Opinion
July 17, 1956
'Gentlemen:
'The Advisory Committee on Education, appointed pursuant to Resolution 29 of the 1955 Session of the General Assembly, filed its report on April 5, 1956.
'The Committee recommended the calling of a special session of the General Assembly to consider submitting to the people the question of changes in our Constitution so that the General Assembly might have power to enact legislation to give effect to the Committee recommendations.
'It is my opinion, concurred in, I think, by the vast majority of the citizens of our State, that how we should solve our educational problems should be free of partisan politics.
'For that reason, I did not seek the advice and consent of the Council of State to a special session of the General Assembly until after the Statewide Primary.
'A special session of the General Assembly has now been called to convene at noon on July 23. I propose to submit the report of the Advisory Committee on Education and to recommend that the Assembly submit a constitutional amendment to the people, and enact legislation to implement the amendment, if it should be approved at an election to be held for that purpose.
'Because of my feeling that the problem ought not in any manner to be involved in partisan politics, I desire to recommend to the General Assembly that such amendment, as it may propose, be submitted to the people of the State at a time other than the election of constitutional officers, and that the only questions to be submitted to the electorate at that time shall be amendments to the Constitution.
'The Constitution requires amendments to be submitted 'at the next general election.' The Constitution does not define 'general election.' 'The Attorney General has advised me that, in his opinion, an election to be held prior to November and in conformity with the general election laws and for the sole purpose of considering constitutional amendments would meet the requirements of Article XIII of our Constitution.
'The question is, however, of such great importance that I feel justified in seeking an opinion of the Supreme Court. Hence, I respectfully request, if in keeping with the proprieties and functions of the Court, an advisory opinion on the following question:
'May the General Assembly, at its special session to be held in July, provide for the holding, prior to November, of a Statewide election, so as to meet the constitutional requirements of a general election, when the only questions which may be submitted to the electorate on the day designated for the election are the ratification or rejection of:
'(a) Constitutional amendments proposed by Chapters 1169, 1245, and 1253 of the 1955 Session of the General Assembly, and
'(b) Such constitutional amendment or amendments as may be duly proposed at the special session of the General Assembly.
'Your opinion on the question presented will be appreciated and will guide me in the recommendations which I shall make to the special session of the General Assembly as to appropriate means to be taken looking to the solution of our educational problem.
'Sincerely,
'Luther H. Hodges,
'Governor'
'Raleigh, North Carolina
'16 July, 1956.'
'To His Excellency, Luther H. Hodges,
'Governor of North Carolina
'We have received your communication of June 28, 1956, submitting to us the following question:
"May the General Assembly, at its special session to be held in July, provide for the holding, prior to November, of a Statewide election, so as to meet the constitutional requirements of a general election, when the only questions which may be submitted to the electorate on the day designated for the election are the ratification or rejection of:
'(a) Constitutional amendments proposed by Chapters 1169, 1245, and 1253 of the 1955 Session of the General Assembly, and
'(b) Such constitutional amendment or amendments as may be duly proposed at the special session of the General Assembly.'
'The undersigned, each for himself, answers the question posed in the affirmative: Provided, such election is held in conformity with the general election laws. See Opinions of the Justices, 204 N.C. 806 et seq., 172 S.E. 474 and 207 N.C. 879 et seq., 181 S.E. 557.'
Respectfully,
M. V. BARNHILL Chief Justice
J. WALLACE WINBORNE
EMERY B. DENNY
JEFF. D. JOHNSON, Jr.
R. HUNT PARKER
WM. H. BOBBIT
CARLISLE W. HIGGINS Justices.