Chapter VII

Organization and Administration of Education During the Territorial Period, 1853-89

1. Education in the Federal Organic Act Creating Washington Territory

Attitude of the Federal Government.-Before our Federal Government would consent to even the probationary relationship in the federation of commonwealths constituting the Nation measures were enacted to stimulate and insure an educated citizenry. Among the conditions of granting Territorial rights and obligations to Washington provision was made regarding foundation resources for establishing and maintaining a common-school system. As its capstone a university was to be provided. Not only were these agencies of public welfare made possible, but safeguards were thrown around them to prevent dissipation of the funds for alien purposes. Statesmen in Congress were wiser in providing than some of the politicians have been in administering these educational resources.

The Organic Act quoted. So important were those measures of the Organic Act that the special provisions relating to the common schools are reproduced here in full.

SEC. 20. And be it further enacted, that when the lands in said Territory shall be surveyed under the direction of the Government of the United States preparatory to bringing the same into market or otherwise disposing thereof, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to common schools in said Territory. And in all cases where said sections sixteen and thirty-six, or either or any of them, shall be occupied by actual settlers prior to survey thereof, the county commis sioners of the counties in which said sections so occupied as aforesaid are situated be and they are hereby, authorized to locate other lands to an equal amount in sections or fractional sections, as the case may be, within their respective counties, in lieu of, said sections so occupied as aforesaid.1

The enactment of the law. Accordingly the legislative machinery was set to work. The committee on education in the council was composed of B. P. Yantis, Thurston County; D. G. Bradford, Clark

1 From Organic Act of the Territory of Washington, approved Mar. 2, 1853. See Remington's Compiled Statutes of Washington, 1922, p. 29, or Laws of Washington, 1st sess., 1854, p. 41.

County; and D. R. Bigelow, Thurston County. In the house there were on the committee on education C. H. Hale, Thurston County; Henry Crosbie, Clark County; and H. C. Mosely, Pierce County.

D. R. Bigelow presented council bill no. 17, "An act establishing a common-school system in the Territory of Washington", on Wednesday, March 28, 1854. The bill went through the committee on education, was reported back and passed by the council on April 10. When the bill went to the house, Mr. Mosely moved to amend that the county superintendent of schools should receive $25 instead of $100 salary, which was agreed to. The act was passed April 12, 1854. Snowden says the framing of the bill was the work of Judges Lander, Monroe, and Strong.2

Possibly the exact influences in the framing of the act will never be thoroughly understood. We are, however, more interested in the provisions of the act, than we are in the manner in which it was passed.

2. The Basic School Law of 1854

Governor Stevens' Message.-At the opening of the first session of the Legislature of the Territory of Washington which convened in Olympia on February 27, 1854, the first Governor, Isaac Ingalls Stevens, in his gubernatorial message with singularly penetrating foresight, gave expression to the following prophetic educational ideas:

The subject of education already occupies the minds and hearts of the citizens of this Territory, and I feel confident that they will aim at nothing less than to provide for a system which shall place within the means of all the full development of the capacities with which each has been endowed. Let every youth, however limited his opportunities, find his place in the school, the college, the university, if God has given him the necessary gifts. Congress has made liberal appropriations of land for the support of the schools, and I would recommend that a special commission be instituted to report on the whole system of schools. I will also recommend that Congress be memorialized to appropriate land for a university.

On April 12, 1854, the Legislative Assembly of the new Territory of Washington passed the act establishing the common-school system of the Territory. Because of its fundamentally sound provisions in most respects as well as its historic interest the main provisions are here set forth.

The common-school fund.—(a). Provision was made for a permanent school fund which should accrue from the sale of the lands already donated or to be donated in the future by the Federal Government.

Snowden, Clinton A. History of Washington, vol. IV, p. 368.

House Journal, 1854. p. 21.

'Laws of Washington, 1854, chs. I-IV, pp. 319-328.

The interest derived from the irreducible fund was to provide in part the current fund.

(b) An annual tax of 2 mills on the entire taxable property of the county, to be levied by the county commissioners for the payment of teachers' salaries.

(c) The appropriation of all moneys in each county received in fines for breach of the penal code.

(d) School districts were empowered to levy further taxes upon specific vote of the district for each item to provide buildings, repairs, libraries, and apparatus. Apparently there was no limit.

(e) All districts were required to raise annually by tax levy or otherwise an amount equal to the amount provided by the county school fund. This was "to be expended in paying teachers and building schoolhouses." No funds could be used if school had not been maintained 3 months during the previous year.

The county superintendency.-The election by the legal voters in each county of a "county superintendent of common schools" for a term of 3 years. No qualifications were indicated. Reelection is not forbidden. His main duties were:

(a) To establish district boundary lines.

(b) To conduct teachers' examinations and to issue certificates, if in their opinion the candidates were qualified and of good moral char acter. The subjects included were: Orthography, reading, writing, arithmetic, English grammar, and geography.

