State of North Carolina
Department of Attorney-General
Raleigh

April 5th, 1915.

Hon. Locke Craig,
Raleigh, N.C.

My dear Sir:-

I am in receipt of a letter from the President of the A. & M. College for the colored race at Greensboro, desiring to know whether or not the college has the authority to contract a debt for the purchase of some land. He advises me that he has also written to you about the matter.

Chapter 751 of the Public Laws of 1901, provides that no state institution shall contract any debt without positive and specific authority given by the General Assembly except as hereinafter directed. The act further provides that in cases of extreme emergency or dire necessity the executive head of any such institution shall upon recommendation of the Governor and his council, have authority upon the credit of the state, to make such expenditures as may be actually necessary to provide against any such emergency or necessity.

Chap. 515 of the Public Laws of 1905 repeals that part of Chap. 751 of the Laws of 1901, which authorizes the Governor and his council to permit a state institution to contract a debt in cases of extreme emergency and dire necessity.

In view of these statutes I am of opinion that the council of state is without authority to afford any relief in the premises.

Very truly yours,

T W Bickett
Attorney General.

B/G