SEC. 4. Any person who shall hunt with dogs or fire-arms of any Hunting, fishing, kind, shoot, fish, swim or bathe in said parks, except in accord- alty for unlawfully bathing, etc., penance with regulations made by the commission, shall be fined not doing so. exceeding fifty dollars, or imprisoned not longer than thirty days.

said Parks.

SEC. 5. Any person or persons picking or breaking the flowers Acts prohibited in or foliage without permission of the commissioners, or who shall cut, mark, or deface any of the trees, signs or public notices, buildings or other property; or who shall throw stones, sticks or other missiles; or who shall interfere with or chase rabbits, squirrels or birds, rob or destroy their nests; or who shall stand, walk or ride on prohibited parts, or post bills or notices in said parks, shall, on conviction thereof before the recorder's court of said city, be fined not exceeding fifty dollars, or be imprisoned not longer than thirty days.

SEC. 6. Any person or persons who shall persist in the viola- Violation of rulespenalty. tion of any of the rules and regulations prescribed by the park commission for the government of said parks, after notice to desist from so doing, shall, on conviction thereof before the recorder's court of said city, be fined in a sum not exceeding ten dollars.

SEC. 7. That it shall be the duty of the "Charlotte Park and Duty of Park Commission as to "Old Tree Commission" to keep in good order and condition at all times White Cemetery." what is known as the "Old White Cemetery" on West Fifth Street

in said city.

streets.

SEC. 8. That it shall be the duty of the "Charlotte Park and Duties of Park Tree Commission" to look after the care and preservation of the tive to trees, shrubCommission relatrees on the streets of said city of Charlotte, to plant out new bery, etc., on trees when in the discretion of said commission it is necessary; to encourage civic improvement by the citizens of said city; to encourage the observance of "Arbor Day"; to establish a nursery Establishment of or nurseries, green-house or houses for flowers, plants and trees green-houses, etc. for the parks and streets; to establish in “Independence Park” a natatorium and also a drill or parade ground for the military in Natatorium and drill ground. any park now owned or which hereafter may be acquired by the' commission; to establish in their discretion places for animals in Place for wild animals. "Independence Park" or any park convenient that may hereafter be acquired by said commission. The powers, purposes and duties Powers, purposes of said commission shall be to establish, maintain and keep up commission. free parks for the use of the white citizens of the city of Charlotte and vicinity, and do other things as set forth in this section.

and duties of

SEC. 9. That said "Charlotte Park and Tree Commission," com- Created body corposed of the members before mentioned, and their successors, be porate.

and the same are hereby created a body corporate by the name of

the "Charlotte Park and Tree Commission," and by that name may Corporate powers. sue and be sued; may have a common seal; may acquire, receive and hold real estate in the city of Charlotte, North Carolina, and vicinity, by purchase, gift, devise or otherwise, and may acquire, receive and hold personal property by purchase, gift and bequest,

No compensation.

Superintendent and employees. Wages.

Power to contract debts restricted.

Power to sell real estate restricted.

Vacancy, how filled.

Resignation.
Removal.

Officers, election, etc.

Election on expiration of term.

Terms of office.

by will or otherwise; may contract and be contracted with for the purposes provided in this act, and make such rules, regulations and by-laws for its government and the exercise of its powers as in their discretion they may think necessary, and may alter the same from time to time as shall not be in conflict with the laws of this State and of the United States, and not repugnant to this act.

SEC. 10. The members of the corporation, other than the treasurer, shall receive no compensation for their services.

SEC. 11. The corporation may employ a superintendent and such other employees and servants as it may deem essential, and pay their salaries and wages out of any fund of the corporation.

SEC. 12. The corporation shall not have the power to mortgage or incumber its property, nor shall it have the power to contract any debt exceeding five hundred dollars, without the written assent of three-fourths of its members; nor shall its members and officers contract for the corporation in such manner that the aggregate of its outstanding indebtedness shall at any one time exceed two thousand dollars. It shall not have the power to sell and convey its real estate without the assent of the General Assembly of this State and the Board of Aldermen of the City of Charlotte. SEC. 13. Whenever a vacancy shall occur in the membership of the corporation, such vacancy shall be filled by the election of another member by the remaining members. Any member may resign by tendering his written resignation to the president or the vice-president. Any member may be removed for physical or mental incapacity by a vote of three-fourths of other members.

