North Carolina. Secretary of State.

North Carolina manual [serial] (Volume 1967) online

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Senate and House of Representatives.

Sec. 2. Time of assembly. The Senate and House of Representa-
tives shall meet biennially on the first Wednesday after the first
Monday in February next after their election, unless a different day-
shall be provided by law; and when assembled, shall be denomi-
nated the General Assembly. Neither house shall proceed upon
public business unless a majority of all the members are actually
present.

Sec. 3. Number of senators. The Senate shall be composed of
fifty Senators, biennially chosen by ballot.

Sec 4. Regulations in relation to districting the State for Sena-
tors. The Senate Districts shall be so altered by the General
Assembly, at the first Session after the return of every enumera-
tion 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 forma-
tion of a Senate District, unless such county shall be equitably
entitled to two or more Senators.



Constitution 55

Sec. 5. Regulations in relation to apportionment of Representa-
tives. The House of Representatives shall be composed of 120 Rep-
resentatives, biennially chosen by ballot, to be elected by the counties
respectively, according to their population, 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 Speaker of the House of
Representatives at the first regular Session of the General Assembly
convening after the return of every enumeration by order of Con-
gress. The formula set out in Section 6 of this Article shall be
applied by the Speaker and the new apportionment entered on the
Journal of the House of Representatives on or before the fiOth
calendar day of the Session. When so entered, the new apportion-
ment shall have the same force and effect as an Act of the General
Assembly, and shall become effective at the next election for members
of the General Assembly.

Sec. 6. Ratio of representation. In making the apportionment
in the House of Representatives, the ratio of representation shall
he 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
population of the State, by the number of Representatives, less
the number 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 twice 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
tractions.

Sec. 7. Qualifications for Senators. Each member of the Senate
shall not be less than twenty-five years of age, shall have resided
in the State as a citizen two years, and shall have usually resided
in the district for which he was chosen one year immediately pre-
ceding his election.

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 tor
one year immediately preceding his election.



56 North Carolina Manual

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.

Sec. 10. Powers in relation to divorce and alimony. The General
Assemblj 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.

Sec. 11. Private laics 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 an infamous crime, but shall have power
to pass general laws regulating the same.

Sec. VI. Thirty days notice shall be given anterior to passage
of private lairs. 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.

Sec. 13. Vacancies. If a vacancy shall occur in the General
Assembly by death, resignation or otherwise, the said vacancy shall
be filled immediately by the Governor appointing the person recom-
mended by the executive committee of the county in which the
deceased or resigned member was resident, being the executive com-
mittee of the political party with which the deceased or resigned
member was affiliated at the time of his election.

Sec. 14. Ren iikc. 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 to 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.

Sec. 15. Entails. The General Assembly shall regulate entails in
such a manner as to prevent perpetuities.

Sec. IK. Journals. Each house shall keep a journal of its pro-



Constitution 57

ceedings, which shall be printed and made public immediately after
the adjournment of the General Assembly.

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 reasons for his dissent
entered on the journal.

Sec. 18. Officers of the House. The House of Representatives
shall choose their own Speaker and other officers.

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.

Sec. 20. Other senatorial officers. The Senate shall elect from
its membership a President Pro Tempore, who shall become Presi-
dent of the Senate upon the failure of the Lieutenant-Governor-elect
to qualify, or upon succession by the Lieutenant-Governor to the
office of Governor, or upon the death, resignation, or removal from
office of the President of the Senate, and who shall serve until the
expiration of his term of office as Senator.

During the physical or mental incapacity of the President of the
Senate to perform the duties of his office, or during the absence of
the President of the Senate, the President Pro Tempore shall pre-
side over the Senate. The Senate shall elect its other officers.

Sec. 21. Style of the acts. The style of the acts shall be: "The
General Assembly of North Carolina do enact."

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 be
passed into laws; and the two houses may also jointly adjourn
to any future day, or other place.

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.

Sec. 24. Oath of members. Each member of the General Assem-
bly, 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



Xdiiiii Carolina Manual

faithfully discharge his duty as a member of the Senate or House
of Representatives.

Sec. 25. Terms of office. The terms of office for Senators and
members of the House of Representatives shall commence at the
t ime of their elect ion.

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.

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
imu 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 years thereafter. But the General Assembly may change the
time of holding the elections.

Sec. 28. Pay of members and presiding officers of tin General
Assembly. 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 fifteen dollars ($15.00) per day
tor each day of their session for a period not exceeding 120 days.