(c) To visit all schools once a year.

(d) To apportion all school funds to the various districts upon the proportionate basis of the number of census children from 4 to 21 years of age.

(e) To collect the fines for school purposes.

(f) To preserve school lands from injury and trespass.

(g) To collect statistics of enumeration, enrollment, attendance, etc., from school district clerks. To make an annual statement to place on file in his office, "and may, if convenient, publish it in some newspaper in this Territory".

(h) His salary was fixed at $25 per year with the provision that "The county commissioners may, in their discretion, if they think the services rendered demand it, increase his salary to any sum not exceed ing five hundred dollars a year."

Law shows Oregon influence.-Should one compare the law of 1854 with the earlier Oregon laws of 1849 and 1853, it is quite apparent that the Oregon laws had their influence on the framers of the Washington

act. This is not strange at all, but the fact substantiates the point that the New England influence came into Washington through the channel of her sister Territory to the south. We shall point out a few provi. sions of similarity. Both the law of 1849 and the Washington law of 1854 provided for an irreducible school fund; each provided a tax of 2 mills to support the schools; each provided a county official to be elected for a term of 3 years-in Washington he was called a county superintendent, in Oregon he was a commissioner; each provided for school districts and a school board of three members elected by the people. The Oregon law of 1849 provided for a Territorial superintendent, but this part of the act was repealed before the Washington law was passed. The Washington law provided for no superintendent. On the other hand, there are a number of provisions in which the Washington law was a distinct advance over the two earlier acts. The county superintendent in Washington was most likely to be an educa tor who was making education his major activity, which would broaden his scope in educational activities.

Neither the Oregon nor the Washington law was adequate. That is to say, the laws were framed not out of any great educational experience or knowledge of the needs of a new country, but the provisions largely represented practices in vogue in other sections of the country, especially in New England.

In the late sixties and during the seventies we find that a group of educators began to concern themselves with the defects and to take concerted action looking toward changes which would meet adequately the needs of the Territory. It was not until 1877 that such a law was devised.

3. Gradual Modifications of the Law of 1854

It will not be necessary to reproduce in detail all of the minor modifications made from time to time in the law of 1854. As the legislative assembly convened annually and as the spirit of bickering and trading was evidently very strong we should expect frequent changes. Modifications were indeed made with great frequency but paradoxi cally the changes, in most cases, were not very sweeping. In many of the sessions in effecting the change of a few words the entire school law was reenacted. Inasmuch as the statutes do not generally desig nate the specific modification it has been a difficult task to discover the modifications. By skill in framing statutes and in editing them the Territory might have been saved enormous printing bills. In each of the modifications noted below it is to be assumed that all previous

enactments relating to the given item were repealed unless specifically stated.

School funds.-The most frequent changes, as might be expected related to the raising of revenues and their apportionment. The pocket nerve is most highly sensitized and easily disturbed. Although there were frequent changes the fundamental principle of establishing a large and irreducible permanent school fund has been adhered to. For a long time it was specified that the revenues raised by the county tax should be used only for the employment of teachers. It was doubtless assumed that local initiative and pride would provide the buildings and equipment.

(4) County revenues. In the law of 1854 a county tax of 2 mills was specified "for the hire of teachers." On January 21, 1865, the limitation that the 2 mills was to be used only for the hire of teachers was omitted. On January 27, 1866, this rate was changed to 3 mills and specified "for the hire of school teachers." In 1871 the county rate was raised to 4 mills. In each case the expenditure was limited to teachers' salaries. The legislature of 1873 again made a change, this time specifying not more than 4 mills for teachers' salaries and incidental expenses.

8

On November 9, 1877, the rate again underwent a modification. This time the statement was not less than 3 nor more than 6 mills should be levied by the county." The purpose for which it was to be expended was not limited.

The law of 1879 stated that not to exceed 8 mills was to be levied by the county. Again the expenditure was not limited to any specified purpose.10 10 In 1883 a modified rate was established. This time the rate was to be "not less than 2 nor more than 6 mills * * for the purpose of establishing and maintaining schools."11 The statutes of 1885-86 raised the minimum to "not less than three" and kept the maximum at "not more than 6 mills." Again the purpose was unspecified.12

No other modification appears until after statehood in the county levy and apportionment.

(b) District funds.—As noted in the law of 1854 districts were authorized to levy further taxes by district vote to augment the proceeds

Laws of Washington, 1864-65, sec. 1, p. 5.

Laws of Washington, 1865-66, ch. I, sec. 2, p. 4. "Laws of Washington, 1871, ch. II, sec. 2, p. 14. 'Laws of Washington, ch. Il, sec. 2, p. 421. 'Laws of Washington, 1877, title X, sec. 58, p. 275. 10 Laws of Washington, 1879, ch. V, sec. 84, p. 25. "Laws of Washington, 1883, title X, sec. 57, p. 17.

Laws of Washington, 1885–36, title X, sec. 58, p. 20, Feb. 4, 1886.