SEC. 14. The officers of the corporation shall be a president, a vice-president, a secretary and treasurer, and an executive committee of five members. All of the said officers shall be elected at the first meeting of the members of the corporation, and those so elected shall hold their offices until their successors are duly elected.

SEC. 15. That at the expiration of the respective terms of office of the several members, as hereinafter provided, and forever thereafter, said members shall be elected by the Board of Aldermen of the City of Charlotte.

SEC. 16. That the term of office of D. A. Tompkins, W. S. Alexander, Dr. C. M. Strong and E. R. Preston shall expire the first Monday in June, 1911; that the term of office of A. C. Summerville, Dr. C. L. Alexander, E. S. Williams and W. C. Maxwell shall expire the first Monday in June, 1909; that the term of office of A. H. Washburn, Daniel W. McLemore, Dr. James R. Alexander and George Stephens shall expire the first Monday in June, 1907. SEC. 17. The first meeting and all other meetings of the members of corporation. bers of the corporation shall be held in the city of Charlotte, North Carolina. The first meeting shall be held in the office of Clarkson & Duls, City Attorneys, at such time in said city as

Meetings of mem

any three members may designate in written notices, signed by them and delivered to each of the other members. The time and the place in said city at which all subsequent annual meetings shall be held, and the times and places in the said city and upon what notice special meetings may be held shall be fixed and regulated by the by-laws of the corporation.

SEC. 18. The president shall preside at the meetings of the cor- Powers and duties of president. poration; shall be the custodian of the corporate seal and set the same to such instruments as the corporation may properly and legally direct to be executed by the corporation, and perform such other acts as he may be authorized and empowered to perform by the by-laws or by resolution of the corporation.

SEC. 19. The vice-president shall perform all the duties of the Vice-president. president when the president shall be absent from a meeting or

from the city of Charlotte.

SEC. 20. The secretary shall keep the records of the corpora- Secretary. tion and do such other acts as may be prescribed by the by-laws.

The treasurer shall receive and disburse all the funds of the cor- Treasurer.
poration under the direction of the executive committee, or as
may be directed by the by-laws of the corporation, and do such
other acts as the by-laws may prescribe. He shall be required Bond.
to give bond in such amount as may be fixed by the corporation,
and may be paid a reasonable salary or commission.

mittee.

Salary. SEC. 21. The executive committee shall have general supervision Executive comand control of the affairs of the corporation and shall perform such duties as may be prescribed by the by-laws of the corporation, but shall not have the power to do any act inconsistent with the other provisions of this act; and the corporation at any regular or special meeting may take charge of and control any matter or matters which the executive committee would otherwise have under their control.

SEC. 22. No member of this corporation shall be liable person- Individual liability. ally or individually for any contract, obligation or other liability

of any kind of the corporation.

SEC. 23. At all meetings of the corporation a majority of its Quorum. members shall constitute a quorum.

SEC. 24. The General Assembly being authorized by the Consti- Park property exempt from tution, article six, section five, to exempt from taxation property taxation. and estate which this corporation may acquire, hold and use according to the provisions of this act, all of same shall be ex

empted from all State, county and municipal taxation.

SEC. 25. That it shall be unlawful for any person other than Parks for white white persons to go in said parks now owned by said corporation people only. or by this act turned over to said corporation or hereafter acquired by it: Provided, that colored nurse or nurses with white Exception. child or children shall be allowed in said parks; that colored persons employed to work for this corporation shall be allowed in said park or parks; that any person of color who shall be notified

Colored people entering park against orders

guilty of trespass. Penalty.

Park for colored people. Corporators.

Corporate name.

Place for park.

to leave said park or parks, or be notified not to come in said park or parks, and shall refuse to do so and shall come into said park or parks, shall be guilty of a trespass for each offense, and on conviction be imprisoned thirty days or fined fifty dollars.

