretary and treasurer is required to give a bond in the sum 
of $50,000 and his books and accounts are audited by a finance 
committee at stated times. It is required to file a report annually 
with the State Corporation Commission and one with the Interstate 
Commerce Commission, as other railroad companies must do. It 
also reports its income for Federal taxation like other corporations. 
Its stock is the most valuable holding that the State of North 
Carolina has amongst its assets, and whether it will be the policy 
of the State to hold its stock perpetually or to dispose of the same 
is a matter for the Legislature of the future. 

The present officers and directors of the road are as follows: 

Word H. Wood, President Charlotte 

Alexander Webb, Vice President Raleigh 

Wiley G. Barnes, Secretary and Treasurer Raleigh 

J. Bayard Clark, Counsel Fayetteville 



290 



Miscellaneous 



DIRECTORS 



W. H. Wood 
George C. Tudor 
Gilbert C. White 
A. M. Dixon 
M. 0. Dickerson 
G. A. Hunt, Jr. 



Robert W. Lassiter 
Alexander Webb 
Hugh MacRae 
W. E. Holt 
G. W. Montcastle 
Julius Cone 



THE ATLANTIC AND NORTH CAROLINA RAILROAD 

COMPANY* 

The Atlantic and North Carolina Railroad was chartered by the 
General Assembly of North Carolina in 1852, duration of the 
charter being ninety-nine years. The charter was amended in 
1854 and 1855. Work on the railroad was begun shortly afterwards, 
and pushed to completion from Goldsboro to a point on the sea- 
coast now known as Morehead City, a distance of 95 miles, in 1858. 

The road was capitalized at $1,800,000; the par value of the 
stock was fixed at $100 per share. The State of North Carolina 
owns 12,666 shares of the stock. The county of Craven owns 1,293 
shares, the county of Lenoir owns 500 shares,! the county of Pam- 
lico owns 202 shares. The balance of the stock of the road is owned 
by private individuals. The equipment of the road was by no 
means complete when the War Between the States began (1861), 
and by reason of the fact that a good portion of the road was 
under the control of the Federal arms from the fall of New Bern 
in 1862 to the close of the war in 1865, the road when turned over 
to its rightful owners was little more, if any, than a burden to 
carry, which was in part the cause of no returns to the stock- 
holders on their investment for thirty-four years after the road 
was constructed. 

During the administration of Hon. T. J. Jarvis, Governor of 
North Carolina, the railroad was leased to W. J. Best, who had 
control and operated same for a short time only, and then returned 
it to its owner. 



•Reprinted, with some revision, from the North Carolina Manual, 1915. 
fSold to private individuals. 



The Atlantic and North Carolina Railroad Co. 297 

In 1914, there was an outstanding bonded indebtedness against 
the road of $325,000, bearing interest at 6 per cent per annum, the 
interest payable semi-annually. During the last year of the 
presidency of James A. Bryan two suits were instituted in the Fed- 
eral Court of the Eastern District of North Carolina for the ap- 
pointment of receivers of the road — first by K. S. Finch of New 
York, and the second by John P. Cuyler of New Jersey. Receivers 
were appointed in both cases, but relief was granted by higher 
courts. 

On September 1, 1904, during the administration of Governor 
Charles B. Aycock, the railroad was leased to the Howland Im- 
provement Company. The vast amount of unsettled business in 
which the Atlantic and North Carolina Railroad Company was in 
any way interested at the time the Howland Improvement Com- 
pany, "lessees," assumed control of the railroad, was very largely 
adjusted during the first two years. The expiration of the third 
year of the lease found only a small amount of difference to be 
looked after, which in time was settled. Suit was brought in the 
Superior Court of Craven County, in 1906, to annul the lease to the 
Howland Improvement Company, resulting in a decision upholding 
the lease, which decision was affirmed by the Supreme Court. 

The contract for lease with the Howland Improvement Company 
terminates in ninety-one years and four months from the date of 
its execution, and the stipulations contained in same have, up to 
the last meeting of the stockholders of the Atlantic and North 
Carolina Railroad Company, in 1912, been largely compiled with, as 
will be seen from the annual reports to the stockholders' meeting 
of the president, treasurer and expert of the lessor company. The 
Atlantic and North Carolina Railroad has, with some other short 
lines in Eastern North Carolina, been merged into and now forms 
part of the Norfolk-Southern Railway system. 

The following have been presidents of the company: John D. 
Whitford, Charles R. Thomas, John D. Whitford, E. R. Stanly, R. 
W. King, L. W. Humphrey, John Hughes, W. J. Best, John D. 
Whitford, Washinton Bryan, W. S. Chadwick, Robert Hancock, D. 
W. Patrick, James A. Bryan, J. W. Grainger, S. W. Ferrebee, L. P. 
Tapp, H. H. Grainger, Thomas D. Warren, G. D. Canfield, S. M. 
Brinson, J. Y. Joyner, C. D. Bradham, J. F. Patterson, Ernest M. 



298 Miscellaneous 

Green, John Weskert, A. D. O'Bryan, W. D. LaRoque, Charles S. 
Wallace, and W. B. Jones. 

At present (1928), W. B. Jones of Raleigh is president and T. J. 
Murphy of Greensboro is secretary-treasurer. 



THE APPALACHIAN AND WESTERN NORTH CAROLINA 
RAILROAD COMPANY 

Chapter 148, Public Laws of 1921, authorized the Governor to 
appoint a special commission of five to investigate the advisability 
of selling the stock owned by the State in the North Carolina and 
Atlantic and North Carolina railroads and investing the proceeds 
in certain railroads in Western North Carolina. The Commission 
in its report recommended the construction of such roads as would 
result in a trunk line of railroads from the northwestern part of 
the State to the seacoast. Wherefore by chapter 116, Public Laws 
of 1923, the General Assembly authorized A. A. Woodruff of Alle- 
ghany County, J. D. Thomas of Ashe County, B. B. Daugherty of 
Watauga County, Charles Cowles of Wilkes County, J. H. Burke 
of Alexander County, Mark Squires of Caldwell County, D. M. 
Ansley of Iredell County, A. H. Wolf of Surry County, G. T. 
White of Yadkin County, and others to incorporate as the Ap- 
palachian and Western North Carolina Railroad Company. The 
law provides in general that when fifty-one per cent of the stock 
shall have been subscribed in good faith to construct the whole road 
or any particular division of it, the State shall subscribe forty-nine 
per cent of the stock. 

The Special Commission appointed Bennehan Cameron, T. C. 
Bowie, and W. C. Heath as an executive committee to make sur- 
veys of proposed routes. Three routes were surveyed and a peti- 
tion was filed with the Interstate Commerce Commission request- 
ing a certificate of public convenience and necessity. The petition 
was dismissed without prejudice. The Interstate Commerce Com- 
mission stated that, if a particular and specific route was desig- 
nated, it would not stand in the way of the construction of the 
road. 



The North Carolina State Capitol 299 

THE NORTH CAROLINA STATE CAPITOL 

On the morning of June 21, 1831, the State Capitol of North 
Carolina was destroyed by fire. Though the public records of the 
State were saved, the State Library, containing many valuable 
books and manuscripts, was lost. 

The citizens of Raleigh naturally bemoaned the destruction of the 
building but Governor Stokes did not regard it as a great loss. In 
his opinion there were some mitigating circumstances. In his mes- 
sage to the General Assembly, when it met the following November, 
he said that the calamity was not so great, because the old State- 
house, built in 1794, was almost ready to tumble down of its own 
accord, and that perhaps many valuable lives had been saved by 
its being destroyed by fire instead of tumbling down on the Legis- 
lature while in session. 

At once, Senator Seawell of Wake brought forward a bill provid- 
in for the erection of a new Capitol on the site of the old one. At 
the same time a similar bill was introduced in the House of Com- 
mons. As there was a strong sentiment in the State favorable to 
the removal of the capital from Raleigh to Fayetteville, these two 
bills to rebuild at Raleigh met with vigorous opposition. Accord- 
ingly, Senator Seawell's bill was quickly disposed of. Senator 
Wilson of Edgecombe moved to table it, and it was tabled. The 
House bill was longer discussed. The discussion was prolonged 
for two days, but on a yea and nay vote the bill failed, 65 to 68. 
The Assembly of 1831 refused to rebuild. 

A year passed, and the ruins of the old Statehouse still marked 
the site of the former Capitol. But the Constitution, or rather the 
Ordinance, of 1789, located the capital at Raleigh, and the Legis- 
lature had no power to move it. It was even questioned with great 
seriousness whether the Assembly could hold its sessions in the 
Governor's Mansion, at the end of Fayetteville Street, as that was 
outside of the limits of the town. To move the capitol a conven- 
tion was necessary, and a majority of the Legislature was not 
favorable to a convention. 

At the session of November, 1832, the Assembly, by a note of 
35 to 28 in the Senate and 73 to 60 in the House, resolved to re- 
build on the old site, and $50,000 was appropriated for the purpose. 



300 Miscellaneous 

William Boylan, Duncan Cameron, Henry Seawell, Romulus M. 
Saunders and William S. Mhoon were appointed commissioners 
to have the work done. The commissioners, with $50,000 at their 
command, did not dally. The rubbish was cleared away, the exca- 
vations made and the foundations were laid. On July 4, 1833, the 
cornerstone was set in place. Up to that time W. S. Drummond 
was the superintendent and chief architect, and he was one of the 
principal persons in the ceremony of laying the cornerstone. 

After the foundation was laid the work progressed more slowly, 
and it was so expensive that the appropriation was exhausted. The 
Legislature at its next session appropriated $75,000 more. To do 
the stone and finer work many skilled artisans had been brought 
from Scotland and other countries. Part of the work was con- 
ducted under the supervision of W. S. Drummond and another part 
under Col. Thomas Bragg, but these arrangements did not prove 
satisfactory, and a year later, in September, 1834, Mr. I. Theil 
Town of New York, acting for the commissioners, contracted with 
David Paton to come to Raleigh and superintendent the work. 

Mr. Paton was an architect who had come from Scotland the year 
before. He was then thirty-three years of age. He was the son of 
John Paton, of Edinburgh, who was an extensive builder in that 
city and vicinity and who had built the greater part of the new 
town and constructed the famous Dean Bridge across the water of 
Leith, and he ranked high in his profession. Having received a 
liberal education at the University of Edinburgh, David Paton took 
up the profession of his father and was regularly bred as an archi- 
tect and builder under his father and under Sir John Sloan, R. A., 
professor of architecture to the Royal Academy of London. He 
soon demonstrated his capacity. When he first came to Raleigh 
the cost of overseeing the work on the Capitol was $25 a day. He 
reduced that cost to $9. Twenty-eight stonecutters were paid $81 
a day. This he reduced to $56. He made a saving in these two 
items alone of $42 a day. He found himself to be not merely 
supervisor of the work, but the superintendent; not merely the 
superintendent, but the bookkeeper and paymaster. He had every 
detail of the work on his shoulders. And then he had to make the 
working drawings. He was the builder, the architect, the designer. 

Both the commissioners and the architect had large ideas. The 
former were wise enough to expend the original $50,000, which the 



The North Carolina State Capitol 301 

General Assembly expected would complete the structure, on its 
foundation. Their work being severely criticized, they resigned 
January 1, 1835. Their successors were Beverly Daniel, chairman, 
Samuel F. Patterson, Charles Manly and Alfred Jones. The Leg- 
islature was compelled to make appropriations for the work from 
time to time. The following is a table of the several appropri- 
ations made: 

Session of 1832-33 $ 50,000.00 

Session of 1833-34 75,000.00 

Session of 1834-35 75,000.00 

Session of 1835 75,000.00 

Session of 1836-37 120,000.00 

Session of 1838-39 105,300.00 

Session of 1840-41 31,374.46 

Total $531,674.46 

It must be remembered that the stone with which the building 
was erected was the property of the State. Had the State been 
compelled to purchase this material the cost of the Capitol would 
have been considerably increased. 

The following is a description of the Capitol, written by David 
Paton, the architect: 

"The State Capitol is 160 feet in length from north to south by 
140 feet from east to west. The whole height is 97^ feet in the 
center. The apex of pediment is 64 feet in height. The stylobate 
is 18 feet in height. The columns of the east and west porticoes 
ai-e 5 feet 2V 2 inches in diameter. An entablature, including block- 
ing course is continued around the building, 12 feet high. 

"The columns and entablature are Grecian Doric, and copied 
from the Temple of Minerva, commonly called the Parthenon, 
which was erected in Athens about 500 years before Christ. An 
octagon tower surrounds the rotunda, which is ornamented with 
Grecian cornices, etc., and its dome is decorated at top with a 
similar ornament to that of the Choragic Monument of Lysicrates, 
commonly called the Lanthorn of Demosthenes. 

"The interior of the Capitol is divided into three stories: First, 
the lower story, consiting of ten rooms, eight of which are appro- 



302 Miscellaneous 

priated as offices to the Governor, Secretary, Treasurer, and Comp- 
troller, each having two rooms of the same size — the one contain- 
ing an area of 649 square feet, the other 528 square feet — the two 
committee rooms, each containing 200 square feet, and four closets; 
also the rotunda, corridors, vestibules, and plazas, contain an area 
of 4,370 square feet. The vestibules are decorated with columns 
and anta?, similar to those of the Ionic Temple on the Ilissus, near 
the Acropolis of Athens. The remainder is groined with stone 
and brick, springing from columns and pilasters of the Roman 
Doric. 

"The second story consists of Senatorial and Representatives' 
chambers, the former containing an area of 2,545 and the latter 
2,849 square feet. Four apartments enter from Senate Chamber, 
two of which contain each an area of 169 square feet; and the other 
two contain each an area of 154 square feet; also, two rooms enter 
from Representatives' Chamber, each containing an area of 170 
square feet; of two committee rooms, each containing an area of 
231 feet; of four presses and passages, stairs, lobbies and colon- 
nades, containing an area of 3,024 square feet. 

"The lobbies and Hall of Representatives have their columns and 
antse of the Octagon Tower of Andronicus Cyrrhestes and the 
plan of the hall is of the formation of the Greek theater and the 
columns and antae in the Senatorial Chamber and rotunda are of 
the Temple of Erechetus, Minerva Polias, and Pandrosus, the 
Acropolis of Athens, near the above-named parthenon. 

"Third, or attic story, consists of rooms appropriated to the Su- 
preme Court and Library, each containing an area of 693 square 
feet. Galleries of both houses have an area of 1,300 square feet; 
also, two apartments entering from Senate gallery, each 169 square 
feet, of four presses and the lobbies' stairs, 988 square feet. These 
lobbies, as well as rotunda, are lit with cupolas, and it is proposed 
to finish the court and library in the florid Gothic style." 

In the summer of 1840 the work was finished. The Assembly 
had, in December, 1832, appropriated $50,000 for the building. Mr. 
Boylan, Judge Cameron and State Treasurer Mhoon and their as- 
sociates spent that sum in the foundation. They proposed to have 
a Capitol worthy of the State. At every subsequent session the 
Assembly made additional appropriations. There was some cav- 



The North Carolina State Capitol 303 

iling, and the commissioners resigned; but the Legislature and the 
new commissioners took no step backwards. Year by year they 
pressed on the work as it had been begun, until at last, after more 
than seven years, the sum of $532,674.46 was expended. As large 
as that sum was for the time, when the State was so poor and 
when the entire taxes for all State purposes reached less than 
$100,000, yet the people were satisfied. The building had been 
erected with rigorous economy, and it was an object of great pride 
to the people. Indeed, never was money better expended than in 
the erection of this noble Capitol. 

Speaking of this structure, Samuel A. Ashe, in an address on 
David Paton, delivered in 1909, says: 

"Not seventy years have passed since the completion of this 
building, yet it has undying memories. It was finished the year 
Henry Clay was set aside and his place as the Whig leader given 
to General Harrison. Four years later Clay spoke from the west- 
ern portico; but, like Webster and Calhoun, the prize of presidency 
was denied him. The voices of other men of large mould also have 
been heard within this Capitol. Here, too, our great jurists — 
Gaston, Ruffin, Pearson and their associates — held their sessions 
and brought renown to North Carolina. Here, Badger, Mangum, 
Dobbin and scores of men known to fame held high debates. Here 
was brought forth in great travail our system of internal improve- 
ments, and of education, ramifying the State, disseminating en- 
lightenment and opening the pathways to prosperous, contented 
and happy homes for our people. 

"Here Ellis and Clark and the mighty Vance directed the af- 
fairs of State in trying days of war and suffering and desolation, 
the glories mingled with pain and sorrow, and fading away in 
heart-rending defeat; but through it all the women and men, alike 
heroes, worthy the poets' loftiest strains. Then, when the people 
were still bowed in anguish, Carolinians turned their faces to the 
future, and, with resolution and intelligence, themselves modified 
their laws and institutions to meet the new conditions; but in 
vain, for these mute walls are witnesses of the saturnalia of 
Reconstruction, still awaiting some Dante to portray the scenes 
with realistic power. Yet the dark cloud had its silver lining, 
and the courageous devotion of Jarvis, John Graham and their 
Spartan band adds historic interest to that time of fearful storm. 



304 Miscellaneous 

"Later, here was the scene of the great State trial, the impeach- 
ment of the Chief Magistrate of the Commonwealth and the contest 
between the intellectual giants of that generation, Governor 
Graham and Bragg and Merrimon, contesting with Smith and 
Coningland and Richard Badger. 

"And these walls have witnessed the reversal of that State pol- 
icy forced on an unwilling people by the mailed hand of the con- 
quering power, and the full restoration of Anglo-Saxon control. 
Never in history has a people been so clearly and effectually vindi- 
cated as those gallant souls of North Carolina, who, emulating the 
constancy of Hamilcar, swore their children to undying opposition 
to those who would destroy their civilization. Let the oppressed of 
future ages gaze on the scene and take courage. Already hallowed 
are the memories that these chambers evoke. What grand occa- 
sions yet await them. We may not lift the veil of the future, but 
experience warns up that history constantly repeats itself, and as 
the web woven by destiny unrolls itself there will yet occur within 
these enduring walls occasions of surpassing magnitude affecting 
the weal and woe of our posterity." 



STATE ADMINISTRATION BUILDING 

Mindful of the fact that only a little more than a generation ago 
the State Capitol of North Carolina was destroyed by fire, entail- 
ing the loss of many valuable records and papers, for some years 
prior to the convening of the 1911 session of the General Assembly 
the demand had been insistent for a safer housing of several de- 
partments of the State Government at Raleigh, notably the books 
and records of the North Carolina Historical Commission, which 
has now grown to be one of the most important branches of the 
work at the seat of government. 

Early in the session a movement was started for the building of 
a State administration building at the capital, and after numer- 
ous conferences and compromises of differences as to the amount 
that should be appropriated for that purpose, a bill was at length 
unanimously passed by both houses, appropriating the sum of 
$250,000 for this purpose and conferring upon the government 



State Administration Building 305 

the appointment of a State Building Commission for the consum- 
mation of this worthy undertaking. Soon after the adjournment 
of the Legislature, Governor W. W. Kitchin named as the members 
of the Commission, Ashley Home of Clayton, William E. Springer 
of Wilmington, Julian S. Carr of Durham, W. L. Parsons of 
Rockingham, A S. Rascoe of Windsor, J. A. Long of Roxboro, and 
J. Elwood Cox of High Point, men of affairs and recognized busi- 
ness ability in the State. 

The State Building Commission held its first meeting in the 
office of the State Auditor at 12:30 p. m., May 9, 1911, and organ- 
ized by the election of Ashley Home of Clayton, as chairman, and 
William E. Springer of Wilmington, as secretary. Following 
organization, a conference was held with the Board of Public 
Buildings and Grounds, composed of the Governor, Secretary of 
State, Treasurer, and Attorney-General. It was stated as the 
purpose of the General Assembly to provide ample room for the 
Supreme Court, all valuable State records, the State Library, 
offices for the Attorney-General, and several of the other State de- 
partments. The grounds were carefully gone over, the situation 
canvassed, and a subcommittee composed of Chairman Home, Sec- 
retary Springer, and Commissioner Cox was appointed to go 
further into the matter of a building and site. 

At a subsequent meeting, on May 19, 1911, the committee re- 
ported that it had secured an option on three sites, and recom- 
mended the purchase of the Grimes tract for $45,000. This recom- 
mendation was accepted by the Commission as a whole, and on 
June 6, 1911, plans as prepared by P. Thornton Marye of Atlanta, 
were accepted after hearing a number of others and after several 
conferences. These plans were later reviewed by Glenn Brown of 
Washington, D. C, another expert in building construction, and 
were declared eminently proper and in order in every respect. The 
plans called for a modern fireproof building four stories in height 
and admirably adapted to the purpose to which it would be put. 

On November 1, 1911, the Commission met again in Raleigh, 
after proposals had been invited for the building, and after consid- 
ering a number of bids for the construction, the contract was at 
length awarded to the John T. Wilson Company, of Richmond, Va., 
at a cost of $188,000, the building to be completed and ready for 
occupancy by January 19, 1913. 



o(K) Miscellaneous 

How well the State Building Commission wrought is attested by 
the splendid building which now stands opposite the Capitol 
grounds and which was occupied in January, 1914, by the several 
departments of government as agreed upon after the numerous 
conferences of the Commission. The departments occupying the 
building are as follows: First floor, State Library; second floor, 
North Carolina Historical Commission; third floor, the Supreme 
Court and Attorney-General; fourth floor, Supreme Court Library. 



NORTH CAROLINA DAY 

The following act entitled "An Act to Provide for the Celebra- 
tion of North Carolina Day in the Public Schools," is chapter 164 of 
the Public Laws of 1901: 

The General Assembly of North Carolina do enact: 

Section 1. That the 12th day of October in each and every 
year, to be called "North Carolina Day" may be devoted, by ap- 
propriate exercises in the public schools of the State, to the con- 
sideration of some topic or topics of our State history, to be se- 
lected by the Superintendent of Public Instruction. Provided, 
that if the said day shall fall on Saturday or Sunday, then, the 
celebration shall occur on the Monday next following: Provided, 
further, that if the said day shall fall at a time when any such 
schools may not be in session, the celebration may be held within 
one month from the beginning of the term, unless the Superin- 
tendent of Public Instruction shall designate some other time. 

Section 2; This act shall be in force from and after its ratifica- 
tion. 

In the General Assembly read three times and ratified this, the 
9th day of February, A. D. 1901. 

October 12th, the date selected for North Carolina Day, is the 
anniversary of the laying of the cornerstone of the University of 
North Carolina, October 12, 1793. In accordance with the pro- 
visions of this act, the Superintendent of Public Intruction has had 
prepared and distributed to the schools of the State each year a 
program of exercises devoted to the study of some phase of North 
Carolina history. 

Since the creation of North Carolina Day the following subjects 
have been studied each year (back numbers of the programs can 



Legal Holidays In North Carolina 307 

be secured from the State Superintendent of Public Instruction, 
Raleigh, N. C.) : 

1901. The Roanoke Island Colonies. Prepared by Fred A. Olds. 

1902. The Albemarle Section. Prepared by a Committee. 

1903. The Lower Cape Fear Section. Prepared by R. D. W. Connor. 

1904. The Pamlico-Neuse Section. Prepared by Charles L. Coon. 

1905. The Scotch Highlanders in North Carolina. Prepared by R. D. W. 
Connor. 

1906. Charles D. Mclver Memorial Day. Prepared by R. D. W. Connor. 

1907. The Scotch-Irish in North Carolina. Prepared by Charles H. Mebane. 

1908. The German Settlements in North Carolina. 

1909. Western North Carolina. 

1910. North Carolina Poets and Poetry. 

1911. Local and County History. 

1912. Charles B. Aycock Memorial Day. 

1913. North Carolina Rural Life and Knapp Memorial Day. Edited by 
N. C. Newbold. 

1914. Community Service. 

1915. School and Neighborhood Improvement Day. 

1916. Murphey Day: Archibald DeBow Murphey. Prepared by Edgar W. 
Knight. 

1917. Thrift, Conservatism, Patriotism. 

1919. Aycock School Improvement Day. Prepared by the State Superin- 
tendent of Public Instruction. 
1921. Armistice Day. Prepared by R. B. House. 

1924. American Education Week. 

1925. The State Flag of North Carolina and "Some Makers of the Flag." 
Prepared by Miss Susan Fulghum and J. Henry Highsmith. 



Each prepared by 
R. D. W. Connor. 



LEGAL HOLIDAYS IN NORTH CAROLINA 

Although certain great days in each year — such as New Year's 
Day, Fourth of July, Thanksgiving Day and Christmas Day — have 
long been observed as general holidays, there were no "legal" holi- 
days, in North Carolina prior to 1881. The Legislature of that 
year, in the interest of commercial transactions, passed an act to 
make these customary holidays "legal" holidays. It is in chapter 
294, Public Laws of 1881, and was brought forward in The Code 
of 1883 as sections 3784-3786 of chapter 61. It provides: 

"That the first day of January, twenty-second day of February, 
tenth day of May, twentieth day of May, fourth day of July, and a 
day appointed by the Governor of North Carolina as a thanksgiv- 
ing day, and the twenty-fifth day of December of each and every 
year be, and the same are hereby declared to be public holidays; 
and that whenever any such holiday shall fall upon Sunday, the 
Monday next following shall be deemed a public holiday, and 
papers due on such Sunday shall be payable on the Saturday next 
preceding, and papers which would otherwise be payable on said 
Monday shall be payable on the Tuesday next thereafter. 



308 Miscellaneous 

"Sec. 2. Be it further enacted. That whenever either of the 
above named days shall fall on Saturday, the papers due on the 
Sunday following shall be payable on the Monday next succeeding. 

"SEC. 3. Be it further enacted, That whenever the above named 
days shall fall on Monday, the papers which should otherwise be 
payable on that day shall be payable on Tuesday next succeeding." 

Ten years later, the nineteenth of January was made a "legal" 
holiday, by chapter 58, Public Laws of 1891, which provides: 

"That the nineteenth day of January, the birthday of the peerless 
Robert E. Lee, in each and every year hereafter, shall be a public 
holiday." 

In 1899, the first Thursday in September was designated as 
Labor Day and made a "legal" holiday. The Legislature of 1901 
amended this Act by changing the holiday from the first Thursday 
to the first Monday in September. The reason for this change 
was recited in the preamble of the act as follows: 

"Whereas it is desirable that the same date should be set aside 
by both State and Federal statutes for the observance of the same 
holiday; 

"And whereas the first Monday in September is designated by 
statutes in various states and also by Federal Statutes as Labor 
Day, while the first Thursday in September is designated as Labor 
Day by statute of this State, thereby causing confusion and annoy- 
ance in mercantile transactions, herefore," etc. 

These several acts were all brought forward in the Revisal of 
1905 as section 2838. 

The Legislature of 1907 added another legal holiday to the list 
by setting aside as a holiday "Tuesday after the first Monday in 
November, when a general election is held." This is chapter 996, 
Public Laws of 1907. 

The twelfth day of April was made a legal holiday by chapter 
888, Public Laws of 1909, which is as follows: 

"Whereas the Provincial Congress which met at Halifax, in this 
State, in April, one thousand seven hundred and seventy-six, after 
providing for the military organization of the State, did, on the 
twelfth day of April, one thousand seven hundred and seventy-six, 
adopt the following resolution, generally known as the 'Halifax 
Resolution,' to wit: 

" 'Resolved, That the delegates for this colony in the Continental 
Congress be empowered to concur with the delegates of the other 
colonies in declaring independency, and forming foreign alliances, 
reserving to this colony the sole and exclusive right of forming a 
constitution and laws for this colony.' 



Legal Holidays in North Carolina 309 

"And whereas said resolution is the first declaration in favor of 
independence by the people of the whole State, through their duly- 
authorized representatives and was adopted more than two months 
before the Declaration of Independence by the Continental Con- 
gress; and whereas an occurrence so momentous in the history of 
our State and Nation, and so illustrative of the patriotism and 
wisdom of the whole people of North Carolina, should be com- 
memorated, therefore, 

The General Assembly of North Carolina do enact: 

"Section 1. That the twelfth day of April in each and every 
year be, and the same is hereby made a legal holiday in North 
Carolina." 

The latest of our legal holidays is the eleventh of November, 
designated by chapter 287, Public Laws of 1919, which provides: 

"Section 1. That the eleventh day of each and every November 
be, and the same is hereby designated, declared and set apart as a 
legal holiday for all the citizens of North Carolina. 

"Sec. 2. That the Governor shall annually issue his proclama- 
tion proclaiming the eleventh day of November as a legal holiday 
and calling upon the people to appropriately celebrate and observe 
the same." 

Legal Holidays in North Carolina, therefore, are as follows: 

January 1 — New Year's Day. 

January 19 — Birthday of General Robert E. Lee. 

February 22 — Birthday of George Washington. 

April 12 — Anniversary of the Resolutions adopted by the Pro- 
vincial Congress of North Carolina, at Halifax, April 12, 1776, em- 
powering the delegates from North Carolina to the Continental 
Congress to vote for a Declaration of Independence. 

May 10 — Confederate Memoiial Day. 

May 20 — Anniversary of the "Mecklenburg Declaration of Inde- 
pendence." 

July 4 — Independence Day. 

September, first Monday — Labor Day. 

November, Tuesday after first Monday — General Election Day. 

November 11 — Armistice Day. 

November, last Thursday — Thanksgiving Day. 

December 25 — Christmas Day. 



310 Miscellaneous 

THE STATE FLAG 

The first legislation on the subject of a State flag was enacted 
by the Convention of 1861. May 20, 1861, the Convention adopted 
the Ordinance of Secession. 

On that same day Col. John D. Whitford, a member of the Con- 
vention from Craven County, introduced the following ordinance, 
which was passed and referred to a select committee of seven: 

"Be is ordained that the flag of this State shall be a blue field 
with a white V thereon, and a star, encircling which shall be the 
words 'Surgit astrum, May 20th, 1775.' " 

Colonel Whitford was made chairman of the committee to which 
this ordinance was referred. The committee secured the aid and 
advice of William Garl Brown, an artist of Raleigh. Brown pre- 
pared and submitted a model to this committee. And this model 
was adopted by the Convention on the 22d day of June, 1861. It 
will be observed that the Brown model, to be hereafter explained, 
was vastly different from the one originally proposed by Colonel 
Whitford. Here is the ordinance as it appears on the Journal of 
the Convention: 

"an ordinance in relation to a state flag" 

"Be it ordained by this Convention, and it is hereby ordained by 
the authority of the same, that the flag of North Carolina shall 
consist of a red field with a white star in the center, and with the 
inscription, above the star, in a semi-circular form of 'May 20, 
1775,' and below the star, in a semi-circular form of 'May 20, 1861.' 
That there shall be two bars of equal width, and the length of the 
field shall be equal to the bar, the width of the field being equal to 
both bars; the first bar shall be blue, and the second shall be white; 
and the length of the flag shall be one-third more than its width." 
(Ratified the 22d day of June, 1861). 

This State flag, adopted in 1861, is said to have been issued to 
the first ten regiments of State troops during the summer of that 
year, and was borne by them throughout the war, being the only 
flag, except the National and Confederate colors, used by the North 
Carolina troops during the Civil War. This flag existed until 1885, 
when the Legislature of that year adopted a new model. 

The bill, which was introduced by General Johnstone Jones on 
the 5th of February, 1885, passed its final reading one month 
later after little or no debate. This act reads as follows: 



The Great Seal 311 

an act to establish a state flag 
The General Assembly of North Carolina do enact: 

Section 1. That the flag of North Carolina shall consist of a 
blue union, containing in the center thereof a white star with the 
letter N in gilt on the left and the letter C in gilt on the right of 
said star, the circle containing the same to be one-third the width 
of the union. 

Sec. 2. That the fly of the flag shall consist of two equally pro- 
portioned bars; the upper bar to be red, the lower bar to be white; 
that the length of the bars horizontally shall be equal to the per- 
pendicular length of the union, and the total length of the flag 
shall be one-third more than its width. 

Sec. 3. That above the star in the center of the union there 
shall be a gilt scroll in semi-circular form, containing in black 
letters this inscription: "May 20th, 1775," and that below the 
star there shall be a similar scroll containing in black letters the 
inscription: "April 12, 1776." 

In the General Assembly read three times and ratified this 9th 
day of March, A. D., 1885. 

No change has been made in the flag since the passage of this 
act. By an act of 1907 it is provided: 

"That the board of trustees or managers of the several State in- 
stitutions and public buildings shall provide a North Carolina flag, 
of such dimensions and material as they may deem best, and the 
same shall be displayed from a staff upon the top of each and every 
such building at all times except during inclement weather, and 
upon the death of any State officer or any prominent citizen the 
flag shall be put at half-mast until the burial of such person shall 
have taken place. 

"That the Board of County Commissioners of the several coun- 
ties in this State shall likewise authorize the procuring of a North 
Carolina flag, to be displayed either on a staff upon the top, or 
draped behind the judges' stand, in each and every courthouse in 
the State, and that the State flag shall be displayed at each and 
every term of court held, and on such other public occasions as the 
Commissioners may deem proper." 



THE GREAT SEAL* 

The Constitution of North Carolina, Article III, Section 16, re- 
quires that 



♦Abridged from "The Great Seal of North Carolina," by J. Bryan Grimes. 
Publications of the North Carolina Historical Commission, Bulletin No. 5. 



312 Miscellaneous 

"There shall be a seal of the State which shall be kept by the 
Governor, and used by him as occasion may require, and shall be 
called 'The Great Seal of the State of North Carolina.' All grants 
and commissions shall be issued in the name and by the authority 
of the State of North Carolina, sealed with 'The Great Seal of the 
State/ signed by the Governor and countersigned by the Secretary 
of State." 

The use of a Great Seal for the attestation of important docu- 
ments began with the institution of government in North Carolina. 
There have been at various times nine different seals in use in the 
colony and State. The first seal was adopted by the Lords Proprie- 
tors of Carolina soon after receiving their charters from the Crown 
in 1665. This seal is to be seen in the Public Record Office in Lon- 
don. It is described as follows: 

"The obverse side has a shield bearing on its face two cornu- 
copias crossed, filled with products and having for supporters, on 
the sinister side, an Indian chief holding an arrow. On the dexter 
is an Indian squaw with a papoose by her side and one in her arms. 
These natives, I imagine, are supposed to be bringing tribute. The 
crest is a stag upon a wreath above a helmet from which there is a 
mantling. On the scroll below the shield is the motto, Domitus 
Cultoribus Orbis. Around the shield are the words MAGNUM 
SIGILLUM CAROLINAE DOMINORUM. On the reverse side is 
a disc bearing a cross, around which are arranged the coats-of- 
arms of the Lords Proprietors in the following order: Clarendon, 
Albemarle, Craven, John Berkeley, Cooper, Carteret, William 
Berkeley, and Colleton. The size of this seal is 3% inches in diam- 
eter, and was made by placing together two wax cakes with tape 
between before being impressed, and was about *4 inch thick. 
This seal was used on all the official papers of the Lords Pro- 
prietors for Carolina, embracing North and South Carolina." 

About 1665 the government of Albemarle County was organized, 
and for a seal the reverse side of the seal of the Lords Proprietors 
was adopted. It bore the word A-L-B-E-M-A-R-L-E, beginning 
with the letter A between the names of Clarendon and Albemarle, 
L between the arms of Albemarle and Craven, BE between the 
arms of Craven, Lord John Berkley, etc. 

This was a small seal In- inches in diameter, with one face only, 
and is now frequently to be found attached to colonial papers. It 
was first used for the government of the county of Albemarle, and 
then became the seal of the Province of North Carolina, being used 
until just after the purchase by the Crown. 



The Great Seal 313 

In 1730, after the purchase of the colony by the Crown, the Lords 
of Trade proposed to the King a new seal "whereon Liberty is rep- 
resented introducing Plenty to your Majestiy with this motto, Quae 
sera tamen respexit, and this inscription around the circumfer- 
ence, Sigillum Provinciae Nostrae Carolinae, Septentrionalis." The 
background on which the King and these figures stand is a map of 
the coast of North Carolina, and in the offing is a ship. On the 
reverse of this seal are the Royal Arms, Crown, Garter, Supporters, 
and Motto, with this inscription around the circumference, 
Georgius Secundus Dei Gratia Magnae Britaniae, Franciae, et 
Hiberniae, Rex, Fidei Defensor, Brunsvici et Lunenbergi Dux, 
Sacri Romani Imperii Archi Thesaurarius, et Elector. 

This seal was made by placing two cakes or layers of wax to- 
gether, between which was the ribbon or tape with which the in- 
strument was interlaced and by which the seal was appended. It 
was customary to put a piece of paper on the outside of these cakes 
before they were impressed. The seal complete was 4% inches in 
diameter and from V2 to % inch thick and weighed about 5^ 
ounces. 

In 1767 Governor Tryon received from the King a new Great 
Seal for the Province. The new seal was engraved on the one side 
with the Royal Arms, Garter, Crown, Supporters, and Motto, and 
this inscription around the circumference "Georgius III D: G: 
Mag. Bri. Fr. et Hib. Rex, F. D. Brum, et Lun, Dux, S. R. I. ar 
Thes. et El." On the other side are figures of the King and Liberty 
who is introducing Plenty to the King with this motto, Quae Sera 
Tamen Respexit. Around the circumference is the following 
legend: Sigillium, Provinciae Nostrae Carolinae, Septentrionalis. 
This seal was 4 inches in diameter, V2 to % inch thick, and 
weight AV2 ounces. 

Sometimes a smaller seal than the Great Seal was used, as com- 
missions and grants are often found with a small heart-shaped 
seal about one inch wide and a quarter of an inch thick which was 
impressed with a crown. Also a seal was occasionally used about 
three inches long and two inches wide and a half an inch thick, in 
the shape of an ellipse. These impressions were evidently made 
by putting the wax far enough under the edge of the Great Seal to 
take the impression of the crown. The royal governors also some- 
times used their private seals. 



314 Miscellaneous 

When the government of the independent state of North Caro- 
lina was organized, the Constitution adopted at Halifax, December 
18, 1776, provided, Section XVII, "That there shall be a seal of this 
State, which shall be kept by the Governor, and used by him as 
occasion may require; and shall be called the Great Seal of the 
State of North Carolina and be affixed to all grants and commis- 
sions." 

The Convention of 1868 changed the section of the Constitution, 
with reference to the seal, to read as it now stands. 

The Assembly of 1778 appointed William Tisdale to cut and en- 
grave the first State seal, under the direction of the Governor. 
This seal was used until 1794. Its actual size was three inches in 
diameter and % inch thick. It was made by putting two cakes of 
wax togther with paper wafers on the outside and pressed between 
the dies forming the obverse and reverse sides of this seal. 

The seal of 1778 is described as follows: 

i "On one side is the figure of Minerva or Liberty holding in the 
right hand the pole with cap and in the left hand with arm ex- 
tended is held a large scroll on which appears in large capital let- 
ters the word 'Constitution.' Under the figure the words, IN 
LEGIBUS SALUS. Around the circumference are the words, 
THE GREAT SEAL OF THE STATE OF NORTH CAROLINA. 
On the other side of the shield is the figure of a woman, probably 
Plenty. The right arm is folded across her breast and in her right 
hand inclining toward her left shoulder is held a distaff. In the 
left hand with arm extended is held an ear of corn. In the distance 
beyond a tree browses a cow. Under these figures appear the word 
and letters INDEPENDENCE— MDCCLXXVL' Around the cir- 
cumference appear the words O. FORTUNATOS, NIMIUM, SUA. 
SI. BONA. NORINT, COLONOS." 

In December, 1781, the General Assembly authorized the Gov- 
ernor to procure a seal that should "be prepared with one side only, 
and calculated to make the impression on the face of such grant, 
commission, record, or other public act," etc. An artist in Phila- 
delphia submitted a sketch to the Governor as follows : Minerva is 
represented in the act of introducing Ceres with her horn of plenty 
to Liberty, who is seated on a pedestal holding in her right hand 
a book on which is inscribed the word "Constitution." In the 
background are introduced a pyramid, denoting strength and dura- 



The Great Seal 315 

bility, and a pine tree which relates immediately to the products of 
the State. 

This sketch, omitting Minerva and with some minor charges, 
was accepted by Governor Spaight. The new seal was very much 
like the present one. It has two figures, Liberty and Plenty. Lib- 
erty is seated on a pedestal with her pole in her right hand, and 
her cap on the pole; in her left hand is a scroll with the word 
"Constitution" upon it. Plenty is standing to the left and front of 
Liberty; around her head is a circlet of flowers; in her right hand, 
leaning against her shoulder, is her cornucopia, mouth upwards, 
overflowing with fruits and produce. In her left is an ear of corn. 
Around the circumference are words THE GREAT SEAL OF 
THE STATE OF NORTH CAROLINA. 

This seal was 2% inches in diameter, slightly larger than the 
present one, and was used until about 1835. 

In 1834 the Legislature authorized the Governor to procure a 
new seal. The preamble to the act states that the old seal had 
been in use since the first day of March, 1793. The seal adopted in 
1835, which was used until 1883, was very similar to its predeces- 
sor. On it Liberty and Plenty faced each other. Liberty was 
standing, her pole with cap on it in her left hand, and a scroll with 
the word "Constitution" inscribed thereon in her right hand. 
Plenty is sitting down, her right arm half extended towards Lib- 
erty, three heads of wheat in her right hand, and in her left the 
small end of her horn, the mouth of which is resting at her feet, 
and the contents of her horn rolling out. Around the circumfer- 
ence were the words THE GREAT SEAL OF THE STATE OF 
NORTH CAROLINA. This seal was 2hi inches in diameter. 

In 1883 an act was passed relative to the seal, which was incor- 
porated in the Code as section 3329. The seal therein provided for 
is described as follows: 

"The Great Seal of the State of North Carolina shall be two and 
one-quarter inches in diameter, and its design shall be a repre- 
sentation of the figures of Liberty and Plenty, looking toward each 
other, but not more than half fronting each other, and otherwise 
disposed as follows: Liberty, the first figure, standing, her pole 
with cap on it in her left hand and a scroll with the word 'Consti- 
tution' inscribed thereon in her right hand. Plenty, the second 
figure, sitting down, her right arm half extended towards Liberty, 



•^H> Miscellaneous 

three heads of wheat in her right hand, and in her left the small 
end of her horn, the mouth of which is resting at her feet, and the 
contents of the horn rolling out." 

In 1893 an act, introduced by Jacob Battle, added at the foot of 
the coat of arms of the State as a part thereof the motto "Esse 
Quam Videri," and required that the words, "May 20, 1775," be in- 
scribed at the top of the coat of arms. 

The present Great Seal of the State of North Carolina is 
described as follows: 

"The Great Seal of the State of North Carolina is two and one- 
quarter inches in diameter, and its design is a representation of 
the figures of Liberty and Plenty, looking towards each other, but 
not more than half fronting each other, and otherwise disposed as 
follows: Liberty, the first figure standing, her pole with cap on it 
in her left hand and a scroll with the word 'Constitution' inscribed 
thereon in her right hand. Plenty, the second figure, sitting down, 
her right arm half extended toward Liberty, three heads of wheat 
in her right hand, and in her left the small end of her horn, the 
mouth of which is resting at her feet, and the contents of horn roll- 
ing out. In the exergue is inserted the words May 20, 1775, above 
the coat of arms. Around the circumference is the legend. 'The 
Great Seal of the State of North Carolina,' and the motto, 'Esse 
Quam Videri.' " 



STATE MOTTO AND ITS ORIGIN* 

The General Assembly of 1893 (chapter 145) adopted the words 
"Esse Quam Videri" as the State's motto and directed that these 
words with the date, "20 May, 1775," should be placed with our 
Coat of Arms upon the Great Seal of the State. 

The words "Esse Quam Videri" mean "to be rather than to 
seem." Nearly every state has adopted a motto, generally in Latin. 
The reason for their mottoes being in Latin is that the Latin 
tongue is far more condensed and terse than the English. The 
three words, "Esse Quam Videri," require at least six English 
words to express the same idea. 

Curiosity has been aroused to learn the origin of our State 
motto. It is found in Cicero in his essay in Friendship (Cicero De 



•Adapted from an article by Chief Justice Walter Clark in The North 
Carolina Booklet, Vol. IX, No. 3. 



State Motto and Its Origin 317 

Amicitia, chap. 26). He says, "Virtute enim ipsa non tam multi 
prediti esse quam videri," i. e., "Virtue is a quality which not so 
many desire to possess as desire to seem to possess," or, translated 
literally, "For indeed not so many wish to be endowed with virtue 
as wish to seem to be." 

The phrase is a striking one, and Cicero's version of it has been 
caught up and often used as a motto. No less than three houses of 
British nobility have adopted it, to wit: the Earl of Winterton, 
Earl Brownlow, and Lord Lurgan. 

It has been adopted by many associations, especially literary 
societies. In this State it is the motto of Wilson Collegiate Insti- 
tute and, and with some modifications of one of the societies at 
Wake Forest College. 

The figures on our State Coat of Arms are Liberty and Plenty. 
It has been objected that the motto has no reference or application 
to the figures on the coat of arms. It is very rarely that such 
is the case. The national motto, "E Pluribus Unum," has no ref- 
erence to the Eagle and Shield and the Thunderbolts on the na- 
tional coat of arms. Nor have the "Excelsior" of New York, the 
"Dirigo" of Maine, the "Qui Transtulet, Sustinet" of Connecticut 
any application to the figures above them. Indeed, Virginia's "Sic 
Semper Tyrannis" is one of the very few instances in which the 
motto bears such reference. But, in fact, is our motto so entirely 
without reference to the coat of arms as is usually the case? The 
figures are, as just stated, Liberty and Plenty. Is it inappropriate 
to say we prefer to be free and prosperous than seem to be so? 
There have been states that had all the appearance of liberty and 
prosperity, when in truth having lost the reality of both, they were 
tottering to their fall. 

It is a little singular that until the act of 1893 the sovereign 
state of North Carolina had no motto since its declaration of inde- 
pendence. It was one of the very few states which did not have a 
motto, and the only one of the original thirteen without one. 

It may be noted that up to the time it became a "sovereign and 
independent state" the Colony or Province of North Carolina bore 
on its great seal "Quae sera tamen respexit." This was taken from 
the first Eclogue of Virgil (line 27) and, referring to the figure of 
Liberty, meant "Which, though late, looked upon me" — the full 



:> >l- s Miscellaneous 

line in Virgil being "Liberty which, though late, looked upon me 
indolent." No wonder that this was dropped by the new State. 
Nothing could possibly have been more inappropriate. Liberty 
came not to her late; and it came not to a people inert or unseeking 
her rewards. To such, liberty never comes. 

It may be mentioned, to prevent any misunderstanding as to the 
scope of the act of 1893 (now Revisal, sec. 5320), that it does not 
apply to county seals. Each county is authorized to adopt its own 
seal. Revisal, sec. 1318 (24). Many counties now have on their 
county seals the appropriate phrase, "Leges Jaraque Vindicamus." 
Some have adopted the State motto. But this is a matter left to 
the discretion of the county commissioners in each county. 

Note by the Editors (of The Booklet). The bill which was 
passed in 1893 to adopt our State motto was introduced by Sen- 
ator Jacob Battle, of Nash, afterwards Judge of the Superior 
Court. We have before us a letter from him in which he states 
that the motto was selected by Judge — since Chief Justice — Walter 
Clark, who also drew the bill and requested him to present it. He 
adds that the words "20 May 1775," secured the hearty cooperation 
of Senator Brevard McDowell of Mecklenburg, and by their joint 
efforts the bill passed by the unanimous vote of both houses of the 
General Assembly, and without amendment. 



THE STATE SONG 

Ch. 26, P. L. 1927. 

At the request of a committee of the North Carolina Division of 
the United Daughters of the Confederacy, the General Assembly 
enacted that the song known as "The Old North State," written 
by William Gaston, be adopted as the official song of the state of 
North Carolina, said song being in words as follows: 

"Carolina! Carolina! Heaven's blessings attend her! 
While we live we will cherish, protect and defend her; 
Though the scorner may sneer at and witlings defame her, 
Our hearts swell with gladness whenever we name her. 

Hurrah! Hurrah! The Old North State forever! 
Hurrah! Hurrah! The good Old North State! 



The Confederate Museum at Richmond 319 

Though she envies not others their merited glory, 
Say, whose name stands the foremost in Liberty's story! 
Though too true to herself e'er to crouch to oppression, 
Who can yield to just rule more loyal submission? 

Plain and artless her sons, but whose doors open faster 
At the knock of a stranger, or the tale of disaster? 
How like the rudeness of their dear native mountains 
With rich ore in their bosoms and life in their fountains. 

And her daughters, the Queen of the Forest resembling — 
So graceful, so constant, yet to gentlest breath trembling; 
And true lightwood at heart, let the match be applied them, 
How they kindle and flame! Oh! None know but who've tried 
them. 

Then let all who love us, love the land that we live in 
(As happy a region as on this side of Heaven), 
Where Plenty and Freedom, Love and Peace smile before us, 
Raise aloud, raise together, the heart-thrilling chorus!" 



The Confederate Museum at Richmond 

The house in Richmond, Virginia, which was the Executive Man- 
sion of the Confederate States, and was occupied by President 
Davis from 1862 to 1865, is in charge of the Confederate Memorial 
Literary Society, and is filled with relics of the Confederacy. Each 
southern state has a room, to whose endowment the Daughters of 
the Confederacy contribute. To the support of the North Caro- 
lina room, the General Assembly appropriates $200 annually. In 
1919 it was decided that $2,000 was not sufficient for the endow- 
ment of each room. The amount was increased to $5,000. North 
Carolina, South Carolina and Virginia have gone over the top, but 
several of the rooms are far from reaching their goal. The North 
Carolina room contains a large collection of relics and the largest 
collection of portraits in the Museum. About 15,000 persons visit 
the Museum annually. Each Confederate state has a Regent who 
is expected to collect relics, etc., and funds for its room and a 
Vice Regent who gives personal superivsion to the room and its 
needs. Mrs. John L. Bridgers, Tarboro, N. C, is the Regent and 
Mrs. J. Allison Hodges, 5511 Cary Street Road, Richmond, Va., 
is Vice Regent for North Carolina. 



320 Miscellaneous 

THE HALIFAX RESOLUTION 

Adopted by the Provincial Congress of North Carolina 
in session at Halifax, April 12, 1776. 

It appears to your committee that pursuant to the plan concerted 
by the British Ministry for subjugating America, the King and 
Parliament of Great Britain have usurped a power over the per- 
sons and properties of the people unlimited and uncontrolled; and 
disregarding their humble petitions for peace, liberty and safety, 
have made divers legislative acts, denouncing war, famine, and 
every species of calamity, against the Continent in general. The 
British fleets and armies have been, and still are, daily employed 
in destroying the people, and committing the most horrid devasta- 
tions on the country. The Governors in different Colonies have de- 
clared protection to slaves who should imbrue their hands in the 
blood of their masters. That ships belonging to America are de- 
clared prizes of war, and many of them have been violently seized 
and confiscated. In consequence of all of which multitudes of the 
people have been destroyed, or from easy circumstances reduced 
to the most lamentable distress. 

And whereas the moderation hitherto manifested by the United 
Colonies and their sincere desire to be reconciled to the mother 
country on constitutional principles, have procured no mitigation 
of the aforesaid wrongs and usurpations, and no hopes remain of 
obtaining redress by those means alone which have been hitherto 
tried, your committee are of opinion that the House should enter 
into the following resolve, to wit: 

Resolved, That the delegates for this Colony in the Continental 
Congress be empowered to concur with the delegates of the other 
Colonies in declaring Independency, and forming foreign alliances, 
reserving to this Colony the sole and exclusive right of forming 
a Constitution and laws for this Colony, and of appointing dele- 
gates from time to time (under the direction of a general repre- 
sentation thereof), to meet the delegates of the other Colonies for 
such purposes as shall be hereafter pointed out. 



The Declaration of Independence 321 

THE DECLARATION OF INDEPENDENCE 

In Congress, July U, 1776 

The Unanimous Declaration of the Thirteen United States 

of America 

When, in the course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected 
them with another, and to assume among the Powers of the earth, 
the separate and equal station to which the Laws of Nature and of 
Nature's God entitle them, a decent respect to the opinions of man- 
kind requires that they should declare the causes which impel them 
to the separation. 

We hold these truths to be self-evident, that all men are created 
equal, that they are endowed by their Creator with certain unalien- 
able Rights, that among these are Life, Liberty and the pursuit of 
Happiness. That to secure these rights, Governments are insti- 
tuted among Men, deriving their just powers from the consent of 
the governed. That whenever any Form of Government becomes 
destructive of these ends, it is the Right of the People to alter or to 
abolish it, and to institute new Government, laying its foundation 
on such principles and organizing its powers in such form, as to 
them shall seem most likely to effect their Safety and Happiness. 
Prudence, indeed, will dictate that Governments long established 
should not be changed for light and transient causes and accord- 
ingly all experience hath shown, that mankind are more disposed 
to suffer, while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But when a 
long train of abuses and usurpations, pursuing invariably the same 
Object evinces a design to reduce them under absolute Despotism, 
it is their right, it is their duty, to throw off such Government, and 
to provide new Guards for their future security. Such has been the 
patient sufferance of these Colonies; and such is now the necessity 
which constrains them to alter their former Systems of Govern- 
ment. The history of the present King of Britain is a history of 
repeated injuries and usurpations, all having in direct object the 
establishment of an absolute Tyranny over these States. To pro- 
vide this, let Facts be submitted to a candid world. 



322 Miscellaneous 

He has refused his Assent to Laws, the most wholesome and 
necessary for the public good. 

He has forbidden his Governors to pass Laws of immediate and 
pressing importance, unless suspended in their operation till his 
Assent should be obtained; and when so suspended, he has utterly 
neglected to attend to them. 

He has refused to pass other Laws for the accommodation of 
large district of people, unless those people would relinquish the 
right of Representation in the Legislature, a right inestimable to 
them and formidable to tyrants only. 

He has called together legislative bodies at places unusual, un- 
comfortable, and distant from the depository of their Public 
Records, for the sole purpose of fatiguing them into compliance 
with his measures. 

He has dissolved Representative Houses repeatedly, for opposing 
with manly firmness his invasion on the rights of the people. 

He has refused for a long time, after such dissolutions, to cause 
others to be elected; whereby the Legislative Powers, incapable of 
annihilation, have returned to the People at large for their exer- 
cise; the State remaining in the meantime exposed to all the 
dangers of invasion from without, and convulsions within. 

He has endeavored to prevent the population of these States; for 
that purpose obstructing the Laws of Naturalization of Foreigners; 
refusing to pass others to encourage their migration hither, and 
raising the conditions of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by refusing his 
Assent to Laws for establishing Judiciary Powers. 

He has made Judges dependent on his Will alone, for the tenure 
of their offices, and the amount and payment of their salaries. 

He has erected a multitude of New Offices, and sent hither 
swarms of Officers to harass our People, and eat out their 
substance. 

He has kept among us, in times of peace, Standing Armies with- 
out the Consent of our legislature. 

He has affected to render the Military independent of and su- 
perior to the Civil Power. 



The Declaration of Independence 323 

He has combined with others to subject us to a jurisdiction 
foreign to our constitution, and unacknowledged by our laws; 
giving his Assent to their acts of pretended legislation: 

For quartering large bodies of armed troops among us: 

For protecting them, by a mock Trial, from Punishment for any 
Murders which they should commit on the inhabitants of these 
States : 

For cutting off of Trade with all parts of the world: 

For imposing taxes on us without our Consent : 

For depriving us in many cases, of the benefits of Trial by Jury : 

For transporting us beyond Seas to be tried for pretended of- 
fenses : 

For abolishing the free System of English Laws in a neighboring 
Province, establishing therein an Arbitrary government, and en- 
larging its Boundaries so as to render it at once an example and 
fit instrument for introducing the same absolute rule into these 
Colonies: 

For taking away our Charters, abolishing our most valuable 
Laws, and altering fundamentally the Forms of our Governments: 

For suspending our own Legislature, and declaring themselves 
invested with Power to legislate for us in all cases whatsoever. 

He has abdicated Government here, by declaring us out of his 
Protection and waging War against us. 

He has plundered our seas, ravaged our Coasts, burnt our towns, 
and destroyed the lives of our people. 

He is at this time transporting large armies of foreign mercena- 
ries to complete the works of death, desolation and tyranny, al- 
ready begun with circumstances of Cruelty & perfidy scarcely 
paralleled in the most barbarous ages, and totally unworthy the 
Head of a civilized nation. 

He has constrained our fellow Citizens taken Captive on the high 
Seas to bear Arms against their Country, to become the execution- 
ers of their friends and Brethren, or to fall themselves by their 
Hands. 

He has excited domestic insurrections amongst us, and has en- 
deavoured to bring on the inhabitants to our frontier, the merci- 



824 Miscellaneous 

less Indian Savages, whose known rule of warfare, is an undis- 
tinguished destruction of all ages, sexes and conditions. 

In every stage of these Oppressions We have Petitioned for Re- 
dress in the most humble terms: Our repeated Petitions have 
been answered only by repeated injury. A Prince, whose charac- 
ter is thus marked by every act which may define a Tyrant, is unfit 
to be the ruler of a free People. 

Nor have We been wanting in attention to our British brethren. 
We have warned them from time to time of attempts by their leg- 
islature to extend an unwarrantable jurisdiction over us. We have 
reminded them of the circumstances of our emigration and settle- 
ment here. We have appealed to their native justice and magna- 
nimity, and we have conjured them by the ties of our common kin- 
dred to disavow these usurpations which would inevitably interrupt 
our connection and correspondence. They too have been deaf to 
the voice of justice and of consanguinity. We must, therefore, ac- 
quiesce in the necessity, which denounces our Separation, and hold 
them, as we hold the rest of mankind, Enemies in War, in Peace, 
Friends. 

We, therefore, the Representatives of the United States of Amer- 
ica, in General Congress, Assembled, appealing to the Supreme 
Judge of the world for the rectitude of our intentions, do, in the 
Name, and by Authority of the good People of these Colonies, 
solemnly publish and declare, That these United Colonies are, and 
of Right ought to be Free and Independent States; that they are 
Absolved from all Allegiance to the British Crown, and that all 
political connection between them and the State of Great Britain, 
is and ought to be totally dissolved; and that as Free and Inde- 
pendent States, they have full Power to Levy War, conclude Peace, 
contract Alliances, establish Commerce, and do all other Acts and 
Things which Independent States may of right do. And for the 
support of this Declaration, with a firm reliance on the Protection 
of Divine Providence, we mutually pledge to each other our Lives, 
our Fortunes and our sacred Honor. JOHN HANCOCK. 

New Hampshire— Josiah Bartlett, Wm. Whipple, Matthew 
Thornton. 

Massachusetts Bay— Sam'u Adams, John Adams, Robt. Treat 
Paine, Elbridge Gerry. 



The Declaration op Independence 32.") 

