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Sign up freeThe Robesonian
Lumberton, Robeson County, North Carolina
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North Carolina's State Supreme Court rules Burke County's $300,000 road bond issue unconstitutional, upholding Judge Frank Carter's restraining order due to the legislature's failure to record an aye and nay vote on the amendment shifting road funding from townships to county level.
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The State Supreme court upholds Judge Frank Carter in his permanent restraining order against the road commissioners of Burke county forbidding the issue of $300,000 in road bonds. The court holds that the failure of the House of the Legislature to give an aye and nay vote on the amendment renders it unconstitutional. The purpose of the bill was to create a road system with the county, rather than the township, as the unit. In the amended act the 6 townships which were to have shared the money were given the right to vote. Here the trouble came in because this vital provision in the act should have been passed by aye and nay vote, and it was omitted in the final concurrence of the House in the Senate amendment.
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Burke County
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The State Supreme Court upholds Judge Frank Carter's permanent restraining order against Burke County road commissioners issuing $300,000 in road bonds, deeming the amendment unconstitutional for lacking an aye and nay vote in the House. The amendment aimed to create a county-wide road system and give six townships voting rights on fund sharing.