*1 Richmond King County Supervisors Queen v. Board Cox, et als. W. S. January 26, 1931. Hudgins, Holt, Gregory Prentis, Campbell, Epes,
Present, J., C. Browning, JJ. *3 690'- *4 D. Gibson, Attorney-General, H. Assistant J.
Edwin plaintiff for the in Evans, D. error. Mitchell and W. Leon M. Bazile, for the defendant Smith, Jr., Chas. S. in error. of the opinion delivered court. J.,
Gregory, Queen county presented King of The school board county an supervisors application, of that to the board of Education, purpose of for the addressed to the State Board literary fund of the borrowing $5,000.00 from the State. $5,000.00 that was needed application The disclosed in school board order to build a new school county to, present make additions building, remodel, or to or to in Shanghai, at the Buena Vista district building county. repay It was to the loan fifteen proposed of the interest payable annual installments with semi- equal with the annually, regulations accordance of the State of supervisors, February Board of Education. board on 1930, approved application borrow amount applied for from the fund of the State. At the meeting the board of supervisors, same an order was year provided during entered which that each life at the time it its loan, regular levies, made would levy district, county, make a Buena Vista for the repaying the loan and the purpose of semi-annual interest. meeting At a later supervisors the board of held on April 23, 1930, county the citizens of the were given an to be opportunity regarding budget heard the annual county, and also to be heard regarding the additional levy, contemplated made, to be of ten cents the $100.00, on the local increased levies to extent. The addi- tional increase of ten cents was to be used repaying contemplated loan from the fund. A majority present expressed of the citizens being op- themselves as the increased but posed levy, the board decided to make levy for the purpose repaying additional the loan Twenty-six and entered an order to that effect. freeholders, statute, requested attorney under the the Commonwealth’s appeal to the circuit court part of the order of the board which provided levy of that an additional ten cents would be made to repay the loan. *5 10, June appeal
On was heard and decided the Circuit by King Queen Court of and county. The “ ** * by held its order: court that under section levy 115-a Constitution said of an additional ten $100.00 cents on is unauthorized without an election, it by is considered levy court that said of an additional ten cents cannot be laid in Buena Yista district of said * * It is from this order of the Circuit King Queen Court of county that the board of super- applied visors for and obtained a writ of error. preliminary There are two questions raised counsel freeholders, for the which should be disposed of before we undertake to decide the vital issue the case.
Counsel for the point freeholders make the style that the of the case should be “board supervisors of King and Queen county, appellants, and Honorable J. Douglas Mitchell, attorney Commonwealth’s of King Queen county, appellee.” entering
Without any into lengthy discussion of this point, opinion we are of the real interested parties to litigation this court are the board supervisors side, twenty-six the one and the on freeholders on the required other. The statute the Commonwealth’s attorney appeal from the order of supervisors the board of court, circuit if requested so to do more than six The request freeholders. was made and appeal he did on appeal properly their behalf. The was perfected and the interests of the freeholders safeguarded and preserved. attorney performed Commonwealth’s has all that required him, statute he has no further interest party. matter as a Counsel for the freeholders contend that the order supervisors the board of is void because it did not have approval the unanimous of the board. appears approved members disapproved two one the additional (40) claim that section 2039 levy. They Code April after 1930) prohibited board, (Michie, *6 increasing budget county except by the unani- or vote of the members. The approval mous section re- many appearing chapter ferred to is one of sections 85-a 1930.) (Michie, the Code. The title of this chapter County levies, is “General Road Law” and the and the budget increase therein referred to, concern the budget levies and the roads. regarding This chapter apply not to school levies and is not applicable does levy in this case. The school budget separate and (section budget 1930). distinct Code principal question this case is whether the King Queen county school board of and is permitted, under the Constitution the Acts of the General Assembly, to borrow $5,000.00 literary fund, which is under custody supervision of the State Board of Educa tion, purpose for the of building, remodeling, or making additions to a schoolhouse in that county without first holding an election and procuring majority vote of the qualified securing voters favor of the loan.
It is conceded, purpose for the deciding this question, that unless section 115-a of the Constitution applies in case, an election and a majority vote of the qualified necessary voters is not order for the county school literary board to borrow from the fund.