Rhode Island — Step. Hopkins. William Ellery. 

Connecticut — Roger Sherman, Sam'el Huntington, Wm. Wil- 
liams, Oliver Wolcott. 

New York — Wm. Floyd, Phil. Livingston, Frans. Lewis, 
Lewis Morris. 

New Jersey — Richd. Stockton, Jno. Witherspoon, Fras. Hop- 
kinson, John Hart, Abra. Clark. 

Pennsylvania — Robt. Morris, Benjamin Rush, Benja. Frank- 
lin, John Morton, Geo. Clymer, Jas. Smith, Geo. Taylor, James 
Wilson, Geo. Ross. 

Delaware — Caesar Rodney, Geo. Read, Tho. M'Kean. 

Maryland — Samuel Chase, Wm. Paca, Thos. Stone, Charles 
Carroll of Carrolton. 

Virginia — George Wythe, Richard Henry Lee, Th. Jefferson, 
Benja. Harrison, Thos. Nelson, Jr., Francis Lightfoot Lee, 
Carter Braxton. 

North Carolina — Wm. Hooper, Joseph Hewes, John Penn. 

South Carolina — Edward Rutledge, Thos. Heywood, junr., 
Thomas Lynch, junr., Arthur Middleton. 

Georgia — Button Gwinnett, Lyman Hall, Geo. Walton.* 



•This arrangement of the names is made for convenience. The states are 
not mentioned in the original. 



PART VIII 



PLATFORMS OF POLITICAL PARTIES, 1928 



1. National Democratic Platform. 

2. National Republican Platform. 

3. National Farmer-Labor Platform. 

4. National Socialist Platform. 

5. National Prohibition Platform. 

6. State Democratic Platform. 

7. State Republican Platform. 



NATIONAL DEMOCRATIC PLATFORM, 1928 

We, the Democratic Party, in convention assembled, pause to 
pay our tribute of love and respect to the memory of him who in 
his life and in his official actions voiced the hopes and aspirations 
of all good men and women of every race and clime, the former 
president of the United States, Woodrow Wilson. His spirit 
moves on and his example and deeds will exalt those who come 
after us as they have inspired us. 

We are grateful that we were privileged to work with him and 
again pay tribute to his high ideals and accomplishments. 

We reaffirm our devotion to the principles of Democratic gov- 
ernment formulated by Jefferson and enforced by a long and il- 
lustrious line of Democratic Presidents. 

We hold that government must function not to centralize our 
wealth but to preserve equal oppoi-tunity so that all may share in 
our priceless resources; and not confine prosperity to a favored 
few. We, therefore, pledge the Democratic Party to encourage 
business, small and great alike; to conserve human happiness and 
liberty; to break the shackles of monopoly and free business of the 
nation; to respond to popular will. 

The function of a national platform is to declare general prin- 
ciples and party policies. We do not, therefore, assume to bind our 
party respecting local issues or details of legislation. 

We, therefore, declare the policy of the Democratic Party with 
regard to the following dominant issues: 

THE RIGHTS OF THE STATES 

We demand that the constitutional rights and powers of the 
states shall be preserved in their full vigor and virtue. These 
constitute a bulwark against centralization and the destructive 
tendencies of the Republican Party. 

We oppose bureaucracy and the multiplication of offices and 
office holders. 

We demand a revival of the spirit of local self-government with- 
out which free institutions cannot be preserved. 



330 Platforms of Political Parties 

republican corruption 

Unblushingly, the Republican Party offers as its record, agri- 
culture prostrate, industry depressed, American shipping de- 
stroyed, workmen without employment, everywhere disgust and 
suspicion and corruption unpunished and unafraid. 

Never in the entire history of the country has there occurred 
in any given period of time or, indeed, in all time put together, 
such a spectacle of sordid corruption and unabashed rascality as 
that which has characterized the administration of Federal affairs 
under eight blighting years of Republican rule. Not the revels of 
reconstruction nor all the compounded frauds succeeding that 
evil era, have approached in sheer audacity the shocking thieveries 
and startling depravities of officials high and low in the public 
service at Washington. From Cabinet ministers, with then- 
treasonable crimes, to the cheap vendors of official patronage, 
from the purchasers of seats on the United States Senate to the 
vulgar grafters upon alien trust funds, and upon the hospital re- 
sources of the disabled veterans of the World War; from the givers 
and receivers of stolen funds for Republican campaign purposes 
to the public men who sat by silently consenting and never re- 
vealing a fact nor uttering a word in condemnation, the whole 
official organization under Republican rule has become saturated 
with dishonesty, defiant of public opinion and actuated only by a 
partisan desire to perpetuate its control of the government. 

As in the time of Samuel J. Tilden, from whom the Presidency 
was stolen, the watchword of the day should be : "Turn the ras- 
cals out." This is the appeal of the Democratic Party to the people 
of the country. To this fixed purpose should be devoted every 
effort and applied every resource of the party; to this end every 
minor difference on non-essential issue should be put aside and a 
determined and united fight be made to rescue the government 
from those who have betrayed their trust by disgracing it. 

economy and reorganization 

The Democratic Party stands for efficiency and economy in the 
administration of public affairs and we pledge: 

(a) Business-like reorganization of all the departments of the 
government. 



National Democratic Platform :>."»1 

(b) Elimination of duplication, waste and overlapping. 

(c) Substitution of modern business-like methods for existing 
obsolete and antiquated conditions. 

No economy resulted from the Republican Party rule. The 
savings they claim take no account of the elimination of expendi- 
tures following the end of the World War, the large sums realized 
from the sale of war materials, nor its failure to supply sufficient 
funds for the efficient conduct of many important governmental 
activities. 

finance and taxation 

(a) The Federal Reserve System, created and inaugurated 
under Democratic auspices, is the greatest legislative contribution 
to constructive business ever adopted. The administration of the 
system for the advantage of stock market speculators should cease. 
It must be administered for the benefit of farmers, wage earners, 
merchants, manufacturers and others engaged in constructive 
business. 

(b) The taxing function of governments, free of despotism, has 
for centuries been regarded as the power above all others which re- 
quires vigilant scrutiny to the end that it be not exercised for pur- 
poses of favor or oppression. 

Three times since the World War the Democrats in Congress 
have favored a reduction of the tax burdens of the people in face 
of stubborn opposition from a Republican administration; and 
each time these reductions have largely been made for the relief 
of those least able to endure the exactions of a Republican fiscal 
policy. The tax bill of the session recently ended was delayed by 
Republican tactics and juggled by partisan considerations so as 
to make impossible a full measure of relief to the greater body of 
taxpayers. The moderate reductions afforded were grudgingly 
conceded and the whole proceeding in Congress, dictated as far as 
possible from the White House and the Treasury, denoted the 
proverbial desire of the Republican Party always to discriminate 
against the masses in favor of privileged classes. 

The Democratic Party avows its belief in the fiscal policy in- 
augurated by the last Democratic administration, which has pro- 
vided a sinking fund sufficient to extinguish the nation's indebted- 



332 Platforms of Political Parties 

ness within a reasonable period of time. Without harassing the 
present and next succeeding generations with tax burdens, which, 
if not unedurable, do in fact check initiative in enterprise and 
progress in business. Taxes levied beyond the actual requirments 
of the legally established sinking fund are but an added burden 
upon the American people, and the surplus thus accumulated in 
the Federal Treasury is an incentive to the increasingly extrav- 
agant expenditures which have characterized Republican adminis- 
trations. We, therefore, favor a further reduction of the internal 
taxes of the people. 

TARIFF 

The Democratic tariff legislation will be based on the following 
policies: 

(a) The maintenance of legitimate business and a high standard 
of wages for American labor. 

(b) Increasing the purchasing power of wages and income by 
the reduction of those monopolistic and extortionate tariff rates 
bestowed in payment of political debts. 

(c) Abolition of log-rolling and restoration of the Wilson con- 
ception of fact-finding tariff commission, quasi-judicial and free 
from the executive domination which has destroyed the usefulness 
of the present commission. 

(d) Duties that will permit effective competition, insure against 
monopoly and at the same time produce a fair revenue for the 
support of government. Actual difference between the cost of pro- 
duction at home and abroad, with adequate safeguard for the wage 
of the American laborer, must be the extreme measure of every 
tariff rate. 

(e) Safe-guarding the public against monopoly created by 
special tariff favors. 

(f) Equitable distribution of the benefits and burdens of the 
tariff among all. 

Wage earner, farmer, stockman, producer and legitimate busi- 
ness in general have everything to gain from a Democratic tariff 
based on justice to all. 



National Democratic Platform 'MVA 

CIVIL SERVICE 

Grover Cleveland made the extension of the merit system a tenet 
of our political faith. We shall preserve and maintain the civil 
service. 

AGRICULTURE 

Deception upon the farmer and stock raiser has been practiced 
by the Republican Party through false and delusive promises for 
more than fifty years. Specially favored industries have been 
artificially aided by Republican legislation. Comparatively little 
has been done for agriculture and stock raising upon which 
national prosperity rests. Unsympathetic inaction with regard to 
this problem must cease. Virulent hostility of the Republican ad- 
ministration to the advocates of farm relief and denial of the right 
of farm organizations to lead in the development of farm policy 
must yield to Democratic sympathy and friendliness. 

Four years ago, the Republican Party, forced to acknowledge the 
critical situation, pledged itself to take all steps necessary to bring 
back a balanced condition between agriculture and other indus- 
tries and labor. Today it faces the country not only with that 
pledge unredeemed, but broken by the acts of a Republican Presi- 
dent, who is primarily responsible for the failure to offer a con- 
structive program, to restore equality to agriculture. 

While he had no constructive and adequate program to offer in 
its stead, he has twice vetoed farm relief legislation and has sought 
to justify his disapproval of agricultural legislation partly on 
grounds wholly inconsistent with his acts making industrial 
monopolies the beneficiaries of government favor and in endors- 
ing the agricultural policy of the present administration, the Re- 
publican Party, in its recent convention, served notice upon the 
farmer that the so-called protective system is not meant for him 
that while it offers protection to the privileged few, it promises 
continued world prices to the producers of the chief cash crops of 
agriculture. 

We condemn the policy of the Republican Party which promises 
relief to agriculture only through a reduction of American farm 
production to the needs of the domestic market. Such a program 
means the continued deflation of agriculture, the forcing of addi- 



334 Platforms op Political Parties 

tional millions from the farms, and the perpetuation of agricultural 
distress for years to come, with continued bad effects on business 
and labor throughout the United States. 

The Democratic Party recognizes that the problems of produc- 
tion differ as between agriculture and industry. Industrial produc- 
tion is largely under human control, while agricultural produc- 
tion, because of lack of coordination, among the 6,500,000 indi- 
vidual farm units, and because of the influence of weather, pests 
and other causes, is largely beyond human control. The result is 
that a large crop frequently is produced on a small acreage and a 
small ci'op on a large acreage; and measured in money value, it 
frequently happens that a large crop brings less than a small crop. 

Producers of crops whose total volume exceeds the needs of the 
domestic market must continue at a disadvantage until the govern- 
ment shall intervene as seriously and as effectively in behalf of 
the farmer as it has intervened in behalf of labor and industry. 
There is a need of supplemental legislation for the control and 
orderly handling of agricultural surpluses, in order that the price 
of the surplus may not determine the price of the whole crop. 
Labor has benefited by collective bargaining and some industries 
by tariff. Agriculture must be as effectively aided. 

The Democratic Party, in its 1924 platform, pledged its support 
to such legislation. It now reaffirms that stand and pledges the 
united efforts of the legislative and executive branches of govern- 
ment, as far as may be controlled by the party, to the immediate 
enactment of such legislation, and to such other steps as are neces- 
sary to place and maintain the purchasing power of farm products 
and the complete economic equality of agriculture. 

The Democratic Party has always stood against special privilege 
and for common equality under the law. It is a fundamental prin- 
ciple of the party that such tariffs as are levied must not discrim- 
inate against any industry, class or section. Therefore, we pledge 
that in its tariff policy the Democratic Party will insist upon 
equality of treatment between agriculture and other industries. 

Farm relief must rest on the basis of an economic equality of 
agriculture with other industries. To give this equality a remedy 
must be found which will include among other things: 



National Democratic Platform 335 

(a) Credit aid by loans to cooperatives on at least as favorable a 
basis as the govement aid to the merchant marine. 

(b) Creation of a Federal Farm Board to assist the farmer and 
stock raiser in the marketing of their products as the Federal Re- 
serve Board has done for the banker and business man. When 
our archaic banking and currency system was revised after its 
record of disaster, and panic under Republican administrations, it 
was a Democratic Congress in the administration of a Democratic 
President that accomplished its stabilization through the Federal 
Reserve Act creating the Federal Reserve Board with powers 
adequate to its purpose. Now in the hour of agriculture's need 
the Democratic Party pledges the establishment of a new agricul- 
tural policy fitted to present conditions, under the direction of a 
farm board vested with all the powers necessary to accomplish 
for agriculture what the Federal Reserve Board has been able to 
accomplish for finance, in full recognition of the fact that the 
banks of the country, through voluntary cooperation, were never 
able to stabilize the financial system of the country until govern- 
ment powers were invoked to help them. 

(c) Reduction through proper government agencies of the 
spread between what the farmer and stock raiser gets and the 
ultimate consumer pays with consequent benefits to both. 

(d) Consideration of the condition of agriculture in the formu- 
lation of government financial and tax measures. 

We pledge the party to foster and develop cooperative marketing 
associations through appropriate government aid. 

We recognize that experience has demonstrated that members of 
such associations alone cannot successfully assume the full respon- 
sibility for a program that benefits all producers alike. We pledge 
the party to an earnest endeavor to solve this problem of the dis- 
tribution of the cost of dealing with crop surpluses over the mar- 
keting units of the crop whose producers are benefited by such 
assistance. The solution of this problem would avoid government 
subsidy to which the Democratic Party has always been opposed. 
The solution of this problem will be a prime and immediate con- 
cern of a Democratic administration. 

We direct attention to the fact that it was a Democratic Con- 
gress, in the administration of a Democratic President, which es- 



336 Platforms of Political Parties 

tablished the federal loan system and laid the foundation for the 
entire rural credits structure, which has aided agriculture to sus- 
tain in part the shock of the policies of two Republican administra- 
tions; and we promise thorough-going administration of our rural 
credits laws, so that the farmers in all sections may secure the 
maximum benefits intended under these acts. 

mining 

Mining is one of the basic industries of this country. We pro- 
duce more coal, iron and copper than any other country. The 
value of our mineral production is second only to agriculture. 
Mining has suffered like agriculture and from similar causes. 
It is the duty of our government to foster this industry and. to 
remove the restrictions that destroy its prosperity. 

FOREIGN POLICY 

The Republican administration has no foreign policy; it has 
drifted without plan. This great nation cannot afford to play a 
minor role in world politics. It must have a sound and positive 
foreign policy, not a negative one. We declare for a constructive 
foreign policy based on these principles: 

(a) Outlawry of war and an abhorrence of militarism, conquest 
and imperialism. 

(b) Freedom from entangling political alliances with foreign 
nations. 

(c) Protection of American lives and rights. 

(d) Non-interference with the elections or other political affairs 
of any foreign nation. This principle of non-interference extends 
to Mexico, Nicaragua and all other Latin-American nations. In- 
terference in the purely internal affairs of Latin-American coun- 
tries must cease. 

(e) Rescue of our country from its present impaired world 
standing and restoration to its former position as a leader in the 
movement for international arbitration, conciliation, conference 
and limitation of armament by international agreement. 

(f) International agreements for reduction of all armaments, 
and the end of competitive war preparations and, in the meantime, 



National Democratic Platform ,387 

the maintenance of an army and navy adequate for national 
defense. 

(g) Full, free and open cooperation with all other nations for 
the promotion of peace and justice throughout the world. 

(h) In our foreign relations, this country should stand as a unit, 
and to be successful, foreign policies must have the approval and 
the support of the American people. 

(i) Abolition of the practice of the President of entering into 
and carrying out agreements with a foreign government, either de 
factor or de jure, for the protection of such government against 
revolution or foreign attack, or for the supervision of its internal 
affairs, when such agreements have not been advised and consented 
to by the Senate as provided in the Constitution of the United 
States, and we condemn the administration for carrying out such 
an unratified agreement that requires us to use our armed forces 
in Nicaragua. 

(j) Recognition that the Monroe Doctrine is a cardinal principle 
of the protection of ourselves and our Latin-American neighbors. 
We shall seek their friendly cooperation in the maintenance of 
this doctrine. 

(k) We condemn the Republican administration for lack of 
statesmanship and efficiency in negotiating the 1921 treaty for the 
limitation of armaments, which limited only the construction of 
battleships and ships of over ten thousand tons. Merely a gesture 
towards peace, it accomplished no limitation of armament, because 
it simply resulted in the destruction of our battleships, and the 
blue prints of battleships of other nations. It placed no limitation 
upon construction of aircraft, submarines, cruisers, warships under 
ten thousand tons, poisonous gases, or other weapons of destruction. 
No agreement was ratified with regard to submarines and poison- 
ous gases. The attempt of the President to remedy the failure of 
1921 by the Geneva conference of 1928 was characterized by the 
same lack of statesmanship and efficiency and resulted in entire 
failure. 

In consequence, the race between nations in the building of un- 
limited weapons of destruction still goes on and the peoples of the 
world are still threatened with war and burdened with taxation 
for additional armament. 



338 Platforms of Political Parties 

water power, waterways and flood control 

The Federal Government and State Governments, respectively, 
now have absolute and exclusive sovereignty and control over 
enormous water powers, which constitute one of the greatest assets 
of the nation. This sovereign title and control must be preserved 
respectively in the State and Federal governments, to the end 
that the people may be protected against exploitation of this great 
resource and that water powers may be expeditiously developed 
under such regulations as will insure to the people reasonable 
rates and equitable distribution. 

We favor and will promote deep waterways and removal of 
discrimination against water transportation. Flood control and 
the lowering of flood levels are essential to the safety of life and 
property and the productivity of our lands, the navigability of our 
streams, the reclaiming of our wet and overflowed lands. We 
favor expeditious construction of flood relief works on the Missis- 
sippi and Colorado rivers and such reclamation and irrigation 
projects upon the Colorado River as may be found feasible. 

We favor appropriation for prompt coordinated surveys by the 
United States to determine the possibilities of general navigation 
improvements and water power development on navigable streams 
and their tributaries and to secure reliable information as to the 
most economical navigation improvement, in combination with the 
most efficient and complete development of water power. 

We favor the strict enforcement of the Federal Water Power 
Act, a Democratic act, and insist that the public interest in water 
power sites, ignored by two Republican administrations, be 
protected. 

CONSERVATION AND RECLAMATION 

We shall conserve the natural resources of our country for the 
benefit of the people and to protect them against waste and monop- 
olization. Our disappearing resources of timber call for a national 
policy of reforestation. The Federal Government should improve 
and develop its public lands so that they may go into private owner- 
ship and become subjected to taxation for the support of the 
states wherein they exist. The Democratic administration will ac- 
tively, efficiently and economically carry on reclamation projects 



National Democratic Platform 339 

and make equitable adjustments with the homestead entrymen for 
the mistakes the government has made, and extend all practical 
aid to refinance reclamation and drainage projejcts. 

transportation 

Efficient and economical transportation is essential to the pros- 
perity of every industry. Cost of transportation controls the in- 
come of every human being and materially affects the cost of 
living. We must, therefore, promote every form of transportation 
in a state of highest efficiency. Recognizing the prime importance 
of air transportation, we shall encourage its development by every 
possible means. Improved roads are of vital importance not only 
to commerce and industry, but also to agricultural and rural life. 
The Federal Government should construct and maintain at its own 
expense roads upon its public lands. We reaffirm our approval of 
the Federal roads law, enacted by a Democratic administration. 
Common carriers, whether by land, water or rail, must be pro- 
tected in an equal opportunity to compete so that governmental 
regulations against exhorbitant rates and inefficiency will be aided 
by competition. 

LABOR 

(a) We favor the principle of collective bargaining and the 
Democratic principle that organized labor should choose its own 
repi'esentatives without coercion or interference. 

(b) Labor is not a commodity. Human rights must be safe- 
guarded. Labor should be exempt from the operation of anti-trust 
laws. 

(c) We recognize that legislative and other investigations have 
shown the existence of grave abuse in the issuance of injunctions 
in labor disputes. No injunctions should be granted in labor 
disputes except upon proof of threatened irreparable injury and 
after notice and hearing, and the injunction should be confined to 
those acts which do directly threaten irreparable injury. The ex- 
pressed purpose of representatives of capital, labor and the bar 
to devise a plan for the elimination of the present evils with 
respect to injunctions must be supported and legislation designed 
to accomplish these ends formulated and passed. 



340 Platforms of Political Parties 

(d) We favor legislation providing that products of convict 
labor shipped from one state to another shall be subjected to laws 
of the latter state as though they had been produced therein. 

UNEMPLOYMENT 

Unemployment is present, widespread and increasing. Unem- 
ployment is almost as destructive to the happiness, comfort and 
well-being of human beings as war. We expend vast sums of 
money to protect our people against the evils of war, but no gov- 
ernment program is anticipated to prevent the awful suffering and 
economic losses of unemployment. It threatens the well-being of 
millions of our people and endangers the prosperity of the nation. 
We favor the adoption by the government, after a study of this 
subject, of a scientific plan whereby during periods of unemploy- 
ment appropriations shall be made available for the construction 
of necessary public works and the lessening, as far as consistent 
with public interests, of government construction work when labor 
is generally and satisfactorily employed in private enterprise. 

Study should be made of modern methods of industry and a con- 
structive solution found to absorb and utilize the surplus human 
labor released by the increasing use of machinery. 

ACCIDENT COMPENSATION TO GOVERNMENT EMPLOYEES 
We favor legislation making fair and liberal compensation to 
government employees who are injured in accident or by occupa- 
tional disease and to the dependents of such workers as may die 
as a result thereof. 

FEDERAL EMPLOYEES 

Federal employees should receive a living wage based upon 
American standards of decent living. Present wages are in many 
instances far below that standard. We favor a fair and liberal 
retirement law for government employees in the classified service. 

VETERANS 

Through Democratic votes, and in spite of two Republican presi- 
dents' opposition, the Congress has maintained America's tradi- 



National Democratic Platform 341 

tional policy to generously care for the veterans of the World 
War. In extending them free hospitalization, a statutory award 
for tuberculosis, a program of progressive hospital construction 
and provisions for compensation for the disabled, the widows and 
orphans, America has surpassed the record of any nation in the 
history of the world. We pledge the veterans that none of the 
benefits, heretofore accorded by the Wilson administration and the 
votes of Democratic members of Congress shall be withdrawn; 
that these will be added to more in accordance with veterans' and 
their dependents' actual needs. Generous appropriations, honest 
management, the removal of vexatious administration delays, and 
sympathetic assistance of the veterans of all wars is what the 
Democratic Party demands and promises. 

WOMEN AND CHILDREN 

We declare for equality of women with men in all political and 
governmental matters. 

Children are the chief assets of the nation. Therefore, their 
protection through infancy and childhood against exploitation is an 
important national duty. 

The Democratic Party has always opposed the exploitation of 
women in industry, and has stood for such conditions of work as 
will preserve their health and safety. 

We favor an equal wage for equal service; and likewise favor 
adequate appropriations for the women's and children's bureau. 

IMMIGRATION 

Laws which limit immigration must be preserved in full force 
and effect, but the provisions contained in these laws that separate 
husband from wives and parents from infant children are in- 
human and not essential to the purpose or the efficacy of such law. 

RADIO 

Government supervision must secure to all the people the ad- 
vantage of radio communication and likewise guarantee the right 
of free speech. Official control in contravention of this guarantee 
should not be tolerated. Governmental control must prevent 



'M'2 Platforms of Political Parties 

monopolistic use of radio communication and guarantee equitable 
distribution and enjoyment thereof. 

COAL 

Bituminous coal is not only the common base of manufacture, 
but is a vital agency in our interstate transportation. The demor- 
alization of this industry, its labor conflicts and distress, its waste 
of a national resource and disordered public service, demand con- 
structive legislation that will- allow capital and labor a fair share 
of prosperity and adequate protection to the consuming public. 

CONGRESSIONAL ELECTION REFORM 

We favor legislation to prevent defeated members of both houses 
of Congress from participating in the sessions of Congress by giv- 
ing the date for convening the Congress immediately after the 
biennial national election. 

LAW ENFORCEMENT 

The Republican Party, for eight years in complete control of the 
government at Washington, present the remarkable spectacle of 
feeling compelled in its national platform to promise obedience to a 
provision of the Federal Constitution which it has flagrantly dis- 
regarded and to apologize to the country for its failure to enforce 
laws enacted by the Congress of the United States. Speaking for 
the national Democracy, this convention pledges the party and its 
nominees to an honest effort to enforce the Eighteenth Amendment 
and all other provisions of the Federal Constitution and all laws 
enacted pursuant thereto. 

CAMPAIGN EXPENDITURES 

We condemn the improper and excessive use of money in elec- 
tions as a danger threatening the very existence of democratic in- 
stitutions. Republican expenditures in Senatorial primaries and 
elections have been so exorbitant as to constitute a national scan- 
dal. We favor publicity in all matters affecting expenditures. 

We shall, beginning not later than August 1, 1928, and every 
thirty days thereafter, the last publication and filing being not 



National Democratic Platform 343 

later than five days before the election, publish in the press and 
file with the appropriate committees of the House and Senate a 
complete account of all contributions, the names of the contributors, 
the amounts expended and the purposes, for public inspection the 
books and records relating to such matters. 

In the event that any financial obligations are contracted and 
not paid, our national committee will similarly report and publish, 
at least five days before the election all details respecting such 
obligations. 

We agree to keep and maintain a permanent record of all cam- 
paign contributions and expenditures and to insist that contribu- 
tions by the citizens of one state to the campaign committees of 
other states shall have immediate publicity. 

merchant marine 

We re-affirm our support to an efficient, dependable American 
merchant marine for the carriage of the greater portion of our 
commerce and for the national defense. 

The Democratic Party has consistently and vigorously sup- 
ported the shipping services maintained by the regional United 
States Shipping Board in the interests of all ports and all sections 
of our country, and has successfully opposed the discontinuance of 
any of these lines. We favor the transfer of these lines gradually 
to the local private American companies when such companies can 
show their ability to take over and permanently maintain the 
lines. Lines that cannot now be transferred to private enterprise 
should continue to be operated as at present and should be kept in 
an efficient state by remodeling of some vessels and replacement of 
others. 

We are unalterably opposed to a monopoly in American shipping 
and are opposed to the operation of any of our service in a man- 
ner that would retard the development of any ports or sections 
of our country. 

We oppose such sacrifices and favoritism as exhibited in the 
past in the matter of alleged sales, and insist that the primary 
purpose of the legislation upon this subject be the establishment 
and maintenance of an adequate American merchant marine. 



344 Platforms of Political Parties 

ARMENIA 

We favor the most earnest efforts on the part of the United 
States to secure the fullfilment of the promises and engagements 
made during and following the World War by the United States 
and the allied powers to Armenia and her people. 

education 

We believe with Jefferson and other founders of the Republic 
that ignorance is the enemy of freedom and that each state, being 
responsible for the intellectual and moral qualifications of its cit- 
izens and for the expenditure of the monies collected by taxation 
for the support of its schools, shall use its sovereign right in all 
matters pertaining to education. 

The Federal Government should offer to the states such counsel, 
advice, results of research and aid as may be made available 
through the Federal agencies for the general improvement of our 
schools in view of our national needs. 

monopolies and anti-trust laws 

During the last seven years, under Republican rule, the anti- 
trust laws have been thwarted, ignored and violated so that the 
country is rapidly becoming controlled by trusts and sinister 
monopolies formed for the purpose of wringing from the neces- 
saries of life an unrighteous profit. These combinations are often 
formed and conducted in violation of law, encouraged, aided and 
abetted in their activities by Republican administration and are 
driving all small trades people and small industrialists out of 
business. 

Competition is one of the most saci'ed, cherished and economic 
rights of the American people. We demand the strict enforcement 
of the anti-trust laws and the enactment of other laws, if neces- 
sary, to control this great menace to trade and commerce, and 
thus to preserve the right of the small merchant and manufacturer 
to earn a legitimate profit from his business. 

Dishonest business should be treated without influence at the 
national capital. Honest business, no matter its size, need have 
no fears of a Democratic administration. The Democratic Party 



National Democratic Platform 345 

will ever oppose illegitimate and dishonest business. It will foster, 
promote and encourage all legitimate business enterprises. 

canal zone 

We favor the employment of American citizens in the operation 
and maintenance of the Panama Canal in all positions above the 
grade of messenger and favor as liberal wages and conditions of 
employments as prevailed under previous Democratic adminis- 
trations. 

ALASKA-HAWAII 

We favor the development of Alaska and Hawaii in the tradi- 
tional American way through self-government. We favor the ap- 
pointment of only bona fide residents to office in the territories. We 
favor the extension and improvement of the mail, air mail, tele- 
graph and radio, agricultural experimenting, highway construction 
and other necessary federal activities in the territories. 

PHILIPPINES 

The Filpino people have succeeded in maintaining a stable gov- 
ernment and have thus fulfilled the only condition laid down by the 
Congress as a prerequisite to the granting of independence. We 
declare that it is now our liberty and our duty to keep our promise 
to these people by granting them immediately the independence 
which they so honorably covet. 

PORTO RICO 

We favor granting to Porto Rico such territorial form of gov- 
ernment as would meet the present economic conditions of the 
island, and provide for the aspirations of her people, with the 
view to ultimate statehood accorded to all territories of the United 
States since the beginning of our government, and we believe any 
officials appointed to administer the government of such territories 
should be qualified by previous bona fide residence therein. 

PUBLIC HEALTH 

The Democratic Party recognizes that not only the life of the 
nation, but its progress depends upon the health of its citizens. It, 



346 Platforms of Political Parties 

therefore, pledges itself to enlarge the existing bureau of public 
health and to do all things possible to stamp out communicable and 
contagious diseases and to ascertain preventable means and rem- 
edies for the diseases, such as cancer, infantile paralysis and 
others which heretofore have largely defied the skill of physicians. 
We pledge our party to spare no means to lift the apprehension 
of diseases from the minds of our people, and to appropriate all 
moneys necessary thereto to carry out this pledge. 

Being deeply impressed by the terrible disasters from floods in 
the Mississippi Valley during 1927, we heartily endorse the flood 
control act of last May, which recognizes that the flood waters of 
the Mississippi River and its tributaries constitute a national 
problem of the gravest character and makes provision for their 
speedy and effective control. This measure is a continuation and 
expansion of that policy established by a Democratic Congress in 
1917 in the act of that year for controlling floods on the Mississippi 
and Sacramento rivers. It is a great piece of constructive legisla- 
tion, and we pledge our party to its vigorous and early enforcement. 



NATIONAL REPUBLICAN PLATFORM, 1928 

The Republican Party in national convention assembled presents 
to the people of the nation this platform of its principles, based on 
a record of its accomplishments, and asks and awaits a new vote 
of confidence. We reaffirm our devotion to the Constitution of the 
United States and the principles and institution of the American 
system of representative government. 

THE NATIONAL ADMINISTRATION 

We endorse without qualification the record of the Coolidge 
administration. 

The record of the Republican Party is a record of advancement 
of the nation. Nominees of Republican national conventions have 
for 52 of the 72 years since the creation of our party been the 
chief executives of the United States. Under Republican inspira- 
tion and largely under Republican executive direction, the continent 



National Republican Platform 347 

has been bound with steel rails, the oceans and great rivers have 
been joined by canals, waterways have been deepened and widened 
for ocean commerce, and with all a high American standard of 
wage and living has been established. 

By unwavering adherence to sound principles, through the 
wisdom of Republican policies and the capacity of Republican 
administrations, the foundations have been laid and the greatness 
and prosperity of the country firmly established. 

Never has the soundness of Republican policies been more amply 
demonstrated and the Republican genius for administration been 
better exemplified than during the last five years under the leader- 
ship of President Coolidge. 

No better guarantee of prosperity and contentment among all 
our people at home, no more reliable warranty of protection and 
promotion of American interests abroad can be given than the 
pledge to maintain and continue the Coolidge policies. This 
promise we give and will faithfully perform. 

Under this administration the country has been lifted from the 
depths of a great depression to a level of prosperity. Economy 
has been raised to the dignity of a principle of government. A 
standard of character in public service has been established under 
the Chief Executive, which has given to the people of the country 
a feeling of stability and confidence so all have felt encouraged to 
proceed on new undertakings in trade and commerce. A foreign 
policy based on the traditional American position and carried 
on with vision and steadfastness has extended American influence 
throughout the world and everywhere promoted and protected 
American interests. 

For the Republican Party we are justified in claiming a major 
share of the credit for the position which the United States occu- 
pies today as the most favored nation on the globe, but it is well 
to remember that the confidence and prosperity which we enjoy 
can be shattered, if not destroyed, if this belief in the honesty and 
sincerity of our government is in any way affected. A continua- 
tion of this great public peace of mind now existing, which makes 
for our material well being, is only possible by holding fast to 
the plans and principles which have marked Republican control. 



348 Platforms of Political Parties 

The record of the present administration is a guarantee of what 
may be expected of the next. Our words have been made deeds. 
We offer not promises but accomplishments. 

HONESTY IN GOVERNMENT 

We stand for honesty in government, for the appointment of 
officials whose integrity cannot be questioned. We deplore the 
fact that any official has ever fallen from this standard and that 
certain American citizens of both parties have so far forgotten their 
duty as citizens as to traffic in national interests for private gain. 
We have prosecuted and shall always prosecute any official who 
subordinates his public duty to his personal interest. 

THE RIGHTS OF STATES 

We believe in the essential unity of the American people. Sec- 
tionalism in any form is destructive of national life. The federal 
government should zealously protect the national and international 
rights of its citizens. It should be equally zealous to respect and 
maintain the rights of the states and to uphold the vigor and 
balance of our dual system of government. The Republican Party 
has always given its energies to supporting the government in 
this direction when any question has arisen. 

There are certain other well defined federal obligations such as 
interstate commerce, the development of rivers and harbors, and 
the guarding and conservation of national resources. The effort 
which, however, is being continually made to have the Federal 
Government move into the field of state activities has never had, 
and never will have, the support of the Republican Party. In the 
majority of the cases state citizens and officers are most pressing 
in their desire to have the Federal Government take over these 
state functions. This is to be deplored, for it weakens the sense 
of initiative and creates a feeling of dependence which is unhealthy 
and unfortunate in the whole body politic. 

There is a real need in the country today to revitalize funda- 
mental principles; there is real need of restoring the individual 
and local sense of responsibility and self-reliance; there is a real 
need for the people once more to grasp the fundamental fact that 
under our system of government they are expected to solve many 



National Republican Platform 349 

problems themselves through their municipal and state govern- 
ments, and to combat the tendency that is all too common to turn 
to the Federal Government as the easiest and least burdensome 
method of lightening their own responsibilities. 

PUBLIC ECONOMY 

The citizen and taxpayer has a natural right to be protected 
from unnecessary and wasteful expenditures. This is a rich but 
also a growing nation with constantly increasing legitimate 
demands for public funds. If we are able to spend wisely and 
meet these requirements, it is first necessary that we save wisely. 
Spending extravagantly not only deprives men through taxation 
of the fruits of their labor, but often times means the postpone- 
ment of vitally important public works. We commend President 
Coolidge for his establishment of this fundamental principle of 
sound administration and pledge ourselves to live up to the high 
standard he has set. 

finance and taxation 

The record of the United States Treasury under Secretary 
Mellon stands unrivalled and unsurpassed. The finances of the 
nation have been managed with sound judgment. The financial 
policies have yielded immediate and substantial results. 

In 1921 the credit of our government was at a low ebb. We were 
burdened with a huge public debt, a load of war taxes, which in 
variety and weight exceeded anything in our national life, while 
vast unfunded intergovernmental debts disorganized the economic 
life of the debtor nations and seriously affected our own by reason 
of the serious obstacles which they presented to commercial inter- 
course. This critical situation was evidenced by a serious disturb- 
ance in our own life which made for unemployment. 

Today all these major financial problems have been solved. 

THE PUBLIC DEBT 

In seven years the public debt has been reduced by $6,411,000,000. 
From March, 1921, to September, 1928, over eleven billion dollars 
of securities bearing high rates of interest, will have been retired 



350 Platforms of Political Parties 

or refunded into securities bearing a low rate of interest, while 
Liberty Bonds, which were selling below par, now command a pre- 
mium. These operations have resulted in annual savings in 
interest charges of not less than $275,000,000, without which the 
most recent tax reduction measure would not have been made pos- 
sible. The Republican Party will continue to reduce our national 
debt as rapidly as possible and in accordance with the provision 
of existing laws and the present program. 

TAX REDUCTION 

Wise administrative management under Republican control and 
direction has made possible a reduction of over a billion eight 
hundred million dollars a year in the tax bill of the American 
people. Four separate tax reduction measures have been enacted, 
and millions of those least able to pay have been taken from the 
tax rolls. 

Excessive and uneconomic rates have been radically modified, 
releasing for industrial payroll expansion and development great 
sums of money which formerly were paid in taxes to the Federal 
government. 

Practically all the war taxes have been eliminated and our tax 
system has been definitely restored to a peace-time basis. 

We pledge our party to a continuation of these sound policies 
and to such further reduction of the tax burden as the condition 
of the Treasury may from time to time permit. 

TARIFF 

We reaffirm our belief in the protective tariff as a fundamental 
and essential principle of the economic life of this nation. While 
certain provisions of the present law require revision in the light 
of changes in the world competitive situation since its enactment, 
the record of the United States since 1922 clearly shows that the 
fundamental protective principle of the law has been fully justi- 
fied. It has stimulated the development of our natural resources, 
provided fuller employment at higher wages through the promotion 
of industrial activity, assured thereby the continuance of the 
farmer's major market, and further raised the standards of living 



National Republican Platform 351 

and general comfort and well-being of our people. The great 
expansion in the wealth of our nation during the past 50 years, 
and particularly in the past decade, could not have been accom- 
plished without a protective tariff system designed to promote the 
vital interests of all classes. 

Nor have these manifest benefits been restricted to any par- 
ticular section of the country. They are enjoyed throughout the 
land either directly or indirectly. Their stimulus has been felt 
in industries, farming sections, trade circles, and communities in 
every quarter. However, we realize that there are certain indus- 
tries which cannot now successfully compete with foreign producers 
because of lower foreign wages and a lower cost of living abroad, 
and we pledge the next Republican Congress to an examination 
and where necessary a revision of these schedules to the end that 
American labor in these industries may again command the home 
market, may maintain its standard of living, and may count upon 
steady employment in its accustomed field. 

Adherence to that policy is essential for the continued prosperity 
of the country. Under it the standard of living of the American 
people has been raised to the highest levels ever known. Its 
example has been eagerly followed by the rest of the world whose 
experts have repeatedly reported with approval the relationship 
of this policy to our prosperity, with the resultant emulation of 
that example by other nations. 

A protective tariff is as vital to American agriculture as it is 
to American manufacturing. The Republican Party believes that 
the home market, built up under the protective policy, belongs to 
the American farmer, and it pledges its support of legislation 
which will give this market to him to the full extent of his ability 
to supply it. Agriculture derives large benefits not only directly 
from the protective duties levied on competitive farm products 
of foreign origin, but also, indirectly, from the increase in the 
purchasing power of American workmen employed in industries 
similarly protected. These benefits extend also to persons engaged 
in trade, transportation, and other activities. 

The tariff act of 1922 has justified itself in the expansion of our 
foreign trade during the past five years. Our domestic exports 
have increased from 3.8 billions of dollars in 1922 to 4.8 billions 



.'i")!' Platforms op Political Parties 

in 1927. During the same period imports have increased from 3.1 
billions to 4.4 billions. Contrary to the prophecies of its critics, 
the present tariff law has not hampered the natural growth in the 
exportation of the products of American agriculture, industry, and 
mining, nor has it restricted the importation of foreign commodi- 
ties which this country can utilize without jeopardizing its economic 
structure. 

The United States is the largest customer in the world today. 
If we were not prosperous and able to buy, the rest of the world 
also would suffer. It is inconceivable that American labor will 
ever consent to the abolition of protection which would bring the 
American standard of living down to the level of that in Europe, 
or that the American farmer could survive if the enormous con- 
suming power of the people in this country was curtailed and its 
market at home, if not destroyed, at least seriously impaired. 

FOREIGN DEBTS 

In accordance with our settled policy and platform pledges, 
debt settlement agreements have been negotiated with all of our 
foreign debtors with the exception of Armenia and Russia. That 
with France remains as yet unratified. Those with Greece and 
Austria are before the Congress for necessary authority. If the 
French debt settlement be included, the total amount funded is 
eleven billion five hundred twenty-two million three hundred fifty- 
four thousand dollars. We have steadfastly opposed and will con- 
tinue to oppose cancellation of foreign debts. 

We have no desire to be oppressive or grasping, but we hold 
that obligations justly incurred should be honorably discharged. 
We know of no authority which would permit public officials, acting 
as trustees, to shift the burden of the war from the shoulders of 
foreign taxpayers to those of our own people. We believe that 
the settlements agreed to are fair to both the debtor nation and 
to the American taxpayer. Our debt commission took into full 
consideration the economic conditions and resources of the debtor 
nations, and were ever mindful that they must be permitted to 
preserve and improve their economic position, to bring their budget 
into balance, to place their currencies and finances on a sound 
basis, and to improve the standard of living of their people. Giving 



National Republican Platform 353 

full weight to these considerations, we know of no fairer test than 
ability to pay, justly estimated. 

The people can rely on the Republican Party to adhere to a 
foreign debt policy now definitely established and clearly under- 
stood both at home and abroad. 

SETTLEMENT OF WAR CLAIMS 

A saisfactory solution has been found for the question of war 
claims. Under the act, approved by the President on March 10, 
1928, a provision was made for the settlement of war claims of 
the United States and its citizens against the German, Austrian 
and Hungarian governments, and of the claims of the nationals 
of these governments against the United States, for the return 
to its owners of the property seized by the alien property custodian 
during the war, in accordance with our traditional policy for 
respect of private property. 

FOREIGN POLICIES 

We approve the foreign policies of the administration of Presi- 
dent Coolidge. We believe they express the will of the American 
people in working actively to build up cordial international under- 
standing that will make world peace a permanent reality. We 
endorse the proposal of the Secretary of State for a multilateral 
treaty proposed to the principal powers of the world and open to 
the signatures of all nations to renounce war as an instrument 
of national policy and declaring in favor of pacific settlement 
of international disputes, the first step in outlawing war. The 
idea has stirred the conscience of mankind and gained widespread 
approval, both of governments and of the people, and the con- 
clusion of the treaty will be acclaimed as the greatest single step 
in history toward the conservation of peace. 

In the same endeavor to substitute for war the peaceful settle- 
ment of international disputes, the administration has concluded 
arbitration treaties in a form more definite and more inclusive than 
ever before and plans to negotiate similar treaties with all coun- 
tries willing in this manner to define their policy peacefully to 
settle justifiable disputes. In connection with these, we endorse 
the resolution of the sixth Pan-American conference held at 



."554 Platforms of Political Parties 

Havana, Cuba, in 1928, which called a conference on arbitration 
and conciliation to meet in Washington during the year and express 
our earnest hope that such conference will greatly further the 
principles of international arbitration. We shall continue to 
demand the same respect and protection for the persons and 
property of American citizens in foreign countries that we cheer- 
fully accord in this country to the persons and property of aliens. 

The commercial treaties which we have negotiated, and those 
still in the process of negotiation, are based on strict justice among 
nations, equal opportunity for trade and commerce on the most- 
favored-nation principle and are simplified so as to eliminate the 
danger of misunderstanding. The object and the aim of the 
United States is to further the cause of peace, of strict justice 
between nations «vith due regard for the rights of others in all 
international dealings. Out of justice grows peace. Justice and 
consideration have been and will continue to be the inspiration of 
our nation. 

The record of the administration toward Mexico has been con- 
sistently friendly and with equal consistency have we upheld 
American rights. This firm, and at the same time, friendly policy 
has brought recognition of the inviolability of legally acquired 
rights. This condition has been l'eached without threat or without 
bluster, through a calm support of the recognized principles of 
international law with due regard to the rights of a sister sovereign 
state. The Republican Party will continue to support American 
rights in Mexico, as elsewhere in the world, and at the same time 
to promote and strengthen friendship and confidence. 

There has always been, as there always will be, a firm friend- 
ship with Canada. American and Canadian interests are in a 
large measure identical. Our relationship is one of fine mutual 
understanding and the recent exchange of diplomatic officers 
between the two countries is worthy of commendation. 

The United States has an especial interest in the advancement 
and progress of all the Latin American countries. The policy of 
the Republican Party will always be a policy of thorough friend- 
ship and cooperation. In the case of Nicaragua, we are engaged 
in cooperation with the government of that country upon 
the task of assisting to restore and maintain peace, order and sta- 



National Republican Platform 355 

bility, and in no way to infringe upon her sovereign rights. The 
Marines, now in Nicaragua, are there to protect American lives 
and property and to aid in carrying out an agreement whereby 
we have undertaken to do what we can to restore and maintain 
order and to insure a fair and free election. Our policy absolutely 
repudiates any idea of conquest or exploitation, and is actuated 
solely by an earnest and sincere desire to assist a friendly and 
neighboring state which has appealed for aid in a great emergency. 
It is the same policy the United States has pursued in other cases 
in Central America. 

The administration has looked with keen sympathy on the tragic 
events in China. We have avoided interference in the internal 
affairs of that unhappy nation, merely keeping sufficient naval and 
military forces in China to protect the lives of the Americans who 
are there on legitimate business and in still larger numbers for 
nobly humanitarian reasons. America has not been stampeded 
into making reprisals but, on the other hand, has consistently 
taken the position of leadership among the nations in a policy of 
wise moderation. We shall always be glad to be of assistance to 
China when our duty is clear. 

The Republican Party maintains the traditional American policy 
of non-interference in the political affairs of other nations. This 
government has definitely refused membership in the League of 
Nations and to assume any obligations under the covenant of the 
league. On this we stand. 

In accordance, however, with the long established American 
practice of giving aid and assistance to other peoples, we have 
most usefully assisted by cooperation in the humanitarian and 
technical work undertaken by the league, without involving our- 
selves in European politics by accepting membership. 

The Republican Party has always given and will continue to 
give its support to the development of American foreign trade, 
which makes for domestic prosperity. During this administration 
extraordinary strides have been made in opening up new markets 
for American produce and manufacture. Through these foreign 
contacts a mutually better international understanding has been 
reached which aids in the maintenance of world peace. 



350 Platforms of Political Parties 

The Republican Party promises a firm and consistent support 
of American persons and legitimate American interests in all parts 
of the world. This support will never contravene the rights of 
other nations. It will always have in mind and support in every 
way the progressive development of international law, since it is 
through the operation of just laws, as well as through the growth 
of friendly understanding, that world peace will be made perma- 
nent. To that end the Republican Party pledges itself to aid and 
assist in the perfection of principles of international law and the 
settlement of international disputes. 

CIVIL SERVICE 

The merit system in government service originated with and has 
been developed by the Republican Party. The great majority of 
our public service employees are now secured through and main- 
tained in the government service rules. Steps have already been 
taken by the Republican Congress to make the service more attrac- 
tive as to wages and retirement privileges, and we commend what 
has been done as a step in the right dii'ection. 

AGRICULTURE 

The agricultural problem is national in scope and, as such, is 
recognized by the Republican Party, which pledges its strength 
and energy to the solution of the same. Realizing that many 
farmers are facing problems more difficult than those which are 
the portion of many other basic industries, the party is anxious 
to aid in every way possible. Many of our farmers are still 
going through readjustment, a relic of the years directly following 
the great war. All the farmers are being called on to meet new 
and perplexing conditions created by foreign competition, the com- 
plexities of domestic marketing, labor problems, and a steady 
increase in local and state taxes. 

The general depression in a great basic industry inevitably 
reacts upon the conditions in the country as a whole and cannot 
be ignored. It is a matter of satisfaction that the desire to help 
in the correction of agricultural wrongs and conditions is not 
confined to any one section of our country or any particular group. 



National Republican Platform 357 

The Republican Party and the Republican administration, par- 
ticularly during the last five years, have settled many of the most 
distressing problems as they have arisen, and the achievements in 
aid of agriculture are properly a part of this record. The Repub- 
lican Congresses have been most responsive in the matter of agri- 
cultural appropriations, not only to meet crop emergencies, but 
for the extension and development of the activities of the Depart- 
ment of Agriculture. 

The protection of the American farmer against foreign farm 
competition and foreign trade practices has been vigorously carried 
on by the Department of State. The right of the farmers to 
engage in collective buying and cooperative selling, as provided 
for by the Capper-Volstead Act of 1922, has been promulgated 
through the Department of Agriculture and the Department of 
Justice, which have given most valuable aid and assistance to the 
heads of the farm organizations. The Treasury Department and 
the proper committees of Congress have lightened the tax burden 
on farming communities, and through the Federal Farm Loan 
System, there has been made available to the farmers of the 
nation $1,850,000,000 for loaning purposes at a low rate of inter- 
est, and through the intermediate-credit banks $655,000,000 of 
short term credits have been made available to the farmers. The 
Postoffice Department has systematically and generously extended 
the rural free delivery routes into even the most sparsely settled 
communities. 

When a shortage of transportation facilities threatened to 
deprive the farmers of their opportunity to reach waiting markets 
overseas, the President, appreciative and sensitive of the condition 
and the possible loss to the communities, ordered the reconditioning 
of Shipping Board vessels, thus relieving a great emergency. 

Last, but not least, the Federal Tariff Commission has at all 
times shown a willingness under the provisions of the flexible tariff 
act to aid the farmers when foreign competition, made possible by 
low wage scales abroad, threatened to deprive our farmers of their 
domestic markets. Under this act the President has increased 
duties on wheat, flour, mill feed and dairy products. Numerous 
other farm products are now being investigated by the tariff 
commission. 



358 Platforms of Political Parties 

We promise every assistance in the reorganization of the mar- 
keting system on sounder and more economical lines, and, where 
diversification is needed, government financial assistance during 
the period of transition. 

The Republican Party pledges itself to the enactment of legisla- 
tion creating a Federal Farm Board clothed with the necessary 
powers to promote the establishment of a farm marketing system 
of farmer-owned and controlled stabilization corporations or asso- 
ciations, to prevent and control surpluses through orderly dis- 
tribution. 

We favor adequate tariff protection to such of our agricultural 
products as are affected by foreign competition. 

We favor, without putting the government into business, the 
establishment of a Federal system of organization for cooperative 
and orderly marketing of farm products. 

The vigorous efforts of this administration toward broadening 
our exports market will be continued. 

The Republican Party pledges itself to the development and 
enactment of measures which will place the agricultural interests 
of America on a basis of economic equality with other industry 
to insure its prosperity and success. 

MINING 

The money value of the mineral products of the country is 
second only to agriculture. We lead the countries of the world 
in the production of coal, iron, copper and silver. The nation 
suffers as a whole from any disturbance in the securing of any 
one of these minerals, and particularly when the coal supply is 
affected. The mining industry has always been self-sustaining, 
but we believe that the government should make every effort to 
aid the industry by protection by removing any restrictions which 
may be hampering its development, and by increased technical 
and economic research investigations which are necessary for its 
welfare and normal development. The party is anxious, hopeful 
and willing to assist in any feasible plan for the stabilization of 
the coal mining industry which will work with justice to the 
miners, consumers and producers. 



National Republican Platform 359 

highways 

Under the Federal Aid Road Act, adopted by the Republican 
Congress in 1921, and supplemented by generous appropriations 
each year, road construction has made greater advancement than 
for many decades previous. Improved highway conditions is a 
gauge of our rural developments and our commercial activity. 
We pledge our support to continued appropriations for this work 
commensurate with our needs and resources. 

We favor the construction of roads and trails in our national 
forests necessary to their protection and utilization. In appropria- 
tions therefore the taxes which these lands would pay if taxable 
should be considered as a controlling factor. 

LABOR 

The labor record of the Republican Party stands unchallenged. 
For 52 of the 72 years of our national existence Republican 
administrations have prevailed. Today American labor enjoys 
the highest wage and the highest standard of living throughout 
the world. Through the saneness and soundness of Republican 
rule, the American workman is paid a "real wage" which allows 
comfort for himself and his dependents, and an opportunity and 
leisure for advancement. It is not surprising that the foreign 
workman, whose greatest ambition still is to achieve a "living 
wage," should look with longing toward America as the goal of 
his desires. 

The ability to pay such wages and maintain such a standard 
comes from the wisdom of the protective legislation which the 
Republican Party has placed upon the national statute books, the 
tariff which bars cheap foreign-made goods from the American 
market and provides continuity of employment for our workmen 
and fair profits for the manufacturers, the restriction of immigra- 
tion which not only prevents the glutting of our labor market, but 
allows to our newer immigrants a greater opportunity t» secure 
a footing in their upward struggle. 

The party favors freedom in wage contracts, the right of col- 
lective bargaining by free and responsible agents of their own 
choosing, which develops and maintains that purposeful coopera- 
tion which gains its chief incentive through voluntary agreement. 



HfiO Platforms of Political Parties 

We believe that injunctions in labor disputes have in some 
instances been abused and have given rise to a serious question 
for legislation. 

The Republican Party pledges itself to continue its efforts to 
maintain this present standard of living and high wage scale. 

RAILROADS 

Prompt and effective railroad service at the lowest rates which 
will provide for its maintenance and allow a reasonable return to 
the investor so they may be encouraged to advance new capital 
for acquired developments, has long been recognized by the Repub- 
lican Party as a necessity of national existence. 

We believe that the present laws under which our railroads are 
regulated are soundly based on correct principles, the spirit of 
which must always be preserved. Because, however, of changes 
in the public demands, trade conditions and of the character of 
the competition, which even the greatest railroads are now being 
called upon to meet, we feel that in the light of this new experi- 
ence possible modifications or amendments, the need of which is 
provided, should be considered. 

The Republican Party initiated and set in operation the Inter- 
state Commerce Commission. This body has developed a system of 
railroad control and regulation which has given to the transporta- 
tion public an opportunity not only to make suggestions for the 
improvement of railroad service, but to protest against discrimi- 
natory rates or schedules. We commend the work which that body 
is accomplishing under mandate of law in considering these mat- 
ters and seeking to distribute equally the burden of trans- 
portation between commodities based on their ability to bear 
the same. 

COMMERCIAL AVIATION 

Without governmental grants or subsidies and entirely by pri- 
vate initiative, the nation has made extraordinary advances in 
the field of commercial aviation. Over 20,000 miles of air mail 
service privately operated are now being flown daily, and the 
broadening of this service is an almost weekly event. Because 
of our close relations with our sister republics on the south and 



National Republican Platform 361 

our neighbor on the north, it is fitting our first efforts should be 
to establish an air communication with Latin-America and Canada. 

The achievements of the aviation branches of the army and navy 
are all to the advantage of commercial aviation, and in the Mis- 
sissippi flood disaster the work performed by civil and military 
aviators was of inestimable value. 

The development of a system of aircraft registration, inspection 
and control is a credit to the Republican administration, which, 
quick to appreciate the importance of this new transportation 
development, created machinery for its safeguarding. 

merchant marine 

The Republican Party stands for the American-built, American- 
owned, and American-operated Merchant Marine. The enactment 
of the White-Jones Bill lies in line with a policy which the party 
has long advocated. 

Under this measure, substantial aid and encouragement are 
offered for the building in American yards of new and modern 
ships which will carry the American flag. 

The Republican Party does not believe in government ownership 
or operation, and stands specifically for the sale of the present 
government vessels to private owners when appropriate arrange- 
ments can be made. Pending such a sale, and because private 
owners are not ready as yet to operate on certain of the essential 
trade routes, the bill enacted allows the maintenance of these 
necessary lines under government control till such a transfer can 
be made. 

WATERWAYS AND FLOOD CONTROL 

Cheaper transportation for bulk goods from the mid-West agri- 
cultural sections to the sea is recognized by the Republican Party 
as a vital factor for the relief of agriculture. To that end we 
favor the continued development in inland and in intra-coastal 
waterways as an essential part of our transportation system. 

The Republican administration during the last four years ini- 
tiated the systematic development of the Mississippi system of 
inland transportation lanes. And it proposes to carry on this 
modernization of transportation to speedy completion. Great 



362 Platforms of Political Parties 

improvements have been made during this administration in our 
harbors, and the party pledges itself to continue these activities 
for the modernization of our national equipment. 

The Mississippi Valley flood, in which seven hundred thousand 
of our fellow citizens were placed in peril of life, and which 
destroyed hundreds of millions of dollars' worth of property, was 
met with energetic action by the Republican administration. 

During this disaster the President mobilized every public and 
private agency under the direction of Secretary Hoover, of the 
Department of Commerce and Dwight Davis, the Secretary of War. 
Thanks to their joint efforts, a great loss of life was prevented 
and everything possible was done to rehabilitate the people in their 
homes and to relieve suffering and distress. Congress promptly 
passed legislation authorizing the expenditure of $325,000,000 
for the construction of flood control works, which it is believed will 
prevent the recurrence of such a disaster. 

RADIO 

We stand for the administration of the radio facilities of the 
United States under wise and expert government supervision 
which will 

(1) Secure to every home in the nation, whether city or coun- 
try, the great educational and inspirational values of broadcast 
programs, adequate in number and varied in character, and 

(2) Assign the radio communication channels, regional, con- 
tinental, and trans-oceanic, in the best interest of the American 
business man, the American farmer, and the American public 
generally. 

VETERANS 

Our country is honored whenever it bestows relief on those who 
have faithfully served its flag. The Republican Party, apprecia- 
tive of this solemn obligation and honor, has made its sentiments 
evident in Congress. Our expenditures for the benefit of all our 
veterans now aggregate 750 million dollars annually. Increased 
hospital facilities have been provided, payments in compensation 
have more than doubled, and in the matter of rehabilitation, pen- 
sions, and insurance, generous provision has been made. The 



National Republican Platform 363 

administration of laws dealing with the relief of veterans and their 
dependents has been a difficult task, but every effort has been 
made to carry service to the veteran and bring about not only a 
better and generous interpretation of the law, but a sympathetic 
consideration of the many problems of the veterans. Full and 
adequate relief of our disabled veterans is our aim, and we com- 
mend the action of Congress in further liberalizing the laws appli- 
cable to veterans' relief. 

