North Carolina. Secretary of State.

North Carolina manual [serial] (Volume 1971) online

. (page 7 of 61)
Online LibraryNorth Carolina. Secretary of StateNorth Carolina manual [serial] (Volume 1971) → online text (page 7 of 61)
Font size
QR-code for this ebook


that every child of appropriate age and of sufficient mental and
physical ability shall attend the public schools, unless educated by
other means.



Constitution 79

Sec. 4. State Board of Education.

(1) Board. The State Board of Education shall consist of the
Lieutenant Governor, the Treasurer, and eleven members appointed
by the Governor, subject to confirmation by the General Assembly
in joint session. The General Assembly shall divide the State into
eight educational districts. Of the appointive members of the
Board, one shall be appointed from each of the eight educational
districts and three shall be appointed from the State at large. Ap-
pointments shall be for overlapping terms of eight years. Appoint-
ments to fill vacancies shall be made by the Governor for the un-
expired terms and shall not be subject to confirmation.

(2) Superintendent of Public Instruction. The Superintendent
of Public Instruction shall be the secretary and chief administrative
officer of the State Board of Education.

Sec. 5. Powers and duties of Board. The State Board of Educa-
tion shall supervise and administer the free public school system
and the educational funds provided for its support, except the funds
mentioned in Section 7 of this Article, and shall make all needed
rules and regulations in relation thereto, subject to laws enacted
by the General Assembly.

Sec. 6. State school fund. 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;
all moneys, stocks, bonds, and other property belonging to the State
for purposes of public education; the net proceeds of all sales of
the swamp lands belonging to the State ; and all other grants, gifts,
and 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 revenue of the State as may be set
apart for that purpose, shall be faithfully appropriated and used
exclusively for establishing and maintaining a uniform system of
free public schools.

Sec. 7. County school fund. All moneys, stocks, bonds, and other
property belonging to a county school fund, and the clear proceeds
of all penalties and forfeitures and of all fines collected in the
several counties for any breach of the penal laws of the State,



80 North Carolina Manual

shall belong' to and remain in the several counties, and shall be
faithfully appropriated and used exclusively for maintaining free
])ublic schools.

Sec. 8. Higher education. The General Assembly shall maintain
a i)ublic system of higher education, comprising The University of
North Carolina and such other institutions of higher education as
the General Assembly may deem wise. The General Assembly shall
provide for the selection of trustees of The University of North
Carolina and of the other institutions of higher education, in whom
shall be vested all the privileges, rights, franchises, and endow-
ments heretofore granted to or conferred upon the trustees of these
institutions. The General Assembly may enact laws necessary and
expedient for the maintenance and management of The University
of North Carolina and the other public institutions of higher edu-
cation.

Sec. 9. Benefits of public institutions of higher education. The
General Assembly shall provide that the benefits of The University
of North Carolina and other public institutions of higher education,
as far as practicable, be extended to the people of the State free of
expense.

Sec. 10. Escheats.

(1) Escheats prior to July 1, 1971. All property that prior to
July 1, 1971, accrued to the State from escheats, unclaimed divi-
dends, or distributive shares of the estates of deceased persons shall
be appropriated to the use of The University of North Carolina.

(2) Echeats after June JO, li)71. All property that, after June
30, 1971, shall accrue to the State from escheats, unclaimed divi-
dends, or distributive shares of the estates of deceased persons shall
be used to aid worthy and needy students who are residents of this
State and are enrolled in public institutions of higher education in
this State. The method, amount, and type of distribution shall be
prescribed by law.

ARTICLE X

HOMESTEADS AND EXEMPTIONS

Section 1. Personal property exemptions. The personal property
of any resident of this State, to a value fixed by the General As-



Constitution 81

sembly but not less than $500, to be selected by the resident, is ex-
empt from sale under execution or other final process of any court,
issued for the collection of any debt.

Sec. 2. Homestead exemptions.

