- Title
- Journal of the House of Representatives of the General Assembly of the state of North Carolina at its ... [1959 session]
-
-
- Date
- 1959
-
-
- Creator
- ["North Carolina. General Assembly. House of Representatives."]
-
- Place
- ["North Carolina, United States"]
-
Journal of the House of Representatives of the General Assembly of the state of North Carolina at its ... [1959 session]
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1959]
HOUSE JOURNAL
209
1808 and through these many years has provided a sound and enduring
beacon light for the people of North Carolina. It has meant that the
people of our State were interested in education for the children of this
State, throughout the length and breadth of the State. It has kept before
us a high ideal, a worthy objective, and a practical guide. It has meant
that the General Assembly would take appropriate action to promote and
encourage education in all corners of the State, in all sections, and in all
places. Historically, this constitutional provision has not been interpreted
to mean that as a physical fact every locality in the State should have
exactly the same public school facilities and exactly the same level of
achievement. This has not been the case because historically the support
and maintenance of our public schools began with the localities themselves.
However, the mandate which has been constant on the Genera! Assembly
has been that educational opportunity and authority would, under law, be
available to all localities and counties throughout the State.
The written report of the Constitutional Commission in its explanation
of the suggested deletion of this requirement states that the phrase should
be removed “as a possible source of conflict with the local option pro¬
visions” which were adopted in 195G.
Since the release of this report the Attorney General has advised that
there is no overriding legal reason for deleting the “general and uniform”
provision. Based upon this view of the legal question, the Chairman of
the Constitutional Study Commission has also stated that he believes all
or most of the individual members of the Commission would prefer not to
delete this language in the absence of compelling legal reason to do so.
I have previously made public my own position on this matter, and simply
reiterate that in my view the provision for “general and uniform system
of public schools” should be retained in our Constitution.
ARTICLE IV — JUDICIAL DEPARTMENT
In my opinion, the most important aspect of constitutional revision
concerns the judicial branch of our government and the vital need for
improvement in the administration of justice.
As you know, I am not a lawyer, but from the beginning of my service
as Governor of the State I have had a great interest in our courts arid in
all aspects of the administration of justice. As Governor, I have constantly
been impressed with the great importance of the judicial branch of our
government. The operation of our courts, the actions of our judges,
solicitors, and all other officers directly connected with our courts have a
daily impact on the citizens of North Carolina, in every community of
the State.
In speaking to the North Carolina Bar Association Annual Convention
at Asheville in 1955, I expressed to them my conviction that the lawyers
of North Carolina should take the lead in making a thorough and objective
study of our courts, and based upon their findings, then take the lead to
show our State what should be done to improve the administration of
justice in North Carolina.
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