PUBLIC UTILITIES 

Republican Congresses and administrations have steadily 
strengthened the Interstate Commerce Commission. The protec- 
tion of the public from exactions or burdens in rates for service 
by reason of monopoly control, and the protection of the smaller 
organizations from suppression in their own field, has been a fun- 
damental idea in all regulatory enactments. While recognizing 
that at times federal regulations might be more effective than 
states in controlling intrastate utilities, the party favors and has 
sustained state regulation, believing that such responsibility in 
the end will create a force of state public opinion which will be 
more effective in preventing discrimination and injustices. 

conservation 

We believe in the practical application of the conservation prin- 
ciple by the wide development of our national resources, the meas- 
ure of development is our national requirements, and avoidance 
of waste so that futux*e generations may share in this national 
wealth. The Republican Party is to prevent monopolies in the 
control and utilization of natui-al resources. Under the general 
leasing law, enacted by a Republican Congress, the ownership of 
the mineral estate remains in the government, but development 
occurs through private capital and energy. Important for the 
operation of this law is the classification and appraisement of 
public lands according to their mineral content and value. Over 
five hundred million acres of public land have been thus classified. 

To prevent wasteful exploitation of our oil products, President 
Coolidge appointed an oil conservation board, which is now con- 
ducting an inquiry into all phases of petroleum production, in the 



364 Platforms of Political Parties 

effort to devise a national policy for the conservation and proper 
utilization of our oil resources. 

The Republican Party has been forehanded in assuring the 
development of water power in accordance with public interest. 
A policy of permanent public retention of the power sites on 
public land and power privileges and domestic and international 
navigable streams and one-third of the potential water-power re- 
sources in the United States on public domain, has been assured 
by the federal water power act, passed by a Republican Congress. 

reclamation 

Federal reclamation of arid lands is a Republican policy, 
adopted under President Roosevelt, carried forward by succeeding 
Republican Presidents, and put upon a still higher plane of effi- 
ciency and production by President Coolidge. It has increased the 
wealth of the nation and made the West more prosperous. 

An intensive study of the methods and practices of reclamation 
has been going on for the past four years under the direction of the 
Department of the Interior in an endeavor to create broader 
human opportunities and their financial and economic success. 
The money value of the crops raised on reclamation projects is 
showing a steady and gratifying increase as well as the number of 
farms and people who have settled on the lands. 

The continuation of a surplus of agricultural products in the 
selling markets of the world has influenced the department to 
a revaluation of plans and projects. It has adopted a ten-year 
program for the completion of older projects and will hold other 
suggestions in abeyance until the surveys now under way as to 
the entire scope of the work are completed. 

LAW ENFORCEMENT 

We reaffirm the American Constitutional doctrine as announced 
by George Washington in his "Farewell Address," to-wit: 

"The Constitution which at any time exists until changed by 
the explicit and authentic act by the whole people is sacredly 
obligatory upon all." 

We also reaffirm the attitude of the American people toward 
the Federal Constitution as declared by Abraham Lincoln: 



National Republican Platform 36-""> 

"We are by both duty and inclination bound to stick by that 
Constitution in all its letter and spirit from beginning to end. I 
am for honest enforcement of the Constitution. Our safety, our 
liberty, depends upon preserving the Constitution of the United 
States, as our forefathers made it inviolate." 

The people through the method provided by the Constitution have 
written the Eighteenth Amendment into the Constitution. The 
Republican Party pledges itself and its nominees to the observance 
and vigorous enforcement of this provision and of the Constitution. 



FEDERAL EMPLOYEES 

The government today is made up of thousands of conscientious, 
earnest, self-sacrificing men and women, whose single though is 
service to the nation. 

We pledge ourselves to maintain and, if possible, to improve the 
quality of this great company of federal employees. 



CAMPAIGN EXPENDITURES 

Economy, honesty, and decency in the conduct of political cam- 
paigns are a necessity if representative government is to be pre- 
served to the people and political parties are to hold the respect 
of the citizens at large. 

The campaign of 1924 complied with all these requirements. It 
was a campaign the expenses of which were carefully budgeted 
in advance and which, at the close, presented a surplus and not 
a deficit. 

There will not be any relaxing of resolute endeavor to keep our 
elections clean, honest and free from stain of any kind. The 
improper use of money in governmental and political affairs is a 
great national evil. One of the most effective remedies for this 
abuse is publicity in all matters touching campaign contributions 
and expenditure. The Republican Party, beginning not later than 
August 1, 1928, and every 30 days thereafter — the last publication 
being not later than five days before the election — will file with 
the committees of the House and Senate a complete account of 
all contributions, the names of the contributors, the amount 



:'.<iii Platforms op Political Parties 

expended, and for what purpose, and will at all times hold its 
records and books touching such matters open for inspection. 

The party further pledges that it will not create, or permit to be 
created, any deficit which shall exist at the close of the campaign. 

immigration 

The Republican Party believes that in the interests of both 
native and foreign born wage-earners, it is necessary to restrict 
immigration. Unrestricted immigration would result in widespread 
unemployment and in the breakdown of the American standards 
of living. Where, however, the law works undue hardship by 
depriving the immigrant of the comfort and society of those bound 
by close family ties, such modification should be adopted as will 
afford relief. 

We commend Congress for correcting defects for humanitarian 
reasons and for providing an effective system of examining pros- 
pective immigrants in their home countries. 

naturalization 

The priceless heritage of American citizenship is our greatest 
gift to our friends of foreign birth. Only those who will be loyal 
to our institutions, who are here in conformity with our laws, and 
who are in sympathy with our national traditions, ideals, and 
principles should be naturalized. 

NAVY 

We pledge ourselves to round out and maintain the navy in all 
types of combat ships to the full ratio provided for the United 
States by the Washington treaty for the limitation of naval arma- 
ment and any amendment thereto. 

HAWAII — ALASKA 

We favor a continuance for the territory of Hawaii of federal 
assistance in harbor improvements, the appropriation of its share 
of federal funds and the systematic extension of the settlement of 
public lands by the Hawaiian race. 



National Republican Platform 367 

We indorse the policy of the present administration with refer- 
ence to Alaska and favor a continuance of the constructive develop- 
ment of the territory. 

WOMEN AND PUBLIC SERVICE 

Four years ago at the Republican National Convention in Cleve- 
land women members of the National Committee were welcomed 
into full association and responsibility in party management. Dur- 
ing the four years which have passed they have carried with their 
men associates an equal share of all responsibilities and their con- 
tribution to the success of the 1924 campaign is well recognized. 

The Republican Party, which from the first has sought to bring 
this development about, accepts wholeheartedly equality on the 
part of women, and in the public service it can present a record 
of appointments of women in the legal, diplomatic, judicial, treas- 
ury and other governmental departments. We earnestly urge on 
the women that they participate even more generally than now 
in party management and activity. 

NATIONAL DEFENSE 

We believe that in time of war the nation should draft for its 
defense not only its citizens, but also every resource which may 
contribute to success. The country demands that should the 
United States ever again be called upon to defend itself by arms, 
the President be empowered to draft such material resources and 
such services and essential commodities, whether utilized in actual 
warfare or private activity. 

OUR INDIAN CITIZENS 

National citizenship was conferred upon all native-born Indians 
in the United States by the general Indian enfranchisement act 
of 1924. We favor the creation of a commission to be appointed 
by the President, including one or more Indian citizens, to investi- 
gate and report to Congress upon the existing system of the 
administration of Indian affairs and to report any inconsistencies 
that may be found to exist between that system and the rights 
of the Indian citizens of the United States. We also favor the 



:;r>S Platforms of Political Parties 

repeal of any law and the termination of any administrative prac- 
tice which may be inconsistent with Indian citizenship. To the 
end that the federal guardianship existing over the persons and 
properties of Indian tribal communities may not work a prejudice 
to the personal and property rights of Indian citizens of the United 
States. The treaty and property rights of the Indians of the 
United States must be guaranteed to them. 

THE NEGRO 

We renew our recommendation that the Congress enact at the 
earliest possible date a federal anti-lynching law so that the full 
influence of the federal government may be wielded to exterminate 
this hideous crime. 



NATIONAL FARM-LABOR PLATFORM, 1928 

The earth is the heritage of the entire human family. The 
right to life implies the right to an opportunity to labor. Justice 
demands that all citizens be allowed to apply their labor to the 
means of production and distribution and produce wealth for their 
own consumption without rendering tribute to any individual or 
group. 

Exploitation is a method of taking wealth from the producers 
without giving an equivalent in return. 

Unemployment is on the increase, distress is becoming more 
acute as the means of producing food, clothing and shelter become 
easier. Both old parties are supported by special privilege forces, 
hence both old party organizations are enemies of the masses of 
the people. 

For more than sixty years we Americans who compose the brain 
and brawn workers of the farm and city, have been duped into 
voting the Republican and Democratic tickets. We have believed 
their purported promises given us by these parties through their 
platforms, only to find that no matter which one we voted for, 
after election we were forgotten and Wall Street and big business 
were their and our masters. 



National Farm-Labor Platform 369 

We feel that the time has come for the farmer and the city 
worker to organize political power into their own political party 
and obtain justice, right, opportunity and happiness. 

In this nation we find the strange fact that we produce too much 
food, too much clothing, too much building; while millions go with- 
out sufficient food, clothing and shelter. 

With a vision to the future for all humanity we declare ourselves 
for a unified Farmer-Labor Party program in the interest of all 
men, women and children. 

Therefore we resolve: To wage war against injustice, greed 
and intolerance. 

We see the day of usefulness for the old parties gone. The 
corruption of our governmental departments, the bankruptcy of 
our farmers, the poverty of our city workers. The result of a dollar 
chasing "civilization" are a challenge to every liberty and justice 
loving American. We, the Farmer-Labor Party, accept this chal- 
lenge and by our growing strength with the following platform 
pledge ourselves to replace the goal of profit with a goal of Service 
to Humanity. 

1. We favor public ownership and permanent conservation 
under democratic public management of all natural resources, 
including coal, iron and other ores, oil, timber lands, and all means 
of production and distribution, including railroads, super-power 
such as Muscle Shoals and Boulder Dam, or any industry that 
becomes monopolized. 

2. Adequate farm relief, including protection to grain and cot- 
ton growers, by applying the principle of an equalization fee and 
the acquisition by genuine cooperative societies as well as govern- 
ment ownership of grain elevators, storage and distributing agen- 
cies on a non-profit basis, in the equitable interests of the farmers, 
city workers and consumers. 

3. We favor a deep waterway from the Great Lakes to the sea. 
The U. S. Government should in conjunction with Canada take 
immediate action to give the northwestern states an outlet to the 
ocean for the cargoes without changing bulk, thus making the pri- 
mary markets on the great lakes equal to those of New York. 

4. We favor proper legislation to secure economic reforestation, 
reclamation, irrigation, flood prevention and flood relief. 



:> >~iU Platforms op Political Parties 

5. We favor abolition of the use of injunctions in labor disputes, 
the right of collective organization and bargaining of city workers 
and farmers. 

6. We favor the ratification of the passed Child Labor Amend- 
ment. 

7. Guaranteed public employment for all whom private industry 
does not employ and unemployment insurance. 

8. We favor adequate pensions to the aged, to victims of war 
and industry, to widows and all indigents. 

9. We believe in the calling of a Constitutional Convention to 
consider a thorough revision of our organic law in conformity with 
modern conditions and principles of human welfare. 

The mighty contribution to general well-being which can be 
made by a government controlled by men of character and courage, 
whose abilities are equal to their responsibilities, is self-evident, 
and should not blind us to the consequences which its loss would 
entail. Under this administration a high level of wages and living 
has been established and maintained. The door of opportunity has 
been opened wide to all. It has given to our people greater com- 
fort and leisure, and the mutual profit has been evident in the in- 
creasingly harmonious relations between employers and employees, 
and the steady rise by promotion of the men in the shops to places 
at the council tables of the industries. It has also been made evi- 
dent by the increasing enrollments of our youths in the technical 
schools and colleges, the increase in savings and the life insurance 
accounts, and by our ability, as a people, to lend the hand of succor 
not only to those overcome by disasters in our own country but in 
foreign lands. With all there has been a steady decrease in the 
burden of Federal taxation, releasing to the people the greatest 
possible portion of the results of their labor from government 
exactions. 

10. Unqualified enforcement of the constitutional guaranties of 
freedom of speech, press and assemblage. 

11. We favor independence of the Philippines, autonomy for 
Porto Rico and civil government for the Virgin Islands. 

12. We favor the extension of the franchise and complete self- 
government to citizens of the District of Columbia. 



National Socialist Platform ?>71 

13. We also favor legislation that will provide facilities for 
every adult citizen to vote for the national officers by mail or in 
person regardless of where one may be in the nation on election 
day, also to abolish the electoral college and "lame duck" sessions 
of Congress, and to pi-ovide for election of President and Vice- 
President by direct vote of the people. 

14. We believe in the enforcement of all laws. 

15. Also abolition of government bureaus, commissions, commit- 
tees or other like organizations exercising legislative or judicial 
powers. 

16. Direct government issue of money paid into circulation and 
government operation of banking and exchange in the common 
interest. 

17. We favor revision of tax laws in order that large incomes 
and inheritances shall carry the chief burden of the cost of govern- 
ment and social insurance. 

18. We are opposed to exploitations and imperialism in all 
forms, and we favor the scrapping of all implements of warfare 
and the withdrawal of our military forces from Nicaragua. Also, 
non-interference in the affairs of Mexico, Latin America, China 
or any other countries. 

19. We favor recognizing the Russian Soviet government and 
the establishment of trade relations with Russia. 

20. We demand that all men and women who served as welfare 
workers overseas during the World War be federalized, thereby 
making them eligible to pensions and hospitalization and also that 
they and all veterans choose their own method of treatment and 
choice of practitioner. 

21. We also favor using governmental powers to utilize the 
labor saving features of the trusts and corporations in the interests 
of the people instead of for the profit of the few. 



NATIONAL SOCIALIST PLATFORM, 1928 

PREAMBLE 

We Americans are told that we live in the most prosperous 
country in the world. Certainly, our natural resources, our me- 



372 Platforms of Political Parties 

chanical equipment, our physical power, the technical capacity of 
our engineers and the skill of our workers in farm and factory 
make it possible for us to attain a level of well-being of which our 
fathers never dared to dream. 

Yet poverty abounds. The owners of our natural resources and 
industrial equipment and the government which they have made 
virtually their tool have not given us plenty, freedom or peace in 
such degree as we have the right and duty to demand. 

Men are hungry while farmers go bankrupt for lack of effective 
demand for food. Tenant farming has reached a proportion of 
almost 40 per cent; more than 40 per cent of the value of farm 
lands is covered by mortgages. Industrial workers are scarecely 
better off. In good years there are at least 1,000,000 unemployed. 
By a conservative estimate in these times of stock market pros- 
perity the number has arisen to 4,000,000. About one-third of 
those of our population 65 years of age and upward are at least 
partially dependent upon some form of charity. While real wages 
have risen for certain groups they have risen scarcely more than 
half the increase in the productive powers of the workers. And 
what gains have been made are far from universial, as the misery 
of textile workers and the tragedy of the coal fields — to cite only 
two examples — abundantly proves. In fact at the present time a 
majority of workers obtain a wage insufficient to maintain them- 
selves and their families in health and decency. Furthermore the 
rapid increase in the use of machinery and the growing intensity 
of work are leading to quicker exhaustion and ever greater 
insecurity. 

Meanwhile the owning class has been using the government to 
curtail the power of the workers whose organized power, through 
their unions, has been chiefly responsible for whatever material 
gains they have made. To curb the workers, civil liberties are de- 
nied, injunctions are invoked against union activities and the courts 
are made the instruments of class justice of which the Mooney 
case and the legalized murder of Sacco and Vanzetti were con- 
spicuous examples. 

Not only plenty and freedom but peace is endangered by this 
system under which the many are exploited for the profit of the 
few. Sons of the workers now die in President Coolidge's in- 



National Socialist Platform 373 

famous little imperialist war in Nicaragua, as they died in Presi- 
dent Wilson's similar wars in Haiti, Santo Domingo and Mexico, 
and above all in that great imperialistic war, born of the trade 
and financial rivalries of the nations, which cost our country thou- 
sands of lives and tens of billions of dollars. 

From the wars, waste and cruelty of a system where the rightful 
heritage of the workers is the private property of the few only the 
united efforts of the farmers and the workers of hand and brain, 
through their cooperatives, unions and political party, can save us. 
We must make government in cities, states, and nation the servant 
of the people. That requires our own political party. We cannot 
place our trust in "good men" or political Messiahs. Bitter ex- 
perience has proved that we cannot trust the alternate rule of the 
Republican and Democratic parties. They belong to the landlords, 
bankers, oil speculators, coal and power barons — in short to the 
capitalist class which finances them. Under their control the gov- 
ernment by what it does and leaves undone, by its calculated in- 
efficiency as well as its repression and corruption, makes our 
alleged democracy largely an illusion. Corruption is natural 
under parties which are the tools of the forces of privilege. It has 
become accepted even by the men who are victims of it. 

These things need not be. The Socialist Party offers itself as 
the political party of the producing classes, of the workers in farm, 
factory, mine and office. It is our political weapon in the class 
struggle and in its triumph lies our hope of ending that struggle. 
Our record proves our good faith. As the only democratic labor 
party in the United States, we stand now as always, in America 
and in all lands, for the collective ownership of natural resources 
and basic industries and their democratic management for the use 
and benefit of all instead of the private profit of the privileged few. 

With this ultimate aim in view, the Socialist Party enters the 
presidential campaign of 1928 with the following program: 

CONSTRUCTIVE PROGRAM — PUBLIC OWNERSHIP AND CONSERVATION 

To recover the rightful heritage of the people we propose: 

1. Nationalization of our natural resources, beginning with 
the coal mines and water sites, particularly at Boulder Dam and 
Muscle Shoals. 



.,— 



74 Platforms of Political Parties 

2. A publicly owned giant power system under which the Fed- 
eral Government shall cooperate with the states and municipalities 
in the distribution of electrical energy to the people at cost. Only 
when public agencies have full control over the generation, trans- 
mission and distribution of electrical power can the consumers be 
guaranteed against exploitation by the great electrical interests of 
the country. Public ownership of these and other industries must 
include employee representation in their management, and the 
principle of collective bargaining must be recognized. 

3. National ownership and democratic management of rail- 
roads and other means of transportation and communication. 

4. An adequate national program for flood control, flood relief, 
reforestation, irrigation and reclamation. 

UNEMPLOYMENT RELIEF 

To relieve the tragic misery of millions of unemployed workers 
and their families we propose : 

1. Immediate governmental relief of the unemployed by the ex- 
tension of all public works and a program of long range planning 
of public works followings the present depression. All persons thus 
employed to be engaged at hours and wages fixed by bona fide labor 
unions. 

2. Loans to states and municipalities for the purpose of carry- 
ing on public works and the taking of such other measures as will 
lessen widespread misery. 

3. A system of unemployment insurance. 

4. The nation-wide extension of public employment agencies in 
cooperation with city federations of labor. 

labor legislation 

The lives and well-being of the producers and their families 
should be the first charge on society. We therefore urge : 

1. A system of health and accident insurance and of old age 
pensions as well as unemployment insurance. As long as the 
workers are dependent primarily upon their employers rather than 
on the community for protection against the exigencies of old age, 
sickness, accident and unemployment, employers hostile or in- 



National Socialist Platform 375 

different to the labor movement will be able to use their private 
insurance schemes as powerful weapons against organized labor. 

2. Shortening the work day in keeping with the steadily in- 
creasing productivity of labor due to improvements in machinery 
and methods. 

3. Securing to every worker a rest period of no less than two 
days in each week. 

4. Enacting of an adequate Federal Anti-Child Labor Amend- 
ment. 

5. Abolition of the brutal exploitation of convicts under the 
contract system and substitution of a cooperative organization of 
industries in penitentiaries and workshops for the benefit of con- 
victs and their dependents, the products to be used in public insti- 
tutions, and the convict workers to be employed at wages current 
in the industry. 

6. Legislation aiming at the prevention of occupational diseases. 

TAXATION 

For the proper support of government and as a step toward 
social justice we propose: 

1. Increase of taxation on high income levels, of corporation 
taxes and inheritance taxes, the proceeds to be used for old age 
pensions and other forms of social insurance. 

2. Appropriation by taxation of the annual rental value of all 
land held for speculation. 

CIVIL LIBERTIES 

To secure to the people the civil rights without which democracy 
is impossible, we demand: 

1. Federal legislation to enforce the First Amendment to the 
Constitution so as effectually to guarantee freedom of speech, 
press and assembly, and to penalize any official who intereferes 
with the civil rights of any citizen. 

2. Abolition Of injunctions in labor disputes. 

3. Repeal of the Espionage law and of other repressive legis- 
lation, and restoration of civil and political rights to those un- 



M7<> Platforms of Political Parties 

justly convicted under war-time laws, with reimbursement for 
time served. 

4. Legislation protecting foreign-born workers from deporta- 
tion and refusal of citizenship on account of political opinions. 

5. Modification of the immigration laws to permit the reuniting 
of families and to offer a refuge for those fleeing from political or 
religious persecution. 

6. Abolition of dectective agencies engaged in interstate 
business. 

ANTI-LYNCHING 

As a measure of protection of the oppressed, especially for our 
Negro fellow citizens, we propose : 

Enactment of the Berger Anti-Lynching bill making participa- 
tion in lynching a felony. 

POLITICAL DEMOCRACY 

The Constitution of the United States was drafted in 1787 and 
was designed to meet conditions utterly different from those pre- 
vailing today. In order to make our form of government better 
suited to the exigencies of the times we propose the immediately 
calling of a constitutional convention. A modernized Constitution 
should provide, among other things, for the election of the Presi- 
dent and Vice-President by direct popular vote of the people, for 
reduction of the representation in Congress of those states where 
large sections of the citizens are disfranchised by force or fraud, 
and proportional representation, and for the abolition of the 
usurped power of the Supreme Court to pass upon the constitu- 
tionality of legislation enacted by Congress. 

CREDIT AND BANKING 

For our emancipation from the money trust, we propose: 

Nationalization of the banking and currency system, beginning 
with extension of the service of the postal savings banks to cover 
every department of the banking business. 



National Socialist Platform 377 

farm relief 

The Socialist Party believes that the farmer is entitled to special 
consideration because of the importance of agriculture, because of 
the farmers' present economic plight and because the farmer is 
unable to control the prices of what he buys and what he sells. 
Many of the party's demands, including public development of elec- 
trical energy, nationalization of coal and railroads, and reform of 
the credit system will be of distinct benefit to the farmer. 

As a further means of agricultural relief, we propose: 

1. Acquisition by bona fide cooperative societies and by Federal, 
state and municipal governments of grain elevators, stockyards, 
storage warehouses and other distributing agencies and the con- 
duct of these services on a none-profit basis. 

2. Encouragement of farmers' cooperative purchasing and mar- 
ket societies and of credit agencies. 

3. Social insurance against losses due to adverse weather con- 
ditions, such as hail, drought, cyclone and flood. 

INTERNATIONAL RELATIONS 

We are unalterably opposed to imperialism and militarism. 
Therefore, we propose: 

1. Immediate withdrawal of American forces from Nicaragua, 
and abandonment of the policy of military intervention in Central 
America and other countries. 

2. That all private loans and investments of American citizens 
in foreign countries shall be made at the sole risk of the bond- 
holders and investors. The United States government shall not 
resort to any military or other coercive intervention with foreign 
countries for the protection of such loans and investments. 

3. Cancellation of all war debts due the United States from its 
former associated powers on condition of a simultaneous cancel- 
lation of all interallied debts and a corresponding remission of the 
reparations obligations of the Central Powers, and on the further 
condition that our debtors reduce their military expenditures below 
pre-war level. The Socialist Party especially denounces the debt 
settling policy of our government in favoring the Fascist dictator- 



378 Platforms op Political Parties 

ship of Italy and thereby helping to perpetuate the political en- 
slavement of the Italian nation. 

4. Recognizing both the services and the limitations of the 
League of Nations, the need of revision of its covenant and of the 
Treaty of Versailles, we unite with the workers of Europe in de- 
manding that the League be made all-inclusive and democratic, 
and that the machinery for the revision of the peace-treaty under 
article 19 of the covenant be elaborated and made effective. We 
favor the entry of the United States at the time and under con- 
ditions which will further these clauses and promote the peace of 
the world. 

5. The recognition of the Russian Soviet Government. 

6. Abandonment of the dangerous program of aggressive mil- 
itarism and big navy buildings in competition with other nations, 
and we pledge ourselves to an aggressive agitation against this 
policy and on behalf of international disarmaments. 

7. Treaties outlawing war and the substitution of peaceful 
methods for the settlement of international disputes. 

8. Independence of the Philippines on terms agreeu upon in 
negotiations with the Filipinos; autonomy for Porto Rico and 
civil government for the Virgin Islands. 



NATIONAL PROHIBITION PLATFORM, 1928 

The Prohibition Party contemplates with gratitude and solemn 
joy the triumphs of the great cause, of which, in partisan matters 
it has been the champion for three score years, yet for the common 
victory we would not withhold recognition due the many thousands 
in times past and the unnumbered millions now, though not affili- 
ated with our party, who firmly stood and now stand ardently for 
national prohibition. 

We note in review that among political parties the Prohibition 
Party is the only one in the last fifty years whose major issue has 
triumphed. For half a century it was the lone sponsor of two 
policies now imbedded in the Constitution, viz: Prohibition and 
Woman Suffrage. Both are parts of our basic law and believed in 



State Democratic Platform 379 

by an overwhelming majority of the people. Forty-six of the forty- 
eight states have ratified prohibition. The government is no longer 
a partner in the liquor traffic and no more takes tribute from the 
iniquitous trade in return for legal protection. 

THE MAJOR PARTIES 

We are glad to believe and declare that nullification of Federal 
provisions for enforcement of prohibtion is not a tenet of the 
Democratic or Republican Parties, but that all nullification is the 
act of liquor sympathizers whose disregard of all laws in conflict 
with their desires is common knowledge confirmed by heaped up 
precedents. Nullification was blasted by Andrew Jackson, the 
Democrat, in his day, and resisted to the death by Abraham Lin- 
coln, the Republican. We deprecate the custom of political 
parties in their platform charging all sins and shortcomings to 
each other. Oft-repeated folly does not thereby become wisdom, 
and falsehood frequently stated does not become the truth. We 
appeal to their sense of shame and intellectual pride for reform in 
this regard. A greater circumspection in putting officials in office 
will lessen the necessity of a call to turn the rascals out. 



STATE DEMOCRATIC PLATFORM, 1928 

The Democratic Party of North Carolina, in convention as- 
sembled, reaffirms its devotion to the time-honored principles of 
our party and calls upon the people to renew their devotion to the 
institutions of our country and the Constitution of our State and 
Nation, and recognizing the right of the people in an orderly 
way to amend the Constitution of the United States at their pleas- 
ure, we declare that our party stands firmly for the enforcement 
of every provision of the Constitution of the United States, includ- 
ing the Eighteenth Amendment and point with pride to the fact 
that the Democratic General Assembly of North Carolina enacted 
adequate legislation guaranteeing concurrent enforcement of the 
Eighteenth Amendment of the Constitution of the United States. 
We pledge the Democratic Party to the enactment of such addi- 



380 Platforms of Political Parties 

tional legislation as may be necessary for the better enforcement 
of the Eighteenth Amendment and other laws against the sale of 
alcoholic liquors in the State. 

We denounce the Republican Party for its failure to sincerely 
enforce the Eighteenth Amendment to the Constitution of the 
United States and call the country's attention to the fact that the 
present Republican administration took away the duty of enforcing 
the prohibition laws from the Department of Justice where it prop- 
erly belongs and placed it under the Treasury Department, pre- 
sided over by the leader of the corrupt Republican Party in Penn- 
sylvania, and turned the forces provided by Congress at a cost of 
millions of dollars, for the purpose of enforcement into a mere 
political organization of the Republican Party, instead of a police 
force honestly endeavoring to perform their duty. 

REPUBLICAN CORRUPTION DENOUNCED 

We denounce the Republican Party in the United States for its 
widespread corruption in the administration of the National Gov- 
ernment, and in the election of Senators and members of the House 
of Representatives of the United States. We denounce their loot- 
ing of public property of the United State and we view with even 
greater alarm the prostitution of the vital functions of our gov- 
ernment for mercenary purposes. It is established that the Re- 
publican Party not only sold the oil properties of the United States, 
but that they have sold legislation and the control of administrative 
boards, set up to serve the people and necessary to the administra- 
tion of the government, to sefish groups, for campaign funds with 
which to perpetuate its powers in this Republic. 

We denounce the Republican Party for not having brought to 
justice and punishment those who corrupted high officials of the ad- 
ministration, and in contrast we point with pride to the administra- 
tion of our country's affairs under Woodrow Wilson, and rejoice 
in the fact that the utmost scrutiny and investigation by the Re- 
publican Party absolutely failed to disclose the slightest corruption 
or graft during the difficult period through which that administra- 
tion conducted the affairs of the Nation. 



State Democratic Platform 381 

world court endorsed 

Since the Democratic platform of 1924 endorsed the World 
Court, and the Swanson resolution, passed by the Senate in 
January, 1926, provided, with certain reservations, for the adher- 
ence of the United States to the World Court, and the negotiations 
between this country and the signatory states which would, in the 
opinion of many eminent jurists, lead to the completion of Amer- 
ican adherence to the court, have been abandoned by the United 
States; we urgently recommend the resumption of negotiations 
with a view to completing the adherence of the United States to the 
World Court. 

DEMOCRATIC state record 

We endorse the faithful and efficient administration of all de- 
partments of the State Government by Democratic State officials. 
We especially endorse and commend the administration of Governor 
McLean, the constructive legislation enacted with his recommenda- 
tion and approval, and the careful supervision he has given to 
every phase of the State's activities. 

We approve the Executive Budget law. Under its operations 
business methods are employed in the conduct of the State's busi- 
ness, and careful checks and balances are employed in the expendi- 
ture of public funds by all departments, institutions and agencies 
of the State. It has demonstrated it great value in maintaining 
at all times a sound fiscal policy, and in giving strength and 
stability to the credit of the State, and its provisions have con- 
tributed to the important achievement of reducing to 4 per cent 
the interest basis on which securities of the State are sold. 

STATE HIGHWAY SYSTEM 

Continuing progress has been made toward the objective of a 
complete, modern, state-wide system of public highways. These 
highways have been constructed and maintained without any tax 
on property by the State, and with a system of financing adequate 
to maintain all roads in the State system, pay interest on public 
road bonds and to provide for the full payment of all bonds as 
they become due and payable. The platform of the party two 
years ago declared that "the State should render every assistance 



382 Platforms of Political Parties 

possible, after providing for the completion and maintenance of the 
State system, to aid the counties in organizing efficient systems of 
connecting county roads." In pursuance of that pledge, the State 
has, under Act of the General Assembly of 1927, increased the mile- 
age of the State system by more than 20 per cent, and relieved the 
counties of the burden of maintenance -of roads formerly main- 
tained by the counties. We renew the declaration of the 1926 plat- 
form that, subject to the limitations therein imposed, the State 
should continue its policy of relieving the counties of maintaining 
public roads that should logically be considered a part of a State 
system of public roads. County roads are maintained by taxes on 
property, and State roads by gasoline and license taxes, and as the 
State may safely expand the mileage of highways in the State 
system it will, to that extent, remove the burden from property 
taxes. 

PUBLIC SCHOOL EDUCATION 

Among its fundamental guarantees, the Constitution of 1868 de- 
clares that, "The people have the right and privilege of education 
and it is the duty of the State to guard and maintain that right"; 
And to make this declaration effective, the Constitution prescribed 
that "The General Assembly * * * shall provide by taxation and 
otherwise for a general and uniform system of public schools, 
wherein education shall be free of charge to all children of the 
State between the ages of six and twenty-one years," with separate 
schools for white and colored, and that, "So much of the ordinary 
revenue of the State as may be by law set apart for the purpose 
shall be faithfully appropriated for establishing and maintaining 
in this State a system of free public schools and for no other uses 
or purposes whatever." 

The Democratic Party is the party of education and of progress 
in North Carolina and under Democratic leadership it added an 
educational qualification to the right of suffrage, while at the same 
time assuring its free exercise by a state-wide school term of six 
months at least, which, in most of the counties, has been increased 
to eight months and in many communities to nine months each year. 
It not only recognizes the constitutional obligation of the State to 
maintain the public school system, which our Supreme Court has 
held to be mandatory, but also the manifest duty of the General 



State Democratic Platform 383 

Assembly to appropriate revenues for that purpose, so that ef- 
ficient maintenance of the minimum school term of six months, 
guaranteed by the Constitution, shall not result in oppressive tax- 
ation among the counties which, in large part, have been forced to 
begin an undue burden on land and personal property. 

EQUALIZATION OF TAXES 

The Democratic Party, therefore, declares that the time has 
come in the economic progress and development of North Carolina 
when the cost of providing public education should be more nearly 
equalized and the burden more evenly distributed. 

We recognize that we have problems in taxation to be solved. 
The liberal program of expanding public service and public im- 
provements by the State and by counties and municipalities 
throughout the State, presents its increasing problems in raising 
necessary public revenue to sustain them. The last General As- 
sembly, recognizing the importance of this question, provided for a 
searching party and investigation of all phases of this question by 
a Tax Commission, appointed by the Governor, and its report will 
be presented to the next General Assembly. We pledge our best 
efforts to a just solution of this problem and renew the declaration 
of the last Democratic State platform in opposition to an ad 
valorem property tax by the State, and our opposition to a sales 
tax, which is a tax upon consumption instead of upon ability to pay. 

CONNECTICUT COMMENDED 

We commend and appreciate the just and fraternal spirit of the 
State of Connecticut, as exemplified through its Governor and 
Attorney-General, in withdrawing its suit against the State of 
North Carolina to enforce payment of certain fraudulent bonds 
which had been donated to a benevolent institution of Connecticut, 
when they became advised of all the facts surrounding the issue of 
said bonds. 

GREAT SMOKY MOUNTAIN PARK 

Through joint action of the state of North Carolina and Ten- 
nessee, in cooperation with patriotic private organizations and with 
favorable legislative policies supported in Washington by our Sen- 



384 Platforms of Political Parties 

ators and members of Congress, the great Smoky Mountain 
National Park in North Carolina and Tennessee will become a 
realization as rapidly as a project of this magnitude may be devel- 
oped. This will preserve for all time one of the oldest boundaries 
of natural forests in a setting of natural beauty and grandeur, and 
when properly developed by the Federal Government, will bring 
many thousands of visitors annually to enjoy the beauty of our 
western North Carolina mountain section. We approve the ap- 
propriation by the State of two million dollars to guarantee the 
success of this great enterprise. 

the inland waterway 

Through the vision and leadership of North Carolina Senators 
and Congressmen, the Inland Waterway was completed to Beaufort 
and the extension of this inland route from Beaufort to the city 
of Wilmington is now definitely under way, the necessary author- 
ization having been made, and under cooperative act by the State, 
the necessary rights of way for its construction are now in process 
of being secured. 

We endorse the amendment to the Constitution submitted to the 
people of the State by the last General Assembly, to increase the 
mere pittance of compensation to members of the General 
Assembly. 

We endorse the l-ecord of our Senators and Representatives In 
Congress and express our pride and gratification in their conspicu- 
ous service in relation to important matters in National legislation, 
their devotion to Democratic principles, and their faithful public 
service in all matters affecting the interest and welfare of their 
own State. 

CAPITAL AND LABOR 

We congratulate the people of the State upon the harmonious 
relations existing between employer and employe and pledge the 
Democratic party to the maintenance of the present fair and just 
law rgulating their relations in this State. 

THE DEMOCRATIC RECORD 

For twenty-seven years the Democratic Party in North Carolina 
has striven to serve the great people who have trusted it with the 



State Republican Platform 385 

administration of their public affairs. We have kept the faith. We 
go on with the great task. We do not make our appeal for con- 
tinued confidence upon empty pledges not expected to be redeemed, 
but upon the actual preference of these fruitful years. In all con- 
fidence, we submit this platform to a just people, content that it be 
appraised in the light of our party's record. 

We rejoice that in recent elections many members of the opposite 
party have joined us in the support of the principles and policies 
here enunciated. We welcome those and all other forward-looking 
men and women to the task of promoting the social, economic and 
material development of our State. 



STATE REPUBLICAN PLATFORM, 1928 

1. It is essential that a uniform ballot law be enacted which 
will grant to every qualified voter the right to vote as he pleases 
and have that vote counted. All parties must be represented in the 
election machinery of the State and no one man should be allowed 
to say whether or not another man can vote. We demand that the 
people of this State be permitted to exercise their constitutional 
rights and privileges. 

2. Our present system of taxation is turning industry from our 
State, driving some of our home industries out of the State and 
becoming an unbearable burden on those that remain. This con- 
dition must be remedied and we demand the enactment of equitable 
and uniform tax laws which will not destroy our industrial or 
agricultural life. 

3. Our tax burden is mounting steadily and our debt growing 
by leaps and bounds. We now have a larger bonded indebtedness 
than any state in the Union with the single exception of New 
York, and we have the third largest debt per capita. Occupying 
third place in the matter of per capita debt we sink to fortieth 
place in per capita purchasing power or income, and sink still 
further to forty-third place in per capita bank resources. This 
condition is more than dangerous for it will ultimately destroy the 
economic life of the State, useless waste and extravagance are 



38(> Platforms op Political Parties 

responsible and while our State is suffering from these ills a wise, 
efficient Republican administration has reduced the National debt 
by approximately eight billion dollars. Efficient management can 
do much in this connection and to this end we urge: 

4. Proper safe guards and limitations for bond issues. 

5. Drastic reduction of number of office holders and the re- 
quirement of personal services. 

6. We demand a statewide, uniform tax law in every county in 
the State for the support of our public schools, supplemented by 
such a state equalizing fund as will give each county the Constitu- 
tional length of school term, and at the same time maintain a tax 
rate and school facilities that will be equal and uniform through- 
out the entire State as required by our Constitution. 

7. We stand unreservedly for a vigorous and impartial enforce- 
ment of the Eighteenth Amendment and the National Prohibition 
Act, and express our unfeigned pride in the splendid results in 
temperance and morality which have resulted from their enactment. 

8. We insist on the policy of protection for the benefit and wel- 
fare of the laborer, the farmer, and the manufacturer — under this 
policy we have grown, and are growing. Without it our industries 
wither and perish. 

8. We favor the adoption of the pending constitutional amend- 
ment fixing the compensation of the members of the General As- 
sembly. 

10. We wholeheartedly endorse and point with unbounded 
pride to the honest, economical and most able administration of our 
President — Calvin Coolidge. 

The above constitute the primary planks of our platform, and 
they may be further condensed into the following: 

1. A uniform secret ballot with enforced registration and count. 

2. Equitable valuation and taxation of all property. 

3. Reduction of taxation and debt and encouarge economy and 
production. 

4. Proper safeguards and limitations of further bond issues. 

5. Reduction of number of office holders and the requirements 
of personal service. 



State Republican Platform 387 

6. Equal tax burden for public schools, and equal school ad- 
vantages throughout the entire State. 

7. Strict cooperation in the enforcement of national temperance 
legislation. 

8. Support of the pending constitutional amendment effecting 
legislators' compensation. 

9. Protective tariff for benefit of laborer, farmer and manu- 
facturer. 

10. Indorsement of the honest, economical, efficient administra- 
tion of Calvin Coolidge. 



PART IX 



ELECTION RETURNS 



1. Popular and Electoral Vote for President by States, 

1928. 

2. Popular Vote for President by States, 1912-1924. 

3. Vote for President by Counties, 1916-1928. 

4. Vote by Counties for Governor in Democratic Pri- 

maries, 1920-1924. 

5. Vote for State Officers in Democratic Primary, 

1928. 

G. Vote for State Officers in Democratic Primaries, 
1924 and 1928. 

7. Democratic Primary Vote, June 5, 192G, for United 

States Senator. 

8. Vote for Governor by Counties, 1920-1928. 

9. Vote for United States Senator, 1920-1920. 

10. Vote for Members of Congress, 1922-1928. 

11. Vote for Constitutional Amendments by Counties. 

1928. 



Vote for President 



391 



POPULAR AND ELECTORAL VOTE* FOR PRESIDENT BY 

STATES, 1928 





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Pluralities 


Electoral 
Vote 


State 


>> 

> a 
° 2. 




a 

CO 

o 

03,0 

> 3 

© a; 


a 

o 

J3 O 

'a s 




120,725 

52,533 

77,751 

1,162,323 

253,872 

296,614 

68,860 

144,168 

99,369 

99,848 

1,768,141 

848,280 

623,818 

513,672 

558,064 

51,160 

179,923 

301,479 

775,566 

965,396 

560,977 

26,889 

834,080 

113,300 

345,745 

18,327 

115,404 

925,796 

69,617 

2,193,344 

348,923 

131,441 

1, 627, 543 

394,052 

205,341 

2,055,382 

117,522 

5,858 

157,603 

195,388 

367,036 

94,618 

90,404 

164,609 

335,844 

375,551 

544,205 

52,748 


127,796 

38,537 
119,196 
614,356 
133,131 
252,040 

36,643 
101,764 
129,602 

53,074 
1,313,817 
562,691 
378,936 
193,003 
381,070 
164,655 

81,179 
223,626 
792,758 
396,762 
396,451 
124,539 
662,562 

78,578 
197,959 

14,090 

80,715 
616,517 

48,094 
2,089,863 
286,227 
106,648 
864,210 
219,206 
109,223 
1,067,586 
118,973 

62,700 
102,660 
157,343 
341,032 

80,985 

44,440 
140,146 
156,772 
263,784 
450,259 

29,299 


460 

429 

19,595 

3,472 

3,019 

329 
4,036 

124 
1,293 








7,071 
41,445 

30,233 

113,495 

17,192 

"97*650 

1,451 

56,842 


3 

13 
6 
7 
3 
6 

4 

29 
15 
13 
10 
13 

6 

8 

15 
1.2 

18 
4 
8 
3 
4 

14 
3 

45 

12 
5 

24 

10 
5 

38 

5 

12 

20 

4 

4 

12 

7 

8 

13 

3 


12 


Arizona 


184 
317 
112 

675 
730 

59 
3,704 

64 




13,996 


"~9 


California 

Colorado 

Connecticut 

Delaware.. 

Florida 


622 


547,967 

120,741 

44,574 

32,217 

42,404 




Georgia 


14 




46,774 
454,324 
285,589 
244,882 
320,669 
176,994 




Illinois 

Indiana. 

Iowa 

Kansas 

Kentucky 


19,138 

3,871 

2,960 

6,20.5 

837 


3,581 
321 
328 
320 
293 


1,812 
645 
230 

340 


"in 




1,068 
1,701 
6,262 
3,516 
6,774 
263 
3,739 
1,667 
3,434 






98,744 
77,853 

568,634 
164,526 




Maryland 

Massachusetts . . . 

Michigan 

Minnesota 

Mississippi 


636 
2,461 
2,881 
4,853 


906 

773 

799 

1,921 


"18 

"in 


Missouri 

Montana 

Nebraska. 


563 


340 


171,518 
34,722 

147,786 

4,237 

34,689 

309,279 
21,523 

103,481 
62,696 
24,793 

763,333 

174,846 
96,118 

987,796 




Nevada 








New Hampshire. _ 
New Jersey 


464 

4,897 

156 

107,332 


173 
1,257 


500 


— 


New York. 

North Carolina . . 


10,876 


4,211 


— 


North Dakota 

Ohio 


842 

8,683 

3,926 

2,720 

18,647 


936 
2,836 


1,515 


— 


Oregon 

Pennsylvania 

Rhode Island . 


1,094 
4,726 


1,564 
330 


""s 


South Carolina 


47 

443 
631 
722 
954 








9 


South Dakota 

Tennessee .. 

Texas . 


232 
111 
209 

47 




54,943 
38,045 
26,004 
13,633 
45,964 
24,463 
179,072 
111,767 
93,946 
23,449 




Utah 




Vermont 




Virginia . 


250 

2,615 

1,313 

18,213 

788 


179 
1,541 

401 
1,528 


174 
4,068 

381 




Washington 

West Virginia 

Wisconsin 

Wyoming 













Total. 


21,429,109 


15,005,497 


267.835 


48,228 


21,181 






444 


87 













•Minor parties vote (not included in above table): 

For Varney, prohibition: Indiana 5,496; Michigan 2,728; New Jersey 160; Ohio 3,556; Pennsylvania 
3,875; Vermont 338; West Virginia 1,703; Wisconsin 2,245; total 20,101. 

For Webb, farmer-labor: Colorado 1,092; Iowa 3,088; Oklahoma 1,284; South Dakota 927; total 6,391. 

Scattering: California 261; Connecticut 6; Louisiana 18; Maine 1; Wisconsin 41; total 327. 

Total of popular votes: 36,798,669. 

Hoover's plurality: 6, 423,612. 

Note: California Hoover total includes 14,394 votes which party indorsed Mr. Hoover. Pennsylvania 
Foster total includes 2,687 labor party votes. South Carolina Hoover total includes 2,670 anti-Smitb 
Democrats voting for Hoover. 



392 



Election Returns 



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394 



Election Keturns 



VOTE FOR PRESIDENT BY COUNTIES, 1916-1928 



Counties 



Alamance. .. 
Alexander.. 
Alleghany.. 

Anson 

Ashe. 

Avery 

Beaufort 

Bertie 

Bladen 

Brunswick.. 
Buncombe.. 

Burke 

Cabarrus 

Caldwell.... 

Camden 

Carteret 

Caswell 

Catawba 

Chatham... 
Cherokee... 

Chowan 

Clay 

Cleveland... 
Columbus... 

Craven 

Cumberland 
Currituck... 

Dare 

Davidson... 

Davie 

Duplin 

Durham 

Edgecombe . 

Forsyth 

Franklin 

Gaston 

Gates 

Graham 

Granville 

Greene 

Guilford.... 

Halifax 

Harnett 

Haywood... 
Henderson.. 

Herford 

Hoke 

Hyde 

Iredell. 

Jackson 

Johnston... 

Jones 

Lee 



1916 



72 QJ 



2,476 

954 

796 

2,046 

1,898 

360 

1,957 

1,461 

1,261 

810 

4,229 

1,621 

2,080 

1,725 

368 

1,165 

849 

2,569 

1,839 

1,362 

610 

400 

2,764 

2,143 

1,780 

1,971 

945 

470 

2,675 

910 

1,824 

2,463 

2,028 

4,115 

2,057 

3,019 

826 

476 

1,713 

1,066 

4,616 

2,312 

1,992 

2,403 

1,166 

977 

780 

840 

3,335 

1,306 

3,468 

712 

1,054 



be u 



2,278 

1,187 

641 

301 

1,930 

1,158 

1.274 

116 

651 

989 

3,830 

1,474 

2,314 

1,659 

86 

1,246 

338 

2,614 

1,501 

1,362 

91 

453 

1,497 

1,327 

542 

1,217 

87 

363 

2,801 

1,245 

1,527 

1,837 

135 

3,585 

396 

2,542 

309 

460 

648 

294 

3,670 

299 

1,603 

1,523 

1,795 

209 

110 

277 

2,073 

1,288 

2,857 

233 

573 



1920 



OH 



5,255 
2,045 
1,409 
3,175 
3,431 

397 
3,522 
1,840 
1,939 
1,253 
10,167 
3,262 
4,418 
2,931 

540 
2,070 
1,239 
5,404 
3,186 
1,761 
1,091 

755 
5,181 
3,111 
3,413 
3,233 
1,000 

825 
4,797 
1,624 
3,398 
4,646 
3,343 
8,123 
2,742 
7,148 

796 

644 
2,622 
1,649 
9,615 
3,429 
3,919 
4,229 
2,496 
1,104 
1,266 
1,134 
6,470 
2,385 
6,030 

964 
2,327 



.5 o 



4,619 

2,643 

1,201 

433 

3,808 

2,503 

2,266 

212 

1,064 

1,362 

8,917 

3,592 

5,148 

3,298 

142 

2,315 

505 

5,935 

2,906 

2,506 

209 

911 

2,953 

1,783 

731 

1,972 

86 

632 

590 

2,591 

2,697 

3,550 

24 

6,792 

589 

5.803 

327 

915 

833 

439 

7,920 

524 

3,311 

3,000 

3,337 

221 

166 

530 

402 

355 

588 

385 

143 



1924 



> « 



4,859 
2,291 
1,643 
2,372 
4,333 

357 
3,048 
1,785 
1,551 
1,118 
10,098 
4,137 
4,449 
3,348 

436 
2,261 
1,075 
5,754 
3,446 
1,742 

714 

953 
3,749 
2,757 
2,942 
2,923 

670 

826 
6,507 
1,795 
2,924 
4,837 
2,274 
7,404 
1,991 
5,654 

679 

841 
2,220 
1,119 
8,804 
3,232 
3,296 
4,582 
3,007 

932 
1,146 

653 
6,449 
3,100 
4,656 

692 
1,834 



6-S 
OH 



3,217 

2,437 

1,234 

225 

3,952 

2,189 

1,502 

159 

786 

1,296 

6,285 

3,190 

3,510 

2,503 

132 

1,854 

467 

5,998 

2,755 

2,314 

98 

1,090 

1,743 

1,629 

325 

1,372 

52 

629 

6,227 

2,672 

1,542 

3,093 

171 

5,315 

302 

3,566 

215 

907 

461 

182 

6,822 

268 

2,895 

2,440 

3,548 

164 

141 

305 

3.565 

2,788 

4,910 

179 

710 



-S <° 






93 
20 

6 
25 

3 

14 
93 

5 

23 

41 

467 



189 

26 

9 

15 

4 

167 

15 

23 

5 

18 

37 

26 

44 

37 

13 

2 

56 

13 

37 

221 

109 

459 

13 

82 

1 

11 

14 

7 

317 

83 

11 

8 

48 

3 

4 

16 

136 

17 

23 

2 

10 



1928 



raw 



4,260 
1,722 
1,414 
2,947 
3,458 

390 
3,533 
2,000 
1,552 
1,018 
12,405 
2,881 
4,869 
2,291 

624 
2,045 

936 
4,916 
2,680 
1,911 

936 

903 
4,914 
2,854 
2,494 
3,297 
1,253 

883 
5,220 
1,085 
2,647 
4,482 
4,184 
6,639 
2,831 
6,702 

572 

963 
2,962 
1,181 
9,872 
4,882 
3,554 
4,173 
3,149 
1,030 
1,154 

590 
4,836 
3,171 
5,041 

486 
1,715 



Vote for President 

VOTE FOR PRESIDENT — Continued 



395 



Counties 



1916 



Lenoir 

Lincoln 

Macon 

Madison 

Martin 

McDowell 

Mecklenburg... 

Mitchell 

Montgomery... 

Moore 

Nash 

New Hanover.. 
Northampton.. 

Onslow 

Orange 

Pamlico 

Pasquotank.. 

Pender 

Perquimans.. 

Person 

Pitt 

Polk 

Randolph 

Richmond- .. 

Robeson 

Rockingham. 

Rowan 

Rutherford.. 

Sampson 

Scotland 

Stanly 

Stokes 

Surry 

Swain 

Transylvania. 

Tyrrell 

Union 

Vance 

Wake 

Warren 

Washington.. 

Watauga 

Wayne 

Wilkes 

Wilson 

Yadkin. 

Yancey 



§5 



1,666 
1,521 
1,146 

972 
1,472 
1,274 
4,508 

462 
1,222 
1.3.37 



XlM 

2,355 

1,518 

1,197 

1,230 

710 

1,177 

970 

645 

953 

2,839 

679 

2,747 

1,553 

2,894 

2,316 

3,053 

2,445 

1,369 

938 

2,110 

1,569 

2,029 

829 

821 

416 

2,662 

1,451 

4,627 

1,217 

651 

1,141 

2,625 

1.632 

2,052 

879 

1,273 



£ S 

tew 



667 
1,369 
1,069 
1,965 

281 
1,218 
1,257 
1,298 
1,196 

047 



^ 



492 

45 

785 

1,158 

527 

270 

400 

28S 

917 

719 

750 

3,031 

650 

1,453 

1,957 

2,320 

1,871 

2,727 

137 

1,941 

1,852 

2,977 

1,128 

841 

392 

702 

558 

2,461 

227 

486 

1,352 

1,446 

3,470 

730 

1,721 

1,082 



1920 



OH 



2,560 
3,331 
2,177 
1,340 
2,561 
2,809 
11,313 

697 
2,321 
2,679 
4703 1 
4,102 
2,305 
1,557 
1,993 
1,286 
1,736 
1,580 
1,042 
1,646 
4,196 
1,361 
5,110 
3,341 
6,183 
4,507 
6,421 
5,101 
2,246 
1,705 
3,843 
1,999 
3,547 
1,434 
1,542 

718 
4,168 
2,461 
8,020 
1,865 
1,116 
1,721 
4,794 
2,843 
3,496 
1,350 
2,280 



tew 



Totals 168,383 120,890 305,447 232,848 284,270 191,753 



1,153 

3,137 

2,050 

3,616 

530 

2,561 

3,421 

2,153 

2,304 

2,279 

TT556 

712 

165 

853 

1,737 

1,008 

507 

699 

487 

1,566 

864 

1,326 

6,297 

1,124 

2,220 

3,605 

4,888 

4,015 

5,353 

306 

4,312 

2,926 

5,170 

2,239 

1,680 

532 

1,404 

816 

3,653 

295 

971 

2,631 

2,822 

6,451 

1,374 

3,301 

2,596 



1924 



to g 

Oh 



2,191 
2,909 
2,178 
1,471 
1,999 
3,023 
8,443 

689 
2,483 
2,771 
3,129 
4,735 
1,662 
1,122 
1,879 

798 
1,236 
1,175 

550 
1,576 
3,197 
1,613 
5,397 
2,475 
4,064 
4,467 
4,816 
5,101 
2,021 
1,469 
3,832 
2,309 
4,418 
1,769 
1,776 

638 
2,721 
2,013 
8,376 
1,742 

883 
2,365 
3,366 
3,586 
2,619 
1,381 
2,592 



6 -S 
OH 



514 

2,658 

2,015 

3,252 

216 

2,590 

2,572 

1,540 

2,077 

1,974 

' 823 

1,190 

144 

423 

1,065 

459 

305 

253 

295 

1,025 

512 

1,445 

6,336 

599 

314 

2,566 

3,560 

3,897 

3,188 

205 

3,594 

2,482 

4,990 

2,178 

1,814 

442 

672 

470 

2,975 

166 

834 

2,665 

1,379 

6,131 

574 

2,889 

2,156 



o 



hJH 



12 
17 

8 

3 

56 

13 

24 

163 
14 
89 

738 
29 
35 
11 
50 
44 
66 
24 
22 
1 
32 
21 

485 
62 
6 
8 
42 
11 
81 
11 
21 



25 

42 

18 

74 

9 

25 

437 

8 

5 

38 

131 

405 

17 

31 

66 



1928 



Q2W 



2,363 
2,913 
2,191 
1,093 
2,818 
3,430 
9,690 

827 
2,016 
2,639 
4,249 
2,760 
1,723 
1,072 
1,799 

878 
1,943 

998 

609 
1,235 
4,646 
1,616 
4,188 
2,975 
4,730 
3,411 
4,783 
4,146 
2,285 
1,761 
3,000 
1,970 
3,647 
1,723 
1,722 

475 
2,840 
2,395 
9,341 
2,037 

898 
2,591 
3,720 
2,802 
3,535 

761 
2,476 



6,651 286,227 348,923 






w 



1,311 
3,930 
2,903 
4,776 

411 
3,423 
12,041 
3,436 
2,653 
3,290 
2,066 
4,248 

456 
1,253 
2,564 
1,099 

814 
1,300 

600 
1,123 
1,395 
1,873 
7,414 
2,045 
2,767 
5,585 
7,957 
5,762 
5,579 

588 
4,597 
3,759 
7,015 
2,484 
2,165 

505 
2,448 
1,449 
6,720 

379 
1,183 
3,159 
4,340 
7,808 
1,933 
3,878 
2,712 



390 



Election Keturns 



VOTE BY COUNTIES FOR GOVERNOR IN DEMOCRATIC 

PRIMARY,* 1920-1924 



Counties 



1920 
First Primary 



6 



o 



1920 
Second Primary 



C9 



1924 



CQ 



Alamance... 
Alexander... 
Alleghany.. 

Anson 

Ashe 

Avery 

Beaufort 

Bertie 

Bladen 

Brunswick.. 
Buncombe... 

Burke 

Cabarrus 

Caldwell 

Camden 

Carteret 

Caswell 

Catawba 

Chatham 

Cherokee 

Chowan 

Clay 

Cleveland 

Columbus 

Craven. 

Cumberland. 

Currituck 

Dare 

Davidson 

Davie 

Duplin 

Durham 

Edgecombe.. 

Forsyth 

Franklin 

Gaston 

Gates 

Graham 

Granville 

Greene 

Guilford 

Halifax 

Harnett 

Haywood 

Henderson... 

Herford 

Hoke 

Hyde 

Iredell. 



134 

187 

131 

590 

214 

18 

438 

694 

694 

91 

,873 

633 

303 

270 

161 

449 

89 

891 

535 

147 

282 

101 

46 

806 

,263 

413 

408 

202 

553 

160 

265 

752 

,254 

514 

,323 

956 

128 

53 

518 

209 

497 

359 

368 

674 

378 

250 

450 

92 

578 



488 
183 
60 
834 
107 
157 

1,086 
229 
229 
306 

1,443 
146 
149 
262 
277 
427 
219 
292 
349 
195 
247 
13 

2,219 

699 

718 

957 

99 

68 

281 

50 

697 

608 

713 

1,094 
715 

1,258 
196 



627 
373 
692 
1,177 
595 
395 
228 
576 
177 
254 
478 



182 

14 

60 

569 

45 

9 

73 

350 

316 

172 

217 

55 

284 

31 

106 

136 

375 

343 

319 

17 

137 

26 

521 

420 

124 

443 

184 

30 

833 

237 

133 

410 

457 

510 

547 

279 

120 

2 

282 

70 

1,298 

607 

542 

113 

22 

213 

233 

201 

313 



358 
375 
320 
986 
429 
41 
579 
627 

1,037 
209 

2,052 
737 
532 
361 
142 
382 
292 

1,033 
689 
315 
232 
103 
390 

1,011 

1,451 
840 
450 
189 
886 
277 
741 

1,106 

1,604 
936 

1,349 

1,375 
189 
180 
847 
284 

1,031 
915 
783 

1,162 
478 
406 
469 
492 

1,959 



488 
203 
200 

1,082 
173 
308 

1,220 
517 
334 
445 

1,967 
359 
321 
443 
158 
273 
433 
401 
390 
106 
186 
26 

3,248 

1,322 
951 

1,323 
135 
13 
752 
211 
757 
584 
767 

1,410 
632 

1,494 
145 



713 
576 

1,307 
999 
682 
553 
257 
592 
189 
444 

1,011 



1,349 

375 

1,002 

1,883 

2,153 

216 

2,153 

1,059 

2,623 

295 

5,297 

1,492 



172 

1,663 

334 

987 

505 

980 

1,400 

298 

590 

100 

3,341 

2,961 

1,738 

1,908 

863 

501 

1,831 

402 

2,036 

3,609 

1,798 

2,802 

1,351 

3,080 

448 

353 

1,314 

348 

2,222 

2,721 

1,285 

3,222 

869 

512 

745 

421 

4,082 



491 

81 

162 

1,516 

202 

193 

1,167 

1,131 

901 

116 

2,007 

194 

123 

464 

615 

337 

637 

418 

1,375 

78 

593 

42 

1,204 

1,117 

1,728 

1,128 

416 

188 

538 

145 

817 

924 

1,402 

504 

1,860 

369 

314 

77 

1,303 

1,266 

1,616 

1,840 

1,834 

1,321 

474 

926 

448 

812 

930 



Primary Vote for Governor 



397 



VOTE BY COUNTIES FOR GOVERNOR IN DEMOCRATIC PRIMARIES* 

1920-1924 — Continued 





1920 
First Primary 


1920 
Second Primary 


1924 


Counties 


a 
a 
.3 

M 

(- 

o 


a 

=3 

o 


V 

■ <3 
Hi 


a 
o 

ro 

*H 
ti 
O 

2 


a 

O 


a 

►J 
o 




Jackson 

Johnston. _ __ . 