(1) Exemption from sale; exceptions. Every homestead and the
dwellings and buildings used therewith, to a value fixed by the Gen-
eral Assembly but not less than $1,000, to be selected by the owner
thereof, or in lieu thereof, at the option of the owner, any lot in a
city or town with the dwellings and buildings used thereon, and to
the same value, owned and occupied by a resident of the State, shall
be exempt from sale under execution or other final process obtained
on any debt. But no pi-operty shall be exempt from sale for taxes,
or for payment of obligations contracted for its purchase.

(2) Exemption for benefit of children. The homestead, after the
death of the owner thereof, shall be exempt from the payment of
any debt during the minority of the owner's children, or any of
them.

(3) Exemption for benefit of widoiv. If the owner of a home-
stead dies, leaving a widow but no children, the homestead 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
is the owner of a homestead in her own right.

(4) Conveyance of homestead. Nothing contained in this Article
shall operate to prevent the owner of a homestead from disposing
of it by deed, but no deed made by the owner of a homestead shall
be valid without the signature and acknowledgement of his wife.

Sec. 3. Mechanics' and laborers' liens. The General Assembly
shall provide by proper legislation for giving to mechanics and
laborers an adequate lien on the subject-matter of their labor. The
provisions of Sections 1 and 2 of this Article shall not be so con-
strued as to prevent a laborer's lien for work done and performed
for the person claiming the exemption or a mechanic's lien for
work done on the premises.

Sec. 4. 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 remain



82 North Caroijna Manual

the sole and separate estate and projierty of such female, and shall
not be liable for any debts, obligations, or engagements of her hus-
band, and may be devised and beciueathed and conveyed by her,
f.ubject to such reguhitions and limitations as the (Jeneral Assem-
bly may prescribe. Every married woman may exercise powers
of attorney conferred upon her by lier husband, including the power
to execute and acknowledge deeds to property owned by herself and
her husband or by her husband.

Sec. 5. Iiif^nrcDice. The husband may insure his own life for the
sole use and benefit of his wife or children or both, and upon his
death the proceeds from the insurance shall be paid to or for the
benefit of the wife or children or both, or to a guardian, free from
all claims of the representatives or creditors of the insured or his
estate. Any insurance policy which insures the life of a husband
for the sole use and benefit of his wife or children or both shall not
be subject to the claims of creditors of the insured during his life-
time, wdiether or not the policy reserves to the insured during his
lifetime any or all rights provided for by the policy and whether
or not the policy proceeds are payable to the estate of the insured
in the event the beneficiary or beneficiaries predecease the insured.

ARTICLE XI

PUNISHMENTS, CORRECTIONS, AND CHARITIES

Section 1. Pioiishnietds. The following punishments only shall
be known to the laws of this State: death, imprisonment, fines, re-
moval from ofiice, and disqualification to hold and enjoy any office
of honor, trust, or profit under this State.

Sec. 2. Death pioiii^hDteiit. The object of punishments being not
only to satisfy justice, but also to reform the oflPender and thus
prevent crime, murder, arson, burglary, and rape, and these only,
may be punishable with death, if the General Assembly shall so
enact.

Sec. 3. Charitable ami correctional inatitntions a)id agencies.
Such charitable, benevolent, penal, and correctional institutions and
agencies as the needs of humanity and the public good may require
shall be established and operated by the State under such organiza-
tion and in such manner as the General Assembly may prescribe.



Constitution 83

Sec. 4. Welfare policy; hoard of public welfare. Beneficent pro-
vision for the poor, the unfortunate, and the orphan is one of the
first duties oi a civilized and a Cnristian state. Therefore the Gen-
eral Assembly shall provide for and define the duties of a board of
public welfare.

ARTICLE XII

MILITARY FORCES

Section 1. Governor is Commander in Chief. The Governor shall
be Commander in Chief of the military forces of the State and may
call out those forces to execute the law, suppress riots and insurrec-
tions, and repel invasion.