The constitutional provisions, are pertinent to the decided, question main to be are embraced in article provides and are as follows: Section 129 that “the General Assembly shall establish and maintain .an efficient system throughout free schools public State.” provides supervision
Section 130 of the school be vested in a system shall State Board of Education. powers 132 defines the
Section duties of the State Among Board of Education. other things provides “it shall have the management and investment of the * * regulations under prescribed by law *.” 133 provides Section for school districts and school supervision trustees. “The of schools in each county and * * city shall be vested board, *.” Section creates fund. “The General apart shall set as a permanent and perpetual literary fund, present fund of the State; public of all lands proceeds donated Congress public purposes; free school of all escheated property; of all waste unappropriated lands; of all property accruing to the and all forfeiture, State fines collected for offenses com- against State, mitted and such other sums as the General Assembly may appropriate.”
Section 135 is as follows: “The General Assembly shall *7 the apply annual interest the on fund; portion capitation provided of tax for in .the the Constitution to paid be into the State treasury, not returnable to the cities; counties and and an amount equal total that to.the be received from would an annual tax on the property of not less than one nor more than five mills on the dollar primary to the schools of the and grammar grades, for the (cid:127) benefit of all the equal people of the State, to appor- be tioned on basis of school population; of number ages children between of seven and twenty years each district to be basis of such appropriation. And the General shall make such other appropria- purposes may tions for school as it best, deem appor- provided by tioned on a basis to be law.” * * * 136, provides Section that “each county is authorized to raise additional sums by a tax on property, not subject taxation, to local to exceed in the aggregate any year levy a rate of one to be by fixed law, to be apportioned expended local school authorities * * * in establishing of said counties and maintaining may public welfare judgment their such schools as * * of several supervisors *. board of The require * ** levy for the and collection provide shall counties taxes.” of such local school revised, consolidated, in 1928
The General laws and certain laws the school and codified amended Acts 1928, Education. Board of relating to the State arrived at is codi- The school code 471. new chapter thus in Michie’s 718, inclusive, Code fied as sections March 1928. The approved The was on 1930. act supersede the school law as entirely act effect at the existing passage time of in these sections embodied 1928 act. through Assembly, the enactment of General clearly to establish the code, policy intended system respecting the free school and laws of the State the State. any code which
The sections of have subject briefly discussion will be re to the under relation to them It will be observed reference ferred to. separate for provision the act makes two distinct kinds for schoolhouses. First: loans building loans from the require which do not vote of people, other sources realized second, loans from from the people. which do vote of the bonds, require sale of general plans two significant financing that these quite are in the of schools outlined school code building 645, inclusive, are the detail. Sections 636 to statutes *8 fund loans and there is no provide literary requirement for and vote shall be that an election had those sections literary board to borrow for a order local fund. with reference to debts to hand, the other be con-
On building schoolhouses, for by tracted counties form contemplated that the by money issues, of bond be derived from sources fund, will other than the express provision appears there that an election shall and majority held vote obtained favor of such a issue, precedent bond as a condition to the issuance of plan financing bonds. This second for the building of in sections 673, 674, 674-a, schoolhouses embodied 674-b, and 674-c, 674-d, 674-e 674-f. considering
In in construing case and the school code must keep the Constitution we in mind the separate and two plans and distinct outlined the school code. by enactment,
The General its provided 611 and 612 sections for establishment and manage- system placed public ment of the manage- in a Education, Superintendent ment State Board of Instruction, superintendents Public division of schools, city county school boards school boards. general system supervision was, by the act, vested in a State Board Education.