397 

1,154 
464 
458 
240 
227 
175 
215 
537 
309 

3,022 
108 
205 
298 
953 
615 
398 
418 
85 
201 
188 
215 
69 
62 
896 
177 

1,031 
853 

1,974 
76 
733 
453 
194 
401 
316 
154 
315 
210 
245 
11 
528 
215 

1,090 

485 

36 

92 

690 

915 

1,161 
130 
386 


297 
577 
251 
230 
900 
543 
73 
226 
274 
421 
496 
160 
49 
69 
521 

1,097 

1,023 
313 
358 
327 
332 
268 
435 
170 

1,392 
138 
147 
274 

2,536 
546 

1.104 

1,158 
183 
205 
333 
103 
294 
98 
91 
146 

1,152 
500 

2,281 
541 
247 
25 
917 
117 
292 
130 
464 


30 
178 

32 
346 
290 
398 

21 

22 
118 

21 
2,048 

14 
615 
697 
321 
482 
399 

98 
256 

28 
350 
430 
141 
164 
792 
1 
811 
686 
615 
290 
535 

88 
162 
276 
468 
100 
377 

16 

17 

31 
898 
398 
1,593 
315 
137 

43 
462 

61 
354 
140 

11 


266 

1,924 

453 

788 

530 

364 

350 

269 

632 

422 

3,443 

62 

474 

695 

1,395 

1,167 

957 

431 

181 

246 

420 

691 

112 

180 

1,457 

256 

1,373 

1,077 

1,861 

447 

856 

613 

331 

557 

721 

384 

580 

286 

345 

51 

791 

376 

2,131 

678 

151 

271 

1,106 

1,435 

1,640 

261 

285 


339 

1,240 
378 
368 

1,050 
595 
224 
147 
361 
507 

1,506 
182 
304 
202 
873 
735 
835 
298 
440 
220 
279 
235 
219 
277 

1,480 
177 
512 
785 

2,472 
718 
878 

1,029 
206 
424 
464 
197 
715 
78 
286 
107 

1,463 
412 

2,585 
542 
124 
24 
955 
186 
823 
195 
392 


1,568 

2,725 

455 

1,113 

2,049 

1,429 

678 

496 

1,598 

1,149 

5,958 

202 

881 

1,431 

1,593 

2,393 

1,523 

835 

701 

615 

1,261 

874 

554 

556 

2,795 

1,024 

1,408 

2,731 

5,536 

1,212 

2,984 

2,699 

634 

1,871 

651 

318 

1,512 

527 

284 

182 

2,838 

939 

4,596 

857 

534 

711 

2,109 

1,772 

1,962 

339 

856 


350 
1,927 


Jones _ _. _ 

Lee _ 

Lenoir . _ _ 


304 

532 

1,480 


Lincoln. 

Macon 

Madison _ 

Martin . .. ... _. 

McDowell _-_ _ .. . .. 

Mecklenburg ... _. 

Mitchell 


430 
382 
186 
783 
653 
2,449 
189 


Montgomery ... 


136 


Moore .. 

Nash... . 


622 
1,712 


New Hanover 


1,463 


Northampton . .. 

Onslow 


1,455 
402 


Orange 


770 


Pamlico.. • 

Pasquotank 

Pender 

Perquimans 

Person . . 


171 

736 
686 
320 
954 


Pitt.. 

Polk 


2,492 
125 


Randolph. 


594 


Richmond . 


660 


Robeson... _ .... . 


1,314 


Rockingham _ ... 


1,055 


Rowan . _ 


1,218 


Rutherford 


1,682 


Sampson ... 


722 


Scotland 


633 


Stanly __ __ 


231 


Stokes 


156 


Surry. 


576 


Swain 


23 


Transylvania __ ... 


633 


Tyrell 


340 


Union.. 


1,559 


Vance 

Wake 


1,418 
4,854 


Warren. . _. _ . 


875 


Washington. __ _ _ 


275 


Watauga 

Wayne. _ _. 


83 
1,551 


Wilkes 


822 


Wilson __ 

Yadkin _ 


1,575 
153 


Yancey. 


515 






Totals 


49,070 


48,983 


30,180 


70,332 


61,073 


151,197 


83,573 











"The Republican party held no gubernatorial primary. O. Max Gardner was unopposed in his 
candidancy for the Democratic nomination in 1928. 



398 



Election Returns 



VOTE FOR STATE OFFICERS IN DEMOCRATIC PRIMARY, 

JUNE 2, 1928 





Lieutenant-Governor 


Commissioner 
of Labor and Printing 


Counties 


a 
•a g 

"-5 >-3 


02 S 

S it, 


a 
"a 

a 

3 

o 

c4 


Q 
"la 


a 

2* 
IS 

02 

hi 


• a 

1-5 O 
SIS 

1(5 


Alamance.. . 


280 
27 
49 
201 
49 
93 

1,140 
263 
550 
378 

4,643 
124 
182 
245 
110 

1,092 
280 
589 
435 
58 
129 
56 

1,810 
787 

1,310 
974 
268 
236 
450 
223 

1,403 

2,810 
404 

1,814 

1,176 

1,250 
329 
32 
518 
223 
686 
466 

1,346 
700 
552 
92 
523 
653 
399 
194 

1,588 
751 


175 

40 

73 

519 

64 

57 

1,337 

1,010 

1,704 

146 

4,917 

1,049 

96 

395 

380 

482 

270 

344 

322 

135 

428 

71 

2,860 

1,152 

616 

1,795 

551 

207 

334 

230 

339 

663 

225 

1,272 

612 

1,544 

277 

9 

858 

87 

728 

2,185 

203 

1,961 

858 

997 

130 

61 

82 

1,021 

874 

46 


833 

72 

31 

1,117 

135 

310 

428 

254 

783 

183 

2,314 

269 

148 

113 

167 

501 

456 

356 

1,105 

67 

110 

16 

872 

1,210 

1,389 

1,172 

137 

36 

639 

31 

351 

1,401 

3,246 

1,076 

1,589 

3,481 

129 

56 

1,125 

1,571 

1,563 

1,438 

624 

1,426 

393 

306 

534 

101 

154 

297 

1,022 

172 


573 

64 

132 

1,053 

135 

326 

1,748 

981 

1,683 

429 

7,258 

621 

220 

699 

506 

1,306 

438 

1,086 

356 

128 

286 

86 

4,403 

1,895 

2,995 

2,124 

714 

371 

755 

174 

1,381 

1,635 

1,857 

3,205 

1,477 

5,339 

242 

56 

1,147 

697 

1,602 

1,692 

1,251 

2,426 

415 

278 

738 

321 

523 

441 

2,103 

813 


394 

46 

7 

373 

12 

147 

879 

341 

685 

172 

3,860 
221 
148 
51 
121 
672 
466 
100 
279 
122 
247 
51 
566 
953 
274 

1,059 
198 
89 
176 
109 
265 

2,296 
843 
656 

1,307 
481 
403 
43 
932 
870 
782 

1,287 
601 

1,461 

1,310 
762 
316 
322 
58 
930 
902 
137 


305 


Alexander 


19 


Alleghany 


25 


Anson 


345 


Ashe | 


101 


Avery 


27 


Beaufort 


165 


Bertie 


175 


Bladen 


531 


Brunswick 


67 


Buncombe 


862 


Burke 


571 


Cabarrus 


50 


Caldwell 


35 


Camden 


48 


Carteret 


48 


Caswell 


138 


Catawba 


141 


Chatham 


1,268 


Cherokee 


13 


Chowan 


100 


Clay 


5 


Cleveland 


385 


Columbus 


317 


Craven 


134 


Cumberland 


510 


Currituck . 


60 


Dare 


12 


Davidson 


481 


Davie 


198 


Duplin 


355 


Durham . 


865 


Edgecombe 


826 


Forsyth 


263 


Franklin ■ 


379 


Gaston 


487 


Gates 


42 


Graham 


1 


Granville.. 


382 


Greene 


179 


Guilford 


508 


Halifax . 


892 


Harnett . . . 


289 


Haywood 


235 


Henderson 


98 


Hertford 


90 


Hoke 


129 


Hyde .. - 


51 


Iredell 


23 


Jackson... . 


133 




369 




56 



Vote for State Officers 



399 



VOTE FOR STATE OFFICERS IN DEMOCRATIC PRIMARY. 
JUNE 2, 1928 — Continued 



Counties 



Lieutenant-Governor 


Commissioner 
of Labor and Printing 






.S 




a 
3 








o 




& 




a 


DQ £ 


a 


S3 


nig 


a & 

•3 2 




H 


is 

SO 


i-j 


|1 




03 


£ 


8& 


695 


411 


789 


811 


758 


305 


1,732 


987 


899 


2,030 


1,157 


323 


207 


404 


983 


1,193 


404 


61 


S3 


61 


51 


49 


95 


7 


76 


138 


180 


204 


135 


35 


96 


738 


615 


569 


741 


61 


78 


256 


28 


221 


127 


14 


3,632 


2,578 


5,310 


4,214 


6,815 


950 


74 


86 


500 


238 


394 


80 


186 


93 


705 


431 


467 


83 


339 


551 


1,463 


1,420 


575 


356 


397 


227 


2,413 


1,939 


731 


223 


1,004 


1,544 


777 


1,836 


836 


442 


299 


2,040 


262 


1,112 


722 


406 


842 


94 


865 


996 


334 


270 


385 


190 


954 


601 


467 


425 


314 


115 


362 


511 


81 


64 


482 


403 


335 


700 


271 


219 


399 


199 


839 


668 


521 


297 


102 


64 


92 


112 


129 


14 


603 


245 


835 


521 


553 


484 


314 


872 


2,563 


2,008 


1,086 


474 


170 


403 


427 


534 


462 


32 


612 


219 


1,047 


1,148 


412 


512 


1,901 


498 


1,073 


1,710 


1,357 


382 


2,182 


1,610 


3,892 


5,265 


1,517 


939 


900 


465 


1,447 


1,189 


1,001 


535 


665 


1,084 


1,473 


1,777 


996 


456 


1,488 


959 


1,380 


1,896 


1,700 


274 


273 


44 


72 


62 


48 


274 


565 


283 


1,103 


938 


618 


367 


593 


351 


809 


689 


638 


426 


206 


143 


187 


421 


116 


45 


186 


69 


151 


227 


99 


80 


73 


55 


109 


165 


60 


13 


75 


59 


131 


41 


168 


9 


16 


11 


277 


59 


103 


28 


2,107 


948 


902 


1,821 


1,300 


500 


594 


1,151 


1,242 


1,572 


761 


435 


3,244 


2,695 


4,434 


3,454 


5,083 


1,761 


335 


1,207 


985 


996 


1,125 


288 


245 


83 


349 


351 


237 


56 


105 


46 


51 


158 


29 


14 


2,959 


429 


645 


2,156 


853 


734 


129 


391 


678 


799 


209 


198 


963 


276 


1,690 


1,739 


717 


161 


290 


41 


83 


367 


24 


31 


315 


259 


711 


240 


677 


295 


68,480 


62,866 


84,477 


115,442 


66,391 


28,207 



Lee. -. 

Lenoir... 

Lincoln 

Macon 

Madison 

Martin 

McDowell 

Mecklenburg.. 

Mitchell 

Montgomery.. 

Moore 

Nash.... 

New Hanover. 
Northampton. 

Onslow 

Orange. 

Pamlico 

Pasquotank. __ 

Pender 

Perquimans. ._ 

Person 

Pitt 

Polk 

Randolph 

Richmond 

Robeson 

Rockingham.. 

Rowan 

Rutherford 

Sampson 

Scotland 

Stanly 

Stokes 

Surry 

Swain 

Transylvania . 

Tyrrell 

Union 

Vance 

Wake 

Warren 

Washington... 

Watauga 

Wayne 

Wilkes 

Wilson. 

Yadkin 

Yancey 



Totals 68,480 



400 Election Returns 



VOTE FOR STATE OFFICERS IN DEMOCRATIC PRIMARIES, 

1924 and 1928 

1924 

for governor- 
Angus Wilton McLean 151,197 

Josiah William Bailey 83,574 

FOR LIEUTENANT-GOVERNOR— 

J. Elmer Long 80,231 

R. R. Reynolds 68,676 

T. C. Bowie 62,086 

FOR ATTORNEY-GENERAL — 

Dennis G. Brummitt 78,411 

Charles Ross 70,448 

Frank Nash 53,167 

FOR COMMISSIONER OF LABOR AND PRINTING— 

First Primary: 

M. L. Shipman 81.011 

Frank D. Grist 69,158 

O. J. Peterson 31,556 

L. M. Nash 19,180 

Second Primary: 

M. L. Shipman 36,S47 

Frank D. Grist 69,382 

FOR CORPORATION COMMISSION — 

George P. Pell 123,558 

Oscar B. Carpenter 78,240 

FOR STATE AUDITOR — 

Baxter Durham 119.900 

James P. Cook 83,162 

FOR COMMISSIONER OF AGRICULTURE— 

W. A. Graham 92,561 

Fred P. Latham 76,808 

T. B. Parker 37.770 

FOR INSURANCE COMMISSIONER— 

Stacey W. Wade 61,463 

J. Frank Flowers 41.340 

1928 
FOR LIEUTENANT-GOVERNOR — 

.John D. Langston 6S.4S0 

W. II. S. Burgwyn 62.860 

R. T. Fountain 84.477 

FOR COMMISSIONER OF LABOR AND PRINTING- 
FRANK D. Grist 115,442 

M. L. Shipman 66,391 

Oscar J. Peterson 28,207 



Vote for U. S. Senator 



401 



DEMOCRATIC PRIMARY VOTE, JUNE 5, 1926, FOR UNITED 

STATES SENATOR 



Counties 


a 

C3 

a 

> 

o 


o 
c 
>> 

« 


Counties 


a 

a 

03 

> 

o 
od 

►J 


R. R. Reynolds 


Alamance 


633 
58 

632 

1,918 

111 

285 

1,484 

781 

1,506 

350 

2,911 

1,313 

806 

2,096 

602 

1,129 

867 

973 

2,589 

700 

536 

322 

2,725 

1,676 

1,863 

2,183 

474 

185 

725 

310 

1,796 

3,212 

1,562 

2,962 

1,959 

3,385 

281 

162 

1,495 

1,059 

2,117 

3,455 

1,473 

2,300 

684 

568 

466 

517 

4,567 

374 

2.254 


135 

107 

341 

1,040 

232 

044 

437 

1,081 

972 

68 

6,973 

524 

143 

365 

331 

852 

272 

549 

1,179 

419 

505 

169 

2,191 

1,780 

1,171 

913 

883 

407 

518 

77 

716 

1,900 

638 

1,196 

1,239 

1,019 

389 

151 

877 

464 

857 

1,100 

1,115 

3,278 

1,199 

955 

141 

542 

887 

1,761 

1.255 


Jones 


641 

1,107 

2,330 

989 

253 

499 

226 

1,306 

6,708 

381 

761 

1,187 

2,125 

2,147 

1,767 

944 

1,249 

527 

756 

814 

174 

1,127 

3,108 

290 

1,106 

3,033 

4,864 

2,251 

3,234 

2,260 

559 

1,541 

1,309 

625 

481 

628 

431 

178 

2,480 

1,217 

5,586 

1,257 

228 

185 

3,381 

484 

1,342 

163 

948 


369 




Lee 


1,187 


Alleghany 


Lenoir.. 


1,467 




Lincoln 


507 




McDowell 


368 


Avery 


Macon 


890 


Beaufort 


Madison . 


388 


Bertie 


Martin 


981 


Bladen 


Mecklenburg ._ . 


2,645 


Brunswick 


Mitchell 


336 


Buncombe 


Montgomery. ._ 


324 


Burke 


Moore 


1,141 




Nash.. ... 


1,778 


Caldwell 


New Hanover... 


1,564 


Camden . 


Northampton 


1,050 


Carteret. 


Onslow... . . 


463 


Caswell . 


Orange . 


586 


Catawba 


Pamlico... . . 


460 


Chatham _. 


Pasquotank. _ .. . 


454 




Pender 


478 


Chowan 


Perquimans .. . 


821 


Clay .. 


Person 


361 




Pitt 


2,379 




Polk 


409 




Randolph 


94 


Cumberland 


Richmond 


1,652 


Currituck.. _ ... 


Robeson 

Rockingham 


1,689 


Dare . 


242 


Davidson 


Rowan. 

Rutherford 


628 


Davie 


1,263 


Duplin 


Sampson. 


195 


Durham. 


Scotland... 


663 




Stanly. ... 


415 


Forsyth 


Stokes 


290 


Franklin 


Surry 


192 




Swain . 


702 


Gates _ _ _ _ ... 

Graham 


Transylvania. 

Tyrrell 


714 
321 




Union. 


1,144 


Greene _ _ __ _ _. 

Guilford 

Halifax _ ... 

Harnett 


Vance 

Wake . 

Warren __ __ ._ 

Washington _ _ 

Watauga . 


1,309 

6,782 

1,251 

223 




15 


Henderson 


Wavne... 

Wilkes 


1,583 




226 


Hoke... 

Hyde... 


Wilson 

Yadkin 


382 
55 


Iredell 


Yancey. 


839 


Jackson 

Johnston .. 


Totals.. 




140.260 


91,914 



402 



Election Returns 



VOTE FOR GOVERNOR BY COUNTIES, 1920-1928 



Counties 



1920 



•c 

K 

O 

0} O 



US 



1924 



(Si 



wp3 



1928 



a 
-a 

J! ° 
OQ 



Alamance 

Alexander 

Alleghany 

Anson 

Ashe 

Avery 

Beaufort 

Bertie 

Bladen. 

Brunswick... 
Buncombe... 

Burke 

Cabarrus 

Caldwell 

Camden 

Carteret 

Caswell 

Catawba 

Chatham 

Cherokee 

Chowan 

Clay 

Cleveland 

Columbus 

Craven 

Cumberland. 

Currituck 

Dare 

Davidson 

Davie.. 

Duplin 

Durham 

Edgecombe.. 

Forsyth 

Franklin 

Gaston 

Gates 

Graham 

Granville 

Greene 

Guilford 

Halifax 

Harnett 

Haywood 

Henderson.. 

Hertford 

Hoke 

Hyde 

Iredell 



5,274 


4,624 


4,934 


3,168 


5,600 


2,000 


2,643 


2,292 


2,429 


2,430 


1,417 


1,187 


1,648 


1,242 


1,648 


3,340 


422 


2,391 


209 


3,263 


3,628 


3,800 


4,350 


3,891 


4,097 


403 


2,497 


460 


2,151 


481 


3,559 


2,212 


3,081 


1,283 


4,062 


1,886 


147 


1,836 


85 


2,186 


1,991 


1,010 


1,691 


600 


2,185 


1,311 


1,381 


1,123 


1,247 


1,214 


10,412 


8,005 


10,826 


6,011 


15,393 


3,314 


3,566 


4,089 


3,227 


3,847 


4,394 


5,226 


4,539 


3,604 


5,991 


2,953 


3,222 


3,374 


2,466 


3,004 


565 


116 


396 


161 


696 


2,094 


2,292 


2,313 


1,832 


2,712 


1,250 


496 


1,074 


443 


1,257 


5,424 


5,912 


5,831 


6,028 


5,759 


3,219 


2,895 


3,271 


2,752 


3,352 


1,762 


2,474 


1,767 


2,317 


2,149 


1,129 


162 


733 


80 


1,084 


763 


913 


1,004 


1,124 


961 


5,116 


2,978 


3,789 


1,796 


6,453 


3,313 


1,655 


2,855 


1,428 


3,661 


3,464 


604 


3,081 


221 


3,744 


3,316 


1,849 


3,304 


1,093 


4,312 


974 


69 


639 


82 


1,288 


846 


624 


823 


638 


977 


4,907 


5,844 


6,558 


6,202 


7,223 


1,634 


2,583 


1,807 


2,680 


1,553 


3,432 


2,704 


2,981 


1,502 


3,361 


4,706 


3,494 


5,233 


2,752 


6,671 


3,395 


292 


2,437 


92 


4,662 


8,250 


6,759 


7,875 


5,256 


11,176 


2,786 


552 


1,987 


270 


3,118 


7,220 


5,749 


6,694 


3,467 


8,640 


812 


294 


664 


95 


755 


655 


916 


871 


906 


1,058 


2,662 


793 


2,218 


433 


3,241 


1,664 


427 


1,132 


151 


1,332 


9,594 


7,788 


9,236 


6,453 


13,523 


3,540 


413 


3,329 


185 


5,379 


3,902 


3,318 


3,336 


2,824 


4,219 


4,227 


2,962 


4,569 


2,375 


4,837 


2,525 


3,604 


3,066 


3,406 


3,881 


1,165 


210 


986 


108 


1,288 


1,266 


156 


1,160 


112 


1,321 


1,170 


475 


657 


352 


722 


6,351 


4,194 


6,505 


3,608 


6,539 



Vote for Governor 



403 



VOTE for governor, 


1920-1928 — Continued 








1920 


1924 


1928 


Counties 


a 
o 

.a 

c 

E 
O 

I! 

a a 


3 

A* g 
►-sPh 


a 
2 


3 

J* 

i-jtf 


if 

a 
■a 

u 

II 

. « 
OQ 


sa 

to 

rig, 


Jackson 


2,398 
6,076 

999 
2,319 
2,882 
3,326 
2,101 
1,330 
2,577 
2,821 
11,221 

736 
2,305 
2,708 
4,072 
4,342 
2,329 
1,578 
2,081 
1,291 
1,816 
1,611 
1,057 
1,629 
4,156 
1,387 
5,066 
3,219 
6,185 
4,469 
6,427 
5,092 
2,428 
1,671 
3,901 
2,001 
3,569 
1,418 
1,549 

717 
4,025 
2,459 
8,145 
1,891 
1,115 
1,753 
4,847 
2,884 
3,530 
1,355 
2,306 


2,354 

5,336 

328 

1,155 

1,024 

3,127 

2,037 

3,609 

496 

2,563 

3,360 

2,235 

2,309 

2,242 

1,518 

472 

126 

822 

1,786 

1,011 

417 

672 

480 

1,582 

' 834 

1,349 

6,243 

1,134 

2,111 

3,592 

4,853 

4,002 

5,333 

296 

4,273 

2,899 

5,173 

2,252 

1,659 

535 

1,499 

804 

3,349 

244 

971 

2,600 

2,776 

6,453 

1,296 

3,295 

2,574 


3,170 
4,727 

711 
1,862 
2,294 
2,948 
2,651 
1,430 
2,012 
3,084 
8,978 

747 
2,510 
2,872 
3,253 
5,295 
1,705 
1,163 
2,015 

909 
1,020 
1,219 

557 
1,603 
3,362 
1,659 
5,395 
2,719 
4,778 
4,481 
5,335 
5,170 
2,089 
1,511 
3,968 
2,298 
4,504 
1,795 
1,842 

493 
2,782 
2,271 
9,300 
1,827 

846 
2,405 
3,801 
3,563 
2,659 
1,389 
2,649 


2,779 

4,842 

150 

677 

395 

2,679 

2,218 

3,110 

193 

2,557 

2,128 

1,604 

2,060 

1,848 

765 

558 

101 

364 

1,193 

393 

548 

208 

283 

1,004 

433 

1,407 

6,286 

504 

610 

2,569 

3,638 

3,842 

3,316 

138 

3,529 

2,490 

4,979 

2,177 

1,775 

599 

613 

357 

2,267 

94 

834 

2,747 

1,203 

6,148 

467 

2,880 

2,132 


3,356 
5,931 

824 
2,110 
2,955 
3,503 
2,544 
1,316 
2,905 
3,859 
15,213 

985 
2,558 
3,051 
4,853 
4,695 
2,104 
1,426 
2,432 
1,069 
2,278 
1,547 

884 
1,425 
5,274 
1,828 
5,560 
3,679 
5,816 
4,667 
6,324 
5,312 
2,750 
2,036 
3,826 
2,444 
4,678 
1,895 
1,973 

540 
3,495 
2,901 
11,856 
2,363 
1,038 
3,199 
4,738 
3,506 
4,185 
1,284 
2,714 


3,382 


Johnston _. . . _ 


7,246 


Jones 


301 


Lee 


1,176 


Lenoir -- 


637 


Lincoln - 


3,752 


Macon 


2,542 


Madison 


3,558 


Martin 


300 


McDowell 


3,222 


Mecklenburg 


7,373 


Mitchell.... 


3,316 


Montgomery 


2,476 


Moore 


3,165 


Nash 


1,382 


New Hanover 


2,129 


Northampton _ 


160 


Onslow ._ 


755 


Orange .. 


2,045 


Pamlico 


810 


Piuiqnntank 


430 


Pender 


770 


Perquimans 


380 


Person 


910 


Pitt 


830 


Polk 


1,645 


Randolph 


6,988 


Richmond 


1,470 


Robeson 


1,837 


Rockingham 


4,713 


Rowan 


6,924 


Rutherford... 


5,121 


Sampson 


5,160 


Scotland 


341 


Stanly 


4,175 


Stokes 


3,560 


Surry 


6,495 


Swain 


2,335 


Transylvania 


2,010 


Tyrrell 


462 


Union 


1,598 


Vance 


895 


Wake 


4,209 


Warren 


136 


Washington 


1,059 


Watauga.. 


2,792 


Wayne 


3,515 


Wilkes 


7,394 


Wilson 


1,251 


Yadkin 


3,641 


Yancey 


2,475 






Totals 


308,151 


230,175 


294,441 


185,627 


362,009 


289.415 







404 



Election Returns 



VOTE FOR UNITED STATES SENATOR, 1920-1926 





1920 


1924 


1926 




c 




of 

C 


*_T 
3 


a 


8 


Counties 


1 


a 

2 a 


o 

a 


a 


I 


03 




l-s 

o 2 


"5 s 

O o 


.fh 

m g 


§2 

^3 


° I 


i-a =3 




■21 


W a. 


si 


<t 


ai 9 


__ => 

S a. 




o a 










n ° 




►3 a 


<a 


fc'Q 


<ai 


JP 


►5 s 


Alamance 


5,289 


4,604 


4,955 


3,180 


4,360 


3,304 


Alexander • 


2,045 
1,426 


2,639 
1,182 


2,297 
1,658 


2,424 
1,220 


2,320 
1,412 


2,203 


Alleghany _._ _. 


1,073 


Anson _ _ _ __ 


3,375 


423 


2,404 


209 


1,694 


64 


Ashe 


3,630 


3,793 


4,350 


3,891 


3,908 


3,404 


Avery 


404 


2,496 


461 


2,150 


416 


1,499 


Beaufort .- - 


3,564 


2,214 


3,084 


1,276 


1.242 


197 


Bertie... 


1,887 
2,000 
1,317 


145 
1,003 
1,378 


1,836 
1,703 
1,130 


83 

584 
1,227 


729 
1,457 
1,173 


21 


Bladen 


439 


Brunswick ______ _. 


1,026 


Buncombe 


10,413 


7,914 


10,536 


5,982 


8,699 


4,411 


Burke 


3,311 


3,562 


4.097 


3,199 


3,550 


3,185 


Cabarrus. ... _ .._ 


4,429 


5,208 


4,533 


3,596 


4,804 


3,997 


Caldwell 


2,966 


3,208 


3,383 


2,464 


2,893 


1,580 


Camden 


563 


118 


433 


136 


152 


14 


Carteret. _. 


2,094 


2,289 


2,311 


1,822 


2,389 


1,112 


Caswell _ 


1,253 


493 


1,085 


439 


817 


273 


Catawba.. ... ... ._ 


5,436 


5,907 


5,845 


6,173 


5,171 


4,688 


Chatham __ _ __ . 


3,229 


2,894 


3,430 


2,731 


3,133 


2,002 


Cherokee ._ __ — 


1,753 


2,473 


1,765 


2,308 


1,842 


2,063 


Chowan.. 


1,133 


172 


735 


79 


228 


11 


Clay 


763 


913 


1,008 


1,122 


845 


952 


Cleveland 


5,202 


2,945 


3,795 


1,789 


3,040 


797 


Columbus... . .. . -__ 


3,337 


1,639 


2,848 


1,425 


3,126 


1,002 


Craven _. _. 


3,463 

3,341 

974 


603 

1,836 

67 


3,081 

3,316 

590 


221 

1,085 

36 


1,237 

1,835 

346 


81 


Cumberland _ _ 


902 


Currituck. 


12 


Dare 


845 
4,933 
1,636 
3,442 


624 
5,819 
2,579 
2,699 


837 
6,431 
1,813 
2,995 


625 
6,191 

2,676 
1,498 


713 
6,144 
1,953 
2,100 


508 


Davidson 


5,971 


Davie 


2,450 


Duplin. . 


650 


Durham 


4,772 
3,413 


3,472 
247 


5,200 
2,452 


2,793 
87 


3,228 
794 


1,213 


Edgecombe 


16 


Forsvth 


8,309 

2,799 

7,236 

812 


6,717 
540 

5,743 
294 


7,871 

1,998 

6,693 

672 


5,243 
268 

3,484 
194 


4,790 
843 

4,443 
950 


2,849 




138 


Gaston 


2,054 


Gates... __ __ 


175 


Graham _ 


653 


914 


865 


909 


858 


976 


Granville .. 


2,671 


793 


2,243 


430 


1,006 


109 


Greene .. 


1,662 
9,808 


427 
7,733 


1,136 
9,373 


151 

6,435 


503 
6,589 


31 


Guilford.... 


4,445 


Halifax 


3,547 
3,918 
4,225 


404 
3,312 
2,962 


3,342 
3,349 
4,569 


184 
2,823 
2,476 


1,139 
3,278 
3,672 


109 


Harnett _ . 


2,705 


Haywood __ _ 


1,568 


Henderson _ ___ 


2,522 


3,498 


3,084 


3,252 


3,273 


3.0S3 


Hertford _ . 


1,168 


210 


985 


106 


472 


31 


Hoke 


1,274 
1,169 
6,493 


154 

476 

4,384 


1,165 

676 

6,512 


112 

320 

3,600 


753 

307 

4,774 


35 


Hyde 


54 


Iredell- 


2,423 



Vote for U. S. Senator 



405 



VOTE FOR UNITED STATES SENATOR, 1920-1926— Continued 



Counties 



1920 



03 

°s 

« 8 



o o 
. OJ 



1924 



a 

.-^ ra 

sa 

fed 



^3 



1926 



a 

? g 

°§ 

co a 

. « 



OS 

S 3 



Jackson 

Johnston 

Jones 

Lee 

Lenoir 

Lincoln 

Macon 

Madison 

Martin 

McDowelL_. 
Mecklenburg. 

Mitchell 

Montgomery. 

Moore 

Nash 

New Hanover 
Northampton 

Onslow 

Orange 

Pamlico 

Pasquotank. _ 

Pender 

Perquimans. _ 

Person 

Pitt 

Polk 

Randolph 

Richmond 

Robeson 

Rockingham.. 

Rowan 

Rutherford... 

Sampson 

Scotland 

Stanly 

Stokes 

Surry 

Swain 

Transylvania. 

Tyrrell 

Union 

Vance 

Wake 

Warren 

Washington. _ 

Watauga 

Wayne 

Wilkes 

Wilson 

Yadkin 

Yancey 

Totals 



,399 
,081 
,000 
,364 
,881 
,337 
,106 

335 
,574 
,817 
,542 

737 

337 
,747 

084 
,342 

330 
,574 

127 
,291 

817 
,606 

060 
,656 

201 
,390 

078 
,368 

297 

512 
,438 

111 

433 
,702 
,911 
,009 

581 
,419 

549 

717 
,203 

508 
,307 

894 
,115 

757 

867 

884 

539 
,360 

306 



2,354 

5,332 

337 

1,124 

1,021 

3,125 

2,033 

3,610 

498 

2,568 

3,253 

2,554 

2,294 

2,223 

1,511 

472 

127 

821 

1,727 

1,010 

416 

672 

478 

1,565 

821 

1,350 

6,239 

1,098 

2,055 

3,587 

4,888 

3,993 

5,289 

286 

4,275 

2,988 

5,153 

2,252 

1,664 

535 

1,365 

768 

3,278 

240 

970 

2,598 

2,766 

6,458 

1,319 

3,290 

2,574 



310,504 



229,343 



3,138 


2,800 


2,550 


4,787 


4,826 


6,079 


717 


146 


425 


1,874 


675 


1,374 


2,285 


396 


1,375 


2,948 


2,673 


3,115 


2,648 


2,212 


2,542 


1,414 


3,045 


955 


2,022 


190 


910 


3,082 


2,543 


2,934 


8,970 


2,110 


2,877 


745 


1,604 


429 


2,517 


2,059 


2,266 


2,878 


1,849 


2,091 


3,281 


757 


1,833 


5,268 


501 


1,050 


1,713 


96 


941 


1,172 


364 


744 


2,036 


1,185 


1,547 


909 


393 


436 


1,317 


236 


609 


1,229 


209 


681 


570 


270 


476 


1,639 


982 


1,124 


3,403 


416 


1,617 


1,656 


1,408 


1,711 


5,452 


6,285 


5,440 


2,724 


503 


2,414 


4,777 


614 


2,352 


4,489 


2,573 


3,188 


5,350 


3,696 


3,372 


5,171 


3,847 


3,909 


2,097 


3,279 


2,564 


1,498 


145 


716 


3,959 


3,520 


3,263 


2,314 


2,485 


2,137 


4,511 


4,970 


4,623 


1,795 


2,177 


1,876 


1,837 


1,770 


1,919 


648 


448 


500 


2,782 


607 


1,359 


2,263 


354 


1,382 


9,318 


2,084 


4,554 


1,829 


94 


1,033 


802 


812 


988 


2,405 


2,659 


2,923 


3,797 


1,203 


2,731 


3,573 


6,147 


3,550 


2,777 


468 


896 


1,393 


2,874 


935 


2,635 


2,126 


2,219 


295,404 


184,393 


218,934 



2,624 

4,946 

30 

291 

277 

2,847 

2,079 

1,789 

38 

2,815 

424 

925 

1,465 

1,170 

242 

103 

118 

104 

741 

103 

84 

98 

72 

408 

127 

1,366 

5,487 

265 

252 

1,944 

1,561 

2,861 

2.620 

61 

2,879 

2,607 

4,607 

1,840 

1,908 

278 

228 

165 

493 

20 

618 

2,895 

997 

6,014 

110 

2,131 

2,259 



142,891 



406 



Election Returns 



VOTE FOR MEMBERS OF CONGRESS, 1922-1928 

FIRST CONGRESSIONAL DISTRICT 



Counties 



1922 


1924 






c* 












T3 






p 


3 






w c3 










si 

II 

.-: eg 


w ft 
. co 


Sri 

11 


-2 5. 


WQ 


Utf 


3D 


(£rt 



1926 



CO O 

3Q 



1928 



o- 



3fl 









Beaufort 

Camden 

Chowan 

Currituck... 

Dare 

Gates 

Hertford 

Hyde 

Martin 

Pasquotank. 
Perquimans 

Pitt 

Tyrrell 

Washington 

Totals... 



1,854 
223 
312 
368 
648 
708 
438 
470 

1,030 
607 
455 

1,653 
611 
824 



10,201 



557 
6 
2 

10 

473 

141 

28 

79 

39 

150 

108 

89 

307 

432 



3,097 
443 
708 
606 
809 
668 
971 
712 

1,927 

1,178 
550 

3,285 
584 
849 



3,401 16,387 



1,193 

125 

69 

18 

559 

176 

81 

202 

173 

172 

235 

354 

380 

741 



4,478 



1,235 
167 
232 
348 
785 
940 
471 
339 
880 
611 
478 

1,622 
496 
897 



3,910 

691 
1,075 
1,284 
1,021 

749 
1,281 

718 
2,813 
2,145 

870 
5,019 

548 
1,016 



9,501 



23,140 



2,037 
104 
133 
54 
659 
243 
108 
342 
292 
435 
370 
941 
448 

1,043 



7,209 



SECOND CONGRESSIONAL DISTRICT 





1922 


1924 


1926 


1928 


Counties 


c 

-a o 


E 
V 

c a 


>:§ 
.X> 

w a. 


03 

a | 
1(5 


Kg 
m b 


a 
o 

Is 

OS 

il 


Bertie 


765 
1,228 

826 
1,314 
1,402 

806 

978 
1,214 


1,844 
2,098 
1,080 
3,219 
2,092 
1,734 
1,761 
2,484 


45 

30 

113 

188 

292 

74 

57 

370 


736 

806 

498 

1,161 

1,374 

1,033 

987 

889 


2,111 
4,483 
1,243 
5,234 
2,701 
2,002 
2,207 
4,148 


104 


Edgecombe. 


430 


Greene 


236 


Halifax 


332 


Lenoir 


553 


Northampton 


124 


Warren 


144 


Wilson 


1,082 






Totals 


8,533 


16,312 


1,169 


7,484 


24,129 


3,005 







Vote for Members op Congress 



407 



VOTE FOR MEMBERS OF CONGRESS, 1922-1928— Continued 
THIRD CONGRESSIONAL DISTRICT 





1922 


1924 


1926 


1928 




£ 


■o 


>> 


03 


>. 




>, 




Counties 


03 


o 

w 

. a 


03 


K 


J3 
03 


a> 




| 




a 


a 




a 




a 
B*> 






< fe 

. O 


Z J 

I? 

o c. 


. o 

j a 


a^ 
.!■§ 


J3 03 

< fe 

. O 

^a 


P3 2 
" 2 


. o 

j a 










. a? 




. 03 






OQ 


HPi 


OQ 


pStf 


OQ 


«tf 


OQ 


gttf 


Caxteret 


2,583 


1,563 


2,213 


1,556 


2,597 


976 


2,722 


2,608 


Craven 


1,867 


57 


3,112 


151 


2,225 


61 


3,340 


1,186 


Duplin . 


2,621 


669 


2,931 


1,367 


2,091 


624 


3,351 


2,538 


Jones 


494 


53 


662 


132 


420 


28 


731 


320 


Onslow : 


833 


161 


1,044 


312 


743 


93 


1,475 


644 


Pamlico 


838 


280 


843 


283 


436 


95 


1,044 


778 


Pender 


900 


242 


1,126 


173 


674 


44 


1,553 


708 


Sampson 


1,494 


3,117 


2,067 


3,325 


2,595 


2,608 


2,769 


5,080 


Wayne 


2,471 


782 


3,687 


1,132 


2,739 


969 


4,755 


3,445 


Totals 


14,101 


6,925 


17,685 


8,431 


13,520 


5,498 


21,740 


17,310 



FOURTH CONGRESSIONAL 


DISTRICT 








1922 


1924 


1926 


1928 


Counties 


s 
o 

is 


03 

eg 

w 

• 03 


3 
O 

Ph 
11 

& a 

T3 03 


u 

o> 

a 

Pi a 

. OS 

a s 
3 o. 
o O 


3 
O 

& a 

-T3 03 


>> 

03 

2 a 
mj 
"S3 

03 3 

•S & 

O 03 


3" 
O 

11 

& a 

-O 03 

WQ 


a 

a 

03 

G 

■J =» 

6013 

•H-§ 


Chatham 


3,326 
1,135 
5,271 
2,277 
921 
4,275 


2,814 
111 

4,240 
104 
155 
662 


3,336 
1,864 
4,847 
3,125 
2,072 
8,813 


2,637 
245 

4,643 
682 
327 

1,971 


3,105 
844 
6,140 
1,775 
1,361 
4,775 


1,959 
128 

4,931 
238 
152 
473 


3,292 
3,064 
6,024 
4,738 
2,634 
11,536 


3,111 


Franklin 


381 


Johnston 


7,174 


Nash 


1,273 


Vance 


711 


Wake 


3,784 






Totals 


16,205 


8,086 


24,057 


10,505 


17,700 


7,881 


31,288 


16,434 







I OS 



Election Returns 



VOTE FOR MEMBERS OP CONGRESS, 1922-1928- 
F1FTH CONGRESSIONAL DISTRICT 



-Continued 





1922 


1924 


1926 


1928 




a" 

OS 

a 


a" 


c" 

a 




a" 

03 

a 




c 

C3 


a 




-a 


to 


T3 


"J^ 


-a 




J 




Counties 


co 


09 


CO 


03 

o 


CO 


"S 


-d 
a> 








ca a 




—; o 




o3 c 


CO 




Ja a 


Oh 03 


"^ 03 

ci a 


Q 03 

S 3 

o a 


•is 

§ 3 


L- 03 


£a 


w.J 

2 3 
5 o- 




JZ « 




J3 » 




_s a; 




j= « 


33 

i-bOh 




oa 


J Oh 


OQ 


E->Oh 


OQ 


OOh 


OP 


Alfl.ma.TiRp 


3,851 
860 


1,579 
191 


4,766 
1,036 


3,270 
440 


4,375 
809 


3,292 
331 


5,093 
1,149 


6,721 


Caswell.. __ 


456 


Durham . 


3,194 


1,478 


4,590 


2,738 


2,906 


1,066 


6,326 


5,843 


Forsyth... 


5,748 


3,479 


7,689 
2,075 
9,384 
1,849 
1,438 


5,232 

412 

6,171 

1,149 

871 


4,798 

999 

6,540 

1,378 

993 


2,811 
107 

4,408 
648 
336 


10,903 
3,162 

13,108 
2,328 
1,380 


9,970 




590 


Guilford 


5,553 

1,697 
1,647 


3,598 
868 
827 


13,584 


Orange 


2,037 


Person 


899 


Rockingham ._ 


4,155 
1,818 
3,755 


2,071 
2,067 
4,020 


4,419 
2,256 
4,546 


2,556 
2,435 
4,981 


3,168 
2,142 
4,619 


1,912 
2,517 
4,588 


4,405 
2,500 
4,626 


4,638 


Stokes 


3,549 


Surry 


6,526 






Totals 


33,694 


20,380 


44,048 


30,255 


32,727 


22,014 


54,990 


54,813 







SIXTH CONGRESSIONAL DISTRICT 





1922 


1924 


1926 


1928 






22 
"c3 




2 
"3 










Counties 


a" 
o 
>> 


a 
o 

a 
S a 


a" 

o 
>> 


a 
o 
Q 
o 

Sa 


a" 

o 

>2' 


-•J 

,5 c 


5 


a 
"a 

s a 










• c3 


* *^ 


oa a 








p-3 g 

i- o 

<d o 

a a 


.2 3 


HH g 
l- O 

OJ o 

§ a 


3 p, 


mer L 
mocra 


C^3 
03,0 

a 3 


oa a 


.XI 
O 3 

a 






















KQ 


£* 


KQ 


gOn 


sa 


JOh 


p-iQ 


£« 


Bladen 


2,325 


569 


1,602 


534 


1,210 


703 


2,323 


1,304 


Brunswick 


1 , 138 
2,241 


1,109 
466 


1,126 
2,847 


1,238 
1,369 


1,179 
2,426 


104 
1,704 


1,204 
3,625 


1,440 


Columbus 


2,833 


Cumberland _ _ 


1,163 


373 


3,305 


1,151 


1,904 


973 


4,210 


2,670 


Harnett. _ _ 


3,529 


2,098 


3,301 


2,643 


3,030 


2,750 


4,181 


4,339 


New Hanover _ 


1,871 


85 


5,176 


501 


1,052 


84 


4,712 


1,999 


Robeson 


2,729 


566 


4,325 


717 


2,087 


592 


5,806 


1,779 


Totals .. 


14,996 


5,266 


21,682 


8,153 


12,888 


7,846 


26,061 


16,364 



Vote for Members op Congress 



409 



VOTE FOR MEMBERS OF CONGRESS, 1922-192S- 
SEVENTH CONGRESSIONAL DISTRICT 



-Continued 



Counties 



1922 



a 
a 

03 
W 



a s 

rt O 

sa 



J3 



1924 



03 

d- 

a 



£3 



O o. 

02 ei 



1926 



03 

w 
°'-s 

c3 O 

3 a 



t. -a 

03 3 
O O. 



1928 



03 o 

3 a 

IT* 4> 



0);- 
. 3 



<J« 



Anson 

Davidson 

Davie 

Hoke 

Lee 

Montgomery 

Moore 

Randolph 

Richmond-.. 

Scotland 

Union. 

Wilkes 

Yadkin 

Totals 



1,753 


70 


2,407 


206 


1,707 


59 


3,257 


5,753 


5,100 


6,542 


6,139 


6,217 


5,930 


7,287 


1,617 


1,980 


1,805 


2,464 


1,963 


2,426 


1,609 


627 


20 


1,172 


104 


758 


32 


1,335 


1,363 


318 


1,808 


670 


1,373 


274 


2,115 


2,491 


2,119 


2,489 


2,044 


2,247 


1,466 


2,556 


2,468 


1,708 


2,889 


1,842 


2,127 


1,112 


3,364 


5,691 


5,558 


5,516 


6,165 


5,486 


5,410 


5,651 


2,440 


. 218 


2,737 


481 


2,466 


227 


3,753 


858 


30 


1,491 


160 


715 


58 


1,979 


1,362 


234 


2,746 


582 


1,370 


233 


3,376 


3,051 


4,354 


3,463 


6,035 


3,888 


5,640 


3,513 


1,155 


1,883 


1,426 


2,760 


1,015 


1,902 


1,329 


30,629 


23,592 


36,491 


29,650 


31,332 


24,769 


41,124 



515 
8,299 
2,735 

173 
1,095 
2,465 
2,781 
6,854 
1,438 

338 
1,566 
7,345 
3,502 

39,106 



EIGHTH CONGRESSIONAL DISTRICT 



Counties 



1922 



.2 a 

o <o 



«• _ 
a a 

03 ej 

0:3 

at 



1924 



3 
O 

Q 

1-4 "o3 

Mi 

o a> 



to 2 



1926 



o 
O 



Ja 

o « 



O 03 

Ph-3 
."° 

b a 
. o> 



1928 



«a 



«3 



Alexander 
Alleghany 

Ashe 

Cabarrus . 
Caldwell.. 
Iredell.... 
Rowan... 

Stanly 

Watauga _ 

Totals.. 



2,192 


2,221 


2,316 


2,419 


2,373 


2,197 


2,474 


1,584 


1,105 


1,756 


1,046 


1,733 


892 


1,770 


4,089 


3,629 


4,436 


3,816 


4,106 


3,267 


4,221 


4,236 


3,929 


4,516 


3,552 


4,817 


3,996 


5,978 


3,396 


2,782 


3,392 


2,475 


2,944 


1,555 


3,033 


5,481 


2,468 


6,568 


3,562 


4,911 


2,362 


6,694 


4,633 


2,620 


5,225 


3,756 


3,364 


1,539 


6,292 


3,673 


3,620 


3,963 


3,520 


3,284 


2,875 


3,860 


2,056 


2,119 


2,520 


2,520 


2,988 


2,860 


3,213 


31,340 


24,235 


34,692 


26,675 


30,520 


21,543 


37,535 



2,254 
1,024 
3,874 
5,950 
3,653 
5,705 
6,889 
4,160 
2,742 

36,521 



410 



Election Returns 



VOTE FOR MEMBERS OP CONGRESS, 1922-192S- 
NINTH CONGRESSIONAL DISTRICT 



-Continued 



Counties 



1922 



►j a 

* « 






1924 



pa S 

. o 

■j a 



<3 
St 



1926 



« 



T3 o 



C3 
PQ 
. B 

oes 



1928 



js 
"3 

n 

►4 2 

KS 



a 

4 

c4 O. 
-a a> 
OPS 



Avery 

Burke 

Catawba 

Cleveland 

Gaston 

Lincoln 

Madison 

Mecklenburg 

Mitchell 

Yancey 

Totals 



552 


1,605 


527 


1,735 


578 


1,201 


470 


3,963 


2,881 


4,137 


3,190 


3,521 


3,122 


3,816 


5,595 


4,923 


5,795 


5,900 


4,999 


4,664 


5,691 


2,532 


981 


3,767 


1,723 


3,047 


800 


5,883 


4,212 


1,147 


6,592 


3,388 


4,510 


1,952 


8,568 


3,014 


2,255 


2,917 


2,637 


3,120 


2,833 


3,332 


1,390 


1,919 


1,470 


3,114 


1,026 


1,743 


1,446 


3,976 


677 


8,657 


2,153 


2,970 


395 


13,851 


634 


1,191 


781 


1,458 


481 


911 


987 


2,728 


1,589 


2,727 


2,129 


2,102 


2,424 


2,712 


28,596 


19,168 


37,370 


27,427 


26,354 


20,045 


46,756 



3,124 
4,525 
7,164 
4,172 
8,724 
3,932 
3,963 
8,472 
3,338 
2,385 



49,799 



TENTH CONGRESSIONAL DISTRICT 



Counties 



1922 



3? 



03 



cSQ 



J3- 

!§• 



1924 



"3 I 



a 

a 

CS 

Kg 

*l 

ll 

o o 

.-^Pi 



1926 



-a o 






1928 



pq- 



cSa 



23 

O O, 



Buncombe... 

Cherokee 

Clay 

Graham 

Haywood 

Henderson... 

Jackson 

McDowell... 

Macon 

Polk 

Rutherford.. 

Swain 

Transylvania 

Totals 



9,356 


5,331 


10,816 


6,086 


8,765 


1,994 


2,019 


1,789 


2,274 


2,077 


950 


935 


1,005 


1,120 


860 


785 


931 


870 


893 


871 


4,224 


1,728 


4,572 


2,357 


3,635 


2,874 


2,580 


3,098 


3,421 


3,184 


2,798 


2,533 


3,129 


2,791 


2,576 


3,231 


2,522 


3,080 


2,557 


2,922 


2,539 


1,982 


2,644 


2,216 


2,488 


1,364 


1,384 


1,610 


1,403 


1,713 


4,194 


2,838 


4,932 


3,800 


3,928 


1,572 


1,497 


1,705 


2,113 


1,883 


1 745 


1,912 


1,780 


1,840 


1,927 


37,626 


28,192 


41,030 


32,871 


36,829 



4,540 
2,028 
960 
970 
1,605 
3,716 
2,621 
2,830 
2,099 
1,359 
2,767 
1,855 
1,850 



14,765 
2,258 
983 
1,063 
4,911 
3,851 
3,350 
3,831 
2,575 
1,820 
5,307 
1,934 
1,959 



29,200 



48,607 



14,986 
2,965 
1,022 
1,194 
3,962 
4,563 
3,389 
3,243 
2,575 
1,649 
5,136 
2.334 
2,027 



49,045 



Constitutional Amendment 411 



VOTE ON CONSTITUTIONAL AMENDMENTS BY COUNTIES, 

1928 

Proposed Amendments to the Constitution of North Carolina Sub- 
mitted to a Vote of the People at the General Election 
November 6, 1928 

Constitutional Amendment Adopted 

Amendment to section 28, Article II — Relating to pay of members 
of the General Assembly. 

Chapter 203, Public Laws, 1927. 

That the Constitution of the State of North Carolina be and it is 
hereby amended by striking out section 28, Article II, and inserting 
in lieu thereof, the following: 

Sec. 28. Pay of members and officers of the General Assembly. 
The members of the General Assembly for the term of their office 
shall receive a salary for their services of six hundred dollars each. 
The salaries of the presiding officers of the two houses shall be 
seven hundred dollars each: Provided, that in addition to the sal- 
aries herein provided for, should an extra session of the General 
Assembly be called, the members shall receive eight dollars per day 
each, and the presiding officers of the two houses ten dollars per 
day each, for every day of such extra session not exceeding twenty 
days; and should an extra session continue more than twenty days, 
the members and officers shall serve thereafter without pay. 

Constitutional Amendment Rejected 

Amendment to section 23, Article IV — Providing for Solicitorial 
Districts. 

Chapter 99, Public Laws, 1927. 

That section 23 of Article IV of the Constitution of North Caro- 
lina be and the same is hereby amended to read as follows: 

Sec. 23. The State shall be divided into twenty-four solic- 
itorial districts, for each of which a solicitor shall be chosen by 
the qualified voters thereof, as is prescribed for members of the 
General Assembly, who shall hold office for the term of four years, 
and prosecute on behalf of the State, in all criminal actions in the 



H2 Election Returns 

Superior Courts, and advise the officers of justices in his district. 
But the General Assembly may reduce or increase the number of 
districts. 

Constitutional Amendment Rejected 

Amendment to section 3, Article V — Relating to classification of 
intangible property. 

Chapter 216, Public Laws, 1927. 

That section 3 of article V of the Constitution of North Carolina 
be amended to read as follows: 

Sec. 3. Taxes to be levied. Laws shall be passed taxing all 
real and personal property, including moneys, bonds, notes, invest- 
ments in stock, and all other choses in action, according to their 
true value in money. The rate of taxation on real property and 
tangible personal property shall be uniform within the territorial 
limits of the authority levying the tax, but intangible personal 
property may be classified by the General Assembly, which shall 
prescribe a uniform rate of tax throughout the State for each class. 

The General Assembly may also tax trades, professions, fran- 
chises, and incomes: Provided, that the rate of tax on incomes 
shall not in any case exceed six per cent (6%) and there shall be 
allowed against the income the following exemptions, to-wit: for a 
married man with a wife living with him, or for a widow or 
widower having a minor child or children, natural or adopted, not 
less than ($2,000) two thousand dollars; for all other persons, not 
less than one thousand dollars ($1,000), and there may be allowed 
other deductions (not including living expenses), so that only ret 
incomes are taxed. 



Vote on Constitutional Amendment 



413 



VOTE ON FOREGOING AMENDMENT RELATING TO PAY OF 
MEMBERS OF THE GENERAL ASSEMBLY 



Counties 


For 


Against 


Alamance 


1,228 

371 

322 

766 

182 

206 

1,888 

1,102 

700 

619 

11,153 

1,287 

2,677 

451 

504 

1,237 

468 

441 

1,062 

1,532 

634 

251 

1,347 

1,034 

1,064 

1,493 

885 

327 

1,089 

823 

939 

3,068 

1,843 

6,527 

1,033 

4,122 

198 

845 

1,601 

188 

9,365 

3,105 

1,152 

1,733 

2,225 

506 

263 

252 

1,197 

2,649 


1,603 
407 


Alleghany 

Anson .. . 


1,123 
1,453 


Ashe . 


1,578 


Avery - - . 


238 


Beaufort 


2,015 


Bertie . 


230 


Bladen 


1,873 


Brunswick 


532 


Buncombe ... 

Burke 


7,429 
561 


Cabarrus.. : . . 

Caldwell 


992 
704 


Camden 


33 


Carteret 

Caswell 

Catawba ._ _ 


499 
477 
371 


Chatham. _ . _ 

Cherokee. .j. 


3,093 
1,081 


Chowan. . 


110 


Clay 

Cleveland .. .. 


68 
2,740 


Columbus . 


1,436 


Craven • _. 


559 


Cumberland.. .. 


1,934 




20 


Dare 


62 


Davidson 


1,968 


Davie _ _ 

Duplin . 


633 
3,244 


Durham _ 

Edgecombe 


1,594 
1,378 


Forsyth .. . ... . 


6,507 


Franklin... 


1,422 


Gaston . . . . . 


1,776 


Gates . 


371 


Graham .. _ . 

Granville . . 


280 
1,260 


Greene. 


839 


Guilford.. -. 


5,583 


Halifax . . 


1,035 


Harnett . 


2,800 


Haywood _ _ . 

Henderson . 


1,349 
1,495 


Hertford . 


467 


Hoke . 


• 627 


Hyde... 


212 


Iredell.. 


2,075 




519 



414 



Election Returns 



VOTE ON FOREGOING AMENDMENT RELATING TO PAY OF MEMBERS 
OF THE GENERAL ASSEMBLY — Continued 




Lenoir 

Lincoln 

Macon 

Madison 

Martin. 

McDowell 

Mecklenburg 

Mitchell 

Montgomery. 

Moore 

Nash 

New Hanover 

Northampton 

Onslow. 

Orange 

Pamlico 

Pasquotank 

Pender. 

Perquimans 

Person 

Pitt. 

Polk 

Randolph 

Richmond 

Robeson 

Rockingham 

Rowan 

Rutherford 

Sampson 

Scotland 

Stanly. 

Stokes 

Surry 

Swain. 

Transylvania 

TyrrelL 

Union. 

Vance 

Wake 

Warren. 

Washington 

Watauga 

Wayne. 

Wilkes 

Wilson 

Yadkin 

Yancey. 



147,734 



Vote for Constitutional Amendment 



415 



VOTE ON FOREGOING AMENDMENT RELATING TO 
SOLICITORIAL DISTRICTS 



Counties 


For 


Against 


Alamftnra> ... 


1,057 

216 

296 

591 

95 

96 

1,722 
775 
531 
326 
10,263 
780 

2,223 
267 
244 
687 
333 
307 
907 

1,317 
475 
103 

1,036 
617 
894 

1,075 
684 
207 
948 
263 
737 

2,923 

1,422 

6,275 
553 

3,815 
115 
613 

1,281 
146 

8,257 

2,664 
880 

1,837 

1,786 
420 
157 
199 
795 

2.312 


1 635 


Alexander.. 


407 


Alleghany 


1 123 


Anson 


1,477 
1,543 


Ashe 


Avery 


234 


Beaufort 


2,016 
441 


Bertie 


Bladen 


1,803 
434 


Brunswick 


Buncombe 


6,621 
695 


Burke 


Cabarrus 


1,100 


Caldwell 


691 


Camden . 


119 


Carteret 


663 


Caswell 


587 


Catawba 


409 


Chatham 


3,159 


Cherokee 


977 


Chowan 


173 


Clay.. 


