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8. Who can exempt from capitation tax, and for what reason? Section 1.
9. To what purpose must the capitation tax be applied? Section 2.
10. What is the maximum amount which can be applied to the support of the poor? Section 2.
11. How must property be taxed? Section 3.
12. What has the General Assembly power to tax without being compelled to do so? Section 3.
13. Can the income of a farmer from his lands be taxed? Section 3.
14. What provisions in regard to contracting new debts? Section 4.
15. Is the special tax to be levied when the bonds of the State are at par? Section 4.
16. Supposing the bonds are not at par, in what cases are the special taxes not required? Section 4.
17. What is necessary before the General Assembly can give or lend the credit of the State to individuals or corporations? Section 4.
18. What exception to the general rule? Section 4.
19. Does it require a majority of all the qualified voters to sanction such loan? Section 4.
20. Can the General Assembly take stock in a corporation and pay for the same by bonds of the State accepted at par? Section 4. (The Supreme Court says they cannot).
21. What property the General Assembly cannot tax? Section 5.
22. What property does the General Assembly have power to exempt to an unlimited extent? Section 5.
23. What property to a limited amount only? Section 5.
24. What is the limit? Section 5.
25. In what mode are county taxes to be levied? Section 5.
26. What is the limit of county taxation, for general purposes? Section 6
27. Supposing the county desires to exceed this limit for a special purpose? Section 6.
28. What must be observed in levying tax acts, i.e., "Revenue Acts"? Section 7.
29. Can tax money raised for one purpose be used for another? Section 7.
ARTICLE VI.
SUFFRAGE AND ELIGIBILITY TO OFFICE.
1. State the qualifications of an elector, i.e., a voter. Section 1.
2. What exception to this rule? Section 1.
3. Does the mere commission of an infamous crime disqualify? Section 1.
4. What authority lays down the rule for restoration to rights of citizenship? Section 1.
5. What step is requisite preliminary to voting? Section 2.
6. What oath is necessary to registration? Section 2.
7. What authority provides rules for registration? Section 2.
8. How do the people vote? Section 3.
9. How do members of the General Assembly vote in elections of officers? Section 3; and Article II, section 9.
10. What is the general rule as to qualifications for holding office? Section 4.
11. What oath does the officer take? Section 4.
12. What persons are disqualified? Section 4.
13. Does mere disbelief in an Almighty God disqualify, if such disbelief be not expressed? Answer—No; the word "deny" is held to mean assertion of disbelief by word, writing or otherwise. (See Article I, section 26)
ARTICLE VII.
MUNICIPAL CORPORATIONS.
[Note—By authority conferred in section 14 of this Article the General Assembly has materially changed its provisions (Laws of 1876-'77, chapter 141). The attention of the pupil will be called to the most important of these changes.]
1. What county officers are to be elected? Section 1. By act of 1876-'77, chapter 141, section 5, the Justices of the Peace elect three, four or five County Commissioners. The Justices may abolish the office of County Treasurer, and then the Sheriff takes his place.
2. How often and when does the election take place? Section 1.
3. What are the duties of the County Commissioners by the Constitution? Section 2.
4. How is this changed by act of 1876-'77: chapter 141? Answer—By this act, section 5, the Commissioners cannot levy taxes, purchase land, remove or designate new sites for county buildings, contract or repair bridges, if the cost may be over $500, or borrow money, or alter, or make additional townships, without the concurrence of a majority of the Justices of the Peace sitting with them. Moreover, by the same act the Board of County Commissioners have the powers of the Township Trustees. Section 6.
5. Who is Clerk of the Board of Commissioners? Section 2.
6. What duty, did the Commissioners of 1868 have? Section 3.
7. What is the name of the districts so formed? Section 4.
8. What powers did they have, and for what purpose? Section 4. By act of 1876-'77, chapter 141, section 3, these powers are to be under supervision of the Board of County Commissioners; and the said Board can alter boundaries of said townships and create additional ones.