ARTICLE XIII
conventions; constitutional amendment

AND revision

Section 1. Convention of the People. No Convention of the People
of this State shall ever be called unless by the concurrence of two-
thirds of all the members of each house of the General Assembly,
and unless the proposition "Convention or No Convention" is first
submitted to the qualified voters of the State at the time and in
the manner prescribed by the General Assembly. If a majority of
the votes cast upon the proposition are in favor of a Convention,
it shall assemble on the day prescribed by the General Assembly.
The General Assembly shall, in the act submitting the convention
proposition, propose limitations upon the authority of the Con-
vention; and if a majority of the votes cast upon the proposition
are in favor of a Convention, those limitations shall become binding
upon the Convention. Delegates to the Convention shall be elected
by the qualified voters at the time and in the manner prescribed in
the act of submission. The Convention shall consist of a number of
delegates equal to the membership of the House of Representatives
of the General Assembly that submits the convention proposition
and the delegates shall be apportioned as is the House of Repre-
sentatives. A Convention shall adopt no ordinance not necessary
to the purpose for which the Convention has been called.



84 North CaholIna Manual

Sec. 2. Power to revise or a))ie)id Co)iiititufio)i reserved to people.
Tho people of this State reserve the power to amend this Constitu-
1ion and to adopt a new or revised Constitution. This power may be
exercised by either ot' the methods set out hereinafter in this Article,
but in no other way.

Sec. ."). Rerisioii or aDieinhneiit bij Coiive)it ion of the People.
A Convention of the People of this State may be called pursuant to
Section 1 of this Article to propose a new or revised Constitution
or to propose amendments to this Constitution. Every new or re-
vised Constitution and every constitutional amendment adopted by
a Convention shall be submitted to the qualified voters of the State
at the time and in the manner prescribed by the Convention. If a
majority of the votes cast thereon are in favor of ratification or
the new or revised Constitution or the constitutional amendment or
amendments, it or they shall become effective January first next
after ratification by the ciualified voters unless a different effective
date is prescribed by the Convention.

Sec. 4. Revision or (ni>e)uJ ineiit hij lei/islafive i)ntiatio)i . A pro-
posal of a new or revised Constitution or an amendment or amend-
ments to this Constitution may be initiated by the General As-
sembly, but only if three-fifths of all the members of each house
shall adopt an act submitting' the proposal to the cjualified voters
of the State for their ratification or rejection. The proposal shall
be submitted at the time and in the manner prescribed by the
General Assembly. If a majority of the votes cast thereon are in
favor of the ])roposed new or revised Constitution or constitutional
amendment or amendments, it or they shall become effective Janu-
ary first next after ratification by the voters unless a different
effective date is prescribed in the act submitting the proposal or
proposals to the qualified voters.



ARTICLE XIV

MISCELLANEOUS

Section 1. Seat of government. The permanent seat of govern-
ment of this State shall be at the City of Raleigh.



Constitution 85

Sec. 2. State boundaries. The limits and boundaries of the State
shall be and remain as they now are.

Sec. 3. General laws defined. Whenever the General Assembly
is directed or authorized by this Constitution to enact general laws,
or general laws uniformly applicable in every county, city and town,
and other unit of local government, or in every local court district,
no special or local act shall be enacted concerning the subject matter
directed or authorized to be accomplished by genei-al or uniformly
applicable laws, and every amendment or repeal of any law relating
to that subject matter shall also be general and uniform in its
effect throughout the State. General laws may be enacted lor
classes defined by population or other criteria. General laws uni-
formly applicable in every county, city and town, and other unit of
local government, or in every local court district, shall be made ap-
plicable without classification or exception in every county, city and
town, and other unit of local government, or in every local court
district, as the case may be. The General Assembly may at any
time repeal any special, local, or private act.

Sec. 4. Continuity of laws; protection of office holders. The laws
of North Carolina not in conflict with this Constitution shall con-
tinue in force until lawfully altered. Except as otherwise specifical-
ly provided, the adoption of this Constitution shall not have the
effect of vacating any office or term of office now filled or held by
virtue of any election or appointment made under the prior Con-
stitution of North Carolina and the laws of the State enacted pur-
suant thereto."



THE AMERICAN'S CREED

I believe in the United States of America, as a government of
the people, by the people, for the people; whose just powers are
derived from the consent of the governed; a democracy in a re-
public ; a sovereign nation of many sovereign states ; a perfect
union, one and inseparable; established upon those principles of
freedom, equality, justice and humanity for which American
patriots sacrificed their lives and fortunes. I therefore believe it
is my duty to my country to love it, to support its constitution,
to obey its laws, to respect its flag, and to defend it against all
enemies.