39 


Cleveland 


2,828 


Columbus 


1,666 


Craven 


524 


Cumberland 


2,056 


Currituck 


74 


Dare 


65 


Davidson 


1,943 

636 


Davie 


Duplin 


3,362 
1,427 
1,679 


Durham... 


Edgecombe 


Forsyth.. 


6,299 


Franklin 


1,779 

1,876 

386 


Gaston 


Gates 


Graham 


195 


Granville 


1,340 


Greene 


862 


Guilford.... 


5,339 


Halifax 


1,309 


Harnett 


2,974 


Haywood 


1,213 


Henderson 


1,349 


Hertford 


509 


Hoke 


675 


Hyde 


217 


Iredell 


2,168 


Jackson 


489 



m; 



Election Returns 



VOTE ON FOREGOING AMENDMENT RELATING TO 

DISTRICTS — Continued 



SOLICITORIAL 



Counties 



Johnston 

Jones 

Lee 

Lenoir -._ 

Lincoln.. 

Macon 

Madison 

Martin 

McDowell 

Mecklenburg. _ 

Mitchell 

Montgomery.. 

Moore 

Nash 

New Hanover. 
Northampton. 

Onslow 

Orange 

Pamlico 

Pasquotank. __ 

Pender 

Perquimans... 

Person 

Pitt 

Polk 

Randolph 

Richmond 

Robeson 

Rockingham. _ 

Rowan 

Rutherford 

Sampson 

Scotland 

Stanly 

Stokes 

Surry 

Swain 

Transylvania. _ 

Tyrrell 

Union 

Vance 

Wake 

Warren 

Washington... 

Watauga 

Wayne 

Wilkes 

Wilson 

Yadkin 

Yancey 




Total. 



1,503 


45 


418 


671 


989 


927 


470 


898 


2,576 


8,386 


95 


316 


680 


2,161 


2,733 


327 


214 


895 


142 


1,052 


366 


587 


248 


1,806 


709 


430 


981 


1,526 


900 


2,012 


1,534 


924 


691 


1,020 


96 


1,627 


1,371 


1,075 


295 


420 


657 


5,667 


404 


471 


688 


1,608 


560 


1,110 


172 


1,274 



123,249 



150,061 



Vote for Constitutional Amendment 



417 



VOTE ON FOREGOING AMENDMENT RELATING TO CLASSI- 
FICATION OF INTANGIBLE PERSONAL PROPERTY 



Counties 


For 


Against 




1,232 

358 

52 

392 

89 

302 

1 ,230 
124 
650 
520 
10,872 
775 

2,005 
344 
461 
582 
553 
399 
976 

1 ,468 
285 
104 

1,043 
903 

1,017 
940 
769 
220 
978 
357 
448 

3,168 

1,492 

3,175 
720 

3,164 
122 
634 

1,532 
199 

9,157 

1,702 
477 

2,259 

2,370 
500 
164 
157 
871 

2,383 


1,573 




290 




1,103 




1,598 




1,539 




226 




2,462 




762 




1,908 




410 




6,355 




723 




1,288 


Caldwell 


713 




34 




1,049 




435 




375 


C hatham - 


3,174 




912 




370 


Clay 


38 




2,824 




1,627 


Craven 


619 




2,188 




27 


Dare - 


72 




1,710 


Davie -- 


685 


Duplin . - 


3,694 




1,516 




1,677 


Forsyth 


9,520 




1,826 


Gaston _ 


2,587 


Gates ._ 


422 




168 




1,202 


Greene _ 


858 


Guilford... 


5,005 


Halifax.. 


2,364 


Harnett. T 


3,504 


Haywood 


1,126 


Henderson __ .. 


1,279 


Hertford 


485 


Hoke 


716 


Hyde. 


248 


Iredell 


2,174 


Jackson 


502 



418 



Election Returns 



VOTE ON FOREGOING AMENDMENT RELATING TO CLASSIFICATION 
OF INTANGIBLE PERSONAL PROPERTY— Continued 



Counties 



Johnston 

Jones 

Lee 

Lenoir 

Lincoln 

Macon 

Madison 

Martin 

McDowell.. 
Mecklenburg,. 

Mitchell 

Montgomery.. 

Moore 

Nash 

New Hanover. 
Northampton. 

Onslow 

Orange 

Pamlico 

Pasquotank... 

Pender 

Perquimans... 

Person 

Pitt 

Polk 

Randolph 

Richmond 

Robeson 

Rockingham.. 

Rowan 

Rutherford 

Sampson 

Scotland 

Stanly 

Stokes 

Surry 

Swain 

Transylvania. . 

Tyrrell 

Union 

Vance 

Wake 

Warren 

Washington 

Watauga 

Wayne 

Wilkes 

Wilson 

Yadkin 

Yancey 



Total. 




Against 



6,473 

454 

1,758 

1,374 

454 

288 

1,156 

1,085 

1,206 

2,337 

369 

930 

1,925 

1,778 

1,190 

767 

844 

1,338 

647 

433 

892 

64 

1,028 

2,185 

1,012 

2,273 

1,958 

2,611 

1,040 

3,764 

2,905 

3,749 

472 

2,093 

3,015 

2,418 

216 

322 

249 

1,432 

1,378 

5,016 

889 

580 

452 

3,725 

3,458 

1,497 

2,453 

460 

158,354 



PART3X 



CONSTITUTIONS 



1. Constitution of the United States of America. 

2. Constitution of the State of North Carolina. 

3. Index to the Constitution of North Carolina. 



Constitution of The United States 421 

CONSTITUTION OF THE UNITED STATES OF AMERICA 

We, the People of the United States, in order to form a more 
perfect Union, establish Justice, insure domestic Tranquility, pro- 
vide for the common defense, promote the general Welfare, and se- 
cure the Blessings of Liberty to ourselves and our Posterity, do 
ordain and establish this Constitution for the United States of 
America. 

Article I 

Section 1. All legislative Powers herein granted shall be 
vested in a Congress of the United States, which shall consist of a 
Senate and House of Representatives. 

Sec. 2. The House of Representatives shall be composed of 
Members chosen every second Year by the People of the several 
States, and the Electors in each State shall have the Qualifications 
requisite for Electors of the most numerous Branch of the State 
Legislature. 

No person shall be a Representative who shall not have attained 
to the Age of twenty-five years, and been seven Years a Citizen of 
the United States, and who shall not, when elected, be an Inhab- 
itant of that State in which he shall be chosen. 

Representatives and direct Taxes shall be apportioned among the 
several States which may be included within the Union, according 
to their respective Numbers, which shall be determined by adding 
to the whole Number of free Persons, including those bound to 
Service for a Term of Years, and excluding Indians not taxed, 
three-fifths of all other Persons. The actual Enumeration shall be 
made within three Years after the first Meeting of the Congress 
of the United States, and within every subsequent Term of ten 
Years, in such Manner as they shall by Law direct. The number 
of Representatives shall not exceed one for every thirty Thousand, 
but each State shall have at Least one Representative; and until 
such enumeration shall be made, the State of New Hampshire 
shall be entitled to chuse three, Massachusetts eight, Rhode Island 
and Providence Plantations one, Connecticut five, New York six, 
New Jersey four, Pennsylvania eight, Delaware one, Maryland six, 
Virginia ten, North Carolina five, South Carolina five, and Georgia 
three. 



422 Constitutions 

When vacancies happen in the Representation from any State, 
the Executive Authority thereof shall issue Writs of Election to 
fill such vacancies. 

The House of Representatives shall chuse their Speaker and 
other Officers; and shall have the sole Power of Impeachment. 
J Sec. 3. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature thereof, 
for six Years; and each Senator shall have one Vote. 

Immediately after they shall be assembled in Consequence of the 
first Election, they shall be divided as equally as may be into three 
Classes. The Seats of the Senators of the first Class shall be va- 
cated at the Expiration of the second Year, of the second Class at 
the Expiration of the fourth Year, and of the third Class at the 
Expiration of the sixth Year, so that one-third may be chosen 
every second Year; and if Vacancies happen by Resignation, or 
otherwise, during the Recess of the Legislature of any State, the 
Executive thereof may make temporary Appointments until the 
next Meeting of the Legislature, which shall then fill such 
Vacancies. 

No Person shall be a Senator who shall not have attained to the 
Age of thirty Years, and been nine Years a Citizen of the United 
States, and who shall not, when elected, be an Inhabitant of that 
State for which he shall be chosen. 

The Vice-president of the United States shall be President of the 
Senate, but shall have no Vote, unless they be equally divided. 

The Senate shall chuse their other Officers, and also a President 
pro tempore, in the absence of the Vice-president, or when he shall 
exercise the Office of President of the United States. 

The Senate shall have the sole Power to try all Impeachments. 
When sitting for that Purpose, they shall be on Oath or Affirma- 
tion. When the President of the United States is tried, the Chief 
Justice shall preside: And no Person shall be convicted without 
the Concurrence of two-thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend further than 
to removal from Office, and disqualification to hold and enjoy any 
Office of honor, Trust or Profit under the United States: but the 
Party convicted shall nevertheless be liable and subject to Indict- 
ment, Trial, Judgment and Punishment, according to Law. 



Constitution op The United States 423 

Sec. 4. The Times, Places and Manner of holding Elections for 
Senators and Representatives, shall be prescribed in each State 
by the Legislature thereof; but the Congress may at any time by 
Law make or alter such Regulations, except as to the places of 
chusing Senators. 

The Congress shall assemble at least once in every Year, and 
such Meeting shall be on the first Monday in December, unless 
they shall by Law appoint a different Day. 

Sec. 5. Each House shall be the Judge of the Elections, Returns 
and Qualifications of its own Members, and a Majority of each 
shall constitute a Quorum to do Business; but a smaller Number 
may adjourn from day to day, and may be authorized to compel the 
Attendance of absent Members, in such Manner and under such 
Penalties as each House may provide. 

Each House may determine the Rules of the Proceedings, punish 
its Members for disorderly Behavior, and, with the Concurrence of 
two-thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, and from 
time to time publish the same, excepting such Parts as may in their 
Judgement require Secrecy; and the Yeas and Nays of the Mem- 
bers of either House on any question shall, at the Desire of one- 
fifth of those Present, be entered on the Journal. 

Neither House, during the Session of Congress, shall, without the 
Consent of the other, adjourn for more than three days, nor to any 
other Place than that in which the two Houses shall be sitting. 

Sec. 6. The Senators and Representatives shall receive a Com- 
pensation for their Services, to be ascertained by Law, and paid out 
of the Treasury of the United States. They shall in all Cases, ex- 
cept Treason, Felony and Breach of the Peace, be privileged from 
Arrest during their Attendance at the Session of their respective 
Houses, and in going to and returning from the same; and for any 
Speech or Debate in either House, they shall not be questioned in 
any other Place. 

No Senator or Representative shall, during the Time for which 
he was elected, be appointed to any civil Office under the Authority 
of the United States, which shall have been created, or the Emolu- 
ments whereof shall have been increased during such time; and no 
Person holding any Office under the United States, shall be a Mem- 
ber of either House during his Continuance in Office. 



424 Constitutions 

Sec. 7. All Bills for raising Revenue shall originate in the 
House of Representatives; but the Senate may propose to concur 
with Amendments as on other Bills. 

Every Bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a Law, be presented to the 
President of the United States; If he approve he shall sign it, but 
if not he shall return it, with his Objections to that House in which 
it shall have originated, who shall enter the Objections at large on 
their Journal, and proceed to reconsider it. If after such Reconsid- 
eration two-thirds of the House shall agree to pass the Bill, it shall 
be sent, together with the Objections, to the other House, by which 
it shall likewise be reconsidered, and if approved by two-thirds of 
that House, it shall become a law. But in all such Cases the Votes 
of both Houses shall be determined by Yeas and Nays, and the 
Names of the Persons voting for and against the Bill shall be en- 
tered on the Journal of each House respectively. If any Bill shall 
not be returned by the President within ten Days (Sundays ex- 
cepted) after it shall have been presented to him, the Same shall be 
a Law, in like Manner as if he had signed it, unless the Congress 
by their Adjournment prevent its Return, in which Case it shall 
not be a Law. 

Every Order, Resolution, or Vote to which Concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of Adjournment) shall be presented to the President of 
the United States; and before the Same shall take Effect, shall be 
approved by him, or being disapproved by him, shall be repassed 
by two-thirds of the Senate and House of Representatives accord- 
ing to the Rules and Limitations prescribed in the Case of a Bill. 

EC. 8. The Congress shall have Power To lay and collect 
Taxes, Duties, Imposts and Excises, to pay the Debts and provide 
for the common Defense and General Welfare of the United States; 
but all Duties, Imposts and Excises shall be uniform throughout 
the United States; 

To borrow Money on the credit of the United States; 

To regulate Commerce with foreign Nations, and among the sev- 
eral States, and with the Indian Tribes; 

To establish an uniform Rule of Naturalization, and uniform 
Laws on the subject of Bankruptcies throughout the United 
States ; 



Constitution of The United States 425 

To coin Money, regulate the Value thereof, and of foreign Coin, 
and to fix the Standard of Weights and Measures; 

To provide for the Punishment of counterfeiting the Securities 
and current Coin of the United States; 

To establish Post Offices and post Roads; 

To promote the Progress of Science and useful Arts, by securing 
for limited Times to Authors and Inventors the exclusive Right to 
their respective Writings and Discoveries; 

To constitute Tribunals inferior to the Supreme Court; 
To define and punish Piracies and Felonies committed on the 
high Seas, and Offences against the Law of Nations; 

To declare War, grant Letters of Marque and Reprisal, and 
make Rules concerning Captures on Land and Water; 

To raise and support Armies, but no appropriation of Money to 
that Use shall be for a longer Term than two Years; 

To provide and maintain a Navy; 

To make Rules for the Government and Regulation of the land 
and naval Forces; 

To provide for calling forth the Militia to execute the Laws of 
the Union, suppress Insurrections and repel Invasions; 

To provide for organizing, arming, and disciplining the Militia, 
and for governing such Part of them as may be employed in the 
Service of the United States, reserving to the States respectively, 
the Appointment of the Officers, and the Authority of training the 
Militia according to the discipline prescribed by Congress; 

To exercise exclusive Legislation in all Cases whatsover, over 
such District (not exceeding ten Miles square) as may, by Cession 
of particular States, and the Acceptance of Congress, become the 
Seat of the Government of the United States, and to exercise like 
Authority over all Places purchased by the Consent of the Legis- 
lature of the State in which the same shall be, for the Erection of 
Forts, Magazines, Arsenals, dock-Yards, and other needful Build- 
ings; — And * 

To make all Laws which shall be necessary and proper for carry- 
ing into Execution the foregoing Powers, and all other Powers 
vested by this Constitution in the Government of the United States, 
or in any Department or Officer thereof. 






m 



426 Constitutions 

Sec. 9. The Migration or Importation of such Persons as any 
of the States now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the Year one thousand eight 
hundred and eight, but a Tax or duty may be imposed on such Im- 
portation not exceeding ten dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not be sus- 
pended, unless when in Cases of Rebellion or Invasion the public 
Safety may require it. 

No bill or Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct, Tax should be laid, unless in Pro- 
portion to the Census of Enumeration hereinbefore directed to be 
taken. 

No Tax or Duty shall be laid on Articles exported from any 
State. 

No Preference shall be given by any Regulation of Commerce or 
Revenue to the Ports of one State over those of another; nor shall 
Vessels bound to, or from, one State, be obliged to enter, clear, or 
pay Duties in another. 

No Money shall be drawn from the Treasury, but in Consequence 
of Appropriations made by Law; and a regular Statement and Ac- 
count of the Receipts and Expenditures of all public Money shall 
be published from time to time. 

No Title of Nobility shall be granted by the United States : and 
no Person holding any office of Profit or Trust under them, shall, 
without the Consent of Congress, accept of any present, Emolu- 
ment, Office, or Title, of any kind whatever, from any King, Prince 
or foreign State. 

Sec. 10. No State shall enter into any Treaty, Alliance, or Con- 
federation; grant Letters of Marque and Reprisal; coin Money; 
emit Bills of Credit; make any Thing but gold and silver Coin a 
Tender in Payment of Debts; pass any Bill of Attainder, ex post 
facto Law, or Law impairing the Obligation of Contracts, or grant 
any Title of Nobility. 

No State shall, without the Consent of the Congress, lay any Im- 
posts or Duties on Imports or Exports, except what may be abso- 
lutely necessary for executing its inspection Laws: and the net 
Produce of all Duties and Imposts, laid by any State on Imports or 



Constitution of The United States 427 

Exports, shall be for the Use of the Treasury of the United States; 
and all such Laws shall be subject to the Revision and Control of 
the Congress. 

No State shall, without the Consent of Congress, lay any Duty of 
Tonnage, keep Troops, or Ships of War in time of Peace, enter into 
any Agreement or Compact with another State, or with a foreign 
Power, or engage in War, unless actually invaded, or in such immi- 
nent Danger as will not admit of Delay. 

Article II 

Section 1. The executive Power shall be vested in a President 
of the United States of America. He shall hold his Office during 
the Term of four Years, and together with the Vice-President, 
chosen for the same Term, be elected, as follows: 

Each State shall appoint, in such Manner as the Legislature 
thereof may direct, a Number of Electors, equal to the whole Num- 
ber of Senators and Representatives to which the State may be en- 
titled in the Congress; but no Senator or Representative, or Per- 
son holding an Office of Trust or Profit under the United States, 
shall be appointed an Elector. 

The Electors shall meet in their respective States, and vote by 
Ballot for two Persons, of whom one at least shall not be an Inhab- 
itant of the same State with themselves. And they shall make a 
List of all Persons voted for, and of the Number of votes for each ; 
which List they shall sign and certify, and transmit sealed to the 
Seat of the Government of the United States, directed to the Presi- 
dent of the Senate. The President of the Senate shall, in the 
Presence of the Senate and House of Representatives, open all the 
Certificates, and the Votes shall then be counted. The Person hav- 
ing the greatest Number of Votes shall be the President, if such 
Number be a Majority of the whole Number of Electors appointed; 
and if there be more than one who have such Majority, and have 
an equal Number of Votes, then the House of Representatives shall 
immediately chuse by Ballot one of them for President; and if no 
Person have a Majority, then from the five highest on the List the 
said House shall in like manner chuse the President. But in 
chusing the President, the Votes shall be taken by States, the 
Representation from each State having one Vote; a quorum for 



428 Constitutions 

this Purpose shall consist of a Member or Members from two- 
thirds of the States, and a Majority of all the States shall be neces- 
sary to a Choice. In every Case, after the Choice of the President, 
the Person having the greatest Number of Votes of the Electors 
shall be the Vice-president. But if there should remain two or 
more who have equal Votes, the Senate shall chuse from them by 
Ballot the Vice President. 

The Congress may determine the Time of chusing the Electors, 
and the Day on which they shall give their Votes; which Day shall 
be the same throughout the United States. 

No person except a natural born Citizen, or a Citizen of the 
United States, at the time of the Adoption of the Constitution, shall 
be eligible to the Office of President; neither shall any Person be 
eligible to that Office who shall not have attained to the Age of 
thirty-five Years, and been fourteen Years a Resident within the 
United States. 

In Case of the Removal of the President from Office, or of his 
Death, Resignation, or Inability to Discharge the Powers and 
Duties of the said Office, the Same shall devolve on the Vice Presi- 
dent, and the Congress may by law provide for the Case of Re- 
moval, Death, Resignation or Inability, both of the President and 
Vice President, declaring what Officer shall then act as President 
and such Officer shall act accordingly, until the Disability be re- 
moved, or a President shall be elected. 

The President shall, at stated Times, receive for his Services, a 
Compensation, which shall neither be increased nor diminished dur- 
ing the Period for which he shall have been elected, and he shall 
not receive within that Period any other Emoluments from the 
United States, or any of them. 

Before he enters on the Execution of his office, he shall take the 
following Oath or Affirmation: — 

"I do solemnly swear (or affirm) that I will faithfully execute 
the Office of President of the United States, and will to the best 
of my Ability, preserve, protect, and defend the Constitution of the 
United States." 

Sec. 2. The President shall be Commander in Chief of the 
Army and Navy of the United States, and of the Militia of the sev- 
eral States, when called into the actual Service of the United 



Constitution op The United States II") 

States; he may require the Opinion, in writing, of the principal 
Officer in each of the executive Departments, upon any Subject 
relating to the Duties of their respective Offices, and he shall have 
Power to grant Reprieves and Pardons for Offences against the 
United States, except in Cases of Impeachment. 

He shall have Power, by and with the Advice and Consent of the 
Senate, to make Treaties, provided two-thirds of the Senators 
present concur; and he shall nominate, and by and with the Advice 
and Consent of the Senate, shall appoint Ambassadors, other 
public Ministers and Consuls, Judges of the Supreme Court, -and all 
other Officers of the United States, whose Appointments are not 
herein otherwise provided for, and which shall be established by 
Law: but the Congress may by Law vest the Appointment of such 
inferior Officers, as they think proper, in the President alone, in 
the Courts of Law, or in the Heads of Departments. 

The President shall have Power to fill up all Vacancies that may 
happen during the Recess of the Senate, by granting Commissions 
which shall expire at the End of their next Session. 

Sec. 3. He shall from time to time give to the Congress Infor- 
mation of the State of the Union, and recommend to their Consider- 
ation such Measures as he shall judge necessary and expedient; he 
may, on extraordinary Occasions, convene both Houses, or either 
of them, and in Case of Disagreement between them, with Respect 
to the Time of Adjournment, he may adjojurn them to such Time 
as he shall think proper; he shall receive Ambassadors and other 
public Ministei's; he shall take Care that the Laws be faithfully 
executed and shall Commission all the Officers of the United States. 

Sec. 4. The President, Vice President and all civil Officers of 
the United States, shall be removed from Office on Impeachment 
for, and Conviction of, Treason, Bribery, or other high Crimes 
and Misdemeanors. 

ARTICLE III 

Section 1. The judicial Power of the United States, shall be 
vested in one supreme Court, and such inferior Courts as the 
Congress may from time to time ordain and establish. The Judges, 
both of the supreme and inferior Courts, shall hold their Offices 
during good Behavior, and shall, at stated Times, receive for their 



430 Constitutions 

Services a Compensation, which shall not be diminshed during 
their Continuance in Office. 

Sec. 2. The judicial Power shall extend to all Cases, in Law 
and Equity, arising under this Constitution, the Laws of the 
United States, and Treaties made, or which shall be made, under 
their Authority; — to all Cases affecting Ambassadors, other public 
Ministers and Consuls; — to all Cases of admiralty and maritime 
Jurisdiction; — to Controversies to which the United States shall 
be a Party; — to Controversies between two or more States; — be- 
tween a State and Citizens of another State; — between Citizens of 
different States; — between Citizens of the same State claiming 
Lands under Grants of different States, and between a State, or 
the Citizens thereof, and foreign States, Citizens, or Subjects. 

In all Cases affecting Ambassadors, other public Ministers and 
Consuls, and those in which a State shall be a Party, the supreme 
Court shall have original Jurisdiction. In all the other Cases be- 
fore mentioned, the supreme Court shall have appellate Jurisdic- 
tion, both as to Law and Fact, with such Exceptions, and under 
such Regulation as the Congress shall make. 

The Trial of all Crimes, except in Cases of Impeachment, shall 
be by Jury; and such Trial shall be held in the State where the 
said Crimes shall have been committed; but when not committed 
within any State, the Trial shall be at such Place or Places as the 
Congress may by Law have directed. 

Sec. 3. Treason against the United States, shall consist only in 
levying War against them, or in adhering to their Enemies, giving 
them Aid and Comfort. No Person shall be convicted of Treason 
unless on the Testimony of two Witnesses to the same overt Act, 
or on Confession in open Court. 

The Congress shall have Power to declare the Punishment of 
Treason, but no Attainder of Treason shall work Corruption of 
Blood, or Forfeiture except during the Life of the Person attained. 

ARTICLE IV 

Section 1. Full Faith and Credit shall be given in each State 
to the public Acts, Records, and judicial Proceedings of every other 
State. And the Congress may by general Laws prescribe the Man- 



Constitution of The United States 431 

ner in which such Acts, Records and Proceedings shall be proved, 
and the Effect thereof. 

Sec. 2. The Citizens of each State shall be entitled to all Privi- 
leges and Immunities of Citizens in the several States. 

A person charged in any State with Treason, Felony, or other 
Crime, who shall flee from Justice, and be found in another State, 
shall on Demand of the executive Authority of the State from 
which he fled, be delivered up, to be removed to the State having 
Jurisdiction of the Crime. 

No Person held to Service or Labour in one State, under the 
Laws thereof, escaping into another, shall, in Consequence of any 
Law, or Regulation therein, be discharged from such Service or 
Labour, but shall be delivered up on Claim of the Party to whom 
such Service or Labour may be due. 

Sec. 3. New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the 
Jurisdiction of any other State; nor any State be formed by the 
Junction of two or more States, or Parts of States, without the 
Consent of the Legislatures of the States concerned as well as of 
the Congress. 

The Congress shall have Power to dispose of and make all need- 
ful Rules and Regulations respecting the Territory or other Prop- 
erty belonging to the United States; and nothing in this 
Constitution shall be so construed as to Prejudice any Claims of 
the United States, or any particular State. 

Sec. 4. The United States shall guarantee to every State in 
this Union a Republican Form of Government, and shall protect 
each of them against Invasion; and on Application of the Legis- 
lature, or of the Executive (when the Legislature cannot be con- 
vened) against domestic Violence. 

article v 

The Congress, whenever two-thirds of both Houses shall deem it 
necessary, shall propose Amendments to this Constitution, or, on 
the Application of the Legislatures of two-thirds of the several 
States, shall call a Convention for proposing Amendments, which 
in either Case, shall be valid to all Intents and Purposes as part 
of this Constitution, when ratified by the Legislatures of three- 



1:32 Constitutions 

fourths of the several States, or by Conventions in three-fourths 
thereof, as the one or the other Mode of Ratification may be pro- 
posed by the Congress; Provided that no Amendment which may 
be made prior to the Year One thousand eight hundred and eight 
shall in any Manner affect the first and fourth Clauses in the 
Ninth Section of the first Article; and that no State, without its 
Consent, shall be deprived of its equal Suffrage in the Senate. 

ARTICLE VI 

All Debts contracted and Engagements entered into, before the 
Adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

This Constitution, and the Laws of the United States which shall 
be made in Pursuance thereof; and all Treaties made, or which 
shall be made, under the Authority of the United States, shall be 
the supreme Law of the Land; and the Judges in every State shall 
be bound thereby, any Thing in the Constitution or Laws of any 
State to the Contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
Members of the several State Legislatures, and all executive and 
judicial Officers, both of the United States and of the several 
States, shall be bound by Oath or Affirmation, to support this Con- 
stitution; but no religious Test shall ever be required as a Qualifi- 
cation to any Office or public Trust under the United States. 

ARTICLE VII 

The Ratification of the Conventions of nine States shall be suf- 
ficient for the Establishment of this Constitution between the 

States so ratifying the Same. 

« 

THE AMENDMENTS 
I 

Congress shall make no law respecting an establishment of re- 
ligion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech, or of the press; or the right of the people peace- 
ably to assemble, and to petition the Government for redress of 
grievances. 



Constitution op The United States 433 



ii 



A well-regulated Militia, being necessary to the security of a 
free State, the right of the people to keep and bear Arms, shall 
not be infringed. 



ill 

No Soldier shall, in time of peace, be quarterd in any house, with- 
out the consent of the Owner, nor in time of war, but in a manner 
to be prescribed by law. 

IV 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no Warrants shall issue, but upon prob- 
able cause, supported by Oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to 
be seized. 



No person shall be held to answer for a capital, or otherwise in- 
famous crime, unless on a presentment or indictment of a Grand 
Jury, except in cases arising in the land or naval forces, or in the 
Militia, when in actual service in time of War or public danger; 
nor shall any person be subject for the same offence to be twice put 
in jeopardy of life or limb; nor shall be compelled in any Criminal 
Case to be witness against himself, nor be deprived of life, liberty, 
or property, without due process of law; nor shall private property 
be taken for public use, without just compensation. 

VI 

In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, and to be in- 
formed of the nature and cause of the accusation; to be confronted 
with the witnesses against him; to have compulsoi*y process for 
obtaining Witnesses in his favor, and to have the Assistance of 
Counsel for his defence. 



434 Constitutions 

vii 

In suits at common law, where the value in controversy shall ex- 
ceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
Court of the United States, than according to the rules of the 
common law. 

VIII 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

IX 

The enumeration in the Constitution, of certain rights, shall not 
be construed to deny or disparage others retained by the people. 



The powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. 

XI 

The Judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by Citizens of another State, or 
by Citizens or Subjects of any Foreign State. 

XII 

The Electors shall meet in their respective States and vote by 
ballot for President and Vice President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; they 
shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice President, and they 
shall make distinct lists of all persons voted for as President, and 
of all persons voted for as Vice President, and of the number of 
votes for each, which lists they shall sign and certify, and trans- 
mit sealed to the seat of the government of the United States, 
directed to the President of the Senate; — The President of the 



Constitution of The United States 435 

Senate shall, in the presence of the Senate and House of Repre- 
sentatives, open all the certificates; and the votes shall then be 
counted; — The person having the greatest number of votes for 
President shall be the President, if such number be a majority of 
the whole number of Electors appointed; and if no person have 
such majority, then from the persons having the highest numbers • 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the vote shall be taken 
by States, the representation from each State having one vote; a 
quorum for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House of Representatives shall 
not choose a President whenever the right of choice shall devolve 
upon them, before the fourth day of March next following, then . 
the Vice President shall act as President, as in the case of the 
death or other constitutional disability of the President. The per- 
son having the greatest number of votes as Vice President shall be 
Vice President, if such number be a majority of the whole number 
of Electors appointed, and if no person have a majority, then from 
the two highest numbers on the list, the Senate shall choose the 
Vice President; a quorum for the purpose shall consist of two- 
thirds of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. But no person con- 
stitutionally ineligible to the office of President shall be eligible to 
that of Vice President of the United States. 

XIII 

Section 1. Neither slavery nor involuntary servitude, except as 
a punishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States, or any place subject 
to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article by ap- 
propriate legislation. 

XIV ' 

Section 1. All persons born or natui*alized in the United 
States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State shall 



436 Constitutions 

make or enforce any law which shall abridge the privileges or 
immunities of citizens of the United States, nor shall any State de- 
prive any person of life, liberty, or property, without due process 
of law; nor deny to any person within its jurisdiction the equal 
protection of the laws. 

Sec. 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. 
But when the right to vote at any election for the choice of electors 
for President and Vice President of the United States, Represent- 
atives in Congress, the Executive and Judicial officers of a State, 
or the members of the Legislature thereof, is denied to any of the 
male inhabitants of such State, being twenty-one years of age, and 
citizens of the United States, or in any way abridged except for 
participation in rebellion, or other crime, the basis of representa- 
tion therein shall be reduced in the proportion which the number 
of such male citizens shall bear to the whole number of male citi- 
zens twenty-one years of age in such State. 

Sec. 3. No person shall be a Senator or Representative in Con- 
gress, or elector of President and Vice President, or hold any office, 
civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, 
or as an officer of the United States, or as a member of any State 
Legislature, or as an executive or judicial officer of any State, to 
support the Constitution of the United States, shall have engaged 
in insurrection or rebellion against the same, or given aid or com- 
fort to the enemies thereof. But Congress may by a vote of two- 
thirds of each House, remove such disability. 

Sec. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in supressing insurrection or re- 
bellion, shall not be questioned. But neither the United States nor 
any State shall assume or pay any debt or obligation incurred in 
aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave; but all such debts, 
obligations and claims shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by ap- 
propriate legislation, the provisions of this article. 



Constitution of The United States 437 

xv 

Section 1. The right of the citizens of the United States to 
vote shall not be denied or abridged by the United States or by 
any State on account of race, color, or previous condition of 
servitude. 

Sec. 2. The Congress shall have power to enforce this article 
by appropriate legislation. 

XVI 

The Congress shall have power to lay and collect taxes on in- 
comes, from whatever source derived, without apportionment 
among the several States, and without regard to any census or 
enumeration. 

XVII 

Section 1. The Senate of the United States shall be composed 
of two Senators from each State, elected by the people thereof, for 
six years; and each Senator shall have one vote. The electors in 
each State shall have the qualifications requisite for electors, of the 
most numerous branch of the State legislatures. 

Sec. 2. When vacancies happen in the representation of any 
State in the Senate, the executive authority of such State shall 
issue writs of election to fill such vacancies: Provided, That the 
legislature of any State may empower the executive thereof to 
make temporary appointment until the people fill the vacancies by 
election as the legislature may direct. 

SEC. 3. This amendment shall not be so construed as to affect 
the election or term of any Senator chosen before it becomes valid 
as part of the Constitution. 

XVIII 

Section 1. After one year from the ratification of this article 
the manufacture, sale, or transportation of intoxicating liquors 
within, the importation thereof into, the exportation thereof from 
the United States and all territory subject to the jurisdiction 
thereof, for beverage purposes is hereby prohibited. 

Sec. 2. The Congress and the several States shall have con- 
current power to enforce this article by appropriate legislation. 



438 Constitutions 

xix 

Section 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any 
State on account of sex. 

Sec. 2. Congress shall have power by appropriate legislation, 
to enforce the provisions of this article. 

RATIFICATION OF THE CONSTITUTION 

The Constitution was ratified by the thirteen original States in 
the following order: 

Delaware, December 7, 1787; Pennsylvania, December 12, 1787; 
New Jersey, December 18, 1787; Georgia, January 2, 1788; Con- 
necticut, January 9, 1788; Massachusetts, February 6, 1788; Mary- 
land, April 28, 1788; South Carolina, May 23, 1788; New Hamp- 
shire, June 21, 1788; Virginia, June 25, 1788; New York, July 26, 
1788; North Carolina, November 21, 1789; Rhode Island, May 29, 
1790. 

RATIFICATION OF THE AMENDMENTS 

The First to Tenth, inclusive, were declared in force December 
15, 1791; the Eleventh, January 8, 1798; the Twelfth, September 
25, 1804; the Thirteenth was proclaimed December 18, 1865; the 
Fourteenth, July 28, 1868; the Fifteenth, March 30, 1870; the Six- 
teenth, February 25, 1913; the Seventeenth, May 31, 1913; the 
Eighteenth, January 29, 1919; the Nineteenth, August 26, 1920. 



CONSTITUTION OF THE STATE OF NORTH CAROLINA 

Adopted April 24, 1868, With Amendments to 1927 

(See Freeman v. Lide, 176-434.) 

PREAMBLE 

We, the people of the State of North Carolina, grateful to Al- 
mighty God, the Sovereign Ruler of nations, for the preservation 
of the American Union and the existence of our civil, political and 
religious liberties, and acknowledging our dependence upon Him 



Constitution of The State of North Carolina 439 

for the continuance of those blessings to us and our posterity, do, 
for the more certain security thereof, and for the better govern- 
ment of this State, ordain and establish this Constitution. 

Const. 1868. 

ARTICLE I 
declaration of rights 

That the great, general and essential principles of liberty and 
free government may be recognized and established, and that the 
relations of this State to the Union and Government of the United 
States, and those of the people of this State to the rest of the 
American people may be denned and affirmed, we do declare : 

Const. 1868. 

Section 1. The equality and rights of men. That we hold it to 
be self-evident that all men are created equal; that they are en- 
dowed by their Creator with certain unalienable rights; that among 
these are life, liberty, the enjoyment of the fruits of their own 
labor, and the pursuit of happiness. 

Const. 1868; Decl. Independence. 

State v. Hay, 126-1006; State v. Hill, 126-139. 

Sec. 2. Political power and government. That all political 
power is vested in, and derived from, the people; all government of 
right originates from the people, is founded upon their will only, 
and is instituted solely for the good of the whole. 



/ 



Const. 1868; Const. 1776, Decl. Rights, s. 1. 

Quinn v. Lattimore, 120-428; Nichols v. McKee, 68-430. 



Sec. 3. Internal government of the State. That the people of 
this State have the inherent, sole and exclusive right of regulating 
the internal government and police thereof, and of altering and 
abolishing their Constitution and form of government whenever it 
may be necessary for their safety and happiness; but every such 
right should be exercised in pursuance of the law, and consistently 
with the Constitution of the United States. 

Const. 1868; Const. 1776, Decl. Rights, s. 2. 

State v. Railway, 145-496; State v. Herring, 145-418; State v. Hicks, 143- 
689; State v. Lewis, 142-626; Durham v. Cotton Mills, 141-616; State v. 
Sutton, 139-574; State v. Holoman, 139-642; State v. Patterson, 134-612; 
State v. Gallop, 126-979; Humphrey v. Church, 109-132; Winslow v. Winslow, 
95-24. 

Sec. 4. That there is no right to secede. That this State shall 
ever remain a member of the American Union; that the people 



4^0 Constitutions 

thereof are part of the American nation; that there is no right 
on the part of the State to secede, and that all attempts, from what- 
ever source or upon whatever pretext, to dissolve said Union, or 
to sever said nation, ought to be resisted with the whole power of 
the State. 

Const. 1868. 

Sec. 5. Of allegiance to the United States Government. That 
every citizen of this State owes paramount allegiance to the Con- 
stitution and Government of the United States, and that no law 
or ordinance of the State in contravention or subversion thereof 
can have any binding force. 

Const. 1868. 

Sec. 6. Public debt; bonds issued under ordinance of Conven- 
tion of 1868, 68-69, 69-70, declared invalid; exception. The State 
shall never assume or pay, or authorize the collection of any debt 
or obligation, express or implied, incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or 
emancipation of any slave; nor shall the General Assembly assume 
or pay, or authorize the collection of any tax to pay, either directly 
or indirectly, expressed or implied, any debt or bond incurred, or 
issued, by authority of the Convention of the year one thousand 
eight hundred and sixty-eight, nor any debt or bond incurred or 
issued by the Legislature of the year one thousand eight hundred 
and sixty-eight, either at its special session of the year one thou- 
sand eight hundred and sixty-eight or at its regular sessions of 
the years one thousand eight hundred and sixty-eight and one 
thousand eight hundred and sixty-nine, and one thousand eight 
hundred and seventy except the bonds issued to fund the interest on 
the old debt of the State, unless the proposing to pay the same shall 
have first been submitted to the people and by them ratified by the 
vote of a majority of all the qualified voters of the State, at a 
regular election held for that purpose. 1 

1 In the Constitution of 1868, this section read as follows: 

"Sec. 6. To maintain the honor and good faith of the State untarnished, 
the public debt, regularly contracted before and since the Rebellion, shall be 
regarded as inviolable and never be questioned; but the State shall never 
assume or pay, or authorize the collection of, any debt or obligation, expressed 
or implied, incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave." 

In pursuance of Ch. 85, Public Laws of 1872-73, this section was amended 
by striking out the first clause down to and including the word "but." 

The clause beginning with "nor" and ending with "purpose" was added in 
pursuance of Ch. 268, Public Laws of 1879. 



Constitution of The State of North Carolina 441 

Const. 1868; 1872-3, c. 85; 1879, c. 268. 

Const. 1, s. 6 — Annot. 

Comrs. v. Snuggs, 121-409; Baltzer v. State, 104-265; Home v. State, 84- 
362; Brickell v. Comrs., 81-240; Davis v. Comrs. 72-441; Lance v. Hunter 72- 
178; Logan v. Plummer, 70-388; Rand v. State, 65-197; R. R. v. Holden, 63- 
414; Galloway v. Jenkins, 63-152. 
/-Const. 1, s. 7. 

Sec. 7. Exclusive emoluments, etc. No man or set of men are 
entitled to exclusive or separate emoluments or privileges from the 
community but in consideration of public services. 

Const. 1868; Const. 1776, Decl. Rights, s. 3. 

Power Co. v. Power Co., 175-668, 171-248; Reid v. R. R., 162-355; State v. 
Perry, 151-661; St. George v. Hardie, 147-88; State v. Cantwell, 142-604; In re 
Spease Ferry, 138-219; Bray v. Williams, 137-391; Mial v. Ellington, 134-131; 
Ewbank v. Turner, 134-82; State v. Biggs, 133-729; Jones v. Comrs., 130-451; 
Hancock v. R. R., 124-255; Motley v. Warehouse Co., 122-350, 124-232; State 
v. Call, 121-645; Broadfoot v. Fayetteville, 121-418; Rowland v. Loan Assn.. 
116-879; R. R. Comrs. v. Tel. Co., 113-213; State v. Van Doran, 109-864; State 
v. Stovall, 103-416; Gregory v. Forbes, 96-77; Bridge Co. v. Comrs., 81-491; 
State v. Morris, 77-512; Simonton v. Lanier, 71-503; Barrington v. Ferry Co., 
69-165; Kingsbury v. R. R., 66-284; Long v. Beard, 7-57; Bank v. Taylor, 
6-266. 

Sec. 8. The legislative, executive and judicial powers distinct. 
The legislative, executive and supreme judicial powers of the 
government ought to be forever separate and distinct from each 
other. 

Const. 1868: Const. 1776, Decl. Rights, s. 4. 

Lee v. Beard, 146-361; State v. Turner, 143-641; White v. Auditor, 126-605: 
Bird v. Gilliam, 125-79; Wilson v. Jordan, 124-705; Miller v. Alexander, 122- 
718; Garner v. Worth, 122-257: Caldwell v. Wilson, 121-476; Carr v. Coke, 
116-236; Goodwin v. Fertilizer Works, 119-120; In re Sultan, 115-62; Hern- 
don v. Ins. Co., 111-386; Horton v. Green, 104-401; Rencher v. Anderson, 
93-105; Burton v. Spiers, 92-503; In re Oldham, 89-23; Brown v. Turner, 
70-93; Railroad v. Jenkins, 68-503; Barnes v. Barnes, 53-372; Houston v. 
Bogle, 32-504; Hoke v. Henderson, 15-1; Robinson v. Barfield, 6-391. 

Sec. 9. Of the power of suspending laws. All power of sus- 
pending laws, or the execution of laws, by any authority, without 
the consent of the representatives of the people, is injurious to 
their rights and ought not to be exercised. 

Const. 1868; Const. 1776, Decl. Rights, s. 5. 

Jones v. Comrs., 130-470; Abbott v. Beddingfleld, 125-268 (dissenting opin- 
ion) ; White v. Auditor, 126-605. 

Sec 10. Elections free. All elections ought to be free. 

Const. 1868; Const. 1776, Decl. Rights, s. 6. 

Sec. 11. In criminal prosecutions. In all criminal prosecutions 
every man has the right to be informed of the accusation against 
him and to confront the accusers and witnesses with other testi- 
mony, and to have counsel for his defense, and not be compelled 



442 Constitutions 

to give evidence against himself, or to pay costs, jail fees, or nec- 
essary witness fees of the defense, unless found guilty, 

Const. 1868; Const. 1776, Decl. Rights, s. 7 

State v Neville, 175-731 ; State v. Fowler, 172-905; State v. Cherry, 154-624 
State v. Dry, 152-813; State v. Whedbee, 152-770; State v. Leeper, 146-655 
Mate v. Cline, 146-640; State v. Railway, 145-495; State v. Dowdy, 145-433 
State v. Harris, 145-456; State v. Hodge, 142-683; State v. Cole. 132-1073- In 

l e ?™>h 8, ii« iU : n h ,! ek V ™ Sail 2.' 127 " 266 ; sta * e v - Mitchell, 119-785; Smith 
v Smith 116-386; Holt v. Warehouse Co., 116-488; State v. Shade, 115-759" 
State v. Massey, 104-880; State v. Cannady, 78-540; State v. Morris, 84-756 
State v. Hodson, 74-153; State v. Collins, 70-247; State v. Alman, 64-366 
State v. Thomas, 64-76; State v. Tilghman, 33-513. 

Sec 12. Answers to criminal charges. No person shall be put 
to answer any criminal charge, except as hereinafter allowed, but 
by indictment, presentment or impeachment. 

Const. 1868; Const. 1776, Decl. Rights, s. 8. 

State v Newell, 172-933; State v. Hyman, 164-411; State v. Harris, 145-456 
Ex parte McCown. 139-95; State v. Lytle, 138-742; State v. Hunter, 106-800 
State v. Dunn, 95-699; State v. Powell, 86-642; State v. Moore, 104-750 
State v. Cannady, 78-540; Kane v. Haywood, 66-31; State v. Simons, 68-379 
State v. Moss, 47-68. 

Sec. 13. Right of jury. No person shall be convicted of any 
crime but by the unanimous verdict of a jury of good and lawful 
men in open court. The Legislature may, however, provide other 
means of trial for petty misdemeanors, with the right of appeal. 

Const. 1868; Const. 1776, Decl. Rights, s. 9. 

Jones v. Brinkley, 174-23; State v. Newell, 172-933; State v. Hyman, 164- 
411; State v. Rogers, 162-656; State v. Brittain, 143-668; Ex parte McCown, 
139-95; State v. Lytle, 138-742; State v. Thornton. 136-616; Ha'-srett v. Bell, 
134-396; Smith v. Paul, 133-68; State v. Ostwalt, 118-1211; State v. Gadberry, 
117-818; State v. Whitaker, 114-819; State v. Best, 111-646; State v. Cutshall, 
110-543; State v. Hunter, 106-800; State v. Dunn, 95-698; State v. Powell, 
97-417; State v. Divine, 98-781; State v. Powell, 86-642; State v. Dudley, 
83-661; State v. Cannady, 78-541; State v. Dixon, 75-275; Barnes v. Barnes, 
53-366; State v. Moss, 47-68. 

Sec. 14. Excessive bail. Excessive bail should not be required, 
nor excessive fines imposed, nor cruel or unusual punishment in- 
flicted. 

Const. 1868; Const. 1776, Decl. Rights, s. 10. See English Bill of Rights 
(1689), c. 1, s. 10. 

State v. Smith, 174-804; State v. Woodlief, 172-885; State v. Blake, 157-608; 
State v. Lance, 149-551; State v. Farrington, 141-844; State v. Hanby, 126- 
1066; Bryan v. Patrick, 124-661; State v. Ballard, 122-1025; State v. Apple, 
121-585; State v. Reid, 106-716; State v. Pettie, 80-369; State v. Cannady, 
78-543; State v. Driver, 78-423; State v. Reid, 18-377. 

Sec 15. General warrants. General warrants, whereby any 
officer or messenger may be commanded to search suspected places, 
without evidence of the act committed, or to seize any person or 
persons not named, whose offense is not particularly described and 



Constitution op The State op North Carolina 443 

supported by evidence, are dangerous to liberty and ought not to be 
granted. 

Const. 1868; Const. 1776, Decl. Rights, s. 11. 
Brewer v. Wynne, 163-319; State v. Fowler, 172-905. 

Sec. 16. Imprisonment for debt. There shall be no imprison- 
ment for debt in this State, except in cases of fraud. 

Const. 1868; Const. 1776, Decl. Rights, s. 39. 

State v. Williams, 150-802; Ledford v. Emerson, 143-527; State v. Morgan, 
141-726; State v. Torrenee, 127-550; Stewart v. Bryan, 121-49; Lockhart, v. 
Bear, 117-301; Preiss v. Cohen, 117-59; Fertilizer Co. v. Grubbs, 114-471; 
Burgwyn v. Hall, 108-490; State v. Earnhardt, 107-789; State v. Norman, 
110-489; Winslow v. Winslow, 95-24; Kiney v. Lougenour, 97-325; Long v. 
McLean, 88-3; State v. Beasley, 75-212; Melvin v. Melvin, 72-384; Daniel v. 
Owen, 72-340; State v. Davis, 82-610; State v. Wallin, 89-578; State v. Can- 
nady, 78-539; Pain v. Pain, 80-322; Moore v. Mullen, 77-327; Moore v. Green, 
73-394; State v. Green, 71-173; State v. Palin, 63-471; Bunting v. Wright, 
61-295; Burton v. Dickens, 7-103. 

Sec. 17. No person taken, etc., but by law of land. No person 
ought to be taken, imprisoned, or disseized of his freehold, liber- 
ties or privileges, or outlawed or exiled, or in any manner deprived 
of his life, liberty or property, but by the law of the land. 

Const. 1868; Const. 1776, Decl. Rights, s. 12; Mag. Charta, (1215) c. 39, 
(1225), c. 29. 

Bradshaw v. Lumber Co., 179-501; State v. Kirkpatrick, 179-747; Parker v. 
Comrs., 178-92; Comrs. v. Boring, 175-105; Comrs. v. State Treasurer, 174-141; 
Lang v. Development Co., 169-662; State v. Collins, 169-323; State v. Bullock, 
161-223; Dalton v. Brown, 159-175; Lawrence v. Hardy, 151-123; Starnes v. 
Mfg. Co., 147-556; Caldwell Land, etc., Co. v. Smith, 146-199; State v. Wil- 
liams, 146-618; Dewey v. R. R., 142-392; Anderson v. Wilkins. 142-154; State 
v. Morgan, 141-726; Daniels v. Home, 139-237; State v. Jones, 139-613; Cozard 
v. Hardware Co., 139-296; Porter v. Armstrong, 139-179; Ex parte McCown, 
139-95; Mial v. Ellington, 134-172; Lumber Co. v. Lumber Co., 135-742; 
Parish v. Cedar Co., 133-478; Jones v. Comrs., 130-461; Dyer v. Ellington, 
126-941; State v. Hill, 126-1139; Herring v. Pugh, 126-852; Hutton v. Webb, 
124-479, 126-897; Southport v. Stanly, 125-464; Hogan v. Brown, 125-251; 
Morris v. House, 125-559; Day's Case, 124-362; Caldwell v. Wilson. 121-477; 
Wood v. Bellamy, 120-212; Hilliard v. Asheville, 118-845; Call v. Wilkesboro, 
115-337; State v. Warren, 113-683; Lance v. Harris, 112-480: Williams v. 
Johnson, 112-435; Bass v. Navigation Co.. 111-439; Staton v. R. R., 111-278; 
State v. Cutshall, 11Q-543; State v. Hunter, 106-800; Moose v. Carson, 104- 
431; London v. Headen, 76-72; Rhea v. Hampton, 101-53; State v. Wilson, 
107-865; Woodard v. Blue, 103-109; Railroad v. Ely, 95-77: Winslow v. 
Winslow, 95-24; Worth v. Cox, 89-44; Whitehead v. Latham, 83-232; Vann v. 
Pipkin, 77-410; State v. Morris, 77-512; Whitehead v. R. R., 87-255; Bridge 
Co. v. Comrs., 81-491; Pool v. Trexler, 76-297: Privett v. Whitaker, 73-554; 
State v. Dixon, 75-275; Wilson v. Charlotte. 74-756; State v. Mooney, 74-100; 
Brown v. Turner, 70-93; King v. Hunter, 65-603; Bank v. Jenkins, 64-719; 
Norfleet v. Cromwell, 70-634; Johnson v. Rankin, 70-550; Franklin v. Vannoy, 
66-151; Sedberry v. Comrs., 66-486; Miller v. Gibbon, 63-635: Schenck Ex 
parte, 65-353; Koonce v. Wallace, 52-194; Barnes v. Barnes, 53-372; Cotten v. 
Ellis, 52-545; Cornelius v. Glen, 52-512; State v. Glen, 52-321; Stanmire v. 
Taylor, 48-207; State v. Matthews, 48-452; McNamara v. Kearns, 24-66; 
Houston v. Bogle, 32-496; State v. Allen, 23-183; Mills v. Williams, 33-558; 
State v. Johnson, 33-647; R. R. v. Davis, 19-451; Hoke v. Henderson, 15-1; 
Pipkin v. Wynne, 13-402; Hamilton v. Adams, 6-161; Oats v. Darden, 5-500; 
University v. Foy, 5-58, 3-310. 

See, also, section 19 of this article. 



444 Constitutions 

Sec. 18. Persons restrained of liberty. Every person restrained 
of his liberty is entitled to a remedy to inquire into the lawfulness 
thereof, and to remove the same, if unlawful; and such remedy 
ought not to be denied or delayed. 

Const. 1868; Const. 1776, Decl. Rights, s. 13. 

Harkins v. Cathey, 119-663; State v. Herndon, 107-935; In re Schenck, 
74-607. 

SEC. 19. Controversies at law respecting property. In all con- 
troversies at law respecting property, the ancient mode of trial 
by jury is one of the best securities of the rights of the people, and 
ought to remain sacred and inviolable. 

Const. 1868; Const. 1776, Decl. Rights, s. 14. 

In re Stone. 176-336; Crews v. Crews, 175-168; Walls v. Strickland, 174-298 
Silvey v. R. R., 172-110; State v. Rogers, 162-656; Williams v. R. R., 140-623 
Kearns v. R. R., 139-482; Smith v. Paul, 133-66; Boutten v. R. R., 128-340 
Caldwell v. Wilson, 121-465; Wilson v. Featherstone, 120-447; Harkins v. 
Cathey, 119-662; State v. Mitchell, 119-786; Driller Co. v. Worth, 117-517; Mc- 
Queen v. Bank, 111-515; Smith v. Hicks, 108-248; Lassiter v. Upchurch, 107- 
411; Railroad v. Parker, 105-246; Stevenson v. Felton, 99-58; Harris v. 
Shaffer, 92-30; Grant v. Hughes, 96-177; Pasour v. Lineberger, 90-159; 
Worthy v. Shields, 90-192; Wessel v. Rathjohn, 89-377; Grant v. Reese, 82-72; 
Chasteen v. Martin, 81-51; Overby v. Association, 81-62; Bernheim v. War- 
ing, 79-56; Atkinson v. Whithead, 77-418; Perry v. Tupper, 77-413; Womble 
v. Fraps, 77-198; Wilson v. Charlotte, 74-756; Armfield v. Brown, 73-81; Lip- 
pard v. Troutman, 72-551; Isler v. Murphy, 71-436; Witkowsky v. Wasson, 
71-460; Pearson v. Caldwell, 70-291; Armfield v. Brown, 70-27; Green v. 
Castlebury, 70-20; Maxwell v. Maxwell, 70-267; Klutts v. Mackenzie, 65-102; 
Andrews v. Pritchett, 66-387; White v. White, 15-257; Smith v. Campbell, 
10-590; Bayard v. Singleton, 1-5. 

Sec. 20. Freedom of the press. The freedom of the press is one 
of the great bulwarks of liberty, and therefore ought never to be 
restrained, but every individual shall be held responsible for the 
abuse of the same. 

Const. 1868; Const. 1776, Decl. Rights, s. 15. 

Osborn v. Leach, 135-628; Cowan v. Fairbrother, 118-406. 

Sec. 21. Habeas corpus. The privileges of the writ of habeas 
corpus shall not be suspended. 

Const. 1868. 

Ex parte Moore, 64-802. 

Sec. 22. Property qualification. As political rights and privi- 
leges are not dependent upon, or modified by property, therefore 
no property qualification ought to affect the right to vote or hold 
office. 

Const. 1868. 

Wilson v. Charlotte, 74-756. 

Sec 23. Representation and taxation. The people of the State 
ought not to be taxed or made subject to the payment of any im- 



Constitution op The State of North Carolina 445 

post or duty, without the consent of themselves, or their represen- 
tatives in General Assembly, freely given. 

Const. 1868; Const. 1776, Decl. Rights, s. 16. 

State v. Wheeler, 141-773; Winston v. Taylor, 99-210; Moore v. Fayette- 
ville, 80-154; Worth v. Comrs., 60-617. 

Sec 24. Militia and right to bear arms. A well-regulated 
militia being necessary to the security of a free state, the right 
of the people to keep and bear arms shall not be infringed; and, 
as standing armies in time of peace are dangerous to liberty, they 
ought not to be kept up, and the military should be kept under 
strict subordination to, and governed by, the civil power. Nothing 
herein contained shall justify the practice of carrying concealed 
weapons, or prevent the Legislature from enacting penal statutes 
against said practice. 1 

Const. 1868; Const. 1776, Decl. Rights, s. 17; Convention 1875. 
State v. Barrett, 138-687; State v. Boone, 132-1107; State v. Reams, 121- 
556; State v. Speller, 86-697. 

Sec. 25. Right of the people to assemble together. The people 
have a right to assemble together to consult for their common good, 
to instruct their representatives, and to apply to the Legislature 
for redress or grievances. But secret political societies are dan- 
gerous to the liberties of a free people and should not be tolerated." 

Const. 1868; Const. 1776, Decl. Rights, s. 18. , Convention 1875. 

SEC. 26. Religious liberty. All men have a natural and un- 
alienable right to worship Almighty God according to the dictates 
of their own consciences, and no human authority should, in any 
case whatever, control or interfere with the rights of conscience. 

Const. 1868; Const. 1776, Decl. Rights, s. 19. 

Rodman v. Robinson, 134-503; Lord v. Hardie, 82-241; Melvin v. Easley, 
52-356. 

Sec. 27. Education. The people have the right to the privilege 
of education, and it is the duty of the State to guard and maintain 
that right. 

Const. 1868. 

Collie v. Comrs., 145-170, overruling Barksdale v. Comrs., 93-483; Lowery 
v. School Trustees, 140-33; Bear v. Comrs., 124-212. 

Sec. 28. Elections should be frequent. For redress of griev- 
ances, and for amending and strengthening the laws, elections 
should be often held. 

Const. 1868; Const. 1776, Decl. Rights, s. 20. 



1 The last sentence of Sec. 24 was added by the Convention of 1875. 
-The last sentence of Sec. 25 was added by the Convention of 1875. 



446 Constitutions 

Sec. 29. Recurrence to fundamental principles. A frequent re- 
currence to fundamental principles is absolutely necessary to pre- 
serve the blessings of liberty. 

Const. 1868; Const. 1776, Decl. Rights, s. 21. 

Sec. 30. Hereditary emoluments, etc. No hereditary emolu- 
ments, privileges, or honors ought to be granted or conferred in 
this State. 

Const. 1868; Const. 1776, Decl. Rights, s. 22. 

State v. Cantwell, 142-614; Bryan v. Patrick, 124-661; Bridge Co. v. Comrs., 
81-504. 

Sec. 31. Perpetuities, etc. Perpetuities and monopolies are con- 
trary to the genius of a free state, and ought not to be allowed. 

Const. 1868; Const. 1776, Decl. Rights, s. 23. 

State v. Kirkpatrick, 179-747; Allen v. Reidsville, 178-513; State v. Perry, 
151-661; St. George v. Hardie, 147-8S ; State v. Cantwell, 142-614; In re 
Spease Ferry, 138-259; State v. Biggs, 133-729; Robinson v. Lamb, 126-492; 
Garsed v. Greensboro, 126-160; Bennett v. Comrs., 125-468; Bryan v. Patrick, 
124-661; Guy v. Ccmrs., 122-471; Thrift v. Elizabeth City, 122-31; Railway v. 
Railway, 114-725; State v. Moore, 104-718; Hughes v. Hodges, 102-236; 
Bridge Co. v. Comrs., 81-504; Railroad v. Reid, 64-155; Simonton v. Lanier, 
71-503; State v. McGowen, 37-9; State v. Gerrard, 37-210; Griffin v. Graham, 
8-96; Bank v. Taylor, 6-266. 