9. Who constituted the Board of Trustees of the Township by the Constitution, and by whom and when were they to be chosen? Section 5.
10. How is this by act of 1876-'77, chapter 141? Answer—By act of 1876-'77, chapter 141, the General Assembly appoints three Justices for each township, who are divided in three classes and hold their offices for two, four and six years, but the successors of each class, as its term expires, hold office for six years. For each township in which any city or incorporated town was situated, one Justice of the Peace is appointed by the General Assembly, and one for each one thousand inhabitants of the city or town. When new townships are created, the General Assembly, not being in session, the Governor appoints until the next meeting of the Assembly.
11. What other officers were to be elected in the townships? Section 5.
12. How has section 6 been changed? Answer—The Board of Commissioners appoint one Justice of the Peace, or other suitable person, in each township, to list lands and personal property therein. Laws of 1881, chapter 117, section 1. The tax list is revised by the Board of County Commissioners. Same; section 18.
13. What is necessary to enable a county or other municipal corporation to contract debts, pledge its faith, or loan its credit? Section 7.
14. What is necessary in order to levy and collect taxes more than for necessary expenses? Section 7.
15. Will a majority of those actually voting be always sufficient? Section 7.
16. What is necessary to enable money to be drawn from county or township treasuries? Section 8.
17. What is the rule of taxation in county and other municipal corporations? Section 9; and Article V, section 6.
18. What exemptions are required? Section 9, and Article V, section 5.
19. What exemptions are allowed, and to what extent? Section 9; and Article V, section 5.
20. Is section 10 obsolete?
21. Is section 11 obsolete?
22. Did all charters, &c., relating to municipal corporations, become of no effect on the adoption of this Article? Section 12.
23. What debts are counties, &c., forbidden to pay, or levy taxes for? Section 13.
24. What provision of this Article can the General Assembly change or abrogate? Section 14.
25. What is section 7?
26. What is section 9?
27. What is section 13?
[NOTE—By Act of 1881, Chapter 200, "County Superintendents of Public Instruction" are to be elected by the County Board of Education and County Board of Magistrates in joint session. The County Commissioners constitute the County Board of Education. Same; section 15.]
28. Suppose the General Assembly should attempt to change either of these sections? Answer—It would be the duty of the Courts to decide their action invalid.
ARTICLE VIII.
CORPORATIONS OTHER THAN MUNICIPAL.
1. In what way may corporations be formed? Section 1.
2. In what case may they be created by special act? Section l.
3. Can charters of corporations granted under this section be amended or repealed? Section 1.
4. How shall debts of corporations be secured? Section 1.
5. What authority has the right to prescribe rules for so securing corporation dues? Section 2.
6. What is the meaning of the term "corporation" as used in this Article? Section 3.
7. Can corporations sue and be sued like natural persons? Section 3.
8. On whom is the duty of organizing cities, towns and incorporated villages? Section 4.
9. What powers should the General Assembly restrict? Section 4.
10. For what purpose are these restrictions? Section 4.
ARTICLE IX.
EDUCATION.