The compensation of the presiding officers of the two houses shall
).e twenty dollars ($20.00) per day for a period not exceeding
120 days. Should an extra session of the General Assembly be
called, the members and presiding officers shall receive a like rate
of compensation for a pereiod not exceeding 25 days. The members
and presiding officers shall also receive, while engaged in legis-
lative duties, such subsistence and travel allowance as shall be
established by law: provided, such allowances shall not exceed
rhose established for members of State boards and commissions
generally.

Sec. 2!ยป. Limitations upon power of General Assembly to enact
private or special legislation. The General Assembly shall not pass
any local, private or special act or resolution relating to health, sani-
tation, and the abatement of nuisances, changing the names of
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



Constitution 59

streams: relating to cemeteries; relating to the pay of jurors;
erecting new townships, or changing township lines, or establish-
ing or changing the lines of school districts; remitting fines, penal-
ties, and forfeitures, or refunding moneys legally paid into the
public treasury; regulating labor, trade, mining, or manufacturing;
extending the time for the assessment or collection of taxes or
otherwise relieving any collector of taxes from the due performance
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 of 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.

Sec. 3<>. Inviolability of sinking funds. The General Assembly
shall not use nor authorize to be used any part of the amount of
any sinking fund for any purpose other than the retirement of the
bonds for which said sinking fund has been created.

Sec. 31. Use of funds of Teachers' and State Employees' Retire-
ment System restricted. The General Assembly shall not use or
authorize to be used, nor shall any agency of the State, public
officer or public employee use or authorize to be used the funds,
or any part of the funds, of the Teachers' and State Employees'
Retirement System except for retirement system purposes. The
funds for the Teachers' and State Employees' Retirement System
shall not be applied, diverted, loaned to or used by the State, any
State agency, State officer, public officer or employee except for
purposes of the Retirement System: Provided, that nothing in this
Section shall prohibit the use of said funds for the payment of
benefits as authorized by the Teachers' and State Employees' Re-
tirement Law, nor shall anything in this provision prohibit the
proper investment of said funds as may be authorized by law.

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



60 North Carolina Manual

Superintendent of Public Instruction, an Attorney General, a Com-
missioner of Agriculture, a Commissioner of Labor, and a Com-
missioner of Insurance, who shall be elected for a term of four
years by the qualified electors of the State, at the same time and
places 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 alter 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
Stales, and shall hold their offices four years from and after the
first day of January.

Sec. 2. Qualifications of Governor and Lieutenant-Governor. No
person shall be eligible for election to the office of Governor or
Lieutenant-Governor, unless he shall have attained the age of 30
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 a person elected to either of these two offices
be eligible for election for the next succeeding term of the same
office.

Sec. 3. Returns of elections. The return 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 pre-
scribed by law.

Sec. 4. Oath of office for Governor. The Governor, before enter-
ing upon the duties of his office, shall, in the presence of the mem-
bers 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 per-
form the duties appertaining to the office of Governor, to which
he has been elected.

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.



Constitution 61

and recommend to their consideration such measures as he shall
deem expedient.

Sec. 6. Reprieves, 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
regulations as may be provided by law relative to the manner of
applying for pardons. He shall biennially communicate 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 commu-
tation, pardon, or reprieve, and the reasons therefor. The terms
reprieves, commutations and pardons shall not include paroles.
The General Assembly is authorized and empowered to create a
Board of Paroles, provide for the appointment of the members
thereof, and enact suitable laws defining the duties and authority
of such board to grant, revoke and terminate paroles. The Gov-
ernor's power of paroles shall continue until July 1, 1955, at which
time said power shall cease and shall be vested in such Board
of Paroles as may be created by the General Assembly.

Sec. 7. Reports from officers of the 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
Executive Department upon any subject relating to the duties of
their respective offices, and shall take care that the laws be faith-
fully executed.

Sec. 8. Commander-in-Chief. The Governor shall be Comman-
der-in-Chief of the militia of the State, except when they shall be
called into the service of the United States.

Sec. 9. Extra sessio?is of the General Assembly. The Governor
shall have power on extraordinary occasions, by and with the
advice 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.



62 Xoi: MI ( ' vrolina Maxuai

Sec, LO. Officers whose appointments are not otherwise provided
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 ibis Constitution and whose appoint-
ments arc not otherwise provided for.

