DAILY STANDARD
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THE STANDARD,
Concord. N. C.
CONCORD. N. C., JUNE 5, 1899.
NOR I II CAROLIX COLtEflK- ITS
UllAKlEK AN D l ONSriTl -TION
OF BOARD.
We have been reluctant to attempt
to tackle ( oasitutions, but inasmuch
as even members of the board of
North Carolina College have asserted
t) uslind it tu8 been noised abrotd
that North Ca-olina College can't
bi removed, placing tne Lutheran
church in the State in a most
rdiculous light before the world
and chilling the zeal of some friends
nit of the Lutheran church in Cons
ord who mean to not miss the op
portunity to get the r.o liege if it can
be had, we take up the charter and
the constitution of the board of dK
rectors and we hope we will nor fail
to put at rest all questions of the
feasibility of getting the the college
if it is not drawn by the greater z-al
of some o,ther town.
We quote verbatim only those
parts bearing on the matters at issue.
The charter is entitled An- Act
ilii e iiuiriHiriiLn liih i i mhlhmn iir i v nrr n
,j . r
Carolina College."
Ic was ratified Jan. 21, 1859.
Section 1 says :
"Be it enacted by the General Assem
bly of the State of North Carolina .and
it is hereby enacted by the authority of
the same, That Christopher Melchor,
Matthias Barrier, Samuel Rothrock,
Daniel I. Dreher, Daniel Barrier,
Jacob Crim, LeyiC. Groseclose; Paul
A. Siffert, Joseph A. Linn, GodhardD.
Bernheim, Caleb A. Heilig, John Shim
poch anof Daniel H. Bittle, and their
successors duly elected, be, and they
are hereby made, constituted and de
clared a body corporate in the name of
the trustees of North Carolina Col
lege.', for the instruction of youths, in
tha various branches of science, litera
ture andart, with perpetual succession
with all the immunities and privileges
and subject to all the restrictions pre
scribed in chapter 26 of the Revised
Code, entitled 'fJnTnnTatirmn "
Section 2 relates to conferring de
grees by the president and profes
sors, by and with the consent of the
trustees.
Section 3 relates to the prohibi
tion of evil influences.
Section 4 says :
'Be it further enacted, That the
Trustees of said College shall at no time
exceed eighteen in number; and when
vacancies occur in the Board of Trus
tees, they shall be:filled1y the Evange
lical Lutheran Synod of North Caro
lina, and such other, Synods 1 of the
Lutheran Church as may hereafter be
come associated with it in patronizing
said College; and in case such Synod or
Synods fail to fill such vacancies, then
the Trustees shall have power to fill
vacancies in their body."
Note that Synod chooses thase
directors to fill vacancies.
The section provides for filling
them by the board only in the ore
b apposed emergency. v
"Be it further enacted, That said Col
lege be situated at Mt. Pleasant, in the
County of Cabarrus.
Now if you magnify this section
above the spirit and evident intent
of the whole soheme, and make the
location paramount to the interests
or very existence of the institution
and emphasize the words shall be
situated you may nail the college
down to its present location and if
its d ooi s ware closed there the Syn
od could not use the name for a
similar institution located elsewhere
Are charters eyer granted without
specifying location or central place
of business? Surely not. Equally
sure is it that the law-making
power that grants the charter will
amend the same in the interets of
the institution or enterprise when
the incorporators desire. Charters
are easily changed to suit the wishes
of incorportors for the promotion of
chances to accomplish the original
design.
Section 6 saya :
"Be it further enacted, That 6aid cor
poration may take, hold, bargain, and
sell, such real estate, moneys, stocks,
and other personal chattels, as may be
necessary for the transaction of its
business, and carrying: out of the pur
poses of its creation, not exceeding in
value four hundred thousand dollars."
Here, we think, is clearly vested
the power to sell the property where
it i now located nd uy or receive,
as donated j all real or personal
property that it can acquire at any
p not, and the Synod's believing that
the purposes named in section 1,
viz ''the instruction of youths" can
be more successfully accomplished
by such removal the power is not
left wanting.
Section 7 relates to the date of
going into effect.
We now follow. with the "Consti
tution of the Board."
Section 1 says :
"This Board shall be known as the
Board of Truetees of North Carolina
College, located at Mount Pleasant,
Cabarrus County, and under the con
trol of the Evangelical Lutheran Synod
of North Carolina, as provided for in
the Charter."
In thi section, consistent with
the charter, it names the college at
Mt. Pleasant, and when the charter
names a different place this Bection
will be quickly changed to suit, but
note that it unequivocally says,
under the control of the Evangelical
Lutheran Synod of North Carolina.
It says, too, as provided for in the
charter, and the charter names Mt.
Pleasant, but there is no reason to
believe that the location was a con
sideration paramount to the success
of the college or parallel with it.
The major purpose was a college
"for the instruction of youths" and
not the interests of any location.
Section .2 says :
"Every Trustee before he takes his
seat as a member of this board shall
solemnly subscribe the following form
ula, viz : Sincerely approving the
Charter of North Carolina College with
its accompanying regulations, I do
solemnly declare and promise in the
presenoe of God and this Board, that I
will faithfully endeavor to carry sin to
effect all the provisions of said Charter
and regulations and thus promote the
design of said College."