Sec. 32. Ex post facto laws. Retrospective laws, punishing 
acts committed before the existence of such laws, and by them only 
declared criminal, are oppressive, unjust and incompatible with 
liberty; wherefore no ex post facto law ought to be made. No law 
taxing retrospectively sales, purchases, or other acts previously 
done ought to be passed. 

Const. 1868; Const. 1776, Decl. Rights, s. 24. 

State v. Broadway, 157-598; Penland v. Barnard, 146-378; Anderson v. 
Wilkins, 142-154; Robinson v. Lamb, 129-16; City of Wilmington v. Cronly, 
122-383; Culbreth v. Downing, 121-205; Morrison v. McDonald, 113-327; Kelly 
v. Fleming, 113-133; Lowe v. Harris, 112-472; State v. Ramsour, 113-642; Gil- 
christ v. Middeton, 108-705; Leak v. Gay, 107-468; Williams v. Weaver, 94- 
134; State v. Littlefield, 93-614; Burton v. Speers and Clark, 92-503; King v. 
Foscue, 91-116; Strickland v. Draughan, 91-103; Wilkerson v. Buchanan, 
83-296; Whitehead v. Latham, 83-232; Tabor v. Ward, 83-291; Pearsall v. 
Kenan, 79-472; Lilly v. Purcell, 78-82; Young v. Henderson, 76-420; Libbett 
v. Maultsby, 71-345; Etheridge v. Vernoy, 71-184; Franklin v. Vannoy, 66- 
145; Johnson v. Winslow, 64-27; Jacobs v. Smallwood, 63-112; State v. Keith, 
63-144; Robeson v. Brown, 63-554; State v. Bell, 61-76; Hinton v. Hinton, 
61-410; Cooke v. Cooke, 61-583; Parker v. Shannonhouse, 61-209; Barnes v. 
Barnes, 53-366; State v. Bond, 49-9; Phillips v. Cameron, 48-391; Salter v. 
Bryan, 26-494; Taylor v. Harrison, 13-374; Oats v. Darden, 5-500. 

Sec. 33. Slavery prohibited. Slavery and involuntary servi- 
tude, otherwise than for crime, whereof the parties shall have been 
duly convicted, shall be, and are hereby, forever prohibited within 
the State. 

Const. 1868. 

State v. Hairston, 63-451. 



Constitution of The State op North Carolina 447 

Sec. 34. State boundaries. -The limits and boundaries of the 
State shall be and remain as they now are. 

Const. 1868; Const. 1776, Decl. Rights, s. 25. 

Sec. 35. Courts shall be open. All courts shall be open; and 
every person for an injury done him in lands, goods, person, or 
reputation, shall have remedy by due course of law, and right and 
justice administered without sale, denial or delay. 

Const. 1868. 

Osborn v. Leach, 135-628; Jones v. Comrs., 130-461; Driller Co. v. Worth. 
118-746; Dunn v. Underwood, 116-526; Hewlett v. Nutt, 79-263. 

Sec. 36. Soldiers in time of peace. No soldier shall in time of 
peace be quartered in any house without the consent of the owner; 
nor in time of war but in a manner prescribed by law. 

Const. 1868. 

Sec. 37. Other rights of the people. This enumeration of rights 
shall not be construed to impair or deny others retained by the 
people; and all powers not herein delegated remain with the 
people. 

Const. 1868. 

State v. Williams, 146-618; Daniels v. Homer, 139-237; Thrift v. Elizabeth 
City, 122-38; Railroad v. Holden, 68-410; Nichols v. McKee, 68-430; State v. 
Keith, 63-144; Railroad v. Reid, 64-155. 

ARTICLE II 

LEGISLATIVE department 

Section 1. Two branches. The legislative authority shall be 
vested in two distinct branches, both dependent on the people, to 
wit: a Senate and House of Representatives. 

Const. 1868; Const. 1776, s. 1. 

Wilson v. Jordan, 124-719; Comrs. v. Call, 123-323. 

V Sec. 2. Time of assembly. The Senate and House of Represen- 
tatives shall meet biennially on the first Wednesday after the 
first Monday in January next after their election; and when as- 
sembled shall be denominated the General Assembly. Neither 
House shall proceed upon public business unless a majority of all 
the members are actually present. 1 



1 In the Constitution of 1868, the first clause of this section read as follows: 
"The Senate and House of Representatives shall meet annually on the third 
Monday in November, and when assembled shall be denominated the General 
Assembly." 

The word "annually" was changed to "biennially" in pursuance of Ch. 82, 
Public Laws of 1872-73. 

The Convention of 1875 changed the time of meeting to "the first Wednes- 
day after the first Monday in January next after their election." 



448 Constitutions 

Const. 1868; P. L. 1872-3, c. 82; Convention 1875; Const. 1776, ss. 4, 46; 
Convention 1885, art. 1, s. 4, cl. 7. 
Herring v. Pugh, 126-862. 

Sec 3. Number of senators. The Senate shall be composed of 
fifty Senators, biennially chosen by ballot. 

Const. 1868; Convention 1835, art. 1, s. 1, cl. 1. 

Sec. 4. Regulations in relation to districting the State for sen- 
ators. The Senate districts shall be so altered by the General As- 
sembly, at the first session after the return of every enumeration 
by order of Congress, that each Senate district shall contain, as 
near as may be, an equal number of inhabitants, excluding aliens 
and Indians not taxed, and shall remain unaltered until the return 
of another enumeration, and shall at all times consist of contiguous 
territory; and no county shall be divided in the formation of a 
Senate district, unless such county shall be equitably entitled to 
two or more senators. 1 

Const. 1868; P. L. 1S72-3, c. 81. 

Sec 5. Regulations in relation to apportionment of representa- 
tives. The House of Representatives shall be composed of one 
hundred and twenty representatives, biennially chosen by ballot, 
to be elected by the counties respectively, according to their popula- 
tion, and each county shall have at least one representative in the 
House of Representatives, although it may not contain the requisite 
ratio of representation; this apportionment shall be made by the 
General Assembly at the respective times and periods when the 
districts of the Senate are hereinbefore directed to be laid off. 

Const. 1868; Convention 1835, art. 1, s. 1, els. 2, 3. 
Comrs. v. Ballard, 69-18; Mills v. Williams, 33-563. 



1 Sec. 5 of the Constitution of 1868, which was charged to Sec. 4 of the 
present Constitution in purusance of Ch. 81, Public Laws of 1872-73, was as 
follows : 

"Sec. 5. An enumeration of the inhabitants of the State shall be taken 
under the direction of the General Assembly in the year one thousand eight 
hundred and seventy-five, and at the end of every ten years thereafter; and 
the said Senate districts shall be so altered by the General Assembly, at the 
first session after the return of every enumeration taken as aforesaid, or by 
order of Congress, that each Senate district shall contain, as nearly as may 
be, an equal number of inhabitants, excluding aliens and Indians not taxed, 
and shall remain unaltered until the return of another enumeration, and shall 
at all times consist of contiguous territory; and no county shall be divided 
in the formation of a Senate district, unless such county shall be equitably 
entitled to two or more Senators." 

Sec. 4 of the Constitution of 1868, which divided the State into Senatorial 
districts pending a division by the first General Assembly after 1871, was 
omitted by the Convention of 1875. So was Sec. 8 which made the temporary 
apportionment for the House of Representatives. 



Constitution op The State of North Carolina 449 

Sec. 6. Ratio of representation. In making the apportionment 
in the House of Representatives the ratio of representation shall be 
ascertained by dividing the amount of the population of the State, 
exclusive of that comprehended within those counties which do not 
severally contain the one hundred and twentieth part of the popu- 
lation of the State, by the number of representatives, less the num- 
ber assigned to such counties; and in ascertaining the number of 
the population of the State, aliens and Indians not taxed shall not 
be included. To each county containing the said ratio and not 
twice the said ratio there shall be assigned one representative; 
to each county containing two but not three times the said ratio 
there shall be assigned two representatives, and so on progressively, 
and then the remaining representatives shall be assigned severally 
to the counties having the largest fractions. 

Const. 1868; Convention 1835, art. 1, s. 1, cl. 4. 
Moffit v. Asheville, 103-237; Comrs. v. Ballard, 69-18. 

Sec. 7. Qualifications for Senators. Each member of the Sen- 
ate shall not be less than twenty-five years of age, shall have re- 
sided in this State as a citizen two years, and shall have usually re- 
sided in the district for which he was chosen one year immediately 
preceding his election. 

Const. 1868. 

Sec. 8. Qualifications for Representatives. Each member of 
the House of Representatives shall be a qualified elector of the 
State, and shall have resided in the county for which he is chosen 
for one year immediately preceding his election. 

Const. 1868. 

Sec. 9. Election of officers. In the election of all officers, whose 
appointment shall be conferred upon the General Assembly by the 
Constitution, the vote shall be viva voce. 

Const. 1868; Convention 1835, art. 1, s. 4, cl. 1. 

Cherry v. Burns, 124-766; Stanford v. Ellington, 117-161. 

Sec. 10. Powers in relation to divorce and alimony. The Gen- 
eral Assembly shall have power to pass general laws regulating 
divorce and alimony, but shall not have power to grant a divorce 
or secure alimony in any individual case. 

Const. 1868; Convention 1835, art. 1, s. 4, cl. 3. 

Cooke v. Cooke, 164-272; In re Boyett, 136-415; Ladd v. Ladd, 121-118; 
Baity v. Cranfill, 91-293. 




450 Constitutions 

Sec. 11. Private laws in relation to names of persons, etc. The 
General Assembly shall not have power to pass any private law, 
to alter the name of any person, or to legitimate any person not 
born in lawful wedlock, or to restore to the rights of citizenship 
any person convicted of any infamous crime, but shall have power 
to pass general laws regulating the same. 

Const. 1868; Convention 1835, art. 1, s. 4, cl. 4. 

Sec. 12. Thirty days notice shall be given anterior to passage 
of private laws. The General Assembly shall not pass any private 
law, unless it shall be made to appear that thirty days' notice of 
application to pass such a law shall have been given, under such 
direction and in such manner as shall be provided by law. 

Const. 1868; Convention 1835, art. 1, a. 4, cl. 5. 

Power Co. v. Power Co., 175-668; Cox v. Comrs., 146-584; Bray v. Williams, 
137-390; Comrs. v. Coke, 116-235; Gatlin v. Tarboro, 78-119; Broadnax v. 
Comrs., 64-244. 

Sec. 13. Vacancies. If vacancies shall occur in the General As- 
sembly by death, resignation or otherwise, writs of elections shall 
be issued by the Governor under such regulations as may be pre- 
scribed by law. 

Const. 1868; Convention 1835, art. 1, s. 4, cl. 6. 

Sec. 14. Revenue. No law shall be passed to raise money on 
the credit of the State, or to pledge the faith of the State, directly 
or indirectly, for the payment of any debt, or to impose any tax 
upon the people of the State, or allow the counties, cities or towns 
to do so, unless the bill for the purpose shall have been read three 
several times in each house of the General Assembly and passed 
three several readings, which readings shall have been on three 
different days, and agreed to by each house respectively, and un- 
less the yeas and nays on the second and third readings of the 
bill shall have been entered on the journal. 

Const. 1868. 

Road Com. v. Comrs., 178-61; Guire v. Comrs., 177-516; Wagstaff v. High- 
way Com., 177-354; Woodall v. Highway Com., 176-377; Wagstaff v. Highway 
Com., 174-377; Claywell v. Comrs., 173-657; Brown v. Comrs., 173-598; Cot- 
trell v. Lenoir, 173-138; Hargrave v. Comrs., 168-626; Gregg v. Comrs., 162- 
479; Pritchard v. Comrs., 160-476, 159-636; Russell v. Troy, 159-366; Comrs. 
v. Comrs., 157-515; Comrs. v. Bank, 152-387; Tyson v. Salisbury, 151-468; 
Bank v. Lacy, 151-3; Battle v. Lacy, 150-573; Wittowsky v. Comrs., 150-90; 
Lutterloh v. Fayetteville, 149-65; Cox v. Comrs., 146-584; Improvement Co. v. 
Comrs., 146-353; Comrs. v. Trust Co., 143-110; Fortune v. Comrs., 140-329; 
Comrs. v. Stafford, 138-453; Bray v. Williams, 137-390; GraVes v. Comrs., 
135-49; Brown v. Stewart, 134-357; Wilson v. Markley, 133-616; Debnam v. 
Chitty, 131-657; Hooker v. Greenville, 130-293; Cotton Mills v. Waxhaw, 130- 
293; Armstrong v. Stedman, 130-219; Comrs. v. DeRossett, 129-275; Black v. 



Constitution of The State of North Carolina 451 

Comrs., 129-122; Glenn v. Wray, 126-730; Edgerton v. Water Co., 126-96; 
Smathers v. Comrs., 125-480; Slocumb v. Fayetteville, 125-362; Comrs. v. 
Payne, 123-486, 123-432; McGuire v. Williams, 123-349; Comrs. v. Call, 123- 
308; Charlotte v. Shepard, 122-602; Robinson v. Goldsboro, 122-211; Rodman 
v. Washington, 122-39; Mayo v. Comrs., 122-5; Comrs. v. Snuggs, 121-394; 
Bank v. Comrs., 119-214; Bank v. Comrs., 116-339; Jones v. Comrs., 107-265; 
Wood v. Oxford, 97-227; Galloway v. Jenkins, 63-147. 

Sec. 15. Entails. The General Assembly shall regulate entails 
in such manner as to prevent perpetuities. 

Const. 1868; Const. 1776, s. 43. 

SEC. 16. Journals. Each house shall keep a journal of its pro- 
ceedings, which shall be printed and made public immediately after 
the adjournment of the General Assembly. 

Const. 1868; Const. 1776, s. 46. 

Wilson v. Markley, 133-616; Carr v. Coke, 116-234. 

Sec 17. Protest. Any member of either house may dissent 
from, and protest against, any act or resolve which he may think 
injurious to the public, or any individual, and have the reason of 
his dissent entered on the journal. 

Const. 1868; Const. 1776, s. 45. 

Sec 18. Officers of the House. The House of Representatives 
shall choose their own speaker and other officers. 

Const. 1868; Const. 1776, s. 10. 
Nichols v. McKee, 68-432. 

Sec 19. President of the Senate. The Lieutenant-Governor 
shall preside in the Senate, but shall have no vote unless it may be 
equally divided. 

Const. 1868. 

Sec 20. Other senatorial officers. The Senate shall choose its 
other officers and also a speaker (pro tempore) in the absence of 
the Lieutenant-Governor, or when he shall exercise the office of 
Governor. 

Const. 1868; Const. 1776, s. 10. 
Nichols v. McKee, 68-432. 

Sec 21. Style of the acts. The style of the acts shall be: "The 
General Assembly of North Carolina do enact." 

Const. 1868. 

State v. Patterson, 98-664. 

Sec 22. Powers of the General Assembly. Each house shall be 
judge of the qualifications and election of its own members, shall 
sit upon its own adjournment from day to day, prepare bills to 



452 Constitutions 

be passed into laws; and the two houses may also jointly adjourn 
to any future day, or place. 

Const. 1868; Const. 1776, s. 10. 
State v. Pharr, 179-699. 

Sec. 23. Bills and resolutions to be read three times, etc. All 
bills and resolutions of a legislative nature shall be read three 
times in each house before they pass into laws, and shall be signed 
by the presiding officers of both houses. 

Const. 1868; Const. 1776, s. 11. 

State v. Patterson, 134-620; Wilson v. Markley, 133-616; Cotton Mills v. 
Waxhaw, 130-293; Smathers v. Comrs., 125-486; Comrs. v. Snuggs, 121-400; 
Russell v. Ayer, 120-211; Bank v. Comrs., 119-222; Cook v. Mears, 116-592; 
Carr v. Coke, 116-234; Scarborough v. Robinson, 81-409. 

Sec. 24. Oath of members. Each member of the General As- 
sembly, before taking his seat, shall take an oath or affirmation 
that he will support the Constitution and laws of the United States, 
and the Constitution of the State of North Carolina, and will faith- 
fully discharge his duty as a member of the Senate or House of 
Representatives. 

\S Const. 1868; Const. 1776, s. 12. 

Sec. 25. Terms of office. The terms of office for Senators and 
members of the House of Representatives shall commence at the 
time of their .election. 1 

Const. 1868; Convention 1875. 
Aderholt v. McKee, 65-259. 

Sec 26. Yeas and nays. Upon motion made and seconded in 
either house by one-fifth of the members present, the yeas and nays 
upon any question shall be taken and entered upon the journals. 

Const. 1868. 

Sec 27. Election for members of the General Assembly. The 
election for members of the General Assembly shall be held for 
the respective districts and counties, at the places where they are 
now held, or may be directed hereafter to be held, in such manner 
as may be prescribed by law, on the first Thursday in August, in 
the year one thousand eight hundred and seventy, and every two 



1 Sec. 27 of the Constitution of 1868 was as follows: ''The terms of office 
for Senators and members of the House of Representatives shall commence 
at the time of their election; and the term of office of those elected at the 
first election held under this Constitution shall terminate at the same time as 
if they had been elected at the first ensuing regular election." 

The Convention of 1875 omitted the last clause, and the remainder became 
Sec. 25 of the present Constitution. 



Constitution op The State of North Carolina 453 

years thereafter. But the General Assembly may change the time 
of holding the elections. 1 

Const. 1868; Convention 1875. 

Aderholt v. McKee, 65-259; Loftin v. Sowers, 65-251. 

Sec. 28. Pay of members and officers of the General Assembly. 
The members of the General Assembly for the term of their office 
shall receive a salary for their services of six hundred dollars each. 
The salaries of the presiding officers of the two houses shall be 
seven hundred dollars each : Provided, that in addition to the sal- 
aries herein provided for, should an extra session of the General 
Assembly be called, the members shall receive eight dollars per day 
each, and the presiding officers of the two houses ten dollars per 
day each, for every day of such extra session not exceeding twenty 
days; and should an extra session continue more than twenty days, 
the members and officers shall serve thereafter without pay. 2 

Convention 1875. 

Kendall v. Stafford, .178-461 ; Bank v. Worth, 117-153. 

Sec. 29. Limitations upon power of General Assembly to enact 
xu dvate or sn zci al legislatio n. The General Assembly shall not 
pass any hocal, priy^te, or special act or resolution relating to the 
establishment of courts inferior to the Superior Court; relating to 
the appointment of justices of the peace; relating to health, sani- 
tation, and the abatement of nuisances; changing the names of 



1 This section constituted the first part of Sec. 29 of the Constitution of 
1868. The following additional sentence of Sec. 29 was omitted by the Con- 
vention of 1875: "The first election shall be held when the vote shall be 
taken on the ratification of this Constitution by the voters of the State, and 
the General Assembly then elected shall meet on the fifteenth day after the 
approval thereof by the Congress of the United States, if it fall not on Sunday, 
but if it shall so fall, then on the next day thereafter; and the members then 
elected shall hold their seats until their successors are elected at a regular 
election." 

Under authority of this section, the General Assembly changed the time of 
holding the election to Tuesday next after the first Monday in November, Ch. 
275, Public Laws of 1876-77. 

2 Sec. 28 added to the Constitution by the Convention of 1875, reads as 
follows: "The members of the General Assembly for the term for which they 
have been elected shall receive as a compensation for their services the sum 
of four dollars per day for each day of their session, for a period not exceeding 
sixty days ; and should they remain longer in session they shall serve without 
compensation. They shall also be entitled to receive ten cents per mile, both 
while coming to the seat of government and while returning home, the said 
distance to be computed by the nearest line or route of public travel. The 
compensation of the presiding officers of the two houses shall be six dollars 
per day and mileage. Should an extra session of the General Assembly be 
called, the members and presiding officers shall receive a like rate of com- 
pensation for a period not exceeding twenty days." 

The section was made to read as at present by Ch. 203, Public Laws of 
1927, ratified by the people on November 6, 1928. 






454 Constitutions 

cities, towns and townships; authorizing the laying out, opening, 
altering, maintaining or discontinuing of highways, streets, or 
alleys; relating to ferries or bridges; relating to non-navigable 
streams; relating to cemeteries; relating to the pay of jurors; 
erecting new townships, or changing township lines, or estab- 
lishing or changing the lines of school districts; remitting fines, 
penalties, and forfeitures or refunding moneys legally paid into 
the public treasury; re gulating la bpx^trade, mining, or m anufac- 
turing; extending the time for the assessment~or~cotlection of taxes 



or otherwise relieving any collector of taxes from the due per- 
formance of his official duties or his sureties from liability; giving 
effect to informal wills and deeds; nor shall the General Assembly 
enact any such local, private or special act by the partial repeal of 
a general law, but the General Assembly may at any time repeal 
local, private or special laws enacted by it. Any local, private or 
special act or resolution passed in violation of the provisions of 
this section shall be void. The General Assembly shall have power 
to pass general laws regulating matters set out in this section. 1 

P. L. 1915, c. 99. In effect January 10, 1917. See Reade v. Durham, 173- 
6668; Mills v. Comrs., 175-215. 

Davis v. Lenoir County, 178-668; Comrs. v. Pruden, 178-394 ; Comrs. v. Trust 
Co., 178-170; Martin County v. Trust Co., 178-26; Parvin v. Comrs., 177-508; 
Mills v. Comrs., 175-215; Highway Com. v. Malone, 173-685; Richardson v. 
Comrs., 173-685; Ranklin v. Gaston County, 173-683; Reade v. Durham, 173- 
668; Brown v. Comrs., 173-598. 

Sec. 30. The General Assembly shall not use nor authorize to 
be used any part of the amount of any sinking fund for any pur- 
pose other than the retirement of the bonds for which said sinking 
fund has been created. 2 

ARTICLE III 

EXECUTIVE DEPARTMENT 

SECTION 1. Officers of the executive department ; terms of office. 
The executive department shall consist of a Governor, in whom 
shall be vested the supreme executive power of the State; a Lieu- 
tenant-Governor, a Secretary of State, an Auditor, a Treasurer, a 
Superintendent of Public Instruction, and an Attorney-General, 



1 This section was added by Ch. 99, Public Laws of 1915, ratified by popular 
vote in 1916. It became effective on January 10, 1917. 

2 This section was added by Ch. 91, Public Laws of 1924, extra session, 
ratified by popular vote in November, 1924. 



Constitution op The State op North Carolina 455 

who shall be elected for a term of four years by the qualified 
electors of the State, at the same time and place and in the same 
manner as members of the General Assembly are elected. Their 
term of office shall commence on the first day of January next 
after their election, and continue until their successors are 
elected and qualified: Provided, that the officers first elected shall 
assume the duties of their office ten days after the approval of 
this Constitution by the Congress of the United States, and shall 
hold their office four years from and after the first day of 
January, 1869. 1 

Const. 1868; Convention 1835, art. II, s. 1. 

Wilson v. Jordan, 124-719; Rhyne v. Lipscombe, 122-652; Caldwell v. 
Wilson, 121-476; Winslow v. Morton, 118-490; Battle v. Mclver, 68-467; 
Howerton v. Tate, 68-546. 

Sec. 2. Qualifications of Governor and Lieutenant-Governor. 
No person shall be eligible as Governor or Lieutenant-Governor 
unless he shall have attained the age of thirty years, shall have 
been a citizen of the United States five years, and shall have been 
a resident of this State for two years next before the election; nor 
shall the person elected to either of these two offices be eligible 
to the same office more than four years in any term of eight years, 
unless the office shall have been cast upon him as Lieutenant- 
Governor or President of the Senate. 

Const. 1868; Const. 1776, s. 15. 

SEC. 3. Returns of elections. The returns of every election for 
officers of the executive department shall be sealed up and trans- 
mitted to the seat of government by the returning officer, directed 
to the Secretary of State. The return shall be canvassed and the 
result declared in such manner as may be prescribed by law. Con- 
tested elections shall be determined by a joint ballot of both houses 
of the General Assembly in such manner as shall be prescribed by 
law. 2 



1 In this section as found in the Constitution of 1868, the words "a Super- 
intendent of Public Works" followed "Treasurer." These words were stricken 
out and the office of Superintendent of Public Works abolished in pursuance 
of Ch. 84, Public Laws of 1872-73. 

2 In the Constitution of 1868, that portion of this section after the word 
"directed" and before "contested" read as follows : "to the Speaker of the 
House of Representatives, who shall open and publish the same in the presence 
of a majority of the members of both Houses of the General Assembly. The 
persons having the highest number of votes respectively, shall be declared 
duly elected; but if two or more be equal and highest in votes for the same 
office, then one of them shall be chosen by joint-ballot of both Houses of the 
General Assembly." The section was amended to its present form in pur- 
suance of Ch. 88, Public Laws of 1925. 

For the laws governing the canvassing of returns, see C. S., 5993-6008; 
Ch. 260. Public Laws of 1927. 



456 Constitutions 

Const. 1868: Convention 1835, art. II, ss. 3, 4 : P. L. 1925, c. 88 
Winslow v. Morton, 118-486; O'Hara v. Powell, 80-108: 

Sec. 4. Oath of the office for Governor. The Governor, before 
entering upon the duties of his office, shall, in the presence of the 
members of both branches of the General Assembly, or before any 
justice of the Supreme Court, take an oath or affirmation that he 
will support the Constitution and laws of the United States and of 
the State of North Carolina, and that he will faithfully perform 
the duties appertaining to the office of Governor to which he has 
been elected. 

Const. 1868; Convention 1835, art. II, s. 5. 

Sec. 5. Duties of Governor. The Governor shall reside at the 
seat of government of this State, and he shall, from time to time, 
give the General Assembly information of the affairs of the State, 
and recommend to their consideration such measures as he shall 
deem expedient. 

Const. 1868. 

Sec. 6. Reprives, commutations, and pardons. The Governor 
shall have power to grant reprieves, commutations and pardons, 
after conviction, for all offenses (except in cases of impeachment), 
upon such conditions as he may think proper, subject to such regu- 
lations as may be provided by law relative to the manner of ap- 
plying for pardons. He shall biennially conlmunicate to the Gen- 
eral Assembly each case of reprieve, commutation or pardon 
granted, stating the name of each convict, the crime for which he 
was convicted, the sentence and its date, the date of commutation, 
pardon or reprieve, and the reasons therefor. 1 

Const. 1868; Const. 1776, s. 19. 

In re Williams, 149-436; State v. Bowman, 145-425; Herring v. Pugh, 
126-862; In re McMahon, 125-40; State v. Mathis, 109-815; State v. Cardwell. 
95-643; State v. Alexander. 76-231; State v. Mooriey, 74-98; State v. Blalock, 
61-242. 

Sec. 7. Annual reports from officers of executive department 
and of public institutions. The officers of the executive department 
and of the public institutions of the State shall, at least five days 
previous to each regular session of the General Assembly, severally 
report to the Governor, who shall transmit such reports, with his 
message, to the General Assembly; and the Governor may, at any 
time, require information in writing from the officers in the execu- 



1 The word "biennially" was substituted for "annually" in this section of 
the Constitution of 1868. in pursuance of Ch. 82, Public Laws of 1872-73. 



Constitution of The State op North Carolina 457 

tive department upon any subject relating to the duties of their 
respective offices, and shall take care that the laws be faithfully 
executed. 

Const. 1868. 

Arendell v. Worth, 125-122; Welker v. Bledsoe, 68-463; Nichols v. McKee, 
68-435. 

Sec. 8. Commander-in-Chief. The Governor shall be Com- 
mander-in-Chief of the militia of the State, except when they shall 
be called into the service of the United States. 

Const. 1868; Const. 1776, s. 18. 
Winslow v. Morton, 118-486. 

Sec. 9. Extra session of General Assembly. The Governor 
shall have power on extraordinary occasions, by and with the ad- 
vice of the Council of State, to convene the General Assembly in 
extra session by his proclamation, stating therein the purpose or 
purposes for which they are thus convened. 

Const. 1868. 

SEC. 10. Officers whose appointments are not otherwise pro- 
vided for. The Governor shall nominate, and by and with the 
advice and consent of a majority of the senators-elect, appoint all 
officers whose offices are established by this Constitution and whose 
appointments are not otherwise provided for. 

Const. 1868; Convention 1875. 

Salisbury v. Croom, 167-223; State v. Baskerville, 141-811; Day's Case, 
124-366; Ewart v. Jones, 116-570; University v. Mclver, 72-76; Cloud v. 
Wilson, 72-155; Battle v. Mclver, 68-467; Nichols v. McKee, 68-429; Howerton 
v. Tate, 68-546; Rogers v. McGowan, 68-520; Badger v. Johnson, 68-471; 
Welker v. Bledsoe, 68-457; Clark v. Stanley, 66-59; State v. Pender, 66-317; 
Railroad v. Holden, 63-410. 

Sec. 11. Duties of the Lieutenant-Governor. The Lieutenant- 
Governor shall be President of the Senate, but shall have no vote 
unless the Senate be equally divided. He shall, whilst acting as 
President of the Senate, receive for his services the same pay which 
shall, for the same period, be allowed to the Speaker of the House 
of Representatives; and he shall receive no other compensation 
except when he is acting as Governor. 

Const. 1868. 

Sec. 12. In case of impeachment of Governor, or vacancy caused 
by death or resignation. In case of the impeachment of the Gov- 
ernor, his failure to qualify, his absence from the State, his inabil- 
ity to discharge the duties of his office, or in case the office of Gov- 
ernor shall in anywise become vacant, the powers, duties and 



458 Constitutions 

emoluments of the office shall devolve upon the Lieutenant- 
Governor until the disabilities shall cease or a new Governor shall 
be elected and qualified. In every case in which the Lieutenant- 
Governor shall be unable to preside over the Senate, the senators 
shall elect one of their own number president of their body; and 
the powers, duties and emoluments of the office of Governor, shall 
devolve upon him whenever the Lieutenant-Governor shall, for any 
reason, be prevented from discharging the duties of such office as 
above provided, and he shall continue as acting Governor until the 
disabilities are removed or a new Governor or Lieutenant-Governor 
shall be elected and qualified. Whenever, during the recess of the 
General Assembly, it shall become necessary for the President of 
the Senate to administer the government, the Secretary of State 
shall convene the Senate, and they may elect such president. 

Const. 1868. 

Rodwell v. Rowland, 137-626; Cadwell v. Wilson, 121-476. 

Sec. 13. Duties of other executive officers. The respective duties 
of the Secretary of State, Auditor, Treasurer, Superintendent of 
Public Instruction and Attorney-General shall be prescribed by 
law. If the office of any of said officers shall be vacated by death, 
resignation, or otherwise, it shall be the duty of the Governor to 
appoint another until the disability be removed or his successor 
be elected' and qualified. Every such vacancy shall be filled by 
election at the first general election that occurs more than thirty 
days after the vacancy has taken place, and the person chosen shall 
hold the office for the remainder of the unexpired term fixed in the 
first section of this article. 

Const. 1868. 

Rodwell v. Rowland, 137-626; Sneed v. Bullock, 80-135; Cloud v. Wilson. 
72-163; Clark v. Stanley, 66-59; Nichols v. McKee, 68-429; Battle v. Mclver, 
68-467; Boner v. Adams, 65-639. 

Sec. 14. Council of State. The Secretary of State, Auditor, 
Treasurer and Superintendent of Public Instruction shall consti- 
tute, ex officio, the Council of State, who shall advise the Governor 
in the execution of his office, and three of whom shall constitute a 
quorum; their advice and proceedings in this capacity shall be 
entered in a journal, to be kept for this purpose exclusively, and 
signed by the members present, from any part of which any 
member may enter his dissent; and such journal shall be placed 
before the General Assembly when called for by either house. The 



Constitution of The State of North Carolina 459 

Attorney-General shall be ex officio, the legal adviser of the ex- 
ecutive department. 

Const. 1868; Const. 1776, s. 16. 

Sec. 15. Compensation of executive officers. The officers men- 
tioned in this article shall, at stated periods, receive for their 
services a compensation to be established by law, which shall 
neither be increased nor diminished during the time for which 
they shall have been elected, and the said officers shall receive no 
other emolument or allowance whatever. 

Const. 1868. 

Sec. 16. Seal of State. There shall be a seal of State, which 
shall be kept by the Governor, and used by him, as occasion may 
require, and shall be called "The Great Seal of the State of North 
Carolina." All grants and commissions shall be issued in the 
name and by the authority of the State of North Carolina, sealed 
with "The Great Seal of the State," signed by the Governor and 
countersigned by the Secretary of State. 

Const. 1868; Const. 1776. ss. 17, 36. 

Howell v. Hurley, 170-798; Richards v. Lumber Co., 158-54. 

Sec. 17. Department of Agriculture, hnmigration and Statis- 
tics. The General Assembly shall establish a Department of Agri- 
culture, Immigration and Statistics, under such regulations as may 
best promote the agricultural interests of the State, and shall enact 
laws for the adequate protection and encouragement of sheep hus- 
bandry. 1 

Const. 1868; Convention 1875. 

Cunningham v. Sprinkle, 124-638; Chemical Co. v. Board of Agriculture, 
111-136. 

ARTICLE IV 
JUDICIAL department 

SECTION 1. Abolishes distinction between actions at law and 
suits in equity, and feigned issues. The distinction between actions 
at law and suits in equity, and the forms of all such actions and 
suits, shall be abolished; and there shall be in this State but one 
form of action for the enforcement or protection of private rights 



1 Sec. 17 in the Constitution of 1868 was as follows: "There shall be es- 
tablished in the office of Secretary of State, a Bureau of Statistics, Agriculture 
and Immigration, under such regulations as the General Assembly may pro- 
vide." The section was changed to its present form in the Convention of 1875. 



460 Constitutions 

or the redress of private wrongs, which shall be denominated a 
civil action; and every action prosecuted by the people of the State 
as a party, against a person charged with a public offense, for the 
punishment of the same, shall be termed a criminal action. Feigned 
issues shall also be abolished, and the fact at issue tried by order 
of court before a jury. 

Const. 1868. 

Tillotson v. Currin, 176-479; Jerome v. Setzer, 175-391; Hardware Co. v. 
Lewis, 173-290; Makuen v. Elder, 170-510; Fowle v. McLean, 168-537; Wilson 
v. Ins. Co., 155-173; Hauser v. Morrison, 146-248; Levin v. Gladstein, 142-484; 
Turner v. McKee, 137-259; Staton v. Webb, 137-38; Boles v. Caudle, 133-528; 
Parker v. Express Co., 132-131; Harrison v. Hargrove, 116-418; Peebles v. 
Gay, 115-41; Moore v. Beaman, 112-560; Hood v. Sudderth, 111-219; Mark- 
ham v. Markham, 110-356; Conley v. R. R., 109-692; Vegelhan v. Smith, 95- 
254; Lumber Co. v. Wallace, 93-25; Blake v. Askew, 76-326; Abrams v. Cure- 
ton, 74-526; Bitting: v. Thaxton, 72-541; Tidline v. Hickerson, 72-241; Belmont 
v. Reilly, 71-262; Froelich v. Express Co., 67-4; Harkey v. Houston, 65-137: 
Tate v. Towe, 64-647; State v. Mcintosh, 64-607; Mitchell v. Henderson, 
63-640; State v. Baker, 63-276. 

See, also under C. S., section 399. 

Sec 2. Division of judicial powers. The judicial power of the 
State shall be vested in a court for the trial of impeachments, a 
Supreme Court, Superior Courts, courts of justices of the peace, 
and such other courts inferior to the Supreme Court as may be 
established by law. 1 

Const. 1868; Convention 1875. 

State v. Burnett, 179-735; State v. Collins, 151-648; Hauser v. Morrison, 
146-248; Ex parte McCown, 139-105; State v. Lytle, 138-741; State v. Basker- 
ville, 141-813; Mott v. Comrs., 126-869; State v. Gallop, 126-983; Rhyne v. 
Lipscombe, 122-650; Caldwell v. Wilson, 121-476; McDonald v. Morrow, 119- 
670; Ewart v. Jones, 116-572; Express Co. v. R. R., 111-463; Wool v. Saun- 
ders, 108-739; State v. Weddington, 103-364; State v. Speaks, 95-689; State v. 
Spurtin, 80-363; State v. Cherry, 72-123; State v. Ketchey, 70-621; State v. 
Davis, 69-495; Rowark v. Gaston, 67-292; Froelich v. Express Co., 67-1; 
State v. Pender, 66-313: Wilmington v. Davis, 63-583; Edenton v. Wool, 
65-379; Washington v. Hammons, 76-34; State v. Threadgill, 76-17; State v. 
Baker, 63-278; McAdoo v. Benbow, 63-461. 

SEC. 3. Trial court of impeachment. The court for the trial of 
impeachments shall be the Senate. A majority of the members 
shall be necessary to a quorum, and the judgment shall not extend 
beyond removal from and disqualification to hold office in this 
State; but the party shall be liable to indictment and punishment 
according to law. 



1 Sec. 4 of the Constitution of 1868 was as follows: "The judicial power 
of the State shall be vested in a Court for the trial of impeachment, a Supreme 
Court, Superior Court, Court of Justices of the Peace, and special Courts." 
This was amended to become Sec. 2 of the present Constitution by the Con- 
vention of 1875. Sections 2 and 3 of the Constitution of 1868, providing for 
a commission to report to the General Assembly rules of practice and pro- 
cedure and a code of North Carolina law, were omitted by the Convention of 
1876. 



Constitution of The State of North Carolina 461 

Const. 1868; Convention 1835, art. Ill, s. 1, els. 2, 3. 
Caldwell v. Wilson, 121-476. 

Sec 4. Impeachment. The House of Representatives solely 
shall have the power of impeaching. No person shall be convicted 
without the concurrence of two-thirds of the senators present. 
When the Governor is impeached the Chief Justice shall preside. 

Const. 1868; Convention 1835, art. Ill, s. 1, el. 3. 

Sec 5. Treason against the State. Treason against the State 
shall consist only in levying war against it, or adhering to its ene- 
mies, giving them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. No conviction of treason 
or attainder shall work corruption of blood or forfeiture. 

Const. 1868. See Const. U. S., art. Ill, s. 3. 

Sec. 6. Supreme Court justices. The Supreme Court shall con- 
sist of a Chief Justice and four associate justices. 1 

Const. 1868; Convention 1875; P. L. 1887, c. 212. 

Sec 7. Terms of the Supreme Court. The terms of the Su- 
preme Court shall be held in the city of Raleigh, as now, until 
otherwise provided by the General Assembly. 2 

Const. 1868; Convention 1875. 
State v. Marsh, 134-197. 

Sec 8. Jurisdiction of Supreme Court. The Supreme Court 
shall have jurisdiction to review, upon appeal, any decision of the 
courts below, upon any matter of law or legal inference. And the 
jurisdiction of said court over "issues of fact" and "questions of 
fact" shall be the same exercised by it before the adoption of the 
Constitution of one thousand eight hundred and sixty-eight, and 
the court shall have the power to issue any remedial writs nec- 



1 This section is identical with Sec. 8 in the Constitution of 1868. The 
Convention of 1875 changed the number of associate justices to two. The 
number was changed to four in pursuance of Ch. 212, Public Laws of 1887. 

- Sec. 9 in the Constitution of 1868 was as follows: "There shall be two 
terms of the Supreme Court held at the seat of government of the State in 
each year, commencing on the first Monday in January, and the first Monday 
in June, and continuing as long as the public interests may require." This 
section was changed to the present Sec. 7 by the Convention of 1875. 

Subsequently the General Assembly changed the time of holding the two 
terms to the first Monday in February and the last Monday in August. Ch. 
178, Public Laws of 1881; Ch. 49, Public Laws of 1887; Ch. 660, Public Laws 
of 1901; Revisal, 1905, s. 1535. 



462 Constitutions 

essary to give it a general supervision and control over the pro- 
ceedings of the inferior courts. 1 

Convention 1875. See Const. 1868, art. IV, s. 10. 

R. R. v. Cherokee County, 177-86; Taylor v. Johnson, 171-84; State v. Tripp 
168-150; State v. Lee, 166-250; Page v. Page, 166-90; In re Wiggins, 165-457 
Mott v. R. R., 164-367; Johnson v. R. R., 163-431; Pender v. Ins. Co., 163-98 
Overman v. Lanier, 156-537; State v. Webb, 155-426; In re Holley, 154-163 
Harvey v. R. R., 153-567; Stokes v. Cogdell, 153-181; In re Applicants for 
License, 143-1; Hollingsworth v. Skelding, 142-256; Slocumb v. Construction 
Co., 142-354; State v. Lilliston, 141-867; Brown v. Power Co., 140-348; Barker 
v. R. R., 137-222; State v. Marsh, 134-185; Mott v. Comrs., 126-869; Wilson 
v. Jordan, 124-719; State v. Hinson, 123-757; Harkins v. Cathey, 119-658; 
McDonald v. Morrow, 119-670; Carr v. Coke, 116-242; State v. Whitaker, 
114-818; Express Co. v. R. R., 111-463; State v. Herndon, 107-934; Farrar 
v. Staton, 101-78; Rencher v. Anderson, 93-105; Railroad v. Warren, 92-620; 
Coats v. Wilkes, 92-381; Murrill v. Murrill, 90-120; Worthy v. Shields, 90-192; 
Young v. Rollins, 90-125; Wessel v. Rathjohn, 89-377; McMillan v. Baker, 
85-291; Greenboro v. Scott, 84-184; Shields v. Whitaker, 82-516; Simmons v. 
Foscue, 81-86; Jones v. Boyd, 80-258; State v. McGimsey, 80-383; Battle v. 
Mayo, 102-435; In re Schenck, 74-609; Keener v. Finger, 70-42; Long v. 
Holt, 68-53; Rush v. Steamboat Co., 68-74; Isler v. Brown, 67-175; State v. 
Jefferson, 66-309; Rogers v. Goodwin, 64-279; McKimmon v. Faulk, 63-279; 
Biggs Ex parte, 64-202; Heilig v. Stokes, 63-612; Foushee v. Pattershall, 
67-453; Perry v. Shepherd, 78-85; Graham v. Skinner, 57-94. 

See, also, C. S. sec. 1411. 

Sec. 9. Claims against the State. The Supreme Court shall 
have original jurisdiction to hear claims against the State, but its 
decisions shall be merely recommendatory; no process in the nature 
of execution shall issue thereon; they shall be reported to the 
next session of the General Assembly for its action. 

Const. 1868. 

Miller v. State, 134-272; Moody v. State Prison, 128-14; White v. Auditor, 
126-598; Printing Co. v. Hoey, 124-795; Railroad v. Dortch, 124-675; Pate v. 
R. R., 122-878; Garner" v. Worth, 122-250; Blount v. Simmons, 119-51; Burton 
v. Furman, 115-171; Cowles v. State, 115-173; Baltzer v. State, 109-187. 
104-270; Martin v. Worth, 91-45; Clodfelter v. State, 86-51; Bain v. State, 
86-49; Horne v. State, 82-382, 84-362; Sinclair v. State. 69-47; Bayne v. Jen- 
kins, 66-358; Bledsoe v. State, 64-392; Reynolds v. State, 64-460; Rand v. 
State, 65-194; Battle v. Thompson, 65-408; Boner v. Adams, 65-644. 

Sec 10. Judicial districts for Superior Courts. The State shall 
be divided into nine judicial districts, for each of which a judge 
shall be chosen; and there shall be held a Superior Court in each 
county at least twice in each year, to continue for such time in 



J Sec. 10 of the Constitution of 1S6S, changed to Sec. 8 of the present Con- 
stitution by the Convention of 1875, read as follows: "The Supreme Court 
shall have jurisdiction to review, upon appeal, any decision of the Courts be- 
low, upon any matter of law or legal inference; but no issue of fact shall be 
tried before this Court; and the Court shall have power to issue any remedial 
writs necessary to give it a general supervision and control of the inferior 
Court." 



Constitution of The State op North Carolina 463 

each county as may be prescribed by law. But the General As- 
sembly may reduce or increase the number of districts. 1 

Const. 1868; Convention 1876. 

State v. Shuford, 128-588; Wilson v. Jordan, 124-705; Rhyne v. Lipscombe, 
122-650; Ewart v. Jones, 116-578; State v. Spurtin, 80-363; State v. Taylor, 
76-64; State v. Adair, 66-298. 

Sec. 11. Residences of judges; rotation in judicial districts; 
special terms. Every judge of the Superior Court shall reside in 
the district for which he is elected. The judges shall preside in 
the courts of the different districts successively, but no judge shall 
hold the courts in the same district oftener than once in four 
years; but in case of the protracted illness of the judge assigned 
to preside in any district, or of any other unavoidable accident to 
him, by reason of which he shall be unable to preside, the Governor 
may require any judge to hold one or more specified terms in said 
district in lieu of the judge assigned to hold the courts of the said 
district; and the General Assembly may by general laws provide for 
the selection of special or emergency judges to hold the Superior 
Courts of any county or district when the judge assigned thereto, 
by reason of sickness, disability, or other cause, is unable to attend 
and hold said court, and when no other judge is available to hold 
the same. Such special or emergency judges shall have the power 
and authority of regular judges of the Superior Courts, in the 
courts which they are so appointed to hold; and the General As- 
sembly shall provide for their reasonable compensation. 2 

Const. 1868; Convention 1875; P. L. 1915, c. 99. Last part of section, pro- 
viding for "special or emergency judges," took effect January 10, 1917. See 
Reade v. Durham, 173-668. 

Watson v. R. R., 152-215; State v. Shuford, 128-588; Mott v. Comrs., 
126-866; Rhyne v. Lipscombe, 122-650; State v. Turner, 119-841; McDonald 



1 Sec. 12 of the Constitution of 1868, changed to the present Sec. 10 by the 
Convention of 1875, read as follows: "The State shall be divided into twelve 
judicial districts, for each of which a judge shall be chosen, who shall hold 
a Superior Court in each county in said district at least twice in each year, 
to continue for two weeks, unless the business shall be sooner disposed of." 
Sec. 13 made the apportionment of the twelve districts. 

There are now twenty judicial districts in the State. Ch. 180, Public Laws 
of 1885; Ch. 28, Public Laws of 1901; Chs. 9, 63, 196, Public Laws of 1913. 

2 Sec. 14 of the Constitution of 1868 was as follows: "Every judge of a 
Superior Court shall reside in his district while holding his office. The judges 
may exchange districts with each other with the consent of the Governor, 
and the Governor for good reasons, which he shall report to the Legislature 
at its current or next session, may require any judge to hold one or more 
specified terms of said courts in lieu of the judge in whose district they are." 
This section was re-written to read as the present Sec. 11 through the clause 
ending with "court of the said district." The remainder of the present Sec. 11 
was added by Ch. 99, Public Laws of 1915, ratified by the people in November. 
1916, and effective Jan. 10, 1917. 



464 Constitutions 

v. Morrow, 119-670; Delafield v. Stafford, 114-239; State v. Lewis, 107-967; 
State v. Speaks, 95-689; State v. Bowman, 80-437; State v. McGimsey, 80-377; 
State v. Munroe, 80-373; State v. Watson, 75-136; State v. Ketchey, 70-622; 
Howes v. Mauney, 66-222; State v. Adair, 66-298; Myers v. Hamilton, 65-568. 

Sec. 12. Jurisdiction of courts inferior to Supreme Court. The 
General Assembly shall have no power to deprive the judicial de- 
partment of any power or jurisdiction which rightfully pertains 
to it as a coordinate department of the government; but the Gen- 
eral Assembly shall allot and distribute that portion of this power 
and jurisdiction which does not pertain to the Supreme Court 
among the other courts prescribed in this Constitution or which 
may be established by law, in such manner as it may deem best; 
provide also a proper system of appeals; and regulate by law, when 
necessary, the method of proceeding, in the exercise of their pow- 
ers, of all courts below the Supreme Court, so far as the same 
may be done without conflict with other provisions of this Con- 
stitution. 1 

Convention 1875. 

State v. Little, 175-743; Cole v. Sanders, 174-112; Jones v. Brinkley, 174- 
23; Corp. Com. v. R. R., 170-560; Oil Co. v. Grocery Co., 169-521; State v. 
Brown, 159-467; State v. Collins, 151-648; State v. Shine, 149-480; Lee v. 
Beard, 146-361; Duckworth v. Mull, 143-469; In re Applicants for License, 
143-1; State v. Baskerville, 141-813; Settle v. Settle, 141-564; Corp. Com. 
v. R. R., 139-126; Ex parte McCowan, 139-105; State v. Lytle, 138-741; State 
v. Lew, 133-666; Brinkley v. Smith, 130-225; In re Gorham, 129-490; State 
v. Brown, 127-564; Mott v. Comrs., 126-868; State v. Davis, 126-1007; State 
v. Battle, 126-1036; McCall v. Webb, 125-243; Wilson v. Jordan, 124-690; 
State v. Ray, 122-1098; Pate v. R. R., 122-877; Tate v. Comrs., 122-661; 
Rhyne v. Lipscombe, 122-650; Malloy v. Fayetteville, 122-480; Caldwell v. 
Wilson, 121-477; McDonald v. Morrow, 119-670; Springer v. Shavender, 118- 
42; Ewart v. Jones, 116-575; Express Co. v. R. R., 111-463; State v. Folwers, 
109-841. In re Deaton 105-62; State v. Moore, 104-751; Walker v. Scott; 102- 
487; State v. Powell, 97-417; Bynum v. Powe, 97-374; Freight Discrimination 
Cases, 95-435; Rencher v. Anderson, 93-105; Murrill v. Murrill, 90-120; Cheek 
v. Watson, 90-302; In re Oldham, 89-23; Simpson v. Jones, 82-324; State v. 



1 This section was added by the Convention of 1875, replacing Sees. 15, 16 
and 17 of the Constitution of 1868 which were as follows: 

"Sec. 15. The Superior Courts shall have exclusive original jurisdiction of 
all civil actions, whereof exclusive original jurisdiction is not given to some 
other courts ; and of all criminal actions in which the punishment may exceed 
a fine of fifty dollars or imprisonment for one month." 

"Sec. 16. The Superior Courts shall have appellate jurisdiction of all issues 
of law or fact, determined by a Probate Judge or a Justice of the Peace, where 
the matter in controversy exceeds twenty-five dollars, and of matters of law 
in all cases." 

"Sec. 17. The clerks of the Superior Courts shall have jurisdiction of the 
probate of deeds, the granting of letters testamentary and of administration, 
the appointment of guardians, the apprenticing of orphans, to audit the ac- 
counts of executors, administrators and guardians, and of such other matters 
as shall be prescribed by law. All issues of fact joined before them shall be 
transferred to the Superior Courts for trial, and appeals shall lie to the Superior 
Courts from their judgment in all matters of law." 

For the law distributing this power and jurisdiction to the inferior courts, 
see C. S., Ch. 27. 



Constitution op The State of North Carolina 4G5 

Munroe, 80-373; State v. Spurtin, 80-362; Walton v. Walton, 80-26; Bratton 
v. Davidson, 79-423; Washington v. Hammond, 76-35; State v. Upchurch, 
72-33; State v. Burk, 73-266; Bryan v. Rousseau, 71-194; Credle v. Gills, 
65-192; Wilmington v. Davis, 63-582; Donaldson v. Waldrop, 63-507. 

Sec. 13. In case of waiver of trial by jury. In all issues of 
fact, joined in any court, the parties may waive the right to have 
the same determined by a jury; in which case the finding of the 
judge upon the facts shall have the force and effect of a verdict by 
a jury. 

Const. 1868. 

Lumber Co. v. Lumber Co., 137-439; Wilson v. Featherstone, 120-447; Taylor 
v. Smith, 118-127; Driller Co. v. Worth, 117-518; Nissen v. Mining Co., 
104-309; Battle v. Mayo, 102-434; Passour v. Lineberger, 90-159; Keener v. 
Finger, 70-42; Armfield v. Brown, 70-29. 

See, also, C. S., Sees. 568, 1502. 

SEC. 14. Special courts in cities. The General Assembly shall 
provide for the establishment of special courts, for the trial of 
misdemeanors, in cities and towns, where the same may be nec- 
essary. 

Const. 1868. 

Oil Co. v. Grocery Co., 169-521; State v. Brown, 159-467; State v. Doster, 
157-634; State v. Collins, 151-648; State v. Baskerville, 141-811; State v. 
Lytle, 138-741; Mott v. Comrs., 126-878; State v. Higgs, 126-1019; State v. 
Powell, 97-417; Washington v. Hammond, 76-34; State v. Ketchey, 70-622; 
State v. Pender, 66-318; State v. Walker, 65-462; Edenton v. Wool, 65-381; 
Wilmington v. Davis, 63-583. 

Sec. 15. Clerk of the Supreme Court. The Clerk of the Su- 
preme Court shall be appointed by the Court, and shall hold his 
office for eight years. 

Const. 1868. 

SEC. 16. Election of Superior Court clerk. A clerk of the Su- 
perior Court for each county shall be elected by the qualified voters 
thereof, at the time and in the manner prescribed by law for the 
election of members of the General Assembly. 

Const. 1868. 

Rodwell v. Rowland. 137-620; White v. Murray, 126-157; Clarke v. Carpen- 
ter, 81-311; University v. Mclver, 72-85. 

Sec. 17. Term of office. Clerks of the Superior Courts shall 
hold their offices for four years. 

Const. 1868. 

Rodwell v. Rowland, 137-620. 

Sec. 18. Fees, salaries and emoluments. The General Assembly 
shall prescribe and regulate the fees, salaries and emoluments of 
all officers provided for in this article; but the salaries of the 
judges shall not be diminished during their continuance in office. 



466 Constitutions 

Const. 1868; Convention, 1835, art. Ill, s. 2. 

In re taxation of judges' salaries, 131-692; Mott v. Comrs., 126-869; In re 
Walker, 82-94; Burton v. Comrs., 82-91; Bunting v. Gales, 77-451- King v 
Hunter, 65-603. 

Sec 19. What laws are, and shall be, in force. The laws of 
North Carolina, not repugnant to this Constitution or the Constitu- 
tion and laws of the United States, shall be in force until lawfully 
altered. 

Const. 1868. 

State v. Baskerville, 141-811; Mott v. Comrs., 126-878; Ewart v. Jones, 
116-577; State v. King, 69-422; State v. Hairston, 63-452; State v. Baker, 
63-278; State v. Colbert, 75-368; Boyle v. New Bern, 64-664; State v. Under- 
wood, 63-98; State v. Jarvis, 63-556. 

Sec. 20. Disposition of actions at law and suits in equity pend- 
ing when this Constitution shall go into effect, etc. Actions at law 
and suits in equity pending when this Constitution shall go into 
effect shall be transferred to the courts having jurisdiction thereof, 
without prejudice by reason of the change; and all such actions 
and suits commenced before and pending at the adoption by the 
General Assembly of the rules of practice and procedure herein 
provided for shall be heard and determined according to the prac- 
tice now in use, unless otherwise provided for by said rules. 

Const. 1868. 

Lash v. Thomas, 86-316; Patton v. Shipman, 81-349; Sharpe v. Williams, 
76-91; Baldwin v. York, 71-466; Green v. Moore, 66-425; Johnson v. Sedberry, 
65-1; Foard v. Alexander, 64-71; Teague v. Jones, 63-91; Gaither v. Gibson, 
63-93. 

Sec. 21. Elections, terms of office, etc., of justices of the Su- 
preme and judges of the Superior Courts. The justices of the 
Supreme Court shall be elected by the qualified voters of the State, 
as is provided for the election of members of the General Assembly. 
They shall hold their offices for eight years. The judges of the 
Superior Courts, elected at the first election under this amendment, 
shall be elected in like manner as is provided for justices of the 
Supreme Court, and shall hold their offices for eight years. The 
General Assembly may from time to time provide by law that the 
judges of the Superior Courts, chosen at succeeding elections, in- 
stead of being elected by the voters of the whole State, as is herein 



Constitution of The State of North Carolina 467 

provided for, shall be elected by the voters of their respective 
districts. 1 

Const. 1868; Convention 1875. 

Rodwell v. Rowland, 137-626; Tate v. Comrs., 122-663; Appendix, 114-927; 
Hargrove v. Hilliard, 72-169; Cloud v. Wilson, 72-155; University v. Mclver, 
72-76; Loftin v. Sowers, 65-251. 

Sec. 22. Transaction of business in the Superior Courts. The 
Superior Courts shall be, at all times, open for the transaction of 
all business within their jurisdiction, except the trial of issues of 
fact requiring a jury. 

Const. 1868. 

Mott v. Comrs., 126-869; Delafield v. Construction Co., 115-21; Bynum v. 
Powe, 97-374; Comrs. v. Cook, 86-19; Harrell v. Peebles, 79-26; Hervey v. 
Edmunds, 68-234; Hunt v. Sneed, 64-180; Green v. Moore, 66-426; McAdoo 
v. Benbow, 63-463; Foard v. Alexander, 64-69. 

Sec. 23. Solicitors for each judicial district. A solicitor shall 
be elected for each judicial district by the qualified voters thereof, 
as is prescribed for members of the General Assembly, who shall 
hold office for the term of four years, and prosecute on behalf of 
the State in all criminal actions in the Superior Courts, and advise 
the officers of justice in his district. 

Const. 1868. 

Rodwell v. Rowland, 137-626; Wilson v. Jordan, 124-690; Tate v. Comrs., 
122-663. 

Sec. 24. Sheriffs and Coroners. In each county a sheriff and 
coroner shall be elected by the qualified voters thereof, as is pre- 
scribed for members of the General Assembly, and shall hold their 
offices for two years. In each township there shall be a constable 
elected in like manner by the voters thereof, who shall hold his 
office for two years. When there is no coroner in a county, the 
clerk of the Superior Court for the county may appoint one for 
special cases. In case of a vacancy existing for any cause in any 



1 To form this section, the Convention of 1875 combined with some changes 
Sees. 26 and 27 of the Constitution of 1868, which were as follows: 

"Sec. 26. The Justices of the Supreme Court shall be elected by the quali- 
fied voters of the State, as is provided for the election of members of the 
General Assembly. They shall hold their offices for eight years. The Judges 
of the Superior Courts shall be elected in like manner, and shall hold their 
offices for eight years ; but the Judges of the Superior Courts elected at the 
first election under this Constitution shall, after their election, under the 
superintendence of the Justices of the Supreme Court, be divided by lot into 
two equal classes, one of which shall hold office for four years, the other for 
eight years. 

"Sec. 27. The General Assembly may provide by law that the Judges of the 
Superior Courts, instead of being elected by the voters of the whole State, as 
is herein provided for, shall be; elected by the voters of their respective 
district." 



4G8 Constitutions 

of the offices created by this section, the commissioners of the 
county may appoint to such office for the unexpired term. 

Const. 1868: Const. 1776, s. 38. 

Rodwell v. Rowland. 137-620; Rhyne v. Lipscombe, 122-650; State v. Sigman. 
106-730; King v. McLure, 84-153; Worley v. Smith, 81-307; Wittkowsky v. 
Wasson, 69-38. 