Sec. 11. Duties nf Die Lieutenant-Governor. The Lieutenant-Gov-
ernor shall bo President of the Senate, but shall have no vote unless
the Senate shall be equally divided. He shall receive such compen
sat ion as shall be fixed by the General Assembly.

See. li'. Succession to office o] Governor. The Lieutenant-Gov
ernor-elecl shall become Governor upon the failure of the Governor-
elecl to qualify. The Lieutenant-Governor shall become Governor
upon the death, resignation, or removal from office of the Governor.
The further order of succession to the office of Governor shall be
prescribed by law. A successor shall serve for the remainder of the
term of the Governor whom be succeeds and until a new Governor
is elected and qualified.

During the absence of the Governor from the State, or during
the physical or mental incapacity of the Governor to perform the
duties of his office, the Lieutenant-Governor shall be Acting Gov-
ernor. The further order of succession as Acting Governor shall
be prescribed by law.

The Governor may. by a written statement filed with the Secre-
tary of State, declare that he is physically incapable of performing
the duties of his office, and may thereafter in the same manner
declare that he is physically capable of performing the duties of
his office.

The mental incapacity of the Governor to perform the duties of
his office shall be determined only by joint resolution adopted by
a vote of two-thirds of all the members of each house of the General
Assembly. Thereafter, the mental capacity of the Governor to per-
form the duties of his office shall be determined only by joint
resolution adopted by a vote of a majority of all the members of
each house of the General Assembly. In all cases, the General
Assembly shall give the Governor such notice as it may deem proper
and shall allow him an opportunity to be heard before a Joint Ses-
sion of the General Assembly before it takes final action. When
the General Assembly is not in Session, the Council of State, a
majority of its members concurring, may convene it in Extra Ses-
sion for the purpose of proceeding under this paragraph.



Constitution 63

Removal of the Governor from office for any other cause shall be
by impeachment.

Sec. 13. Duties vf other executive officers. The respective duties
of the Secretary of State. Auditor, Treasurer. Superintendent of
Public Instruction. Attorney General. Commissioner of Agriculture.
Commissioner of Labor, and Commissioner of Insurance shall be
prescribed by law. If the office of any of these officers shall be
vacated by death, resignation, or otherwise, it shall be the duty of
the Governor to appoint another to serve until his successor be
elected and qualified. Every such vacancy shall be tilled by election
at the first election for members of the General Assembly that
occurs more than 30 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: Provided,
that when a vacancy occurs in the office of any of the officers
named in this Section and the term expires on the first day of
January succeeding the next election (or members of the General
Assembly, the Governor shall appoint to fill the vacancy for the
unexpired term of the office.

Upon the occurrence of a vacancy in the office of any one of
these officers for any of the causes stated in the preceding para-
graph, the Governor may appoint an acting officer to perform the
duties of that office until a person is appointed or elected pursuant
to this Section to fill the vacancy and is qualified.

During the physical or mental incapacity of any one of these
officers to perform the duties of his office, as determined pursuant
to the provisions of this Section, the duties of his office shall be
performed by an acting officer who shall be appointed by the
Governor

The General Assembly shall by law prescribe with respect to those
officers, other than the Governor, whose offices are created by this
Article, procedures for determining the physical or mental incap-
acity of any officer to perform the duties of his office, and for de-
termining whether an officer who has been temporarily incapacitated
has sufficiently recovered his physical or mental capacity to perform
the duties of his office. Removal of those officers from office for any
other cause shall be by impeachment.

Sec. 14. Council of State. The Secretary of State. Auditor, Treas-
urer, Superintendent of Public Instruction, Commissioner of Agri-
culture. Commissioner of Labor, and Commissioner of Insurance



64 North Carolina Manual

shall constitute, 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
Attorney General shall be, ex officio, the legal adviser of the Execu-
tive Department.

Sec. L5. 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 the General Assembly,
which shall not be diminished during the time for which they shall
have been elected.

Sec. Hi. Seal of State. There shall be a seal of the State, which
shall he 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 counter-
signed by the Secretary of State.

Sec. 17. Department of Agriculture, immigration and Statistics.
The General Assembly shall establish a Department of Agriculture.
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 husbandry.

Sec. IN. Department of .hist ire. The General Assembly is author-
ized and empowered to create a Department of Justice under the
supervision and direction of the Attorney General, and to enact
suitable laws defining the authority of the Attorney General and
other officers and agencies concerning the prosecution of crime and



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