1. Why should schools, &c., be encouraged? Section 1.
2. What is the duty of the General Assembly in regard to public schools? Section 2.
3. How must they provide such schools? Section 2.
4. What are the school ages? Section 2.
5. What charge shall be made for tuition? Section 2.
6. Are "mixed schools" allowed? Section 2.
7. Is it lawful to have the schools for one race superior to those of the other? Section 2.
8. How shall the counties he divided for school purposes? Section 3.
9. How long must the schools be maintained? Section 3.
10. What punishment do the Commissioners incur by failing to comply with this? Section 3.
11. What funds are set apart for support of the schools? Section 4.
12. Can these funds be used for any other purpose? Section 4.
13. What officer has charge of these funds? Section 4.
14. What funds do the counties have charge of for school purposes? Section 5.
15. How is the Superintendent of Public Instruction to know about these county funds? Section 5.
16. Who provides for the election of Trustees of the University? Section 6.
17. What is vested in these Trustees? Section 6.
18. Who has power to provide for the maintenance and management of the University? Section 6.
19. What is the duty of the General Assembly in regard to education at the University? Section 7.
20. What is their duty in regard to escheats, unclaimed dividends and distributive shares? Section 7.
21. Who constitute the State Board of Education? Section 8.
22. Who are its officers? Section 9.
23. To what does the Board of Education succeed? Section 10.
24. What power of legislation has the Board? Section 10.
25. Is such legislation final? Section 10.
26. Who fixes the times of meeting of the Board? Section 11.
27. How many necessary for the transaction of business? Section 12.
28. Who provides for the contingent expenses of the Board? Section 13.
29. What departments in connection with the University must the General Assembly establish? Section 14.
30. Can the General Assembly enact "compulsory education"? Section 15.
31. Over what ages would this compulsory education extend? Section 15.
32. For what length of time? Section 15.
ARTICLE X.
HOMESTEADS AND EXEMPTIONS.
1. How much personal property is exempted from execution? Section 1.
2. Who chooses this property? Section 1.
3. Is it exempt from execution only? Section 1.
4. What land is exempt, and of what value? Section 2.
5. Who selects the homestead? Section 2.
6. Can a lot in a city, &c., be set apart? Section 2.
7. Is the homestead liable for taxes? Section 2.
8. Is it liable for any other debt besides taxes? Section 2.
9. After death of the owner is the homestead exempt any longer? Section 2.
10. If work is done on a homestead, is such homestead exempt from the mechanic's or laborer's lien? Section 4.
11. Supposing the owner dies leaving a widow, but no children— from what is the homestead exempt, and how long? Section 5.
12. What privileges does the widow enjoy, and how long? Section 5.
13. Is every widow entitled to such privileges? Section 5.
14. What becomes of the property of a woman marrying? Section 6.
15. Suppose she acquires property after marriage, does she or her husband own it? Section 6.
16. What kind of property so belongs to the wife? Section 6.
17. Cannot such property be made to pay the husband's debts? Section 5.
18. Can she give her property away by will? Section 6.
19. Is her husband's assent necessary to the validity of her will? Section 6.
20. Can she sell or give away her property before her death? Section 6.
21. Is her husband's assent necessary to such sale, &c. ? Section 6.
22. Can her husband signify such assent "by word of mouth"? Section 6.
23. Can the husband insure his life for the benefit of his wife and children and pay for the policy out of his own money, rather than pay his creditors? Section 7.
24. What is done with the money when he dies? Section 7.
26. Can the owner of the homestead sell it? Section 8.
26. What is necessary to the validity of the deed? Section 8.
27. Suppose he is not married. Section 8.
ARTICLE XI.
PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES.