Following the constitutional relevant provision, the Gen- eral enacted section which provides that apart as permanent there shall be set and perpetual literary fund, present literary fund, the proceeds of all public Congress public lands donated school purposes, property, of all escheated of all waste and unappropriated accruing all lands, property the State forfeiture all fines collected for offenses against committed purpose, made for the State, donations such other sums Assembly may appropriate. as the General The same shall as the be known and shall be invested and managed by the State Board of Education. The principal always unimpaired fund shall remain of the said and entire, arising and the annual income therefrom shall be dedicated exclusively support to the and maintenance public fines collected are schools. The directed to be paid into treasury comptroller they and on warrant shall *9 literary the credit of the fund and be transferred to shall whatsoever. And purposes be used for no other then it investment of the provided, 633, capital was section for the literary fund. and income of the unappropriated financing first school plan buildings Under the with money literary fund, following borrowed from sec- apply. tions of the school code
By is 636, expressly section the State Board of Education granted power loan board of the to several money belonging counties and cities to the fund purpose hand for for the of erecting or investment enlarging schoolhouses in such counties or cities, under provided section it is the State Board of Educa- shall provide tion for an distribution of equitable the funds loaned among the several counties and cities. city
The boards, under section 638, are expressly granted authority to borrow from the literary fund, provided they make a formal application setting forth certain approval information.
voters in an is election not this required section. Under application is Attorney- submitted General for his approval passed and then it along to the State Board of Education for its approval. Under section 642, approval application by after the Attorney-General and State Board of Education the State Board is granted express authority to make the pro- loan vidéd it does not exceed it $25,000.00, provided shall not exceed two-thirds of the cost of the schoolhouse. provided further that no loan shall be made to aid in any any erection of or schoolhouse addition thereto to cost $500.00, less than and further that no loan shall be any made in case in which payment of the same with would, interest in the. judgment of the State Board of entail too Education, heavy charge upon the revenues of city.
It is quite significant, in making a loan of this kind the propriety making is left entirely *10 judgment and discretion of the State Board of Education, and the local school board.
The rate of interest under section on such loan, is fixed at four per cent and is payable semi-annually and principal payable is in fifteen annual installments and by shall be evidenced payable bonds or notes to the Com- monwealth Virginia, for the benefit of the literary fund. provides
Section 644 supervisors the board of counties and in cities, the councils in which school boards have borrowed funds from the literary fund, shall include in the county city or levies, appropriate sufficient funds, as the case may be, to meet its liabilities on such contracts. provides
Section 645 that the loan made chap- under this ter shall specific constitute a lien on the schoolhouse and thereto, addition for the erection of which such loan has made, been as well as the lot buildings whem the are situ- ated. All buildings shall kept fully insured for the benefit of the literary fund and policies deposited with the State Treasurer.
The annual literary on the fund is expressly made interest part of the school under section 646. Under the second plan financing for buildings, which a vote of the people is required, detailed provision is made general for these loans from sources other than fund. In section 673 authority granted the counties to general make these loans purpose for this and to issue bonds therefor, provided the proposal has been approved by the board of supervisors, of the judge circuit court and majority qualified voters of said an election held for the purpose. These bonds are issued on the credit of and the State Board nothing Education has with do transaction. supervision has no whatever over such a loan. The sue- 674-e and sections, 674-b, 674-c, 674-d, ceeding 674, 674-a, purpose issued for the entirely with bonds 674-f, deal approved have been schoolhouses which erecting county. voters of a These majority qualified bearing on from the fund. have no loans sections found 115-a, of the Constitution is Under article which invoked provision constitutional case proposed to be prohibition against the loan made as to the school board of by the Board of Education State Queen county. King and that article which embraces section
It will be observed Constitution, solely “Organiza- relates 115-a Counties,” while article 9, tion and Government under provisions schools public ap- constitutional *11 and Public Instruction.” pear, solely relates to “Education in the general appear These divisions Constitution. two 115-a, Section is as follows: by by any county,
“No debt shall be contracted or or any any county, by board of or or on on behalf of school in in any any county, except pur- district behalf of school authority by by suance conferred the General of shall not and the General authorize general law; or any any county, any or district of county, any in any school district any county, any county, board or of in except to meet casual deficits any to contract debt the the anticipation in of collection of a debt created revenue, board or district for county, the of the said the revenue previous liability, to a unless year, then current or redeem be authorizing provision law the same made the general of the proper voters qualified for submission to by rejection, majority or a county approval for district, or voting in an on voters election qualified vote of the shall contracting debt; approval such question contracting script, such debt. No a to prerequisite be county district indebted- or or other evidence certificate except ness shall be issued for such debts as are expressly by authorized or Constitution the laws made in pursuance thereof.” by is contended counsel for freeholders that be proposed
loan to made in this case from the literary Queen fund to the county King board county, only be can made after has been submitted the voters by has been approved majority that vote; the amend- to the Constitution, 115-a, ment applies to loans the literary fund and question that loan in not having approved first by majority been vote an elec- purpose, tion held for the accordance with section 115-a, express prohibited terms of the amendment. We concur in cannot this view of case. We are opinion amendment, section 115-a, has no application whatever fund loans to local school boards. think, however, do applies
We amendment contracted for building debts schoolhouses, are to incurred by through which a bond issue for purpose, and which are embraced in the “second plan,” code, financing outlined for the building of schoolhouses, provision expressly made 673 to 674-f of the sections school code.