Sec. 25. Vacancies. All vacancies occurring in the offices pro- 
vided for by this article of the Constitution shall be filled by the 
appointments of the Governor, unless otherwise provided for, and 
the appointees shall hold their places, until the next regular elec- 
tion for members of the General Assembly, when elections shall be 
held to fill such offices. If any person elected or appointed to any 
of said offices, shall neglect and fail to qualify, such offices shall be 
appointed to, held and filled as provided in case of vacancies oc- 
curring therein. All incumbents of said offices shall hold until 
their successors are qualified. 1 

Const. 1S6S; Convention 1875. 

State v. Baskerville, 141-811; Rodwell v. Rowland, 137-620; Ewart v. 
Jones, 116-570; Appendix C. S., 114-927; State v. Lewis, 107-976; Gilmer v. 
Holton, 98-26; King v. McLure, 84-153; Worley v. Smith, 81-307; Buchanan 
v. Comrs., 80-126; Hargrove v. Hilliard, 72-169; Cloud v. Wilson, 72-155; 
Nichols v. McKee, 68-429. 

Sec. 26. Terms of office of first officers. The officers elected at 
the first elections held under this Constitution shall hold their 
offices for the terms prescribed for them respectively, next ensuing 
after the next regular election for members of the General As- 
sembly. But their terms shall begin upon the approval of this 
Constitution by the Congress of the United States. 

Const. 1868. 

Opinion of Judges, 114-925; Aderholt v. McKee, 65-258; Loftin v. Sowers, 
65-254. 

Sec. 27. Jurisdiction of justices of the peace. The several jus- 
tices of the peace shall have jurisdiction, under such regulations as 
the General Assembly shall prescribe, of civil actions founded on 
contract, wherein the sum demanded shall not exceed two hundred 
dollars, and wherein the title to real estate shall not be in con- 
troversy; and all of criminal matters arising within their counties 
where the punishment cannot exceed a fine of fifty dollars or im- 
prisonment for thirty days. And the General Assembly may give 
to justices of the peace jurisdiction of other civil actions wherein 



1 This section is Sec. 31 of the Constitution of 1868 as amended by the 
Convention of 1875 by the addition of the latter portion beginning with the 
words "for members." 



Constitution op The State of North Carolina 469 

the value of the property in controversy does not exceed fifty dol- 
lars. When an issue of fact shall be joined before a justice, on 
demand of either party thereto he shall cause a jury of six men 
to be summoned, who shall try the same. The party against whom 
the judgment shall be rendered in any civil action may appeal to 
the Superior Court from the same. In all cases of a criminal 
nature the party against whom the judgment is given may appeal 
to the Superior Court, where the matter shall be heard anew. In 
all cases brought before a justice, he shall make a record of the 
proceedings, and file the same with the Clerk of the Superior Court 
for his county. 1 

Const. 1868; Convention 1875. 

Comrs. v. Sparks, 179-581; Jerome v. Setzer, 175-391; Oil Co. v. Grocery 
Co., 169-521; State v. Doster, 157-634; Wilson v. Ins. Co., 155-173; Riddle v. 
Milling Co., 150-689; Hauser v. Morrison, 146-248; State v. Bossee, 145-579; 
Duckworth v. Mull, 143-461; Brown v. Southerland, 142-614; State v. Basker- 
ville, 141-811; State v. Lytle, 138-745; State v. Moore, 136-582; State v. 
Giles, 134-735, overruling State v. Ostwalt, 118-1209; Knight v. Taylor. 
131-85; Cowell v. Gregory, 130-85; State v. Davis, 129-570; Mott v. Comrs., 
126-869; State v. White, 125-674; State v. Ray, 122-1098; Rhyne v. Lipscombe, 
122-650; Malloy v. Fayetteville, 122-480; State v. Addington, 121-540; Mc- 
Donald v. Morrow, 119-674; Harkins v. Cathey, 119-665; State v. Nelson, 119- 
801; State v. Ivie, 118-1230; Alexander v. Gibbon, 118-805; Gambling v. 
Dickey, 118-986; State v. Wynne, 116-985; Williams v. Bowling, 111-295; 
Martin v. Goode, 111-289; Slocumb v. Shingle Co., 110-24; State v. Biggers, 
108-762; Henderson v. Davis, 106-91; Durham v. Wilson, 104-598; Peck v. 
Culberson, 104-428; State v. Powell, 97-417; 86-640; Montague v. Mial, 89- 
137; Allen v. Jackson, 86-321; Morris v. Saunders, 85-140; Katzenstein v. R. 
R., 84-694; Boing v. R. R., 87-360; Hannah v. R. R., 87-351; Lutz v. Thomp- 
son, 87-334; Love v. Rhyne, 86-576; McLane v. Layton, 76-571; McAdoo v. 
Callum, 86-419; Allen v. Jackson, 86-321; Coggins v. Harrell, 86-317; Brickell 
v. Bell, 84-85; Fisher v. Webb, 84-44; State v. Dudley, 83-661; State v. Jones, 
83-659; Derr v. Stubbs, 83-559; State v. Moore, 82-659; Dalton v. Webster, 
82-282; Murphy v. McNeill, 82-221; McDonald v. Cannon, 82-247; State v. 
Edney, 80-360; Evans v. Williamson, 79-86; State v. Styles, 76-156; Heyer v. 
Beatty, 76-29; State v. Threadgill, 76-18; Nance v. R. R., 76-9; Pullen v. 
Green, 75-218; Hinton v. Davis, 75-18; Forsyth v. Bullock, 74-137; Hendrick 
v. Mayfield, 74-626; State v. Buck, 73-631; State v. Bailey, 73-70; Latham v. 
Rollins, 72-455; State v. Quick, 72-244; State v. Presley, 72-205; State v. Up- 
church, 72-148; State v. Cherry, 72-123; State v. Perry, 71-523; Templeton v. 
Summers, 71-270; State v. Vermington, 71-263; Bryin v. Rousseau, 71-194; 
Bullinger v. Marshall, 71-520; Railroad v. Sharpe, 70-510; State v. Heidelburg, 
70-496; State v. Yarborough, 70-250; Fell v. Porter, 69-140; Caldwell v. 
Beatty, 69-364; Davis v. Baker, 67-388; Froelich v. Express Co., 67-1; State 
v. Pendleton, 65-618; State v. Deaton, 65-497; Edenton v. Wool, 65-379; 
Hedgecock v. Davis, 64-650; State v. Johnson, 64-581; Wilmington v. Davis, 
63-584; Winslow v. Weith, 66-432; Durlin v. Howard, 66-433; Froniburger v. 



1 This section is Sec. 33 of the Constitution of 1868 with the following 
changes made by the Convention of 1875: Omission of the words "exclusive 
original" before "jurisdiction" in line 2 ; omission of "all" before "civil" in 
line 3; substitution of "thirty days" for "one month": addition of the sen- 
tence beginning with "And"; omission of the clauses "and, if the judgment 
shall exceed twenty-five dollars, there may be a new trial of the whole matter 
in the Appellate Court; but if the judgment shall be for twenty-five dollars. or 
less, then the case shall be heard in the Appellate Court only upon matters of 
law" after the phrase "Superior Court from the same" in line 15. 



470 Constitutions 

Lee, 66-333; State v. Pender, 66-313; Creedle v. Gibbs, 65-192- Rives v 
Guthrie, 46-84. 

See, also, C. S„ sees. 1473, 1474, 1481. 

Sec. 28. Vacancies in office of justice. When the office of jus- 
tice of the peace shall become vacant otherwise than by expiration 
of the term, and in case of a failure by the voters of any district 
to elect, the clerk of the Superior Court for the county shall ap- 
point to fill the vacancy for the unexpired term. 

Const. 1868. 

Rodwell v. Rowland, 137-628; Gilmer v. Holton, 98-26; Cloud v Wilson 
72-155. 

Sec. 29. Vacancies in office of Superior Court clerk. In case 
the office of clerk of a Superior Court for a county shall become 
vacant otherwise than by expiration of the term, and in case 
of a failure by the people to elect, the judge of the Superior Court 
for the county shall appoint to fill the vacancy until an election can 
be regularly held. 

Const. 1868. 

Rodwell v. Rowland, 137-628; White v. Murray, 126-157; Williams v. Bow- 
ling, 111-295; Martin v. Goode, 111-289. 

SEC. 30. Officers of other courts inferior to Supreme Court. In 
case the General Assembly shall establish other courts inferior to 
the Supreme Court, the presiding officers and clerk thereof shall 
be elected in such manner as the General Assembly may from time 
to time prescribe, and they shall hold their office for a term not 
exceeding eight years. 1 

Convention 1875. 

White v. Murray. 126-157; Ewart v. Jones, 116-572; State v. Weddington, 
103-364. 

SEC. 31. Removal of judges of the various courts for inability. 
Any judge of the Supreme Court, or of the Superior Courts, and 
the presiding officers of such courts inferior to the Supreme Court 
as may be established by law, may be removed from office for men- 
tal or physical inability, upon a concurrent resolution of two-thirds 
of both houses of the General Assembly. The judge or presiding 
officer against whom the General Assembly may be about to pro- 
ceed shall receive notice thereof, accompanied by a copy of the 
causes alleged for his removal, at least twenty days before the day 
on which either house of the General Assembly shall act thereon. 1 

Convention 1875. See Convention 1835, art. Ill, s. 2, cl. 1. 



1 A new section added by the Convention of 1875. 
-A new section added by the Convention of 1875. 



Constitution op The State op North Carolina 471 

Sec. 32. Removal of clerks of the various courts for inability. 
Any clerk of the Supreme Court, or of the Superior courts, or of 
such courts inferior to the Supreme Court as may be established 
by law, may be removed from office for mental or physical inability; 
the clerk of the Supreme Court by the judges of said court, the 
clerks of the Superior courts by the judge riding the district, and 
the clerks of such courts inferior to the Supreme Court as may 
be established by law by the presiding officer of said courts. The 
clerk against whom proceedings are instituted shall receive notice 
thereof, accompanied by a copy of the causes alleged for his re- 
moval, at least ten days before the day appointed to act thereon, 
and the clerk shall be entitled to an appeal to the next term of the 
Superior Court, and thence to the Supreme Court, as provided in 
other cases of appeal. 1 

Convention 1875. 

SEC. 33. Amendments not to vacate existing offices. The amend- 
ments made to the Constitution of North Carolina by this conven- 
tion shall not have the effect to vacate any office or term of office 
now existing under the Constitution of the State, and filled, or held, 
by virtue of any election or appointment under the said Constitu- 
tion, and the laws of the, State made in pursuance thereof." 

Convention 1876. 

State v. Moore, 136-581; Appendix, 114-928. 

ARTICLE V 

REVENUE AND TAXATION 

Section 1. Capitation tax; exemptions. The General Assembly 
may levy a capitation tax on every male inhabitant of the State 
over twenty-one and under fifty years of age, which said tax shall 
not exceed two dollars, and cities and towns may levy a capitation 
tax which shall not exceed one dollar. No other capitation tax 
shall be levied. The commissioners of the several counties and of 
the cities and towns may exempt from the capitation tax any spe- 
cial cases on account of poverty or infirmity. 3 

1 A new section added by the Convention of 1875. 

2 A new section added by the Convention of 1875. 

3 This section was changed in pursuance of Ch. 93, Public Laws of 1920, 
^This section was changed in pursuance of Ch. 93, Public Laws of 1920. 

extra session, from Sec. 1 in the Constitution of 1868 which was as follows: 
"The General Assembly shall levy a capitation tax on every male inhabitant 
of the State over twenty-one and under fifty years of age, which shall be 
equal on each, to the tax on property value at three hundred dollars in cash. 
The Commissioners of the several counties may exempt from capitation tax 
in special cases, on account of poverty and infirmity, and the State and 
county capitation tax combined shall never exceed two dollars on the head." 



I < 2 Constitutions 

1920, c. 93. 

Davis v. Lenoir, 178-668; R. R. v. Comrs., 178-449; Guire v. Comrs., 177- 
516; Parvin v. Comrs., 177-508; Wagstaff v. Central Highway Com., 177-354; 
R. R. v. Cherokee County, 177-86; Hill v. Lenoir County, 176-572; Bennett v. 
Comrs., 173-625; Ingram v. Johnson, 172-676; Moore v. Comrs., 172-419; Har- 
Krave v. Comrs., 168-627; Kitchin v. Wood, 154-565; Bd. of Education v. 
Comrs., 150-116; Perry v. Comrs., 148-521; R. R. v. Comrs., 148-248; R. R. v. 
Comrs., 148-220; Collie v. Comrs., 145-172; State v. Wheeler, 141-774; Pace v. 
Raleigh, 140-67; Bd. of Ed. v. Comrs., 137-313; Wingate v. Parker, 136-369; 
State v. Ballard, 122-1026; Comrs. v. Snugg, 121-409; Russell v. Ayer, 120- 
180; Williams v. Comrs., 119-520; Bd. of Ed. v. Comrs., 111-578; 107-112; 
Jones v. Comrs., 107-248 ; Redmond v. Comrs., 106-137 ; Parker v. Comrs.. 
104-168; Barksdale v. Comrs., 93-472; Cromartie v. Comrs., 87-139, 85-217; 
Clifton v. Wynne, 80-145; French v. Wilmington, 75-477; Griffin v. Comrs., 
74-701; French v. Comrs., 74-692; Brown v. Comrs., 72-388; Mauney v. Comrs., 
71-486; Brothers v. Comrs., 70-726; Street v. Comrs., 70-644; Johnson v. 
Comrs., 67-101; Sedberry v. . Comrs., 66-486; University v. Holden, 63-410; 
R. R. v. Holden, 63-400; Gardner v. Hall, 61-21. 

Sec. 2. Application of proceeds of State and county capitation 
tax. The proceeds of the State and county capitation tax shall be 
applied to the purposes of education and the support of the poor, 
but in no one year shall more than twenty-five per cent thereof be 
appropriated to the latter purpose. 

Const. 1868. 

Wagstaff v. Central Highway Com., 177-354; Hill v. Lenoir County, 176-572; 
Moose v. Comrs., 172-419; Board of Ed. v. Comrs., 150-116; Perrv v. Comrs., 
148-521; R. R. v. Comrs., 148-248; Collie v. Comrs., 145-170; State v. Wheeler, 
141-774; Crocker v. Moore, 140-432; Board of Ed. v. Comrs., 137-311; School 
Directors v. Comrs., 127-263; Bd. of Ed. v. Comrs., 113-379; Redmond v. 
Comrs., 106-137; Parker v. Comrs., 104-168; Durham v. Bostick, 72-353: 
Jacobs v. Smallwood, 63-112. 

Sec. 3. Taxation shall be by uniform rule and ad valorem; ex- 
emptions. Laws shall be passed taxing, by a uniform rule, all 
moneys, credits, investments in bonds, stocks, joint-stock companies, 
or otherwise; and, also all real and personal property, according 
to its true value in money. 

Provided, notes, mortgages, and all other evidences of indebted- 
ness or any renewal thereof, given in good faith to build, repair or 
purchase a home, when said loan does not exceed eight thousand 
dollars ($8,000), and said notes and mortgages and other evidences 
of indebtedness, or any renewal thereof, shall be made to run for 
not less than one nor more than thirty-three years, shall be exempt 
from taxation of every kind for fifty per cent of the value of the 
notes and mortgages: Provided, the holder of said note or notes 
must reside in the county where the land lies and there list it for 
taxation: Provided further, that when said notes and mortgages 
are held and taxed in the county where the home is situated, then 
the owner of the home shall be exempt from taxation of every 



Constitution of The State of North Carolina 473 

kind for fifty per cent of the value of said notes and mortgages. 
The word "home" is defined to mean lands, whether consisting of 
a building lot or a larger tract, together with all the buildings 
and outbuldings which the owner in good faith intends to use as 
, a dwelling place for himself or herself, which shall be conclusively 
established by the actual use and occupancy of such premises as 
a dwelling place of the purchaser of owner for a period of three 
months. 

The General Assembly may also tax trades, professions, fran- 
chises, and incomes: Provided, the rate of tax on incomes shall 
not in any case exceed six per cent (Q%) , and there shall be al- 
lowed the following exemptions, to be deducted from the amount 
of annual incomes, to wit: for married man with a wife living 
with him, or to a widow or widower having minor child or chil- 
dren, natural or adopted, not less than $2,000 ; to all other persons 
not less than $1,000, and there may be allowed other deductions 
(not including living expenses) so that only net incomes are taxed. 1 

Const. 1868; P. L., 1917, c. 119; P. L. Ex. S., 1920, c. 93; P. L. Ex. S., 
1924, c. 115. 

Brown v. Jackson, 179-363; Motor Corp. v. Flynt, 178-399; Bickett v. Tax 
Com., 177-433; Smith v. Wilkins, 164-135; State v. Bullock, 161-223; Comrs. 
v. Webb, 160-594; Dalton v. Brown, 159-175; State v. Williams, 158-610; 
Guano Co. v. Biddle, 158-212; Pullen v. Corp. Com., 152-548; Wolfenden v. 
Comrs., 152-83; State v. Danenburg, 151-718; Land Co. v. Smith, 151-70; R. 
R. v. New Bern, 147-165; Lumber Co. v. Smith, 146-198; Collie v. Comrs., 
145-170; State v. Wheeler, 141-773: In re Morris Estate, 138-259; State v. 
Roberson, 136-587; Plymouth v. Cooper, 135-1; Lacy v. Packing Co., 134-567; 
Jackson v. Comrs., 130-387; State v. Hunt, 129-686; State v. Carter, 129-560; 



1 Sec. 3 of the Constitution of 1868 reads as follows: 

"Sec. 3. Laws shall be passed taxing, by a uniform rule, all moneys, credits, 
investments in bonds, stocks, joint-stock companies or otherwise; and, also, 
all real and personal property, according to its true value in money. The 
General Assembly may also tax trades, professions, franchises, and incomes, 
provided that no income shall be taxed when the property, from which the in- 
come is derived, is taxed." 

The first amendment was made in pursuance of Ch. 119, Public Laws of 
1917, by the addition of the following proviso after the word "money": "Pro- 
vided, notes, mortgages, and all other evidence of indebtedness given in good 
faith for the purchase price of a home, when said purchase price does not 
exceed three thousand dollars, and said notes, mortgages, and other evidence 
of indebtedness shall be made to run for not less than five nor more than 
twenty years, shall be exempt from taxation of every kind: Provided, that 
the interest carried by such notes and mortgages shall not exceed five and 
one-half per cent." 

The second amendment was made in pursuance of Ch. 93, Public Laws of 
1920, extra session, by the repeal of the clause "provided that no income 
shall be taxed when the property, from which the income is derived, is taxed" 
and the addition of the proviso beginning with the words "Provided, the rate 
of tax on incomes." 

The third amendment was made in pursuance of Ch. 115, Public Laws of 
1924, extra session. The proviso added in 1917 was repealed and for it was 
substituted the three provisos now appearing as the second paragraph of Sec. 3. 



474 Constitutions 

State v. Irvin, 126-989; State v. Sharp, 125-631; Collins v. Pettitt, 124-727; 
State v. Ballard, 122-1026; Cobb v. Comrs., 122-307; Hilliard v. Asheville. 
118-845; Schaul v. Charlotte, 118-733; Rosenbaum v. New bern, 118-83; State 
v. Worth, 116-1007; Loan Assn. v. Comrs., 115-410; State v. Moore, 113-697; 
State v. Georgia Co., 112-34; Wiley v. Comrs., 111-400; Raleigh v. Peace, 110- 
38; State v. Wessel, 109-735; State v. Stephenson, 109-733; State v. French, 
109-722; Jones v. Comrs., 107-257; Redmond v. Comrs., 106-137; Puitt v. 
Comrs., 94-709; Holton v. Comrs., 93-430; Busbee v. Comrs., 93-143; Wilming- 
ton v. Macks, 86-91; Busbee v. Comrs., 93-143; Railroad v. Comrs., 91-454; 
Jones v. Arrington, 91-125; Cain v. Comrs., 86-8; Railroad v. Comrs., 84-504; 
Worth v. Comrs., 82-420; Worth v. Railroad, 89-301; Evans v. Comrs., 89-154; 
Belo v. Comrs., 82-415; Mowery v. Salisbury, 82-175; Hewlett v. Nutt, 79-263; 
Gatlin v. Tarboro, 78-119; Young v. Henderson, 76-420; Railroad v. Comrs., 
75-477; French v. Wilmington, 75-477; Kyle v. Comrs., 75-445; Wilson v. 
Charlotte, 74-748; Rwy. Co. v. Wilmington, 72-73; R. R. v. Comrs., 72-10; 
Ruffin v. Comrs., 69-498; Lilly v. Comrs., 69-300; .Pullen v. Comrs., 68-451; 
University v. Holden, 43-410. 

Sec 4. Restrictions upon the increase of the public debt ex- 
cept in certain contingencies. Except for the refunding of valid 
bonded debt, and except to supply a casual deficit, or for suppress- 
ing invasions or insurrections, the General Assembly shall have no 
power to contract any new debt or pecuniary obligation in behalf 
of the State to an amount exceeding in the aggregate, including the 
then existing debt recognized by the State, and deducting sinking 
funds then on hand, and the par value of the stock in the North 
Carolina Railroad Company and the Atlantic and North Carolina 
Railroad Company owned by the State, seven and one-half per cent 
of the assessed valuation of taxable property within the State as 
last fixed for taxation. 

And the General Assembly shall have no power to give or lend 
the credit of the State in aid of any person, association, or cor- 
poration, except to aid in the completion of such railroads as may 
be unfinished at the time of the adoption of this Constitution, or 
in which the State has a direct pecuniary interest, unless the sub- 
ject be submitted to a direct vote of the people of the State, and be 
approved by a majority of those who shall vote thereon. 1 

Const. 1868; P. L., 1923, c. 145. 

Comrs. v. State Treasurer, 174-141; Moran v. Comrs., 168-289; Comrs. v. 
Snuggs, 121-402; Mauney v. Comrs., 71-486; R. R. v. Jenkins, 65-173; Uni- 
versity v. Holden, 63-410; Galloway v. R. R., 65-147. 



1 The first sentence of this section was substituted in pursuance of ch. 145. 
Public Laws of 1923, for the first sentence of Sec. 5 of the Constitution of 
1868 which was as follows: "Until the bonds of the State shall be at par, 
the General Assembly shall have no power to contract any new debt or 
pecuniary obligation in behalf of the State, except to supply a casual deficit, 
or for suppressing invasion or insurrection, unless it shall in the same bill 
levy a special tax to pay the interest annually." With the repeal of Sec. 4 
of the Constitution of 1868 (ch. 85, Public Laws of 1872-73), ch. 5 became 
ch. 4 of the present Constitution. 



Constitution of The State op North Carolina 475 

Sec. 5. Property exempt from taxation. Property belonging to 
the State or to municipal corporations shall be exempt from tax- 
ation. The General Assembly may exempt cemeteries and property 
held for educational, scientific, literary, charitable, or religious pur- 
poses; also wearing apparel, arms for muster, household and 
kitchen furniture, the mechanical and agricultural implements of 
mechanics and farmers; libraries and scientific instruments, or any 
other personal property, to a value not exceeding three hundred 
dollars. 1 

Const. 1868; P. L., 1872-3, c. 83. 

Wagstaff v. Central Highway Com., 177-354; Leary v. Comrs., 172-25; 
Southern Assembly v. Palmer, 166-75; Davis v. Salisbury, 161-56; Comrs. v. 
Webb, 160-594; Corp. Com. v. Construction Co., 160-582; Bd. of Ed. v. Comrs., 
137-314; United Brethren v. Comrs., 115-489; Loan Assn. v. Comrs., 115-410; 
State v. Stevenson, 109-730; R. R. v. Comrs., 75-474, 84-504. 

Sec 6. Taxes levied for counties. The total of the State and 
county tax on property shall not exceed fifteen cents on the one 
hundred dollars value of property except when the county property 
tax is levied for a special purpose and with the special approval of 
the General Assembly, which may be done by special or general act : 
Provided, this limitation shall not apply to taxes levied for the 
maintenance of the public schools of the State for the term re- 
quired by article nine, section three, of the Constitution: Provided, 
further, the State tax shall not exceed five cents on the one hundred 
dollars value of property. 2 

P. L., 1920, c. 83. 

Comrs. v. Spitzer, 179-436. 

Sec. 7. Acts levying taxes shall state object, etc. Every act of 
the General Assembly levying a tax shall state the special object 
to which it is to be applied, and it shall be applied to no other 
purpose. 

Const. 1868. 

Parker v. Comrs., 178-92; Bd. of Ed. v. Comrs., 137-311; McCless v. Meek- 
ins, 117-34; Parker v. Comrs., 104-170; Clifton v. Wynne, 80-145; R. R. v. 
Holden, 63-410. 



1 This section, which was Sec. 6 of the Constitution of 1868, was amended 
by the insertion of the phrase "or any other personal property," in pursuance 
of ch. 83, Public Laws of 1872-73. 

- In pursuance of ch. 93, Public Laws of 1920, extra session, this section 
was substituted for the old Sec. 6 (Sec. 7 of the Constitution of 1868), which 
was as follows : "The taxes levied by the Commissioners of the several 
counties for county purposes, shall be levied in like manner with the State 
taxes, and shall never exceed the double of the State tax, except for a special 
purpose, and with the special approval of the General Assembly." 



470 Constitutions 

ARTICLE VP 

SUFFRAGE AND ELIGIBILITY TO OFFICE 

Section 1. Who may vote. Every male person born in the 
United States, and every male person who has been naturalized, 
twenty-one years of age, and possessing the qualifications set out 
in this article, shall be entitled to vote at any election by the people 
in the State, except as herein otherwise provided. 2 

P. L., 1S99, c. 218; P. L., 1900, c. 2. 

Woodall v. Highway Co., 176-377; Ingram v. Johnsop, 172-676; State v. 
Knight, 169-333; Gill v. Comrs., 160-176; Pace v. Raleigh, 140-68; Clarke v. 
Statesville, 139-492; Quinn v. Lattimore, 120-428; In re Reid, 119-641; Harris 
v. Scarborough, 110-232; Hannon v. Grizzard, 89-115; State v. Jones, 82-685; 
Lee v. Dunn, 73-595; Van Bokkelen v. Canady, 73-198; Railroad v. Comrs., 72- 
486; University v. Mclver, 72-76; Perry v. Whitaker, 71-475; Jacobs v. Small- 
wood, 63-112; Roberts v. Cannon, 20-256: 

Sec. 2. Qualifications of voters. He shall reside in the State of 
North Carolina for one year and in the precinct, ward, or other 
election district in which he offers to vote four months next pre- 
ceding the election : Provided, that removal from one precinct, 
ward or other election district to another in the same county shall 
not operate to deprive any person of the right to vote in the pre- 
cinct, ward or other election district from which he has removed 
until four months after such removal. No person who has been 
convicted, or who has confessed his guilt in open court upon indict- 
ment, of any crime the punishment of which now is, or may here- 
after be, imprisonment in the State Prison shall be permitted to 



1 Article VI was re-drafted and submitted to a popular vote, August 2, 1900, 
to become effective July 1, 1902. Ch. 218, Public Laws of 1899; ch. 2, Pud- 
lic Laws of 1900. 

2 Sec. 1 of the Constitution of 1868 was as follows: "Every male person 
born in the United States, and every male person who has been naturalized, 
twenty-one years old, or upward, who shall have resided in this State twelve 
months next preceding the election, and thirty days in the county in which he 
offers to vote, shall be deemed an elector." The Convention of 1875 changed 
"thirty" to "ninety" and added the sentence: "But no person who, upon 
conviction or confession in open court, shall be adjudged guilty of felony, or 
any other crime infamous by the laws of this State, and hereafter committed 
shall be deemed an elector, unless such person shall be restored to the rights 
of citizenship in a manner prescribed by law." In pursuance of ch. 218. Pub- 
lic Laws of 1899 and ch. 2, Public Laws of 1900, the section was amended to 
read as at present. 

The 19th - amendment to the Constitution of the United States, ratified 
August 26, 1920, provided that "the right of citizens of the United States 
to vote shall not be denied or abridged by the United States or by any State 
on account of sex." The General Assembly of North Carolina provided for 
the registration and voting of women by ch. 18, Public Laws of 1920, extra 
session. 



Constitution of The State of North Carolina 477 

vote, unless the said person shall be first restored to citizenship in 
the manner prescribed by law. 1 

Convention 1875; P. L., 1899, c. 218; P. L., 1900, c. 2, s. 2. 

State v. Windley, 178-670; Woodall v. Highway Com., 176-377; State v. 
Smith, 174-804; Watson v. R. R., 152-215; Cox v. Comrs., 146-584; Harris v. 
Scarborough, 110-232; Pace v. Raleigh, 140-68; Clarke v. Statesville, 139-492; 
Quinn v. Lattimore, 120-428; DeBerry v. Nicholson, 102-465; Van Bokkelen v. 
Canady, 73-198; Railroad v. Comrs., 72-4S6 ; Perry v. Whitaker, 71-475. 

See, also, C. S., sees. 5936, 5937. 

Sec. 3. Voter to be 'registered. Every person offering to vote 
shall be at the time a legally registered voter as herein prescribed, 
and in the manner hereafter provided by law, and the General 
Assembly of North Carolina shall enact general registration laws 
to carry into effect the provisions of this article. 2 

P. L., 1899, c. 218; P. L., 1900, c. 2, s. 3. 

Cox v. Comrs., 146-584; Pace v. Raleigh, 140-68; Harris v. Scarborough, 
110-232. 

SEC. 4. Qualifications for registration. Every person present- 
ing himself for registration shall be able to read and write any sec- 
tion of the Constitution in the English language. But no male per- 
son who was, on January 1, 1867, or at any time prior thereto, en- 
titled to vote under the laws of any State in the United States 
wherein he then resided, and no lineal descendant of any such per- 
son, shall be denied the right to register and vote at any election 
in this State by reason of his failure to possess the educational 
qualifications herein prescribed: Provided, he shall have registered 
in accordance with the terms of this section prior to December 1, 
1908. The General Assembly shall provide for the registration of 
all persons entitled to v,ote without the educational qualifications 
herein prescribed, and shall, on or before November 1, 1908, pro- 
vide for the making of a permanent record of such registration, 



1 This section was added in pursuance of ch. 218, Public Laws of 1899 and 
ch. 2, Public Laws of 1900. The first sentence read: "He shall have resided 
in the State of North Carolina for two years, in the county six months, and in 
the precinct, ward or other election district in which he offers to vote, four 
months next preceding the election." This sentence was changed to read as at 
present, in pursuance of ch. 93, Public Laws of 1920, extra session. 

2 Sec. 2 of the Constitution of 1868 was as follows: "It shall be the duty 
of the General Assembly to provide from time to time, for the registration of 
all electors, and no person shall be allowed to vote without registration, or to 
register, without first taking an oath or affirmative to support and maintain 
the Constitution and laws of the United States, and the Constitution and laws 
of North Carolina, not inconsistent therewith." This was amended to read 
as the present Sec. 3 in pursuance of ch. 218, Public Laws of 1899 and ch. 2, 
Public Laws of 1900. 

For the present registration laws, see C. S. 5939-5948. 



478 Constitutions 

and all persons so registered shall forever thereafter have the right 
to vote in all elections by the people in this State, unless disquali- 
fied under section two of this article. 1 

Const. 1868; P. L., 1899, c. 218; P. L., 1900, c. 2, s. 4. 

Ingram v. Johnson, 172-676; Moose v. Comrs., 172-419; State v. Knight, 
169-333; Perry v. Comrs., 148-521; Cox v. Comrs., 146-584; Collie v. Comrs., 
145-175; Pace v. Raleigh, 140-68; Clarke v. Statesville, 139-492; Harris v. 
Scarborough, 110-232; Hannon v. Grizzard, 89-115. 

Sec. 5. Indivisible plan; legislature intent. That this amend- 
ment to the Constitution is presented and adopted as one indivisible 
plan for the regulation of the suffrage, with the intent and purpose 
to so connect the different parts, and to make them so dependent 
upon each other that the whole shall stand or fall together. 2 

P. L., 1900, c. 2, s. 5. 

Sec. 6. Elections by people and General Assembly. All elec- 
tions by the people shall be by ballot, and all elections by the Gen- 
eral Assembly shall be viva voce. 

Const. 1868; P. L., 1899, c. 218. 

Sec 7. Eligibility to office; official oath. Every voter in North 
Carolina, except as in this article disqualified, shall be eligible to 
office, but before entering upon the duties of the office, he shall take 
and subscribe the following oath: 

"I, , do solemnly swear (or affirm) that I will 

support and maintain the Constitution and laws of the United 
States, and the Constitution and laws of North Carolina not incon- 
sistent therewith, and that I will faithfully discharge the duties of 
my office as ; so help me, God." 3 



1 This section was added in pursuance of ch. 218, Public Laws of 1899 and 
ch. 2, Public Laws of 1900. The following changes were made in pursuance 
of ch. 93, Public Laws of 1920, to make the section read as at present: The 
clause "and before he shall be entitled to vote, he shall have paid on or be- 
fore the first of May, of the year in which he proposes to vote, his poll tax 
for the previous year as prescribed by Article V, Section 1, of the Constitu- 
tion," immediately following the word "language," was stricken out; the 
proviso, "Provided, such person shall have paid his poll tax as above re- 
quired," was stricken from the end of the section. 

2 A new section added in pursuance of ch. 2, Public Laws of 1900. 

3 Sec. 4 of the Constitution of 1868 amended to become the present Sec. 7 
in pursuance of ch. 218, Public Laws of 1899 and ch. 2, Public Laws of 1900, 
was as follows : "Every voter, except as hereinafter provided, shall be eligible 
to office; but before entering upon the discharge of the duties of his office, he 

shall take and subscribe the following oath: 'I , do solemnly swear 

(or affirm) that I will support and maintain the Constitution and laws of the 
United States, and the Constitution and laws of North Carolina not incon- 
sistent therewith, and that I will faithfully discharge the duties of my office. 
So help me God.' " 



Constitution op The State of North Carolina 479 

P. L., 1899, c. 218; P. L., 1900, c. 2, s. 7. 

Cole v. Saunders, 174-112; State v. Knight, 169-333; St. v. Batement, 162- 
588. 

SEC. 8. Disqualification for office. The following classes of per- 
sons shall be disqualified for office: First, all persons who shall 
deny the being of Almighty God. Second, all persons who shall 
have been convicted, or confessed their guilt on indictment pending, 
and whether sentenced or not, or under judgment suspended, of 
an treason or felony, or of any other crime for which the punish- 
ment may be imprisonment in the penitentiary, since becoming cit- 
izens of the United States, or of corruption or malpractice in office, 
unless such person shall be restored to the rights of citizenship in 
a manner prescribed by law. 1 

P. L., 1899, c. 218; P. L., 1900, c. 2, s. 8. 

State v. Windley, 178-670; Bank v. Redwine, 171-559; State v. Knight, 169- 
333. 

Sec. 9. When this chapter operative. That this amendment to 
the Constitution shall go into effect on the first day of July, nine- 
teen hundred and two, if a majority of votes cast at the next gen- 
eral election shall be cast in favor of this suffrage amendment. 2 

P. L., 1899, c. 218; P. L., 1900, c. 2, s. 9. 

ARTICLE VII 

MUNICIPAL CORPORATIONS 

Section 1. County officers. In each county there shall be 
elected biennially by the qualified voters thereof, as provided for 
the election of members of the General Assembly, the following 
officers: A treasurer, register of deeds, surveyor, and five com- 
missioners. 

Const. 1868. 

Rhodes v. Lewis, 80-136; Van Bokkelen v. Canady, 73-198; Aderholt v. 
McKee, 65-257. 

Sec. 2. Duty of county commissioners. It shall be the duty of 
the commissioners to exercise a general supervision and control of 



1 The last sentence of this section, which was Sec. 5 of the Constitution 
of 1868, was as follows: "Second, all persons who shall have been convicted of 
treason, perjury, or of any other infamous crime, since becoming citizens of 
the United States, or of corruption, or mal-practice in office, unless such person 
shall have been legally restored to the rights of citizenship." The section 
was amended to read as the present Sec. 8 in pursuance of ch. 218, Public 
Laws of 1899 and ch. 2, Public Laws of 1900. 

2 A new section added in pursuance of ch. 218, Public Laws of 1899 and ch. 
2, Public Laws of 1900. 



480 Constitutions 

the penal and charitable institutions, schools, roads, bridges, levy- 
ing of taxes and finances of the county, as may be prescribed by 
law. The register of deeds shall be, ex officio, clerk of the board 
of commissioners. 

Const. 1868. 

Holmes v. Bullock, 178-376; Wilson v. Holding, 170-352; Comrs. v. Comrs., 
165-632; Bunch v. Comrs., 159-335; Southern Audit Co. v. McKensie, 147-461: 
Crocker v. Moore, 140-433; In re Spease Ferry, 138-219; Barrington v. Ferry 
Co., 69-165; Canal Co. v. McAllister, 74-163; Lane v. Stanley, 65-156; R. R. v. 
Holden, 63-434. 

See, also, C. S., sees. 1297, 1299, 1300. 

SEC. 3. Counties to be divded into districts. It shall be the duty 
of the commissioners first elected in each county to divide the same 
into convenient districts, to determine the boundaries and prescribe 
the name of the said districts, and to report the same to the Gen- 
eral Assembly before the first day of January, 1869. 

Const. 1868. 

Road Com. v. Comrs., 178-61; Motor Co. v. Flynt, 178-399; Wittkowsky v. 
Comrs., 150-90; Wallace v. Trustees, 84-164; Gamble v. McCrady, 75-509; 
McNeill v. Green, 75-329; Tucker v. Raleigh, 75-267; Wilson v. Charlotte, 74- 
748; Canal Co. v. McAllister, 74-159; Gray v. Comrs., 74-101; Warie v. Comrs., 
74-81; Bladen Co. v. Clarke, 73-255; Mitchell v. Trustees, 71-400; Barrington 
v. Ferry Co., 69-165; University v. Holden, 63-410; Gooch v. Gregory, 65-142; 
Lane v. Stanley, 65-153. 

Sec. 4. Townships have corporate powers. Upon the approval 
of the reports provided for in the foregoing section by the General 
Assembly, the said districts shall have corporate powers for the 
necessary purposes of local government, and shall be known as 
townships. 

Const. 1868. 

Road Com. v. Comrs., 178-61; Motor Co. v. Flynt, 178-399; Mann v. Allen, 
171-219; Jones v. New Bern, 152-64; Wittkowsky v. Comrs., 150-90 ; Crocker v. 
Moore, 140-429; Cotton Mills v. Waxhaw, 130-295; Brown v. Comrs., 100-92; 
Wallace v. Trustees, 84-164; Mitchell v. Trustees, 71-400; Payne v. Caldwell, 
65-488; Lane v. Stanley, 65-153. 

Sec. 5. Officers of townships. In each township there shall be 
biennially elected, by the qualified voters thereof, a clerk and two 
justices of the peace who shall constitute a board of trustees, and 
shall, under the supervision of the county commissioners, have 
control of the taxes and finances, roads and bridges of the town- 
ships, as may be prescribed by law. The General Assembly may 
provide for the election of a larger number of justices of the peace 
in cities and towns, and in those townships in which cities and 
towns are situated. In every township there shall also be bien- 
nially elected a school committee, consisting of three persons, whose 
duty shall be prescribed by law. 



Constitution op The State of North Carolina 481 

Const. 1868. 

Road Com. v. Comrs., 178-61; Wallace v. Trustees, 84-164; Simpson v. 
Comrs., 84-158; Mitchell v. Trustees, 71-400; Haughton v. Comrs., 70-466; 
Edenton v. Wool, 65-379; Conoley v. Harris, 64-662; Wilmington v. Davis, 
63-582. 

SEC. 6. Trustees shall assess property. The township board ,of 
trustees shall assess the taxable property of their townships and 
make return to the county commissioners for revision, as may be 
prescribed by law. The clerk shall be, ex officio, treasurer of the 
township. 

Const. 1868. 

R. R. v. Comrs, 178-449; Road Com. v. Comrs., 178-62; Guire v. Comrs.. 
177-516; Parvin v. Comrs., 177-508; Jones v. Comrs., 107-261; R. R. v. Comrs., 
84-508; R. R. v. Comrs, 82-261; Cobb v. Elizabeth City, 75-1; R. R. v. Comrs., 
72-12. 

SEC. 7. No debt or loan except by a majority of voters. No 
county, city, town or other municipal corporation shall contract any 
debt, pledge its faith or loan its credit, nor shall any tax be levied 
or collected by any officers of the same except for the necessary ex- 
penses thereof, unless by a vote of the majority of the qualified 
voters therein. 

Const. 1868. 

Comrs. v. Spitzer, 179-436; Davis v. Lenoir County, 178-668; Guire v. 
Comrs., 177-516; Parvin v. Comrs., 177-516; Hill v. Lenoir, 176-572; Williams 
v. Comrs., 176-554; Woodall v. Highway Com., 176-377; Comrs. v. Boring, 
175-105; Comrs. v. State Treasurer, 174-141; Comrs. v. Spitzer, 173-147; 
Cottrell v. Lenoir. 173-138; Archer v. Joyner, 173-75; Swindell v. Belhaven, 
173-1; Stephens v. Charlotte, 172-564; Moose v. Comrs., 172-419; Keith v. 
Lockhart, 171-451; Kinston v. Trust Co., 169-207; Hargrave v. Comrs., 168- 
626; Moran v. Comrs., 168-289; Comrs. v. Comrs.. 165-632; Sprague v. Comrs., 
165-603; Withers v. Comrs., 163-341; Pritchard v. Comrs., 160-476; Russell 
v. Troy, 159-366; Winston v. Bank, 158-512; Tripp v. Comrs., 158-180; Ellis 
v. Trustees, 156-10; Board of Trustees v. Webb, 155-379; Sanderlin v. Luken, 
152-738; Highway Com. v. Webb, 152-710; Underwood v. Ashboro, 152-641; 
Ellison v. Williamston, 152-147; Burgin v. Smith, 151-561; Hightower v. 
Raleigh, 150-569; Smith v. Belhaven, 150-156; Wittkowsky v. Comrs., 150-90; 
Hendersonville v. Jordan, 150-35; Wharton v. Greensboro, 149-62; Perry v. 
Comrs,. 148-521; Hollowell v. Borden, 148-255; R. R. v. Comrs., 148-248; R. R. 
v. Comrs., 148-220; Comrs. v. McDonald, 148-125; Comrs. v. Webb, 148-120; 
McLeod v. Comrs., 148-77; Swinson v. Mount Olive, 147-611; Wharton v. 
Greensboro, 146-356; Collie v. Comrs., 145-178; Crocker v. Moore, 140-432; 
Greensboro v. Scott, 138-184; Smith v. Trustees, 141-151; Jones v. Comrs., 
137-579; Wingate v. Parker. 136-369; Faucett v. Mount Airy, 134-1; Cotton 
Mills v. Waxhaw, 130-293; Black v. Comrs., 129-122; Broadfoot v. Fayetteville, 
128-529; State v. Irvin, 126-992; Garsed v. Greensboro, 126-161; Edgerton 
v. Water Co., 126-93; Smathers v. Comrs., 125-488; Slocomb v. Fayetteville, 
125-362; Bear v. Comrs., 124-204; Comrs. v. Payne, 123-432; Tate v. Comrs., 
122-812; Charlotte v. Shepard, 122-602; Herring v. Dixon, 122-420; Rodman 
v. Washington, 122-39: Thrift v. Elizabeth City, 122-31; Mayo v. Comrs., 
122-5; Comrs. v. Snugg, 121-403; Charlotte v. Shepard, 120-411; Williams v. 
Comrs., 119-520; Vaughn v. Comrs., 117-435 ; McCless v. Meekins, 117-34; R. R. 
v. Comrs., 116-563; Bank v. Comrs., 116-339; Bd. of Ed. v. Comrs., 113-379; 
Graded School v. Broadhurst, 109-228; R. R. v. Comrs., 109-159; Jones v. 
Comrs., 107-248; Parker v. Comrs., 104-168; Brown v. Comrs., 100-92; Rigs- 
bee v. Durham, 99-341, 98-81; Gardner v. New Bern, 98-228; Wood v. Oxford, 
97-227; McDowell v. Construction Co., 96-514; Markham v. Manning, 96-133; 



482 Constitutions 

Duke v. Brown, 96-127; Southerland v. Goldsboro, 96-49; Halcombe v. Comrs., 
89-346; Evans v. Comrs., 89-154; Shuford v. Comrs., 86-553; Norment v. 
Charlotte, 85-387; Simpson v. Comrs., 84-158; Gatlin v. Tarboro, 78-119; 
Young v. Henderson, 76-420; French v. Wilmington, 75-477; Kyle v. Comrs., 
75-445; Tucker v. Raleigh, 75-267: Wilson v. Charlotte, 74-748; French v. 
Comrs., 74-692; Van Bokkelen v. Canady, 73-198; R. R. v. Comrs., 72-486; 
Trull v. Comrs., 72-388; Weinstein v. Comrs., 71-525; Reiger v. Comrs., 70- 
319; Payne v. Caldwell, 65-488; Lane v. Stanly, 65-153; Broadnax v. Groom, 
64-244; Winslow v. Comrs., 64-218; University v. Holden, 63-410. 
See, also, C. S., sees. 1297, 2691. 

Sec. 8. No money drawn except by law. No money shall be 
drawn from any county or township treasury, except by authority 
of law. 

> Const. 1868. 

Faison v. Comrs., 171-411; Grady v. Comrs., 74-101. 

Sec. 9. Taxes to be ad valorem. All taxes levied by any county, 
city, town or township shall be uniform and ad valorem upon all 
property in the same, except property exempted by this Consti- 
tution. 

Const. 1868. 

Marshburn v. Jones, 176-516; Keith v. Lockhart, 171-451; Board of Trus- 
tees v. Webb, 155-379; Comrs. v. Webb, 160-594; Perry v. Comrs., 148-521; 
McLeod v. Comrs., 148-77; Smith v. Trustees, 141-151; Jones v. Comrs., 137- 
600; Wingate v. Parker, 136-369; Harper v. Comrs., 133-106; Winston v. Salem. 
131-404; Ins. Co. v. Stedman, 130-223; State v. Irvin, 126-993: Hilliard v. 
Asheville, 118-845; Loan Assn. v. Comrs., 115-410; Wiley v. Comrs., 111- 
397; Raleigh v. Peace, 110-32; Redmond v. Comrs., 106-122; Jones v. Comrs., 
106-122; Moore v. Comrs., 80-154; Young v. Henderson, 76-420 ; Cain v. Comrs.. 
86-15; Kyle v. Comrs., 75-447; Cobb v. Elizabeth City, 75-7; Wilson v. Char- 
lotte, 74-754; Rwy. Co. v. Wilmington, 72-73; Grady v. Comrs., 74-101; Wein- 
stein v. Comrs., 71-535; Pullen v. Raleigh, 68-451. 

See, also, C. S., sec. 2678. 

Sec. 10. When officers enter on duty. The county officers first 
elected under the provisions of this article shall enter upon their 
duties ten days after the approval of this Constitution by the Con- 
gress of the United States. 

Const. 1868. 

Sec. 11. Governor to appoint justices. The Governor shall ap- 
point a sufficient number of justices of the peace in each county, 
who shall hold their places until sections four, five and six of this 
article shall have been carried into effect. 

Const. 1868. 

Nichols v. McKee, 68-429. 

See, also, C. S., sees. 1462-1472. 

Sec. 12. Charters to remain in force until legally changed. All 
charters, ordinances and provisions relating to municipal corpora- 
tions shall remain in force until legally changed, unless incon- 
sistent with the provisions of this Constitution. 



Constitution of The State of North Carolina 483 

Const. 1868. 

Ward v. Elizabeth City, 121-1; Dare Co. v. Currituck Co., 95-189. 

SEC. 13. Debts in aid of the rebellion not to be paid. No county, 
city, town or other municipal corporation shall assume to pay, nor 
shall any tax be levied or collected for the payment of any debt, or 
the interest upon any debt, contracted directly or indirectly in aid 
or support of the rebellion. 

Const. 1868. 

Board of Trustees v. Webb, 155-379; R. R. v. Comrs., 148-220; Smith v. 
School Trustees, 141-157; Jones v. Comrs., 137-600; Wingate v. Parker, 136- 
369; Brickell v. Comrs., 81-242; Weith v. Wilmington, 68-24; Poindexter v. 
Davis, 67-112; Davis v. Poindexter, 72-441; Lance v. Hunter, 72-178; Logan 
v. Plummer, 70-388; Rand v. State, 65-194; Setzer v. Comrs., 64-516; Winslow 
v. Comrs., 64-218; Leak v. Comrs., 64-132. 

Sec. 14. Powers of General Assembly over municipal corpora- 
tions. The General Assembly shall have full power by statute to 
modify, change, or abrogate any and all of the provisions of this 
article, and substitute others in their place, except sections seven, 
nine and thirteen. 1 

Convention 1875. 

Motor Co. v. Flynt, 178-399; Road Com. v. Comrs., 178-61; Cole v. Sanders, 
174-112; Mann v. Allen, 171-219; Comrs. v. Comrs., 165-632; Bunch v. Comrs., 
159-335; Board of Trustees v. Webb, 155-379; Southern Audit Co. v. Mc- 
Kenzie, 147-461; Smith v. School Trustees, 141-157; Crocker v. Moore, 140- 
433; Jones v. Comrs., 137-600; Wingate v. Parker, 136-369; In re Spease 
Ferry, 138-220; Gattis v. Griffin, 125-334; Harris v. Wright, 121-172; Bd. of 
Ed. v. Comrs., 111-578; Sneed v. Bullock, 80-132; Jones v. Jones, 80-127. 



ARTICLE VIII 

CORPORATIONS OTHER THAN MUNICIPAL 

SECTION 1. Corporations under general laws. No corporation 
shall be created nor shall its charter be extended, altered, or 
amended by special act, except corporations for charitable, edu- 
cational, penal, or reformatory purposes that are to be and remain 
under the patronage and control of the State; but the General 
Assembly shall provide by general laws for the chartering and or- 
ganization of all corporations and for amending, extending, and 
forfeiture of all charters, except those above permitted by special 
act. All such general laws and special acts may be altered from 



1 A new section added by the Convention of 1875. 



484 Constitutions 

time to time or repealed; and the General Assembly may at any 
time by special act repeal the charter of any corporation. 1 

P. L., 1915, c. 99. In effect January 19, 1917; see Reade v. Durham. 173- 
068; Mills v. Comrs,.. 175-215; Woodall, v. Highway Co., 176-377. 

Mills v. Comrs., 175-215; Board of Education v. Comrs., 174-47; Stagg v. 
Land Co., 171-583; Mann v. Allen. 171-219; R. R. v. Oates, 164-167; Reid v. 
R. R., 162-355; Power Co. v. Whitney Co., 150-31; State v. Cantwell, 142-614; 
Coleman v. R. R., 138-354; Debnam v. Tel. Co., 126-843; Gattis v. Griffin, 125- 
334; Railroad v. Dortch, 124-673; Griffin v. Water Co., 122-210; Ward v. 
Elizabeth City, 121-1; Wilson v. Leary, 120-92; Winslow v Morton, 118-486; 
Hanstein v. Johnson. 112-253; R. R. v. Comrs., 108-60; McGowan v. Railroad, 
95-417; R. R. v. Rollins, 82-523; State v. Jones, 67-210; Clark v. Stanley, 66- 
59; R. R. v. Reid, 64-226, 155; State v. Matthews, 56-451; State v. Petway, 
55-396. 

Sec. 2. Debts of corporations, how secured. Dues from cor- 
porations shall be secured by such individual liabilities of the cor- 
porations, and other means, as may be prescribed by law. 

Const. 1868. 

Reade v. Durham, 173-668: Van Bokkelen v. Canady, 73-198. 

Sec. 3. What corporations shall include. The term "corpora- 
tion" as used in this article, shall be construed to include all associ- 
ations and joint-stock companies having any of the powers and 
privileges of corporations not possessed by individuals or partner- 
ships. And all corporations shall have the right to sue, and shall 
be subject to be sued, in all courts, in like cases as natural persons. 

Const. 1868. 

Barker v. R. R., 137-223; Hanstein v. Johnson, 112-253. 

SEC. 4. Legislature to j)rovide for organizing cities, towns, etc. 
It shall be the duty of the Legislature to provide by general laws 
for the organization of cities, towns, and incorporated villages, and 
to restrict their power of taxation, assessment, borrowing money, 
contracting debts, and loaning their credit, so as to prevent abuses 
in assessment and in contracting debts by such municipal corpora- 
tions. 2 

Const. 1868; P. L., 1915, c. 99. 

Taylor v. Greensboro, 175-423; Mills v. Comrs., 175-215; Reade v. Durham, 
173-668; Bramham v. Durham, 171-196; Winston v. Bank, 158-512; Murphy v. 



1 Sec. 1 in the Constitution of 1868 was as follows: ''Corporations may be 
formed under general laws, but shall not be created by special act, except for 
municipal purposes, and in cases where, in the judgment of the Legislature, 
the object of corporations cannot be attained under general laws. All general 
laws and special acts passed, pursuant to this section, may be altered from 
time to time or repealed." This section was stricken out and the present 
Sec. 1 substituted therefor by ch. 99, Public Laws of 1915, ratified by the 
people in November, 1916, and effective January 10, 1917. 

- Ch. 99, Public Laws of 1915, ratified by the people in November, 1916, 
and effective January 10, 1917, amended Sec. 4 of the Constitution of 1863 
to read as the present Ses. 4 by adding "by general laws" after "to provide" 
and by changing the word "assessments" to "assessment." 



Constitution of The State op North Carolina 485 

Webb, 156-402; Ellison v. Williams, 152-147; Bradshaw v. High Point, 151- 
517; Perry v. Comrs., 148-521; Cox v. Comrs., 146-584; Wingate v. Parker, 
136-369; Robinson v. Goldsboro, 135-382; Brockenbrough v. Comrs., 134-17; 
Wadsworth v. Concord, 133-587; State v. Green, 126-1032; Cotton Mills v. 
Waxhaw, 130-293; State v. Irvin, 126-993; Hutton v. Webb, 124-749; Rosen- 
baum v. Newbern, 118-84; Railway v. Railway, 114-725; Raleigh v. Peace, 110- 
32; Jones v. Comrs., 107-263; Gatlin v. Tarboro, 78-119; French v. Wilming- 
ton, 75-477; Tucker v. Raleigh, 75-267; Wilson v. Charlotte, 74-748; Van Bok- 
kelen v. Canady, 73-198; Pullen v. Raleigh, 68-451; Dellinger v. Tween, 66-206. 



ARTICLE IX 

EDUCATION 

Section 1. Education shall be encouraged. Religion, morality 
and knowledge being necessary to good government and the hap- 
piness of mankind, schools and the means of education shall for- 
ever be encouraged. 

Const. 1868; Const. 1776, Sec. 41. 

Bd. of Ed. v. Comrs., 178-305; Bd. of Ed. v. Comrs., 174-469; Comrs., v. Bd. 
of Ed., 163-404; Corp, Com. v. Construction Co., 160-582; Collie v. Comrs., 145- 
170; Green v. Owen, 125-223; Bd. of Ed. v. Comrs., 111-582; Lane v. Stanley, 
65-153; Barksdale v. Comrs., 93-472. 

Sec. 2. General Assembly shall provide for schools; separation 
of the races. The General Assembly, at its first session under this 
Constitution, shall provide by taxation and otherwise for a general 
and uniform system of public schools, wherein tuition shall be free 
of charge to all the children of the State between the ages of six 
and twenty-one years. And the children of the white race and the 
children of the colored race shall be taught in separate public 
schools; but there shall be no discrimination in favor of, or to the 
prejudice of, either race. 1 

Const. 1868; Convention 1875. 

Bd. of Ed. v. Comrs., 178-305; Bd. of Ed. v. Comrs., 174-469; Moose v. 
Comrs,. 172-419; School Comrs. v. Bd. of Ed., 169-196; Johnson v. Bd. of Ed. 
166-468; Comrs. v. Bd. of Ed., 163-404; Williams v. Bradford, 158-36; Bontiz 
v. School Trustees, 154-375; State v. Wolf, 145-440; Collie v. Comrs., 145-178; 
Lowery v. School Trustees, 140-39; Bd. of Ed. v. Comrs., 137-314; Hooker v. 
Greenville, 130-474; Bear v. Comrs., 124-213; Bd. of Ed. v. State Board, 114- 
313; Bd. of Ed. v. Comrs., 111-578; Markham v. Manning, 96-132; Puitt v. 
Comrs., 94-709; Riggsbee v. Durham, 94-800; R. R. v. Holden, 63-436. 

Sec. 3. Counties to be divaed into districts. Each county of the 
State shall be divided into a convenient number of districts, in 
which one or more public schools shall be maintained at least six 
months in every year ; and if the commissioners of any county shall 



1 The last sentence was added by the Convention of 1875. 



48G Constitutions 

fail to comply with the aforesaid requirements of this section, they 
shall be liable to indictment. 1 

Const. 1868; P. L., 1917, c. 192. 

Bd. of Ed. v. Comrs., 178-305; Hill v. Lenoir County. 176-572; Bd. of Ed. v. 
Comrs., 174-469; Bennett v. Comrs., 173-625: Bd. of Ed. v. Comrs., 150-116; 
R. R. v. Comrs., 148-220; Collie v. Comrs., ^45-172 ; Bd. of Ed. v. Comrs.. 
111-578, 113-379; Barksdale v. Comrs., 93-172. 

Sec 4. What property devoted to educational purposes. The 
proceeds of all lands that have been or hereafter may be granted 
by the United States to this State, and not otherwise appropriated 
by this State or the United States; also all moneys, stocks, bonds, 
and other property now belonging to any State fund for purposes 
of education; also the net proceeds of all sales of the swamp lands 
belonging to the State, and all other grants, gifts or devises that 
have been or hereafter may be made to the State, and not other- 
wise appropriated by the State, or by terms of the grant, gift, or 
devise, shall be paid into the State treasury, and, together with so 
much of the ordinary revenue of the State as may be by law set 
apart for that purpose, shall be faithfully appropriated for estab- 
lishing and maintaining in this State a system of free public 
schools and for no other uses or purposes whatsoever. 2 

Const. 1868; Convention 1875. 

Collie v. Comrs., 145-186; Bear v. Comrs., 124-212; McDonald v. Morrow, 
119-674; Sutton v. Phillips, 116-434; Bd. of Ed. v. Comrs., 111-578; University 
v. Holden, 63-410. 

See, also, C. S., Sec. 3480. 