1. What are the punishments lawful in North Carolina? Section 1.
2. Can convicts be made to labor on public works, &c. ? Section 1.
3. Can convicts be hired (or farmed) out to individuals or corporations? Section 1.
4. Can all convicts be farmed out? Section 1.
5. What authority prescribes the rules in regard to farming out convicts? Section 1.
6. What convicts cannot be farmed out? Section 1.
7. Can those hiring convicts punish them as they please? Section 1.
8. For what can they be punished by the proper officer? Section 1.
9. Under whose supervision, &c., are these convicts? Section 1.
10. Can the General Assembly abolish capital punishment? Section 2.
11. For what offences can the punishment of death be inflicted? Section 2.
12. What are the objects of punishment? Section 2.
13. What is the duty of the General Assembly in regard to a penitentiary? Section 3.
14. For what may houses of correction be provided? Section 4.
15. For what may houses of refuge be established? Section 5.
16. How must the structure and superintendence of penal institutions, &c., be arranged? Section 6.
17. What provision in regard to male and female prisoners? Section 6.
18. What is one of the first duties of a civilized State? Section 7.
19. What must the General Assembly do to carry out this duty? Section 7.
20. What are the duties of this Board? Section 7.
21. What must the General Assembly do for destitute orphans? Section 8.
22. What must the General Assembly do in regard to idiots? Section 9.
23. Can idiots be educated? Answer—Yes; they can be taught many things of value to them and to others.
24. What other unfortunates are classed with idiots? Section 9.
25. What classes may be provided for at the expense of the State? Section 10.
26. Has this section been changed since 1876? Answer—By amendment to the Constitution, adopted in 1880, the word "may" was substituted for the word "must" in this section.
27. Should the penal and charitable institutions be made self- supporting? Section 11.
ARTICLE XII.
MILITIA.
1. Who is liable to militia duty? Section 1.
2. Who are exempt? Section 1.
3. What duties has the General Assembly in regard to militia? Section 2.
4. Who is Commander-in-Chief of the militia? . Section 3; and Article III, section 8.
5. For what may he call them out? Section 3; and see Article III, section 7.
6. What authority can make exemptions from militia duty? Section 4.
7. What other duty has the General Assembly in regard to the militia? Section 4.
ARTICLE XIII.
AMENDMENTS.
1. In what manner must a convention of the people be called? Section 1.
2. What is the number of votes necessary in the Senate? Answer— Two-thirds of fifty—thirty-four at the least.
3. What number in the House of Representatives? Answer—Two- thirds of one hundred and twenty-eighty votes at the least.
4. What authority directs the manner of submission to the people? Section 1.
5. What authority prescribes the day of meeting? Section 1.
6. Can a convention so called to alter the Constitution? Answer- -Yes; it can amend the Constitution or make a new one.
7. What is a "restricted convention"? Answer—One in which the General Assembly provides that the members shall confine their action to certain specified matters, or shall refrain from making changes in certain particulars. Some have doubted the power of the General Assembly to bind the members in this way, but it has been done several times in this State.
8. Can the Constitution be altered without calling a Convention? Section 2.
9. By what vote must the proposed change pass the General Assembly? Section 2.
10. Does this mean three-fifths of all the members of each House? Section 2.
11. What is the least vote by which it could pass in the Senate? Answer—Three-fifths of twenty-six—sixteen votes.
12. What is the least in the House of Representatives? Answer— Three-fifths of sixty-one—thirty-seven votes.
13. What must then be done with the proposed amendment? Section 2.
14. Does it require a majority of all the qualified voters to pass it? Section 2.
15. Which is the most, two-thirds or three-fifths?
ARTICLE XIV.
MISCELLANEOUS.
1. Supposing indictments to be pending at the adoption of the Constitution, what is the rule in regard to their punishments? Section 1.
2. What is the rule in regard to dueling? Section 1.
3. Is the challenger disqualified if the other party declines to fight? Section 2.
4. Is the challenged party, who accepts the challenge, disqualified if no fight occurs? Section 2.
5. Is the person who carries the challenge disqualified if no fight occurs? Section 2.
6. Is it any offence against the laws of North Carolina for its citizens to fight in another State? Answer: No; but it is an offence to agree to go out of the State for the purpose of fighting.
7. What is necessary to enable money to be drawn from the Treasury of the State? Section 3. (See Article V, section 7).
8. What must be done with the account of receipts and expenditures? Section 3.
9. What protection to mechanics and laborers must be given? Section 4; and Article X, section 4.
10. What is the general provision in regard to terms of office? Section 5.
11. Where shall be the seat of government? Section 6.
12. What is the rule in regard to double office? Section 7.
13. What exception to the general rule? Section 7.
14. What marriages are prohibited? Section 8.
16. What proportion of negro blood comes within the prohibition? Section 8. Answer—One-eighth negro blood (octoroon) will prohibit.
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