Section 115-a of the Constitution confers the power on money school boards to borrow or contract a debt, has only question approval after had the the qualified *12 in purpose. an election for the In view voters of this of the General Constitution, section the passed necessary legislation providing the the means for carrying this section of the far into effect Constitution so as public legislative acts, schools are concerned. Those section 673 in 674-f, provide detail for inclusive, general loans to boards, but as prerequisite local school to making such they approval majority must have the of a loans contracted may the debt which voters. The nature of and of the voters approval by a school board with in the Constitution, and embraced in section 115-a of 674-f, in- Acts sections 673 Assembly, of the General made from the the loans clusive, entirely is different from an election and bond literary case, fund. In the former from a sale money issue are The derived contemplated. local control of the placed the bonds is in the exclusive nothing Education has school board. The State Board of given is to do with it. In the State Board the latter case make the loan authority. wide It has the discretion to building to make it and the plans refuse is issue must its election or bond approval. have No literary fund. contemplated making loans from with accordance code, Section 632 of the school Constitution, section defines the sources fund is accordance literary derived, and section with fund under the Constitution, 132, places control supervision of the State Board of Education. The Board to mandatory duty imposed upon State literary invest income of the capital unappropriated fund. the several consti- thought running through The is that provisions tutional and the school code is devoted and always shall remain intact and that exclusively purposes. dedicated to school forfeitures major portion of this fund arises from coun- and fines courts through collected the various and cities are ties and cities The counties State. as acting, portion in the of this collection agencies theory system of the State and the back to those counties money go so derived should among distributed loans, equally cities the form of boards of them, purposes. The school for educational from the procuring counties cities loans agen- acting are likewise as building fund for schoolhouses *13 cies assisting of the State carrying 'out the mandatory duty imposed by the Constitution that an efficient free system shall school be established and maintained. The Constitution and Assembly the General place the supervision control and fund in the hands State Board of Education with the direction that the board shall preserve perpetuate it and invest it. The Constitution and the General Assembly have likewise placed system under supervision State Board of Education and the local school boards of counties and cities. If the building schoolhouses in a county depends all cases upon a vote of the people, certainly then to that extent they are supplanting the State Board of Education. primarily
Education is a State function, the State possesses by power levy requiring the a school tax or city, perform this function. In causing a school tax to be county, levied the assent of the All people is not required. requirements, so far as is concerned, State are worked out the State Board of Education. This board is only answerable to the Gen- Assembly. eral However, General has made provision for counties and cities to supplement the funds provided by the State for school if a purposes, county or city deems the State funds If insufficient.