(The American's Creed by William Tyler Page was adopted by
an act of Congress, April 6, 1918.)

THE AMERICAN FLAG, IT'S ORIGIN

In 1775, the Philadelphia Troop of Light Horse carried a stand-
ard with thirteen alternate blue and silver stripes in the upper
left-hand corner. At Cambridge on January 2, 1776, Washington
without authorization of the Continental Congress raised a flag
consisting of thirteen alternate white and red stripes with the
crosses of St. George and St. Andrew in a blue field in the upper
left-hand corner. It was called the "Union Flag," "Grand Union
Flag," and the "Continental Flag," and was employed until dis-
placed by the Stars and Stripes adopted by the Continental Con-
gress.

The beautiful tradition that Betsy Ross, as early as June 1776,
made a Stars and Stripes flag from a pencil sketch supplied by
Washington but changed the points of the stars from six to five,
has become a classic. Historians doubt its accuracy. Half a dozen
localities claim to have been the place where the Stars and Stripes
was first used. Within New York State such contention has been
for Fort Ann on July 8, Fort Stanwix on August 3, Bennington
on August 13, and Saratoga on September 19, 1777. The flag with
thirteen stripes and thirteen stars, authorized on June 14, 1777,
continued to be used as the national emblem until Congress passed
the following act, which President Washington signed:

"That from and after May 1, 1795, the flag of the United States
be fifteen stripes, alternate red and white; and that the union be
fifteen stars, white in a blue field."

87



88 North Carolina Manual

This action was necessitated by the admission of the States of
Vermont and Kentucky to the Union.

The flap.' of 1795 had the stars arranged in three rows of five
each instead of in a circle, and served for 23 years.

With the admission of more new states, however, it became
apparent that the 1795 flag- would have to be further modified;
hence in 1818 a law was passed by Congress providing:

"That from and after the fourth day of July next, the flag
of the United States be thirteen horizontal stripes, alternate red
and white; that the union have twenty stars, white in a blue field.

"That on the admission of every new state into the Union, one
star be added to the union of the flag; and that such addition
shall take eff'ect on the Fourth of July next succeeding such
admission."

Since 1818 additional stars have been added until today they
are 50 on the flag. No law has been passed to designate how the
stars shall be arranged. At one time they formed a design of a
larger star. Now they form five rows of six stars each and four
rows of five stars each.

Betsy Ross, it is now said, lived at 233 Arch Street, Philadel-
phia, and not at 239. She made flags, but says Theodore D. Gott-
lieb, she never made the first Stars and Stripes. He adds: "The
Department of State, the War and Navy departments, the Histori-
cal Sites Commission of Philadelphia and other oflftcial bodies
repudiate the legend. The book and pamphlet material available
is overwhelmingly against the legend.

"The story arose for the first time on March 14, 1870, when
William J. Canby read a paper before the Pennsylvania Historical
Society in which he states that in 1836, when his grandmother,
Betsy Ross, was 84 years old and he was 11, she told him the
story. He apparently thought little of it because nothing was done
until 1857, when at the suggestion of his Aunt Clarissa, oldest
daughter of Betsy, he wrote out the notes as he remembered the
conversation.

"Nothing further was done until 1870 when he wrote his paper.
The Historical Society of Pennsylvania thought so little of the
paper it neither catalogued nor kept a copy of it. Even George
Canby, younger brother of William, disputed several points in the
paper.



The American Flag 89

"The legend grew to strength from 1888 to 1893 when pro-
motors secured an option on the so-called Flag House.

"Modern historical researchers are giving much thought to
Francis Hopkinson of New Jersey as the possible designer and
the Fillmore or Bennington flag as the first flag."

The Proper Display of the American Flag

(The United Stades Code, 1958)
(Chapter 10, Sections 171-172, 174-178)

Sec. 171. When the national anthem is played and the flag is
not displayed, all present should stand and face toward the music.
Those in uniform should salute at the first note of the anthem,
retaining this position until the last note. All others should stand
at attention, men removing the headdress. When the flag is dis-
played, all present should face the flag and salute.

