# Taylor v. . Board of Education

> Supreme Court of North Carolina · March 21, 1934 · 206 N.C. 263

URL: https://www.frixlaw.com/law-library/cases/3669736

## Case

- **Full name:** T. J. TAYLOR v. BOARD OF EDUCATION OF DAVIDSON COUNTY Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** March 21, 1934
- **Citations:** 206 N.C. 263; 173 S.E. 608; 1934 N.C. LEXIS 158
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Stacy
- **Judges:** Stacy
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3669736

## Opinion text

Stacy, C. J.
We have held in a number of cases that the commissioners of a county, acting as an administrative agency of the State, may issue notes and bonds of the county for the purpose of acquiring sites, building the necessary schoolhouses and operating the public schools of the county without submitting the matter to a vote of the people “where such schoolhouses are required for the establishment or
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maintenance of tbe State system of public schools in accordance with the provisions of the Constitution.”
Julian v. Ward,
198 N. C., 480 , 152 S. E., 401 ;
Hall v. Comrs. of Duplin,
195 N. C., 367 , 142 S. E., 315 .
It was said in
Frazier v. Comrs.,
194 N. C., 49, 138 S. E., 433, that the counties of the State were, by the “County Finance Act,” chap. 81, Public Laws 1927 (amended by the “Local Government Act,” chap. 60, Public Laws, 1931), authorized to issue bonds and notes “for the erection of schoolhouses and for the purchase of land necessary for school purposes, and to levy taxes for the payment of the same, principal and interest, not as municipal corporations, organized primarily for purposes of local government, but as administrative agencies of the State, employed by the General Assembly to discharge the duty imposed upon it by the Constitution to provide a State system of public schools.”
Section 8 of the County Finance Act provides, among other things, that the counties of the State may issue bonds and notes, and levy taxes for the payment of the same, for the “erection and purchase of schoolhouses.”
It is also provided by 3 C. S., 5475, that the county board of education of any county, upon recommendation of the State' Board of Health, shall provide for proper sanitation at each public school, deemed an essential and necessary part of the equipment of such school, and a failure on the part of the officers charged with this duty, or of county commissioners to provide the necessary funds, is made a misdemeanor.
Likewise, by 3 C. S., 5479, the duty is imposed upon the county board of education of the several counties to make such provisions as will give the teachers and pupils of the various schools a good supply of wholesome water during the school term.
Thus, it appears that specific or special legislative authority exists for the issuance of the bonds in question for the purposes designated.
Glenn v. Comrs. of Durham,
201 N. C., 233 , 159 S. E., 439 .
It also appears that the bonded indebtedness of the county, after the issuance of said bonds, will not exceed 5 per cent of the assessed valuation of the taxable property in the county, the limit fixed by 3 C. S., 1291(a).
The maturity dates of said bonds are well within the limits fixed by the County Finance Act.
We
find nothing in the School Law of 1933, chap. 562, Public Laws, 1933, which militates against any of the positions herein taken.
No error having been made to appear in the ruling of the court below, the judgment will be upheld.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3669736. Public record. Not legal advice.