city desires a better schoolhouse provides, than the State may money, it statute, raise under the for a more elaborate building provided the voters assent. imposed
The Constitution mandatory duty on the General to establish and maintain public system, and school buildings are essential to that system. principal, only, if not the method available Assembly, provide to the General which can for the buildings, construction of school the loans through purpose. for that The State Board of agencies are the school boards the local Education these schoolhouses. provide does it can and *14 through approval the requiring as is to be construed If 115-a with buildings can be constructed such voters before deny to to the effect will be practical the funds, these it only, if not the means Assembly, principal, the General mandatory duty the performing carrying out or has of the State have never of on it. Current revenues imposed purpose. used for such been Assembly, the General code,
Under of Education and the the State Board through agencies, its provide and does has the to boards, power local school when it is considered literary fund, the schoolhouses a tax to reimburse levy it can the of compel necessary, in case, only is the the This, course, fund. literary the buildings by general county provide fails to event the in nature an involun otherwise, and is issues or bond county by the General on the tary obligation imposed discharge mandatory is in Such action Assembly. the General Assem the Constitution on duty by imposed system an of free and maintain efficient bly to establish if the school board hand, On the other schools. or more elaborate if it additional proposes prefers, from the may provided than buildings general bond may approve voters qualified expenditures. the funds for additional issue and provide repay on the to words, obligation In other of an the nature fund loan for schoolhouses the General involuntary one, imposed Constitution, mandatory directions carrying out the issue loan for school a bond obligation repay while its of, been used in lieu of which have houses, proceeds by the General Assem provided the funds supplement, or to brought approval about voluntary bly, obligation is a volun- only the debts or loans It is of the voters. tary class that section 115-a of the Constitution is directed. hold To would in otherwise, effect be to construe section 129 of the Constitution as imposing on the General Assem- bly duty to provide schools, and section 115-a as denying power perform it the duty. single
No section of the Constitution should be construed alone, given but consideration to the instrument far whole, and, as as possible, provisions so all harmonized. construing
In school code section 115-a weight given of the Constitution, should be to the legislative construction provisions. of these Section 115-a not was report included which recom commission mended the proposed changes the Constitution. originated and, the General approval after session of was along submitted with the other *15 amendments for people ratification the of the State. At the Assembly same session of the General sections 611 718, to as (known inclusive the code), school were enacted into our law. In several sections the pro of school code was vision made for the of contingency the amendments being (Acts ratified or rejected. Section 1928, chapter 612 471, 1) section with begins this statement: “If and when * * section 130 the Constitution is amended * * “* (Acts 1928, section 630 chapter 471, 1): section In the event that section 131 of the Constitution should be * * (Acts amended chapter section 649 1928, 471, 1) section thus: begins “Unless sections 132 of the of Virginia Constitution are amended.” It be will in referring observed to the act original that sections 632 (Acts chapter to 645 1928, 471, 1), section the inclusive, sections code lending school which authorize the money from literary fund to school boards and con ferring power upon school boards to that it, borrow there is no those to contingency reference sections may be may 115-a not ratified. From it is clear that the General did intend not necessary should people vote of be order for literary school board to borrow from the contingency would have provided else been for those provide loans literary sections which from the fund to boards, just as contingency school was taken care of in sections 630 and 649. purpose was not the or intention of Assem- General
bly submitting section 115-a of the Constitution to the nor was the intention people, people in ratifying amendment, hamper disrupt the educational activities of the State by requiring a vote of people Many on loans from the fund. loans, these no doubt, seriously are small and it would embarrass the if it system necessary were incur the expense and delay of an election order for one agency the State, local to borrow board, from another agency, the State Board of Education. For instance, an election would not justified order to borrow from the through the State Board such a sum small as 1600.00, for repairing a school which possibly might have dam- been aged by On suppose fire. the other hand, the election should be unfavorable loan, general to the and there be no funds available, to be left without a school- house?
Section 115-a, having been people submitted having General and it enacted the *16 school at the it is session, code same obvious that the General did not that contemplate there was any provisions conflict between the of 115-a and the code; people, voting the in on the amendment, are have presumed knowledge to had of the simultaneous en- the actment of school code and to have likewise construed 115-a as not conflict therewith.
It would seem obvious that if the General Assem- 706 of 115-a the Constitution to the submitting section
bly, repeal of adoption its as a those had intended people, which loans the permit of school code provisions without a vote to school boards literary fund local it if it to limit had intended counties, in the people than limited in any they other are way, loans such that effect provision to would code, express clear in the constitutional amendment. embraced have been support could be cited of Numerous authorities legislative construction of contemporaneous rule that weight to its con great is entitled provision doubtful find this In we statement L., 59, 6 C. section struction. It. constitutionality of determining “In stat the rule: of to always contempo been attached weight has great utes fundamental law meaning of exposition raneous * * It, L., 60, C. this is stated: again And in 6 contemporaneous may construction be “The principle given by legislature applied to construction powers dealing legislative with provisions the constitutional conclusive, interpreta Though not procedure. great being weight as entitled generally tion is conceded manifestly from unless errone departed not and should be * * ous. 148 E. Marshall, 616, Va. S. In of Blake v. the case “It is of course fundamental this is announced: 789, 791, authority any to enact Assembly has that the General that prohibited Constitution; is not statute validity statute; favor presumption it contravenes the showing and that the burden who does. Even those aver upon Constitution conflict, reconciled, should be a where there seems to in part. in whole or uphold the statute possible if it is 141 Va. Commonwealth, Corp. v. Reaves Warehouse Co., Association v. Warehouse etc., 87; Tobacco, E. 126 S. E. 482. 144 Va. S.