Sec. 5. County school fund; proviso. All moneys, stocks, bonds, 
and other property belonging to a county school fund; also the net 
proceeds from the sale of estrays; also the clear proceeds of all 
penalties and forfeitures and of all fines collected in the several 



1 This section was amended by the substitution of "six" for "four," by 
ch. 192, Public Laws of 1917, ratified by the people in November, 1918. 

2 Sec. 4 of the Constitution of 1868, which was changed to read as the 
present Sec. 4 by the Convention of 1875, was as follows: "The proceeds of 
all land that have been, or hereafter may be granted by the United States to 
this State and not otherwise specially appropriated by the United States or 
heretofore by this State; also, all moneys, stocks, bonds, and other property 
now belonging to any fund for purposes of education ; also, the net proceeds 
that may accrue the State from sales of estrays, or from fines, penalties, and 
forfeitures; also, the proceeds of all sales of the swamp land belonging to 
the State; also, all moneys that shall be paid as an equivalent for exemption 
from military duty ; also, all grants, gifts or devises that may hereafter be 
made to this State, and not otherwise appropriated by the grant, gift or devise, 
shall be securely invested and sacredly preserved as an irreducible educational 
fund, the annual income of which, together with so much of the ordinary rev- 
enue of the State as may be necessary, shall be faithfully appropriated for 
establishing and perfecting in this State a system of free public schools, 
and for no other purposes or uses whatsoever." 



Constitution of The State of North Carolina 487 

counties for any breach of the penal or military laws of the State; 
and all moneys which shall be paid by persons as an equivalent for 
exemption from military duty, shall belong to and remain in the 
several counties, and shall be faithfully appropriated for estab- 
lishing and maintaining free public schools in the several counties 
of this State : Provided, that the amount collected in each county 
shall be annually reported to the Superintendent of Public Instruc- 
tion. 1 

Const. 1868; Convention 1875. 

In re Wiggins, 171-372; Collie v. Comrs., 145-178; State v. Maultsby, 139- 
584; School Directors v. Asheville, 137-507; Bearden v. Fullam, 129-479; 
School Directors v. Asheville, 128-249; Bd. of Ed. v. Henderson, 126-689; 
Carter v. R. R. 126-437; Godwin v. Fertilizer Works, 119-120; Sutton v. Phil- 
lips, 116-502; Burrell v. Hughes, 116-434; Bd. of Ed. v. Comrs., 111-578; 
Hodge v. R. R., 108-25; Katzenstein v. R. R., 84-688; University v. Mclver, 
72-76 

Sec. 6. Election of trustees, and provisions for maintenance, of 
University. The General Assembly shall have power to provide for 
the election of trustees of the University of North Carolina, in 
whom, when chosen, shall be vested all the privileges, rights, fran- 
chises and endowments thereof in anywise granted to or conferred 
upon the trustees of said University; and the General Assembly 
may make such provisions, laws and regulations, from time to time, 
as may be necessary and expedient for the maintenance and man- 
agement of said University. 2 

P. L., 1872-3, c. 86. See Const. 1776, Sec. 41. 

Finger v. Hunter, 130-529; Brewer v. University, 110-26; University v. R. 
R. ( 76-103; University v. Mclver, 72-76. 

Sec 7. Benefits of the University. The General Assembly shall 
provide that the benefits of the University, as far as practicable, be 
extended to the youth of the State free of expense for tuition; also, 
that all the property which has heretofore accrued to the State, or 
shall hereafter accrue, from escheats, unclaimed dividends, or dis- 
tributive shares of the estate of deceased persons, shall be appro- 
priated to the use of the University. 

Const. 1868. 

University v. R. R., 76-103; University v. Maultsby, 43-257. 



1 A new section added by the Convention of 1875. 

2 In pursuance of ch. 86, Public Laws of 1872-73, this Sec. 6 was substi- 
tuted for Sec. 5 of the Constitution of 1868, which was as follows: "The 
University of North Carolina, with its lands, emoluments and franchises, is 
under the control of the State, and shall be held to an inseparable connection 
with the free public school system of the State." 



488 Constitutions 

Sec. 8. Board of Education. The Governor, Lieutenant-Gover- 
nor, Secretary of State, Treasurer, Auditor, Superintendent of 
Public Instruction, and Attorney-General shall constitute a State 
Board of Education. 

Const. 1868. 

Sec. 9. President and secretary. The Governor shall be presi- 
dent and the Superintendent of Public Instruction shall be secre- 
tary of the Board of Education. 

Const. 1868. 

Sec. 10. Powers of the board. The Board of Education shall 
succeed to all the powers and trusts of the president and directors 
of the Literary Fund of North Carolina, and shall have full power 
to legislate and make all needful rules and regulations in relation 
to free public schools and the educational fund of the State, but all 
acts, rules and regulations of said board may be altered, amended 
or repealed by the General Assembly, and when so altered, amended 
or repealed they shall not be reenacted by the board. 

Const. 1868. 

Board v. Makely, 139-34; Dosh v. Lumber Co., 128-85; Bd. of Ed. v. State 
Board, 114-317. 

Sec. 11. First session of the board. The first session of the 
Board of Education shall be held in the capital of the State within 
fifteen days after the organization of the State government under 
this Constitution; the time of future meetings may be determined 
by the board. 

Const. 1868. 

Sec. 12. Quorum. A majority of the board shall constitute a 
quorum for the transaction of business. 

Const. 1868. 

Sec. 13. Expenses. The contingent expenses of the board shall 
be provided by the General Assembly. 

Const. 1868. 

Ewart v. Jones, 116-578. 

Sec 14. Agricultural department. As soon as practicable after 
the adoption of this Constitution, the General Assembly shall es- 
tablish and maintain, in connection with the University, a depart- 
ment of agriculture, of mechanics, of mining, and of normal in- 
struction. 

Const. 1868. 

Chemical Co. v. Board of Agriculture, 111-136. 



Constitution of The State of North Carolina 489 

Sec. 15. Children must attend school. The General Assembly 
is hereby empowered to enact that every child, of sufficient mental 
and physical ability, shall attend the public schools during the 
period between the ages of six and eighteen years, for a term of 
not less than sixteen months, unless educated by other means. 

Const. 1868. 

State v. Wolf. 145-440; Bear v. Comrs., 124-212. 

ARTICLE X 

HOMESTEADS AND EXEMPTIONS 

SECTION 1. Exceptions of personal property. The personal 
property of any resident of this State, to the value of five hundred 
dollars, to be selected by such resident, shall be and is hereby ex- 
empted from sale under executive or ether final process of any 
court, issued for the collection of any debt. 

Const. 1868. 

Befarrah v. Spell, 178-231; Grocery Co. v. Bails, 177-298; Gardner v. Mc- 
Connaughey, 157-481; Cromer v. Self, 149-164; McKeithan v. Blue, 142-352; 
Lynn v. Cotton Mills, 130-621; Chitty v. Chitty, 118-647; Lockhart v. Bear, 
117-301; Jones v. Alsbrook, 115-49; Wilmington v. Sprunt, 114-310; Dickens 
v. Long, 109-165; Shepherd v. Murrill, 90-208; Slaughter v. Winfrey, 85-159; 
Smith v. McMillan, 84-583; Durham v. Speeke, 82-87; Gheen v. Summey, 85- 
187; Gamble v. Rhyne, 80-183; Earle v. Hardie, 80-177; Richardson v. Wicker, 
80-172; Welch v. Macy, 78-240; Pemberton v. McRae, 75-497; Vann v. B. & L. 
Assn., 75-494; Gaster v. Hardie, 75-460; Comrs. v. Riley, 75-144; Curlee v. 
Thomas, 74-51; Duvall v. Rollins, 71-218; Garrett v. Cheshire, 69-396; Burns 
v. Harris, 67-140, 66-509; Dellinger v.' Tweed, 66-206; Watts v. Leggett, 66- 
197; Johnson v. Cross, 66-167; Horton v. McCall, 66-159; McKeithan v. Terry. 
64-25; Hill v. Kessler, 63-437; Dean v. King, 35-20. 

See, also, C. S., Sec. 728. 

Sec 2. Homestead. Every homestead, and the dwellings and 
buildings used therewith, not exceeding in value one thousand dol- 
lars, to be selected by the owner thereof, or in lieu thereof, at the 
option of the owner, any lot in a city, town or village, with the 
dwelling and buildings used thereon, owned and occupied by any 
resident of this State, and not exceeding the value of one thousand 
dollars, shall be exempt from sale under execution or other final 
process obtained on any debt. But no property shall be exempt 
from sale for taxes, or for payment of obligations contracted for 
the purchase of said premises. 

Const. 1868. 

Kirkwood v. Peden, 173-460; Sash Co. v. Parker, 153-130; Simmons v. 
Respass, 151-5; Carpenter v. Duke, 144-291; McKeithan v. Blue, 142-352; 
Smith v. Bruton, 137-79; Vann v. Edwards, 135-661; Joyner v. Snugg, 132- 
580; Cawfield v. Owens, 129-286, 130-643; Lynn v. Cotton Mills, 130-621; 
Finger v. Hunter, 130-529; Watts ex parte, 130-237; Vann v. Edwards. 128- 



4 ( JU Constitutions 

428; Coffin v. Smith, 128-255; Tiddy v. Graves, 126-620, 127-503; Toms v. 
Flack, 127-423; Brinkley v. Ballance, 126-396; McLamb v. McPhail, 126-618; 
Jennings v. Hinton, 126-48; Walton v. Bristol, 125-419; Weathers v. Borders, 
124-615; Slocumb v. Ray, 123-571; Moore v. Wolf, 122-716; McGowan v. 
McGowan, 122-168; Campbell v. Potts, 119-533; Chitty v. Chitty, 118-647; 
Springer v. Colwell, 116-520; Jones v. Alsbrook, 115-52; Gardner v. Batts, 
114-496; Fulton v. Roberts, 113-421; Vanstory v. Thornton, 112-196; Lovick 
v. Life Assn., 110-93; Tucker v. Tucker, 110-333; Vanstory v. Thornton, 110- 
10; Dickens v. Long, 109-169; Tucker v. Tucker, 108-237; Long v. Walker, 
105-116; Ducker v. Wilson, 104-595; Hardy v. Carr, 104-33; Peck v. Culber- 
son, 104-425; Hughes v. Hodges, 102-252; Jones v. Briton, 102-168; Lee v. 
Moseley, 101-311; Miller v. Miller, 89-402; Mebane v. Layton, 89-395; Camp- 
bell v. White, 95-491; Toms v. Fite, 93-274; Wilson v. Patton, 87-318; Butler 
v. Stainback, 87-216; Burton v. Spiers, 87-87; Cumming v. Bloodworth, 87-83; 
Murchison v. Plyler, 87-79; Gill v. Edwards, 87-76; Gregory v. Ellis, 86-579; 
Grant v. Edwards, 86-513; McDonald v. Dickson, 85-248; Wyche v. Wyche, 
85-96; Smith v. High, 85-93; Gamble v. Watterson, 83-573; Watkins v. Overby, 
83-165; Adrian v. Shaw, 82-474; Murphy v. McNeill, 82-221; Bruce v. Strick- 
land, 81-267; Gheen v. Summey, 80-169; Richardson v. Wicker, 80-172; Whar- 
ton v. Leggett, 80-169; Suit v. Suit, 78-272; Bank v. Green, 78-247; Spoon v. 
Reid, 78-244; Bunting v. Jones, 78-242; Welsh v. Macy, 78-240; Littlejohn v. 
Egerton, 77-379; Pemberton v. McRae, 75-497; Edwards v. Kearsey, 75-411; 
Comrs. v. Riley, 75-144; Brodie v. Batchelor, 75-51; Whitaker v. Elliott, 73- 
186; Abbott v. Cromartie, 72-292; Branch ex parte, 72-106; McAfee v. Bettis, 
72-28; Mayho v. Cotton, 69-289; Hagar v. Nixon, 69-108; Crummen v. Ben- 
nett, 68-494; Cheatham v. Jones, 68-153; Martin v. Hughes, 67-293; Dellinger 
v. Tweed, 66-206; Watts v. Leggett, 66-197; Ladd v. Adams, 66-164; Poe v. 
Hardie, 65-447; Lute v. Reilly, 65-20; Sluder v. Rogers, 64-289; McKeithan v. 
Terry, 64-25. 

See, also C. S., Sec. 728. 

Sec. 3. Homestead exemption from debt. The homestead, after 
the death of the owner thereof, shall be exempt from the payment 
of any debt during the minority of his children, or any of them. 

Const. 1868. 

Simmons v. Respass, 151-5; Joyner v. Sugg, 132-580; Jackson v. Comrs., 
130-387; Spence v. Goodman, 128-273; Bruton v. McRae, 125-201; Chitty v. 
Chitty, 118-647; Stern v. Lee, 115-430; Duckers v. Long, 112-317; Vanstory v. 
Thornton, 112-218; Hughes v. Hodges, 102-252; Jones v. Britton, 102-168; 
Saylor v. Powell, 90-202; Gregory v. Ellis, 86-597; Gamble v. Watterson, 83- 
573; Simpson v. Wallace, 83-477; Wharton v. Leggett, 80-169; Welch v. Macy, 
78-240; Beavan v. Speed, 74-544; Allen v. Shields, 72-504; Hagar v. Nixon, 
69-108; Poe v. Hardie, 65-447; Hill v. Kessler, 63-437. 

Sec. 4. Laborer's lien. The provisions of sections one and two 
of this article shall not be so construed as to prevent a laborer's 
lien for work done and performed for the person claiming such 
exemption, or a mechanic's lien for work done on the premises. 

Const. 1868. 

Isler v. Dixon, 140-530; Vann v. Edwards, 128-425; Broyhill v. Gaither, 119- 
443; Paper Co. v. Chronicle, 115-146; McMillan v. Williams, 109-252; Cum- 
ming v. Bloodworth, 87-83. 

Sec 5. Benefit of widow. If the owner of a homestead die, 
leaving a widow but no children, the same shall be exempt from 
the debts of her husband, and the rents and profits thereof shall 
inure to her benefit during her' widowhood, unless she be the owner 
of a homestead in her own right. 



Constitution of The State of North Carolina 491 

Const. 1868. 

Caudle v. Morris, 160-168; Thomas v. Bunch, 158-175; Fulp v. Brown, 153- 
531- Simmons v. Respass, 151-5; Joyner v. Suggs, 132-580; Spence v. Good- 
win, 128-277; Campbell v. Potts, 119-532; Vanstory v. Thornton, 112-218; 
Tucker v. Tucker, 108-237; Hughes v. Hodges, 102-252; Jones v. Britton, 
102-168; Saylor v. Powell, 90-202; Simpson v. Wallace, 83-477; Richardson v. 
Wicker, 80-172 ; Wharton v. Leggett, 80-169; Beaven v. Speed, 74-544; Hagar 
v. Nixon, 69-108; Watts v. Leggett, 66-197; Johnson v. Cross, 66-167; Poe v. 
Hardie, 65-447. 

See, also, C. S., Sec. 748. 

Sec. 6. Property of married women secured to them. The real 
and personal property of any female in this State acquired before 
marriage, and all property, real and personal, to which she may, 
after marriage, become in any manner entitled, shall be and re- 
main the sole and separate estate and property of such female, 
and shall not be liable for any debts, obligations or engagements 
of her husband, and may be devised and bequeathed, and, with 
the written assent of her husband, conveyed by her as if she were 
unmarried. 

Const. 1868. _ 

Sills v. Bethea, 178-315; Lancaster v. Lancaster, 178-22; Deese v. Deese, 
176-527; Freeman v. Lide, 176-434; Stallings v. Walker, 176-321; Gooch 
v. Bank, 176-213; Kilpatrick v. Kilpatrick, 176-182; Everett v. Ballard, 
174-16; Freeman v. Belfer, 173-581; Satterwhite v. Gallagher, 173-525; 
Graves v. Johnson, 172-176; McCurry v. Purgason, 170-463; Warren v. Dail, 
170-406; Butler v. Butler, 169-584; Royal v. Southerland, 168-405; Patter- 
son v. Franklin, 168-75; McKinnon v. Caulk, 167-411; Norwood v. Totten, 
166-648; Jackson v. Beard, 162-105; Greenville v. Gornto, 161-341; Sipe 
v. Herman, 161-107; Flanner v. Flanner, 160-126; Rea v. Rea, 156-529; 
Council v. Pridgen, 153-443: Richardson v. Richardson, 150-549; Jones v. 
Smith, 149-317; State v. Robinson, 143-620; Hodgin v. R. R., 143-93; Ball 
v. Paquin, 140-88; Smith v. Bruton, 137-83; Vann v. Edwards, 135-661; 
Perkins v. Brinkley, 133-154; State v. Jones, 132-1046; Hallyburton v. 
Slagle, 132-947; Ray v. Long, 132-891; Finger v. Hunter, 130-529; Watts 
ex parte, 130-237; Cawfield v. Owens, 129-286; Vann v. Edwards, 128-428; 
Coffin v. Smith, 128-255; Tiddy v. Graves. 126-620, 127-503; Toms v. Flack, 
127-423; Brinkley v. Ballance. 126-396; McLamb v. McPhail, 126-218; Jen- 
nings v. Hinton, 126-48; Walton v. Bristol, 125-419; Weathers v. Borders. 
124-615; Strather v. R. R., 123-198; Slocumb v. Ray, 123-571; Moore v. Wolf, 
122-716; McLeod v. Williams, 122-455; Green v. Bennett, 120-396; Barrett 
v Barrett, 120-131; Houck v. Somers, 118-611; Hall v. Walker, 118-380; 
Bank v. Howell, 118-273; Kirby v. Boyette, 118-258, 116-165; Bates v. Salton, 
117-101; Zimmerman v. Robinson, 114-39; Strouse v. Cohen, 113-349; Jones v. 
Coffey, 109-515; Walker v. Long, 109-510; Thompson v. Wiggins, 109-508; 
Osborne v. Withers, 108-677: Kirkpatrick v. Holmes, 108-209; Ferguson v. 
Kinsland, 93-337; Southerland v. Hunter, 93-310; Long v. Barnes, 87-329; 
Cecil v. Smith, 81-285; O'Connor v. Harris, 81-279; Hall v. Short, 81-273; 
Holliday v. McMillan, 79-315; Manning v. Manning, 79-300; Manning v. 
Manning, 79-293; Kirkman v. Bank, 77-394; King v. Little, 77-138; Atkinson 
v. Richardson, 74-455; Rountree v. Gay, 74-447; Pippen v. Wesson, 74-437; 
Purvis v. Carstaphan, 73-575: Harris v. Jenkins, 72-183; Shuler v. Milsaps, 
71-297; Teague v. Downs, 69-280; Woody v. Smith, 65-116; Rowland v. Perry, 
64-578. 

See, also, C. S., Sec. 2506, et seq. 

Sec 7. Husband may insure his life for the benefit of wife 
and children. The husband may insure his own life for the sole 



492 Constitutions 

use and benefit of his wife and children, and in case of the death 
of the husband the amount thus insured shall be paid over to the 
wife and children, or to the guardian, if under age, for her or 
their own use, free from all the claims of the representatives of 
her husband, or any of his creditors. 

Const. 1868. 

Herring v. Sutton, 129-112; Hooker v. Sugg, 102-115; Burton v. Fairin- 
holt, 86-260; Burwell v. Snow, 107-82. 

Sec. 8. How deed for homestead may be made. Nothing con- 
tained in the foregoing sections of this article shall operate to 
prevent the owner of a homestead from disposing of the same by 
deed; but no deed made by the owner of a household shall be valid 
without the voluntary signature and assent of his wife, signified 
on her private examination according ot law. 

Const. 1868. - A<J 

Power Co. v. Power Co., 168-219; Dalrymple v. Cole, 156-353, 170-102; 
Davenport v. Fleming, 154-291; Sash Co. v. Parker, 153-130; Ball v. Paquin, 
140-97; Joyner v. Sugg, 132-580; Cawfield v. Owen, 129-286, 130-644; Spence 
v. Goodwin, 128-276; Jordan v. Newsome, 126-558; Wittkowsky v. Gidney, 
124-437; McLeod v. Williams. 122-455; Bevan v. Ellis, 121-224; Barrett v. 
Barrett, 120-131; Chitty v. Chitty, 118-648; Thomas v. Fulford, 117-673; 
Shaffer v. Bledsoe, 117-144; Stern v. Lee, 115-442; Allen v. Volen, 114-564; 
Vanstory v. Thornton, 112-196; Leak v. Gay, 107-482; Long v. Walker, 105- 
116; Hughes v. Hodges, 102-252; Adrian v. Shaw, 82-474; Littlejohn v. Eger- 
ton, 76-468; Beavan v. Speed, 74-544; Lambert v. Kinnery, 74-348; Mayho v. 
Cotton, 69-289; Poe v. Hardie, 65-447. 

See, also, C. S., Sec. 729. 

ARTICLE XI 

PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES 

Section 1. Punishments; convict labor; proviso. The following 
punishments only shall be known to the laws of this State, viz.: 
Death, imprisonment with or without hard labor, fines, removal 
from office, and disqualification to hold and enjoy any office of 
honor, trust or profit under this State. The foregoing provision 
for imprisonment with hard labor shall be constructed to authorize 
the employment of such convict labor on public works or highways, 
or other labor for public benefit, and the farming out thereof, 
where and in such manner as may be provided by law; but no con- 
vict shall be farmed out who has been sentenced on a charge of 
murder, manslaughter, rape, attempt to commit rape, or arson: 
Provided, that no convict whose labor may be farmed out shall be 
punished for any failure of duty as a laborer, except by a respon- 
sible officer of the State; but the convict so farmed out shall be at 



Constitution of The State of North Carolina 493 

all times under the supervision and control, as to their government 
and discipline, of the penitentiary board or some officer of this 
State. 1 

Const. 1868; Convention 1875. 

State v. Nipper, 166-272; State v. Young, 138-574; State v. Burke, 73-83; 
State v. King, 69-419. 

Sec. 2. Death punishment. The object of punishments being 
not only to satisfy justice, but also to reform the offender, and 
thus prevent crime, murder , aj : ^OT^bui^lary_and rape r a nd these 
only, may be punishable with death, if the General Assembly shall 
so enact. 

Const. 1868. 

State v. Burnett. 179-735; State v. Lytle, 138-744; State v. Burke, 73-83; 
State v. King, 69-419. 

Sec. 3. Penitentiary. The General Assembly shall, at its first 
meeting, make provision for the erection and conduct of a State's 
prison or penitentiary, at some central and accessible point within 
the State. 

Const. 1868. 

Day's Case, 124-367; Welker v. Bledsoe, 68-457; R. R. v. Holden, 63-436. 

Sec. 4. Houses of correction. The General Assembly may pro- 
vide for the erection of houses of correction, where vagrants and 
persons guilty of misdemeanors shall be restrained and usefully 
employed. 

Const. 1868. 

In re Watson, 157-340; Moffitt v. Asheville, 103-237. 

Sec. 5. Houses of refuge. A house or houses of refuge may be 
established whenever the public interest may require it, for the 
correction and instruction of other classes of offenders. 

Const. 1868. 

Sec. 6. The sexes to be separated. It shall be required, by com- 
petent legislation, that the structure and superintendence of penal 
institutions of the State, the county jails, and city police prisons 
secure the health and comfort of the prisoners, and that male and 
female prisoners be never confined in the same room or cell. 

Const. 1868. 

Moffitt v. Asheville, 103-237. 

Sec. 7. Provision for the poor and orphans. Beneficent provi- 
sion for the poor, the unfortunate and orphan, being one of the 



1 All of this section after the first sentence was added by the Convention 
of 1875. 



494 Constitutions 

first duties of a civilized and Christian state, the General Assembly 
shall, at its first session, appoint and define the duties of a Board 
of Public Charities, to whom shall be entrusted the supervision of 
all charitable and penal State institutions, and who shall annually 
report to the Governor upon their condition, with suggestions for 
their improvement. 

Const. 1868. 

Comrs. v. Spitzer, 173-147; Bd. of Ed. v. Comrs., 137-314; Miller v. Atkin- 
son, 63-540. 

Sec. 8. Orphan houses. There shall also, as soon as practicable, 
be measures devised by the State for the establishment of one or 
more orphan houses, where destitute orphans may be cared for, 
educated, and taught some business or trade. 

Const. 1868. 

Miller v. Atkinson, 63-537. 

Sec. 9. Inebriates and idiots. It shall be the duty of the Legis- 
lature, as soon as practicable, to devise means for the education 
of idiots and inebriates. 

Const. 1868. 

Board of Education v. State Board, 114-313. 

Sec. 10. Deaf-mutes, blind and insane. The General Assembly 
may provide that the indigent deaf-mute, blind and insane of the 
State shall be cared for at the charge of the State. 1 

Const. 1868; P. L., 1879, Chs. 254, 314. 

In re Boyette, 136-418; Hospital v. Fountain, 128-25; In re Hybart, 119-359. 

Sec. 11. Self-supporting . It shall be steadily kept in view by 
the Legislature and the Board of Public Charities that all penal 
and charitable institutions should be made as nearly self-support- 
ing as is consistent with the purposes of their creation. 

Const. 1868. 

ARTICLE XII 

MILITIA 

Section 1. Who are liable to militia duty. All able-bodied male 
citizens of the State of North Carolina, between the ages of twenty- 
one and forty years, who are citizens of the United States, shall 
be liable to duty in the militia : Provided, that all persons who may 



1 This section was inserted, in pursuance of Chs. 254 and 314, Public Laws 
of 1879, in lieu of Sec. 10 of the Constitution of 1868 which was as follows: 
"The General Assembly shall provide that all the deaf mutes, the blind, and 
the insane of the State, shall be cared for at the charge of the state." 



Constitution of The State op North Carolina 495 

be averse to bearing arms, from religious scruples, shall be exempt 
therefrom. 

Const. 1868. \ 

Sec. 2. Organizing, etc. The General Assembly shall provide 
for the organizing, arming, equipping and discipline of the militia, 
and for paying the same, when called into active service. 

Const. 1868. 

Winslow v. Morton, 118-486; Worth v. Comrs., 118-112. 

Sec. 3. Governor Commander-in-Chief . The Governor shall he 
Commander-in-Chief, and shall have power to call out the militia 
to execute the law, suppress riots or insurrection, and to repel 
invasion. 

Const. 1868. 

Winslow v. Morton, 118-486; Worth v. Comrs., 118-112. 

Sec. 4. Exemptions. The General Assembly shall have power 
to make such exemptions as may be deemed necessary, and to enact 
laws that may be expedient for the government of the militia. 

Const. 1868. 

ARTICLE XIII 

AMENDMENTS 

Section 1. Convention, how called. No convention of the peo- 
ple of this State shall ever be called by the General Assembly 
unless by the concurrence of two-thirds of all the members of each 
house of the General Assembly and except the proposition, conven- 
tion or no convention, be first submitted to the qualified voters of 
the whole State, at the next general election, in a manner to be pre- 
scribed by law. And should a majority of the votes cast be in 
favor of said convention, it shall assemble on such day as may 
be prescribed by the General Assembly. 1 

Const. 1868; Convention 1875; Convention 1835; art. 4, sec. 1. 
Moose v. Comrs., 172-461. 

Sec. 2. How the Constitution may be altered. No part of the 
Constitution of this State shall be altered unless a bill to alter the 
same shall have been agreed to by three-fifths of each house of 
the General Assembly. And the amendment or amendments so 
agreed to shall be submitted at the next general election to the 



1 The Convention of 1875 added the word "ever" after "shall" in line 2 and 
all of the section after the words "General Assembly" in line 4. 



•MKJ Constitutions 

qualified voters of the whole State, in such manner as may be 
prescribed by law. And in the event of their adoption by a major- 
ity of the votes cast, such amendment or amendments shall become 
a part of the Constitution of this State. 1 

Const. 1868; Convention 1875; Convention 1835, art. 4, sec. 1. 
Reade v. Durham, 173-668; Moose v. Comrs., 172-461; University v Mclver 
72-76. 

ARTICLE XIV 

MISCELLANEOUS 

Section 1. Indictments. All indictments which shall have been 
found, or may hereafter be found, for any crime or offense com- 
mitted before this Constitution takes effect, may be proceeded upon 
in the proper courts, but no punishment shall be inflicted which is 
forbidden by this Constitution. 

Const. 1868. 

Debnam v. Tel. Co., 126-835; Morris v. Hauser, 125-559; Day's Case, 124- 
365; State v. Moore, 120-567. 

Sec. 2. Penalty for fighting duel. No person who shall here- 
after fight a duel, or assist in the same as a second, or send, accept, 
or knowingly carry a challenge therefor, or agree to go out of the 
State to fight a duel, shall hold any office in this State. 

Const. 1868. 

Cole v. Sanders, 174-112; State v. Lord, 145-479. 

Sec. 3. Drawing money. No money shall be drawn from the 
treasury but in consequence of appropriations made by law; and 
an accurate account of the receipts and expenditures of the public 
money shall be annually published. 

Const. 1868. 

Martin v. Clark, 135-180; White v. Auditor, 126-602; White v. Hill, 125-200; 
Garner v. Worth, 122-252; Cotton Mills v. Comrs., 108-685. 



1 Sec. 2 of the Constitution of 1868, amended by the Convention of 1875 
to read as the present Sec. 2, was as follows: "No part of the Constitution 
of this State shall be altered, unless a bill to alter the same shall have been 
read three times in each House of the General Assembly and agreed to by 
three-fifths of the whole number of members of each House respectively ; nor 
shall any alteration take place until the bill, so agreed to, shall have been pub- 
lished six months previous to a new election of members to the General As- 
sembly. If, after such publication, the alteration proposed by the preceding 
General Assembly shall be agreed to, in the first session thereafter, by two- 
thirds of the whole representation in each House of the General Assembly, 
after the same shall have been read three times on three several days in each 
House, then the said General Assembly shall prescribe a mode by which the 
amendment or amendments may be submitted to the qualified voters of the 
House of Representatives throughout the State; and if, upon comparing the 
votes given in the whole State, it shall appear that a majority of the voters 
voting thereon have approved thereof, then, and not otherwise, the same shall 
become a part of the Constitution." 



Constitution of The State of North Carolina 497 

Sec. 4. Mechanic's lien. The General Assembly shall provide, 
by proper legislation, for giving to mechanics and laborers an ade- 
quate lien on the subject-matter of their labor. 

Const. 1868. 

Mfg. Co. v. Andrews, 165-285; Moore v. Industrial Co., 138-306; Finger v. 
Hunter, 130-529; Tedder v. R. R., 124-344; Lester v. Houston, 101-605; 
Whitaker v. Smith, 81-341. 

Sec 5. Governor to make appointments. In the absence of any 
contrary provision, all officers of the State, whether heretofore 
elected or appointed by the Governor, shall hold their positions only 
until other appointments are made by the Governor, or, if the offi- 
cers are elective, until their successors shall have been chosen and 
duly qualified according to the provisions of this Constitution. 

Const. 1868. 

Markham v. Simpson, 175-135. 

Sec 6. Seat of government. The seat of government in this 
State shall remain at the city of Raleigh. 

Const. 1868. 

Sec 7. Holding office. No person who shall hold any office or 
place of trust or profit under the United States, or any department 
thereof, or under this State, or under any other state or govern- 
ment, shall hold or exercise any other office or place of trust or 
profit under the authority of this State, or be eligible to a seat in 
either house of the General Assembly: Provided, that nothing 
herein contained shall extend to officers in the militia, justices of 
the peace, commissioners of public charities or commissioners for 
special purposes. 1 

Const. 1868; P. L., 1872-3, c. 88; Convention 1835, art. 4, sec. 4. 

Kendall v. Stafford, 178-461; Cole v. Sanders, 174-112; Bank v. Redwine, 
171-559; State v. Knight, 169-333; Graves v. Barden, 169-8; Whitehead v. 
Pittman, 165-89; Midgett v. Gray, 158-133; McCullers v. Comrs., 158-75; 
State v. Lord, 145-479; State v. Smith, 145-476; Dunham v. Anders, 128-207; 
White v. Murrary, 126-153; Dowtin v. Beardsley, 126-116; Barnhill v. Thomp- 
son, 122-493; Wood v. Bellamy, 120-223; Harkins v. Cathey, 119-659; Bank 
v. Worth, 117-152; McNeill v. Somers, 96-467; Doyle v. Raleigh, 89-133. 

See, also, C. S., sec. 3200. 

Sec 8. Intermarriage of whites and negroes prohibited. All 
marriages between a white person and a negro, or between a white 



1 Sec. 7 of the Constitution of 1868, amended in pursuance of Ch. 88, Pub- 
lic Laws of 1872-73, to read as the present Sec. 7, was as follows: "No per- 
son shall hold more than one lucrative office under the State, at the same 
time: Provided, That officers in the Militia, Justices of the Peace, Commis- 
sioners of Public Charities, and Commissioners appointed for special pur- 
poses, shall not be considered officers within the meaning of this section." 



498 Constitutions 

person and a person of negro descent to the third generation in- 
clusive, are hereby forever prohibited. 1 

Convention 1875. 

Johnson v. Bd. of Ed., 166-468; Ashe v. Mfg. Co., 154-241; Ferrall v. 
Ferrall, 153-174; Hopkins v. Bowers, 111-175. 



1 A new section added by the Convention of 1875. 



Index to The Constitution of North Carolina 499 

Index to the Constitution of North Carolina 

; 

Abuses in assessments and contracting debts by municipal corporations, gen- 
eral assembly to prevent. A. 8, S. 4. 

Actions at law and equity suits, no distinction. A. 4, S. 1. 
pending when constitution took effect. A. 4, S. 20. 

Acts of general assembly, style of. A. 2, S. 21. 

levying taxes, must state object. A. 5, S. 7. 
Agricultural department. A. 3, S. 17. 

in connection with university. A. 9, S. 14. 
Alimony, general assembly does not secure. A. 2, S. 10. 
Allegiance to United States government. A. 1, S. 5. 
Alleys, laws authorizing, etc. A. 2, S. 29. 

Amendments. A. 13. 

do not vacate existing office. A. 4, S. 33. 
Answer to criminal charge. A. 1, S. 12. 

Apportionment of senators and representatives. A. 2, SS. 4, 5, 6. 
Arms, right to bear. A. 1, S. 24. 

Article seven, general assembly may modify or repeal certain sections. A. 7, 
S. 14. 

Assemblage, right of. A. 1, S. 25. 

Assessment or collection of taxes, extending time for. A. 2, S. 29. 

Attorney-General advises executive. A. 3, S. 14. 
duties of. A. 3, S. 13. 

Auditor, duties of. A. 3, S. 13. 

Bail, excessive. A. 1, S. 14. 

Ballot, elections to be by. A. 6, S. 6. 

Bills of general assembly, read three times. A. 2, S. 23. 

Blind provided for. A. 11, S. 10. 

Board of charities. A. 11, S. 7. 

Boundaries of state. A. 1, S. 34. 

Bridges, laws relating to. A. 2, S. 29. 

Capital punishment. A. 11, S. 2. 

Capitation tax. A. 5, S. 1. 

application of proceeds from. A. 5, S. 2. 

exemptions. A. 5, S. 1. 
Cemeteries, laws relating to. A. 2, S. 29. 
Charities, public. A. 11. 

deaf-mutes and the blind. A. 11, S. 10. 

idiots and inebriates. A. 11, S. 9. 

provisions for orphans and the poor. A. 11, S. 7. 

self-supporting as far as possible. A. 11, S. 11. 
Cities, laws changing names of. A. 2, S. 29. 

organized by legislation. A. 8, S. 4. 

Citizenship, restoration to. A. 2, S. 11. 

Civil and criminal actions. A. 4, S. 1. 

Claims against the state. A. 4, S. 9. 

Clerk of superior court, election of. A. 4, S. 16. 
removal for inability. A. 4, S. 32. 
terms of office of. A. 4, S. 17. 

Clerk of supreme court. A. 4, S. 15. 

removal of. A. 4, S. 32. 

term of office of. A. 4, S. 15. 
Collection of taxes, extending time for. A. 2, S. 29. 



500 Constitutions 

Collector of taxes, law relieving. A. 2, S. 29. 

Communications. A. 3, S. 6. 

Compulsory education, general assembly may provide. A. 9, S. 15. 

Concealed weapons, carrying not justified. A. 1, S. 24. 

Constitution, how changed. A. 13, S. 2. 

Controversies at law about property. A. 1, S. 19. 

Convention, how called. A. 13. 

Convict labor. A. 11, S. 1. 

Coroner and sheriff. A. 4, S. 24. 

Corporations, municipal. A. 7. 

charters remain in force till legally changed. A. 7, S. 12. 
power of general assembly over. A. 7, S. 14; A. 8, S. 4. 

Corporations other than municipal. A. 8. 
debts of, how secured. A. 8, S. 2. 
special charters prohibited. A. 8, S. 1. 

Correction, houses of. A. 11, S. 4. 

Council of state. A. 3, S. 14. 

Counsel allowed defendant. A. 1, S. 11. 

Counties, commissioners divide into districts. A. 7, S. 3. 

districts have corporate powers as townships. A. 7, S. 4. 

majority of voters necessary to levy taxes, etc. A. 7, S. 7. 

money, how drawn from treasury. A. 7, S. 8. 

officers enter on duty, when. A. 7, S. 10. 
of townships. A. 7, S. 5. 

school districts. A. 9, S. 3. 
fund. A. 9, S. 5. 
Counties, taxes to be ad valorem. A. 7, S. 9. 

township trustees assess property. A. 7, S. 6. 

County treasurer. A. 7, S. 1. 

County commissioners, election and duty of. A. 7, SS. 1, 2. 

Courts to be open. A. 1, S. 35. 

inferior, laws relating to establishment of. A. 2, S. 29; A. 4, S. 12. 

kinds of. A. 4, S. 2. 
Criminal and civil action. A. 4, S. 1. 

courts for cities and towns. A. 4, S. 14. 

prosecutions. A. 1, S. 11. 

Criminal charges, answer to. A. 1, S. 12. 
Deaf-mutes provided for. A. 11, S. 10. 
Death punishment. A. 11, S. 2. 
Debt does not affect homestead. A. 10, S. 3. 

county, city or town cannot contract, except by majority of qualified 
voters. A. 7, S. 7. 

imprisonment for. A. 1, S. 16. 

in aid of rebellion, void. A. 7, S. 13. 

restrictions upon increase of public, etc. A. 5, S. 4. 

what bonds declared invalid. A. 1, S. 6. 
Declaration of rights. A. 1. 
Deeds, laws giving effect to. A. 2, S. 29. 
Department of Agriculture. A. 3, S. 17. 
Disqualification for office. A. 6, S. 8 ; A. 14, S. 7. 

dueling disqualifies. A. 14, S. 2. 
Divorce, general assembly does not grant. A. 2, S. 10. 

Education, board of. A. 9, S. 8. 

county school fund. A. 9, S. 5. 
encouraged. A. 1, S. 27 ; A. 9, S. 1. 
expenses. A. 9, S. 13. 



Index to The Constitution of North Carolina 501 

first session of. A. 9, S. 11. 

officers. A. 9, S. 9. 

power of. A. 9, S. 10. 

property devoted to. A. 9, SS. 4, 5. 

quorum. A. 9, S. 12. 

Election of officers by general assembly, viva voce. A. 2, S. 9. 

Elections, by people by ballot and by general assembly, viva voce. A. 6, S. 6. 

contested, returns of. A. 3, S. 3. 

fee. A. 1, S. 10. 

frequent. A. 1, S. 28. 
Electors, qualifications of. A. 6, SS. 1, 2, 3. 

registration of. A. 6, SS. 3, 4. 

Eligibility to office. A. 6. 

Emergency judges. A. 4, S. 11. 

Emoluments, exclusive, none. A. 1, S. 7. 
hereditary. A. 1, S. 30. 

Entails to be regulated. A. 2, S. IB. 

Enumeration of rights not to impair others retained by people. A. 1, S. 37. 
Equity suits and actions at law, distinction abolished. A. 4, S. 1. 
pending when constitution took effect. A. 4, S. 20. 

Evidence against himself, criminal not compelled to give. A. 1, S. 11. 
Executive, attorney-general advises. A. 3, S. 14. 
department of. A. 3. 

distinct. A. 1, S. 8. 
officers. A. 3, S. 1. 

compensation. A. 3, S. 15. 

duties. A. 3, S. 13. 

reports of. A. 3, S. 7. 

terms of office of. A. 3, S. 1. 
seal of state. A. 3. S. 16. 
vacancy in, how filled. A. 3, S. 13. 

Exemption, personal property. A. 10, S. 1. 

by reason of military duty, etc. A. 12, S. 4. 

property of feme covert not liable for husband's debts. A. 10, S. 6. 

Ex post facto laws. A. 1, S. 32. 

Extra session of general assembly. A. 3, S. 9. 

Feigned issues abolished. A. 4, S. 1. 

Ferries, laws relating to. A. 2, S. 29. 

Fines, excessive. A. 1, S. 14. 

laws remitting fines, etc. A. 2, S. 29. 
Forfeitures, laws remitting. A. 2, S. 29. 
Freedom of the press. A. 1, S. 20. 

Fundamental principles, frequent recurrence to. A. 1, S. 29. 
General assembly, acts, style of. A. 2, S. 21. 

article seven may be modified or repealed by. A. 7, S. 14. 

bills and resolutions read three times. A. 2, S. 23. 

compulsory education may be enforced by. A. 9, S. 15. 
. elections by, to be viva voce. A. 6, S. 6. 

entails regulated by. A. 2, S. 15. 

extra sessions. A. 2, S. 28; A. 3, S. 9. 

journals kept. A. 2, S. 16. 

protest entered on. A. 2, S. 17. 

General assembly, meetings of, when. A. 2, S. 2. 

members, election for, when. A. 2, S. 27. 

oath of. A. 2, S. 24. 
office a disqualification. A. 14, S. 7. 
terms commence with election. A. 2, S. 25. 
vacancies, how filled. A. 2, S. 13. 



502 Constitutions 

municipal corporations controlled by. A. 7, S. 14. 

names, personal, not changed by. A. 2, S. 11. 

non-navigable streams, laws relating to. A. 2, S. 29. 

officers of, election, viva voce. A. 2, S. 9. 

pay of. A. 2, S. 28. 

president of senate. A. 2, S. 19. 

speaker of house. A. 2, S. 18. 

powers of. A. 2, S. 22. 

in relation to divorce and alimony. A. 2, S. 10. 

in relation to private or special legislation. A. 2, S. 29. 

representation apportioned by. A. 2, SS. 4, 5. 

revenue. A. 2, S. 14. 

schools provided by. A. 9, S. 2. 

university to be maintained by. A. 9, SS. 6, 7. 

use of sinking fund, by, regulated. A. 2, S. 30. 

yeas and nays. A. 2, SS. 14, 26. 
Government, allegiance to United States. A. 1, S. 5. 

internal, of state. A. 1, S. 3. , 

origin of. A. 1, S. 2. 

seat of, remains at Raleigh. A. 14, S. 6. 
Governor, commands militia. A. 3, S. 8. 

commutations, pardons, reprieves. A. 3, S. 6. 

compensation. A. 3, S. 15. 

duties performed by the lieutenant-governor, when. A. 3, S. 12. 

extra sessions called by. A. 3, S. 9. 

impeachment of. A. 3, S. 12. 

justices of peace, appointed by, when. A. 7, S. 11. 

lieutenant, qualification of. A. 3, S. 2. 

oath of office. A. 3, S. 4. 

officers appointed by. A. 3, S. 10; A. 14, S. 5. 

qualifications of. A. 3, S. 2. 

resident of. A. 3, S. 5. 

vacancy in office of. A. 3, S. 12. 

Health, laws relating to. A. 2, S. 29. 

Habeas Corpus. A. 1, S. 21. 
Hereditary emoluments. A. 1, S. 30. 
Highways, laws authorizing, etc. A. 2, S. 29. 
Homestead and exemption. A. 10, S. 2. 

benefit of widow in. A. 10, S. 5. 

exempted from debt. A. 10, S. 3. 

laborer's lien attaches. A. 10, S. 4. 

notes, exempt from tax. A. 5, S. 3. 

privy examination of wife to dispose of. A. 10, S. 8. 
Houses of correction. A. 11, S. 4. 
Houses of refuge. A. 11, S. 5. 

House of Representatives, representatives, apportionment. A. 2, S. 5. 

officers of. A. 2, S. 18. 

qualification for. A. 2, S. 8. 

ratio of. A. 2, S. 6. 

term begins when. A. 2, S. 25. 
Husband can insure life for benefit of family. A. 10, S. 7. 
Idiots provided for. A. 11, S. 9. 
Immigration, department of. A. 3, S. 17. 
Impeachment. A. 4, S. 4. 

court of. A. 4, S. 3. 

of governor. A. 3, S. 12. 

Imprisonment for debt. A. 1, S. 16. 

except by law, wrong. A. 1, S. 17. 
income tax. A. 5, S. 3. 

Indictments for crime committed before constitution took effect. A. 14, S. 1. 



Index to The Constitution of North Carolina 503 



Inebriates. A. 11, S. 9. 
Inferior courts. A. 4, S. 12. 

officers of. A. 4, S. 30. 
Insane provided for. A. 11, S. 10. 
Institutions, charitable. A. 11. 

penal. A. 11. 

public, annual reports from. A. 3, S. 7. 

self-supporting as far as possible. A. 11, S. 11. 

sexes to be separated. A. 11, S. 6. 
Instruction, superintendent of public. A. 3, S. 13. 
Intermarriage of whites and negroes prohibited. A. 14, S. 8. 
Internal government of state. A. 1, S. 3. 
Issues of fact, by whom tried and how waived. A. 4, S. 13. 

Judges, election, terms of, etc. A. 4, S. 21. 
fees, salaries, emoluments. A. 4, S. 18. 
removal of, for inability. A. 4, S. 31. 
residence of. A. 4, S. 11. 
special or emergency. A. 4, S. 11. 

Judicial department. A. 4. 

districts for superior courts. A. 4, S. 10. 

general assembly not to deprive of jurisdiction. A. 4, S. 12. 

powers, division of. A. 4, S. 2. 

terms of first officers under constitution. A. 4, S. 26. 

vacancies. A. 4, S. 25. 
Judicial remedy, allowed all. A. 1, S. 35. 
Judiciary distinct. A. 1, S. 8. 
Jurisdiction, courts inferior to supreme. A. 4, S. 12. 

justices of the peace. A. 4, S. 27. 

supreme court. A. 4, S. 8. 

Jurors, laws relating to pay of. A. 2, S. 29. 

Jury, right of. A. 1, S. 13. 

sacred and inviolable. A. 1, S. 19. 
trial by, waived. A. 4, S. 13. 

Justices of the peace, governor appoints, when. A. 7, S. 11. 

jurisdiction of. A. 4, S. 27. 

laws relating to appointment of. A. 2, S. 29. 

vacancies in office. A. 4, S. 28. 

Labor, etc., laws regulating. A. 2, S. 29. 

Laborers' and mechanics' lien. A. 14, S. 4. 
attaches to homestead. A. 10, S. 4. 

Law of the land, no person imprisoned, or deprived of life, etc., but by. 

S. 17. 
Laws, ex post facto and retrospective. A. 1, S. 32. 

private, thirty days notice before passage. A. 2, S. 12. 

what in force. A. 4, S. 19. 

Legislative department .distinct. A. 1, S. 8. 

Legislature, two branches of. A. 2, S. 1. 

provide for organizing towns, etc. A. 8, S. 4. 
trials other than jury. A. 1, S. 13. 

Legitimation, general assembly can pass general laws for. A. 2, S. 11. 

Liberty, deprivation of, except by law. A. 1, S. 17. 

religious. A. 1, S. 26. 

restraint of, remedied. A. 1, S. 18. 

warrants without evidence, dangerous to. A. 1, S. 15. 

Lien of laborers and mechanics. A. 14, S. 4. 

Lieutenant-governor, president of senate, duties of. A. 3, S. 11. 
when governor. A. 3, S. 12. 



504 Constitutions 

Literary fund, board of education to succeed to rights of. A. 9, S. 10. 

Local legislation prohibited. A. 2, S. 29. 

Manufacturing, laws regulating. A. 2, S. 29. 

Marriages between whites and negroes forbidden. A. 14, S. 8. 

Married woman, husband can insure life for benefit of. A. 10, S. 7. 

privy examination of to dispose of homestead. A. 10, S. 8. 

property of, not liable for husband's debts. A. 10, S. 6. 
Mechanics' lien. A. 14, S. 4. 
Men, equality, rights of. A. 1, S. 1. 
Militia. A. 1, S. 24; A. 12. 

exemptions from duty. A. 12, S. 4. 

governor commands. A. 3, S. 8; A. 12, S. 3. 

organization of. A. 12, S. 2. 

who liable to bear arms. A. 12, S. 1. 
Mining, laws regulating. A. 2, S. 29. 
Money, hcrw drawn from state treasury. A. 14, S. 3. 

county or township treasury. A. 7, S. 8. 

paid into treasury, refunding. A. 2, S. 29. 
Monopolies are injurious. A. 1, S. 31. 
Mortgages given for price of home, etc. A. 5, S. 3. 
Municipal corporations. A. 7. 

cannot contract debt except by majority of qualified voters. A. 7, S. 7. 

charters remain in force till changed. A. 7, S. 12. 

general assembly to provide for organization of; taxation, etc., by. A. 8, 
o. 4 . 

power of general assembly over. A. 7, S. 14; A. 8, S. 4. 

special charter prohibited. A. 8, S. 4. 

Names of cities, towns and townships, laws changing. A. 2, S. 29. 

Names, personal, how changed. A. 2, S. 11. 

Normal school, to be maintained by general assembly at university. A. 9, S. 14. 

Notes given for price of home, not taxable. A. 5, S. 3. 

Nuisances, laws relating to abatement of. A. 2, S. 29. 

Oath of governor. A. 3, S. 4. 

Oath of member of general assembly. A. 2, S. 24. 

Oath of office. A. 6, S. 7. 

Office, cannot hold two. A. 14, S. 7. 

disqualification. A. 6, S. 8. 

dueling disqualifies for. A. 14, S. 2. 

eligibility to. A. 6. 

qualification, property, none. A. 1, S. 22. 
Officers, county. A. 7, SS. 1, 10. 

first elected. A. 4, S. 26. 

what, appointed by governor. A. 3, S. 10; A. 14, S. 5. 
Orphans, houses for. A. 11, S. 8. 

provisions for. A. 11, S. 7. 

Pardons. A. 3, S. 6. 

Peace, soldiers quartered in time of. A. 1, S. 36. 

Penalties, laws remitting. A. 2, S. 29. 
Penitentiary. A. 11, S. 3. 

convict labor. A. 11, S.. 1. 

self-supporting as far as possible. A. 11, S. 11. 

sexes separated. A. 11, S. 6. 

People, right of, to assemble together. A. 1, S. 26. 
Perpetuities, injurious. A. 1, S. 31. 

general assembly shall prevent. A. 2, S. 16. 



Index to The Constitution of North Carolina 505 

Political power and government. A. 1, S. 2. 

societies in secret dangerous. A. 1, S. 25. 

Poll tax. A. 5, S. 1. 

Poor, provision for. A. 11, S. 7. 

Power of general assembly. A. 2, S. 22. 

to suspend laws injurious. A. 1, S. 9. 
Powers, executive, judicial and legislative, distinct. A. 1, S. 8. 

judicial, division of. A. 4, S. 2. 

Press, freedom and abuse of. A. 1, S. 20. 

Principles, recurrence to fundamental. A. 1, S. 29. 

Prisoners, health and comfort secured. A. 11, S. 6. 

Private laws. A. 2, SS. 11, 12. 

local or special legislation. A. 2, S. 29. 

Privileges exclusive, none. A. 1, S. 7. 

Property, controversies at law about. A. 1, S. 19. 

deprivation of, except by law, wrong. A. 1, S. 17. 

devoted to education. A. 9, S. 4. 

exemptions from taxation. A. 5, S. 5. 

qualifications, none. A. 1, S. 22. 

Prosecution, criminal. A. 1, S. 11. 

Protest, against act or resolves, by whom and when made. A. 2, S. 17. 

Public debt, increase of, restricted, etc. A. 5, S. 4. 
what bonds declared invalid. A. 1, S. 6. 

Public money, how drawn. A. 14, S. 3. 

Public schools, general assembly to provide for. A. 9, S. 2. 

Punishment, penal institutions and public charities. A. 11. 

cruel or unusual. A. 1, S. 14; A. 14, S. 1. 
Qualification and election of members of general assembly, each house judge of. 

A. 2, S. 22. 
Rebellion, debt in aid of, not to be paid. A. 7, S. 13. 
Recurrence to fundamental principles. A. 1, S. 29. 
Refuge, houses of. A. 11, S. 5. 
Register of deeds. A. 7, S. 1. 
Registration of electors. A. 6, SS. 3, 4. 

Religious liberty. A. 1, S. 26. 

scruples against bearing arms. A. 12, S. 1. 

Removal of judges. A. 4, S. 31. 

of clerks. A. 4, S. 32. 
Representation and taxation. A. 1, S. 23. 
Reprieves. A. 3, S, 6. 
Retrospective laws. A. 1, S. 32. 
Revenue. A. 2, S. 14; A. 5. 

Right of assemblage. A. 1, S. 25. 

of jury. A. 1, S. 13. 

of secession, none. A. 1, S. 4. 
to bear arms. A. 1, S. 24. 

to suspend laws, injurious. A. 1, S. 9. 
Rights, declaration of. A. 1. 

of men. A. 1, SS. 1, 37. 
Salaries and fees of officers of judicial department, general assembly regulates. 

A. 4, S. 18. 
Sanitation, laws relating to. A. 2, S. 29. 

School districts, laws establishing or changing lines. A. 2, S. 29. 
Schools, attendance of children. A. 9, S. 15. 

county, divided into districts. A. 9, S. 3. 



506 Constitutions 

fund. A. 9, S. 5. 

provided by legislature. A. 9, S. 2. 

races separate. A. 9, S. 2. 

term, six months required. A. 9, S. 3. 
Seal of state. A. 3, S. 16. 

Search warrants without evidence, wrong. A. 1, S. 15. 
Seat of government at Raleigh. A. 14, S. 6. 
Seccession, no right of. A. 1, S. 4. 
Secretary of State, duties of. A. 3, S. 13. 
Senate, presiding officer. A. 2, S. 19. 

pro tcm, speaker, when elected. A. 2, S. 20. 
Senators, number of. A. 2, S. 3. 

president of. A. 2, S. 19. 

qualifications for. A. 2, S. 7. 

regulating senatorial districts. A. 2, S. 4. 

senatorial officers. A. 2, S. 20. 
Separation of governmental powers. A. 1, S. 8. 
Sexes separated in confinement. A. 11, S. 6. 
Sheriff and coroner. A. 4, S. 24. 
Sinking funds, regulation of use. A. 2, S. 30. 
Slavery prohibited. A. 1, S. 33. 

Societies, secret political, dangerous. A. 1, S. 25. 
Soldiers, how quartered. A. 1, S. 36. 
Solicitor, how elected. A. 4, S. 23. 
Special courts. A. 4, S. 14. 

Special legislation, powers of general assembly as to. A. 2, S. 29. 
State boundaries. A. 1, S. 34. 

claims against. A. 4, S. 9. 

internal government. A. 1, S. 3. 
Statistics, department of. A. 3, S. 17. 
Streets, laws authorizing, etc. A. 2, S. 29. 
Suffrage and eligibility to office. A. 6. 
Superintendent of Public Instruction. A. 3, S. 13. 

reports of county schoool fund to be made. A. 9. S. 5. 
Superior court, open at all times except for jury trials. A. 4, S. 22. 

clerk, his election. A. 4, S. 16. 

removal from office. A. 4, S. 32. 
term. A. 4, S. 17. 

vacancy. A. 4, SS. 2, 9. 

districts. A. 4, S. 10. 

Judges, election and term. A. 4, S. 21. 
residence. A. 4, S. 11. 
rotation. A. 4, S. 11. 

solicitor for each district. A. 4, S. 23. 

special term. A. 4, S. 11. 

terms, annually in counties. A. 4, S. 10. 

transcation of business, to be open for. A. 4, S. 22. 
Supreme court clerk. A. 4, S. 15. 

clerk, removal from office. A. 4, S. 32. 

jurisdiction. A. 4, SS. 8, 9. 

justices. A. 4, S. 6. 

election and terms of. A. 4, S. 21. 

terms of. A. 4, S. 7. 

Surveyor, county. A. 7, S. 1. 

Suspending laws without consent of representatives, forbidden. A. 1, S. 9. 
Taxation, ad valorem and uniform. A. 5, S. 3. 
and revenue. A. 1, S. 23; A. 5. 



Index to The Constitution op North Carolina 507 

except for necessary expenses, not levied by county, city or town without 
assent of majority of voters. A. 7, S. 7. 

homestead notes exempt. A. 5, S. 3. 

income. A. 5, S. 3. 

levied by county commissioners. A. 5, S. 6. 

of county to be ad valorem. A. 7, S. 9. 

of purchase and sales retrospectively not to be passed. A. 1, S. 32. 

property exemptions from. A. 5, S. 5. 

Taxes, acts to levy, to state object. A. 5, S. 7. 

Towns, etc., organized by legislature. A. 8, S. 4. 

Towns, laws changing names of. A. 2, S. 29. 

Townships, officers of. A. 7, S. 5. 

laws changing names of. A. 2, S. 29. 
laws erecting, changing lines. A. 2, S. 29. 

Trade, laws regulating. A. 2, S. 29. 
Trials on against state. A. 4, S. 5. 
Treasurer, duties of. A. 3, S. 13. 

University, agricultural department of, mechanics, mining and normal instruc- 
tion connected with. A. 9, S. 14. 

benefits of. A. 9, S. 7. 

election of trustees. A. 9, S. 6. 

general assembly shall maintain. A. 9, S. 7. 

maintenance of. A. 9, S. 6. 

property devoted to. A. 9, S. 7. 
Vacancies in general assembly. A. 2, S. 13. 

other. A. 3, SS. 12, 13; A. 4, SS. 25, 28, 29. 
Vagrants, houses of correction for. A. 11, S. 4. 
Warrants without evidence injurious. A. 1, S. 15. 
Whites and negroes cannot intermarry. A. 14, S. 8. 

separated in schools. A. 9, S. 2. 

Widow, homestead benefits. A. 10, S. 5. 
Wills, laws giving effect to. A. 2, S. 29. 
Yeas and nays, when entered. A. 2, SS. 14, 26. 



PART XI 



CENSUS 



1. Population and Area of the Several States and 

Territories, 1910-1920. 

2. Population (Estimated) of North Carolina, 1675- 

1786. 

3. Census of North Carolina, 1790-1840. 

4. Census of North Carolina, 1850-1920. 

5. Population of North Carolina Cities and Towns, 

1900-1920. 

6. North Carolina Counties and County Seats. 

7. Summary of North Carolina's Economic Progress. 

1900-1927. 



Population and Area of United States 



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