Sec. 172. The following is designated as the pledge of allegiance
to the flag: "I pledge allegiance to the flag of the United States
of America and to the Republic for which it stands, one Nation,
under God, indivisible, with liberty and justice for all." Such
pledge should be rendered by standing with the right hand over
the heart. However, civilians will always show full respect to the
flag when the pledge is given by merely standing at attention,
men removing the headdress. Persons in uniform shall render
the military salute.

Sec. 174. (a) It is the universal custom to display the flag only
from sunrise to sunset on buildings and on stationary flagstaff's in
the open. However, the flag may be displayed at night upon
special occasions when it is desired to produce a patriotic effect.

(b) The flag should be hoisted briskly and lowered ceremon-
iously.

(c) The flag should not be displayed on days when the weather
is inclement.

(d) The flag should be displayed on all days when the
weather permits, especially on New Year's Day, January 1 ;
Inauguration Day, Jan. 20; Lincoln's Birthday, February 12;
Washington's Birthday, February 22; Army Day, April 6; Easter
Sunday (variable); Mother's Day, second Sunday in May; Me-



90 North Carolina Manual

morial Day (half staff until noon), May 30; Flag Day, June 14
Independence Day, July 4; Labor Day, first Monday in September
Constitution Day, September 17; Columbus Day, October 12
Navy Day, October 27; Veteran's Day, November 11; Thanks-
giving Day, fourth Thursday in November; Christmas Day, Decem-
ber 25 ; such other days as may be proclaimed by the President
of the United States; the birthdays of States (dates of admission) ;
and on State holidays.

(e) The flag should be displayed daily, v^eather permitting,
on or near the main administration building of every public in-
stitution.

(f) The flag should be displayed in or near every polling place
on election days.

(g) The flag should be displayed during school days in or
near every schoolhouse.

Sec. 175. The flag, when carried in a procession with another
flag or flags, should be either on the marching right; that is,
the flager's own right, or, if there is a line of other flags, in front
of the center of that line.

(a) The flag should not be displayed on a float in a parade
except from a staff, or as provided in subsection (i) of this
section.

(b) The flag should not be draped over the hood, top, sides,
or back of a vehicle or of a railroad train or a boat. When the
flag is displayed on a motorcar, the staff shall be fixed firmly to
the chasis or clamped to the radiator cap.

(c) No other flag or pennant should be placed above or, if
on the same level, to the right of the flag of the United States
of America, except during church services conducted by naval
chaplains at sea, when the church pennant may be flown above
the flag during the church services for the personnel of the Navy.

No person shall display the flag of the United Nations or any
other national or international flag equal, above or in a position
of superior prominence or honor to or in place of, the flag of the
United States at any place within the United States or any Terri-
tory or possession thereof: Provided, That nothing in this section
shall make unlawful the continuance of the practice heretofore
followed 01 displaying the flag of the United Nations in a posi-



The American Flag 91

tion of superior prominence or honor, and other national flags
in positions of equal prominence or honor, with that of the flag
of the United States at the Headquarters of the United Nations.

(d) The flag of the United States of America, when it is dis-
played with another flag against a wall from crossed staffs,
should be on the right, the flag's own right, and its staff should
be in front of the staff of the other flag.

(e) The flag of the United States of America should be at the
center and at the highest point of the group when a number of
flags of States or localities or pennants of societies are grouped
and displayed from staflFs.

(f) When flags of States, cities, or localities, or pennants of
societies are found on the same halyard with the flag of the
United States, the latter should always be at the peak. When
the flags are flown from adjacent staffs, the flag of the United
States should be hoisted first and lowered last. No such flag
or pennant may be placed above the flag of the United States
or to the right of the flag of the United States.

(g) When flags of two or more nations are displayed, they are
to be flown from separate staffs of the same height. The flags



Online LibraryNorth Carolina. Secretary of StateNorth Carolina manual [serial] (Volume 1971) → online text (page 7 of 61)