707 contemporaneous placed upon "The construction consti- though limitations even significant, always tutional not find that the time of the decisive. We at adoption section 175 framers of Constitution used no lan- any guage purpose nullify indicative of either to the existing * * * certainly valid improbable statute that had purpose existed it have would not been expressed, or at least indicated some appropriate language Constitution.
"The Assembly General was oblivious any such con- general flict, because revision immediately following the adoption of the Constitution this statute was left un- Those then changed. perceive failed interested any conflict, irreconcilable or otherwise.”
An elementary rule construction is that all re provisions lated of a constitution or statutes must be con together sidered and read construing one provision. provisions Several related of our Constitution are manda tory. For example, section 129 of the Constitution requires that General shall establish and maintain system. Again, section 130 that requires system school shall be vested in a State Board of Educa tion. In it is provided that: “The duties and powers of the State Board of Education shall be as follows:”
Section that requires General shall set apart as a permanent perpetual fund, literary fund.
Section 135 requires that the General Assembly shall apply the annual interest on the pri- to the mary grades and grammar schools, section 136 requires primary schools shall be maintained. appears Assembly, the General in obedience to mandatory provisions Constitution, has estab- efficient,
lished State free wide, system. It enacted a comprehensive school code and created a State Board of carry plans Education through for the establishment system. maintenance *18 under property is the the Commonwealth which Assembly, placed General was at the control of the board’s it and was directed disposal purpose, for that to use the carrying out the directions of the Constitution and fund in in a definite Assembly, specific certain and the General limitation use of that fund way. only The on the it should not be but re- depleted, board was that should that perpetual and and the income main derived permanent exclusively public be dedicated therefrom should schools. further directed to lend the was under The board boards for conditions, to the local school educational certain always that fund was to be provided kept purposes, intact. sections of the and the related Constitution
When General are and con- acts of the read pertinent meaning not difficult to arrive at the together strued and the provisions intent of Gen- the constitutional A and reasonable construction is the fair Assembly. eral already placed the General has construction they harmony, that are in is, upon provisions; conflict exists, that no and that other; each with the first pro- from the without can borrow local boards people. vote of the majority curing has and system developed been created public The statutory constitutional and pro- of the several by virtue single system provision. is embodied no visions. understanding system of the at an In to arrive order we read and consider all developed, must as created together analyze law provisions related way manner. In no other can comprehensive them in a pro- those applied. construed and When they properly together, the inevitable construed visions are considered does not Constitution 115-a of the result is that section loans. literary fund apply to if hand, adopt the other we the construction of sec-
On 115-a as contended for the freeholders without tion considering code, to and such construc- referring giving tion would result amendment such ¡a meaning limited and restrictive that under it alone a county’s could not credit pledge school board and issue purposes, though majority bonds for school even people willing approve plan, would be because the machinery obtaining means and the vote of the people holding an election are not found 115-a. Those only (sections means are found the school code 673 to In inclusive). words, other while 115-a 674-f, provides that an election shall be it does not held, provide how, when, expense and at whose it shall be where held. Com- *19 plete provision for such an election is found in the school code and in those sections therein it contemplated where is that a school board desires to contract a debt as is provided Every step for section 115-a. necessary to be fully provided taken is for. if
Again applying we construe section 115-a as to fund it loans, might be ineffectual because the State Board Education, having supervision of the fund being with a
vested discretion as to whether the loan should be could refuse make the it made, loan, though even had approved by been the voters. Such a loan might, the Board, heavy charge discretion of State be a too on it county, might revenues result an unequal distribution of such loans to the several counties and cities In throughout event, State. either the State Board could withhold loan.