Note, "Sincerely approving the
Charter of North Carolina College,
with its accompanying Jtegula
Hons," according to section 2 of
charter, would include the acqaisi-
tien and sale or disposal of proper
ties of all aorta for carrying out the
pnrpam of its creation, and this is
"... j
not to be sacrificed for the minor
idea of location, which most certam-
. i
ly is essentially incidental ana auis
tliary to the grand purp se Mfor tne
instruction of youths " Note the
closing words, "and thus promote
the design of laid college" which
was 4for the instruction of youths,"
and certainly it was and Is the im
perative duty of every member of
the board to consider the interests of
the institution above that of locals
ity, even though it involve a pcrson
al sacrifice,
Sections 3 and 4 relate to officers
of the board and their duties,
tenures, eto.
' Section 5 provides for opening and
cloiing meetings with prayer.
fieotion 6 provides for called meet
ings. !
Section 7 provides for inaugurr
Hon of pres'dent.
8eotion 8 requires the board to
look after the professors and section
9 after the students :
8ection 10 is : j
"At every stated meeting of the
Evangelical Lutheran Synod of North
Carolina the Board., shall forward to
said body in writing a detailed and
faithful account of the state of this
Institution. Said Synod may recom
mend to the Board any measures .they
may deem conducive to the welfare of
the Institution, and every such recom
mendation shall be considered at the
next regular meeting of the Board, and
may be accepted or rejected 'as the ma
jority of the Trustees shall see fit." !
Note that this section requires of
the board to produce a true report
of the college, implying essentially
that the Synod is supreme and the
board subordinate. The remainder
.... -. .f
Lof the section gives the board the
right by a majority, vote to accept or
reject its recommendations but no
where relinquishes tbe Sj nod's right
i
to command the board. Even Its
recommendations must be considered
at a specified time.
This sectioM wisely presumes that
the board, being a special committee
and of a somewhat local nature i
might have good reasons for reject
ing the recommendations of the
Synod in the practical operations of
the college. But it warrants no pre!
sumption that the board may refuse
to comply, with 8y nod's ejpreia
command.
8ection 11 reads :
"All matters requiring the sense o
this Board shall be viewed as final
whenever voted for by the majority of
the same.' ...
Piease note the word majority and
that an order to remove t)je college
does not require the sense even of
the board.
Section 12 is:
"Sgyen members of the Board shall
constitute a quorum to transact any
bu8inebs except reversing,; alteringj
or changing any previous action of said
Board, or any of its regulations, which
can be done only by a two-third vote of
all the members."
Clearly this refers to changing
the constitution, etc., for it says
"reversing, altering or changing any
previous action of the board." This
does not meet the case of removal,
for the location of the college was
not an act of the board but of the
Synod.
Section 13 refers to a local board,
its powers, duties, etc.
Section H prescribes the oath fcr
. Continued on Fourth Page
THE
RACKET
Lrti
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sDk) Parasols now 99c. Our 1.68
solid color Chiffon Parasols how 1.25.
Nice lot of ladies white, black and col'd
Parasols, well assorted.
Childrens Parasols 15 to 98c.
. Umbrellas.
Ladies goods in black and colors, 50c.
to 3 00.
bpecial Prices on gents' coarse goods.
Worth 45 to 50c. to close at 25c.
Nice assortment at 75c. to 1.25.
12 foot Jap Umbrella 3 25
Ladies' Gauze Vests.
Unbleached, 2 1-2 cents.
Bleached, 5 cents up.
Lisle, 12 1-2 cents.
Ladies' Dress Skirts-
We have a nice assortment. Crash, cot
ton. 48c. up.. Linen, 1.30. White
Duck 75o. Navy 98c. White P K 1.25.
Denim 75 to 1.50. Wool 1.68 up.
Underskirts-
Black Sateen 49 to 1.48.
White Muslin Under ware assorted.
Shirt Waists.
Prints 20o.
Percale 45 to 75c.
Plain or Printed Lawns 49 to 1.19.
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Heavy goods 20 to 85c.
See our 48o. line.
Fans-
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Our 18c. ones the regular 25".
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1.00 White Shirts for 50 cents
Swiss pnff bosoms, 59 to 95 cents
Bilk pun bosoms, 95 cents.
Percale Shirts 25 cents up'
LOO elastic seam Drill Drawers 60 cent.
Gauze 3hirts 15 cents up
Balbriggan Shirts and Drawers 2oc. up
Sox.
Special-Begular 8 l-3c. goods at 5c.
Our 10c. line usually sells for 15C.
Gents' Cuffs, worth 16 1-2 for 10c,
Dry Goods-
Remnants of plain white and colored
Organdie in good lengths at 80c ner
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These goods cost you 5 to 7 l-2c peP
yard and the same as you pay 15 to 35c
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get a fine Organdie Dress for 50 to 63c.
Yard wide bleaching 5c.
New lot of Swiss Embroideries m.
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EDociHoI
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