SEC. 26: That H. J. Green, C. S. L. A. Taylor, Silas B. Washington, Samuel J. Caldwell, J. T. Sanders, J. Henry Warren, Ed. W. Butler, W. H. Houser, Louis Perry, Rufus Caldwell, S. B. Pride and Walker Hill and their successors be and they are hereby created a body corporate by the name of the "Charlotte Public Park Commission for Colored People," and shall have charge Powers and duties, and control of the park or parks for colored people, with the same powers, duties, responsibilities, etc., as are conferred on the trustees before mentioned for white people in reference to their parks. The Board of Aldermen of the City of Charlotte shall provide a suitable place for a park or parks and the said trustees shall make all rules, regulations and by-laws for its government and have all the powers conferred on and be subject to the limitations imposed on the white trustees. All ordinances of the city of Charlotte that apply to the white parks shall apply to the colored park or parks. SEC. 27. That the parks shall be separate and distinct between the races-those established by the white trustees for the white race and the other for the colored race; the white parks shall be used exclusively for the white people and the colored park or parks for the colored people.

Laws, rules, powers, etc., for government.

"Jim crow" parks provided for.

Terms of office of colored commissioners.

Annual appropriation for parks.

How distributed.

SEC. 28. That the term of office of H. J. Green, C. S. L. A. Taylor, Silas B. Washington and Samuel J. Caldwell shall expire the first Monday in June, 1911; the term of office of J. T. Sanders, J. Henry Warren, Ed. W. Butler and W. H. Houser shall expire the first Monday in June, 1909, and the term of office of Louis Perry, Rufus Caldwell, S. B. Pride and Walker Hill shall expire on the first Monday in June, 1907, and their successors shall be elected by the Board of Aldermen of said City of Charlotte.

SEC. 29. That the board of aldermen shall annually turn over to the trustees of said parks for white people and colored people not less than the sum of one thousand dollars; that the said sum of one thousand dollars shall be distributed between the trustees or commissioners of said white and colored parks in such proportion as is just and equitable, all things being considered, and shall turn over any additional sum in the discretion of the board to the "Charlotte Park and Tree Commission" for trees, etc.

SEC. 30. That this act shall be in force from and after its ratification.

In the General Assembly read three times, and ratified this 30th day of January, A. D. 1905.

CHAPTER 33.

AN ACT TO INCORPORATE THE "CITIZENS BANK AND
TRUST COMPANY."

The General Assembly of North Carolina do enact:

SECTION 1. That Charles B. Wagoner, N. F. Yorke, A. J. Yorke, Corporators. H. L. Parks, Charles McDonald, B. L. Umberger, C. O. Gillon, D. D. Johnston, Paul F. Stallings, W. A. Bost, W. W. Morrison, M. L. Marsh, W. D. Pemberton, George L. Patterson, A. N. James, of Cabarrus County, North Carolina, and their associates and successors, are hereby created a body corporate under the name of Corporate name. "Citizens Bank and Trust Company," and by said name shall have all the franchises, rights and privileges incident to a corporation, and a corporate existence for a period of sixty years.

Corporate exist

ence.

SEC. 2. That the persons named in section one of this act shall Directors. be and they are hereby appointed the first board of directors of said corporation, and shall manage the affairs of the company for one year or until their successors are elected, and they shall elect To elect officers. a president and all other necessary officers, employees and agents,

and do anything authorized by this charter or the laws of the land.

business.

SEC. 3. The corporation shall have power to transact business When to commence whenever five hundred shares of the par value of fifty dollars each have been subscribed to its capital stock and fifty per cent. paid in cash thereon. Further assessments shall be paid in as When assessments called for by the directors, who shall have full power to call for paid.

Increase.

all its subscribed stock in cash before beginning business. The capital stock shall not be less than twenty-five thousand dollars Minimum capital of the par value of fifty dollars each, and may be increased from stock. time to time to an amount not to exceed one hundred and twentyfive thousand dollars, either by additional subscriptions of stock or by application of the surplus earnings of the corporation, and not more than forty thousand dollars of the same to be invested Maximum investin real estate; and if such increase shall be from the earnings of ment in real estate. the corporation the directors shall have the power to declare Stock dividends. stock dividends to the stockholders pro rata. At all stockholders' Voting power. meetings each share of stock shall be entitled to one.vote, either

in person or by proxy.

SEC. 4. The principal office and place of business of said corpo- Principal office. ration shall be in the city of Concord, State of North Carolina,

with the right to establish branch offices and places of business Branch offices. upon compliance with the corporation law of the State, and its

officers shall consist of a board of at least five directors, a presi- Officers. dent, vice-president, cashier and such other employees as the board

shall from time to time deem necessary to properly conduct the

business of the corporation. The board of directors shall be Election of officers. elected annually by the stockholders; the directors so elected shall