It that if apply- is obvious section 115-a is construed as loans, then ing to the relevant sections of the nullified. school code would be Constitution,
Under article section separate and government, independent gov- no of the State eminent, permitted. County government pro- is has been and it agencies vided for is made one of the instruments or through which performs govern- the State its functions of county ment. It is an arm the A State. school board borrowing from the State Board of Education the State’s money (literary fund), apart which has been set and de- schools, but a agencies voted transaction between two concerning application of the State use of the State’s funds. hand,
On the other debts contracted for building bond which is schools, issues, the form of supervised any most common form, are not manner authority the State Board of Education. Such board has no prevent debt, nor can it contracting-such prescribe plan buildings may of school be con- with In such a money case, structed so derived. paid principal repaid interest and the are both lost to the that county and State forever. clear was with this respect to debts of nature that restrictions of the Constitution were intended to 115-a of applied.
We have considered the North Carolina cases which of the Constitution and statutes of provisions similar great and while we have construed, State have been respect authority of the courts of North Carolina and we think the conclusions reached in support those cases controlling opinion, yet, principles we believe *20 may this case which underlie a correct decision of be reached elementary rules of construction as herein by applying the stated. the General has made
Through code, outlining necessary steps specific provision, detailed and school board to borrow from to be for a local taken, obtaining approval fund without first of the literary enacting the school code voters. The General thereby arranging for local school boards, and without approval voters, of to borrow from the pur- Constitution devoted to the commendable schools, free was but pose performing its mandatory duty carrying and out a wise and public policy. sound consequence dissenting
One view would be that may not, while the counties the cities and towns certainly may, statute, under the have such appropriations from the literary fund for the construction of school houses. We may confident perfectly that a discrimination against the counties the use of public funds was contemplated, never that a construction of section 115-a which leads to such a result is unsound.
This is not to be construed as opinion affecting, in any way, power State Board of Education to invest funds bonds issued by local school boards of counties cities for the purpose building schoolhouses, pursuance authority granted section 633 of the school code.
Our conclusion the school board King Queen county is entitled to borrow the money applied literary fund, provided for from the it has otherwise com plied with and that law, supervisors the board of law, under the county, acted within its rights and when performed duty it, by order, its an an levied additional tax on one hundred dollars, repay of ten cents the loan and interest. of the lower court is judgment reversed final judg-
ment is favor of the supervisors. here rendered board of Reversed. Epes, J., dissenting: I am unable to concur in either the conclusion or the reasoning of the opinion of the but court, shall not enter upon any extended discussion thereof. It seems to me sufficient to say:
Sections Ya. as 636-645, Code, by enacted Acts 1197, et chapter 471, page seq., authorizing and providing for loans to counties and cities from the im- literary fund, press upon obligation by a county city assumed or every such a procuring loan incident of a debt the ordinary acceptation of the term.
Under section 134 of the Constitution an act of the Gen- Assembly relieving eral a or county city payment of the such obligation by once it has been contracted city or is null and void. provides:
Section 115-a of the Constitution shall by any “No debt be contracted county, by or or any on behalf of school board of any county, by or or on any any behalf of school district county, except pur- authority by suance of conferred the General Assembly by general law; and the General shall not authorize any county, any any or district of county, any or any county, any any board of or school district county, any debt except contract to meet casual deficits in the revenue, a debt created in anticipation of the collection county, of the revenue of the said board or district for the then current or a year, previous liability, to redeem unless general authorizing provision in the law the same be made for the submission to the voters qualified proper county or district for approval rejection, by majority qualified voting election, vote of the voters an contracting debt; approval such and such shall question contracting prerequisite script, debt. No cer- tificate or other evidence of or district indebtedness except expressly shall be issued for such debts as are au- thorized in this Constitution or the laws made in pur- suance thereof.”
The fact loan from the a debt beyond question; seems to me to be and the language I think, plain section 115-a of the is too Constitution, comprehensive to admit of legal circumvention astute *22 refinements.
I am opinion loans are debts within plain meaning of section 115-a Constitution; and cannot be contracted without submission to a vote the people.
HuDorNS, J., concurs in the dissent of J. Epes,