Ninth grade.—Introductory algebra, physical and political geography, Latin grammar and reader, English grammar, bookkeeping, science of government, higher arithmetic, English grammar and composition. Tenth grade.-Higher arithmetic, German, English history, Caesar and prose composi tion, drawing, natural philosophy, higher algebra, rhetoric, botany. Eleventh grade. Higher algebra, German, Cicero and prose, American literature, gen eral history, chemistry, geometry, Virgil, geology, astronomy, zoology, psychology. Bookkeeping, rhetoric, elocution, general history were also offered in the business course. Music and art were also given a large place. Of the 313 enrolled the next year only 26 were classed as "Collegiate", 176 were preparatory, 112 music, 27 in art, and 24 normal. 1 Report, Superintendent of Public Instruction, 1890, p. 52. Analysis, composition, and spelling. Composition, analysis, and spelling. Composition. Commercial arithmetic. Latin. 1 From Annual Report of the Public Schools of the City of Olympia, 1891-92. Psychology. Geology or plane trig onometry. Drawing throughout the course. 'This course is intended for those desiring to prepare to enter the freshman class of a college or university course, and students desiring, also, the necessary preparatory German may take it as a substitute for one of the specified branches in the eleventh and twelfth grades. 4. Legal Provisions for High Schools Constitutional provisions.-The constitution adopted on attaining statehood made definite provisions for a complete system of public education-elementary, secondary, and higher. The section relating to the types of education to be provided are reproduced here: SEC. 2.—The legislature shall provide for a general and uniform system of public schools. The public-school system shall include common schools, and such high schools, normal schools, and technical schools as may hereafter be established. But the entire revenue derived from the common-school fund, and the State tax for common schools shall be exclusively applied to the support of the common schools.14 A strict interpretation of this constitutional provision would seem to indicate that the framers of the constitution had in mind the exclusion of the high schools from participation in the common-school fund. Whether that was their intention cannot be determined at this distant day. It is doubtful if such was their intention for throughout the State wherever high schools were established the common-school fund continued to be applied to their support. Enactments during the first legislature.-Immediately following the adoption of the constitution, in the first session of the State legislature an act was passed on March 26, 1890, defining a common school. The two sections of the act giving the definition are reproduced here: Sec. 44.-A common school is hereby defined to be a school that is maintained at the public expense in each school district and under the supervision of boards of directors. Every common school, not otherwise provided for by law, shall be open to the admis sion of all children between the ages of six and twenty-one years residing in that school district, and the board of directors shall have the power to admit adults and children not residing in the district, as hereinbefore provided, and to fix the terms of such admission as hereinbefore provided. SEC. 45.-All common schools shall be taught in the English language and instruction shall be given in the following branches, viz: Reading, penmanship, orthography, written arithmetic, mental arithmetic, geography, English grammar, physiology and hygiene, with special reference to the effects of alcoholic stimulants and narcotics on the human system, history of the United States, and such other studies as may be prescribed by the board of education. Attention must be given during the entire course to the cultivation of manners, to the laws of health, physical exercise, ventilation and tem perature of the schoolroom, 15 The law of 1890 defining common schools thus seems perfectly clear in the statement that children between 6 and 21 were entitled to receive instruction to be paid for from the common-school fund. There is no restriction as to subjects or grades if prescribed by the board of education. 1 State Constitution of Washington, art. IX, sec. 2. 14 Laws of Washington, 1889-90, title IX, secs. 44, 45, p. 371. The foregoing statute of 1890 shows conclusively that school districts had the right to pay for high-school instruction out of the commonschool fund. During most of the territorial period districts were to give instruction in certain fundamental subjects "and such other studies as may be authorized by the directors of the district." In 1877 graded or union schools were authorized and districts of a certain size were required to grade their schools. In all the cases where instruction beyond the elementary school was authorized, it was expressly stated that such districts should be entitled to the public-school funds on the basis of the proportional number of children, not upon the type of studies offered. In 1890 a law nearly duplicating the laws of 1877, 1881, 1883 was reenacted relating to the formation of union school districts. It was specifically stated in the act that "The union district thus formed shall be entitled to an equitable share of the school fund, to be apportioned in accordance to section 11, clause 13 of this act." That referred to the apportionment of the common-school fund to all districts.16 The first distinction to be stated between a union district and a consolidated district was expressed in 1891. It is shown there that the intent in authorizing union or graded schools is to provide for advanced instruction. The term "consolidation" does not designate the type of school. It may apply to higher elementary or high schools or to both in the same consolidation.17 The law of 1890 provided that graded schools must be established in incorporated cities or towns having 300 or more children of school age. The schools were to be "graded in such manner as the directors thereof may deem best suited to the wants of such districts." Such districts were required to employ a superintendent. It was also expressly stated that "Districts thus formed shall be entitled to their full share of common-school moneys"." Special provisions were made in the law of 1890 regarding schools in cities of more than 10,000 inhabitants. Such districts were required to employ a city superintendent. The board of five members were authorized to prescribe the course of study not inconsistent with that prescribed by the State board of education: To establish and maintain such grades and departments, including night schools, as shall, in the judgment of the board, best promote the interests of education in that district. Again it was specified that the district should share in the common-school fund.19 16 Laws of Washington, 1889-90, ch. XII, secs. 61, 63, p. 378. 17 Laws of Washington, 1891, ch. CXXVII, secs. 19, 24, p. 255. 18 Laws of Washington, 1889-90, title XIV, p. 379. 19 Laws of Washington, 1889-90, secs. 1, 19, p. 386. It seems perfectly clear that high schools might be supported at public expense and share in the common-school fund. A common school was declared to be "a school that is maintained at public expense and open to the admission of all children between the ages of 6 and 21 years. What other kind of school could provide for those from 14 or 15 to 21? Notice that the law does not say that certain parts of the common school must be supported by local tax alone. Again, section 45 specifies certain subjects "and such other studies as may be prescribed by the board of education". This last clause seems to give ample authority to include high-school studies. There might be some doubt as to what board of education? Presumably it was the local district board of education although the State board of education might have been intended. In the statutes the local boards in districts of less than 10,000 population were designated as "boards of directors", in larger districts as "boards of education". In any case the way seemed clear to establish legally high-school courses at public expense and as a part of the common-school system. Doubts concerning the legality of high schools. Notwithstanding all these successive and specific statutes enacted and reenacted from 1854 to 1890 there were those who believed that the expenditure of public funds for high schools was illegal in Washington until 1895 or 1897. Inspector Edwin B. Twitmyer said in his annual report in 1922: High schools had no legal status in Washington during its Territorial days, nor during Its statehood until the year 1895. All public money spent in the maintenance of high schools during this period was illegally spent, but illegally spent as it was, high schools in the territory and State notwithstanding grew in number, their scope of work was made more comprehensive, and their efficiency increased. The people demanded them, and the legality of their support was never questioned until the spring of 1893, when a few overburdened taxpayers in the city of Seattle (times having grown hard) threat. ened the city school board with an injunction should it continue the illegal expenditure of the city's money in the support of the high schools. 20 Seattle High School abolished-Renamed "senior grammar school", 1893. The high school in Seattle was technically abolished by action of the school board but was brought back into existence under the name of "The Senior Grammar School of Seattle", under which name it continued to operate until 1895 when high schools were legalized by the legislature.21 In all probability, as remarked before, if the matter had been tested in the courts the supreme court would have declared that the mainte Report of Superintendent of Public Instruction, 1922, p. 294. "Loc. cit., p. 294. Mr. Twitmyer was then principal of the Seattle High School. |