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missioners were authorized to lease school lands at not less than $10 per year for a quarter section." Further discussion will be found in the chapter on school finance.

First provision for city superintendent.-In 1881 on authorizing the formation of union or graded school districts it was stated that "the directors of incorporated city or town districts may, in their discretion, elect one city or town school superintendent in each of said districts, who may be a teacher of the district and who shall have the control or management of all the schools in his district, subject to the concurrence of the board of directors.42 In 1888 it was made mandatory "to employ a city superintendent" in incorporated cities or towns of 8,000 inhabitants. Such incorporations were to form a single school district and be under a board of directors of five members." 43

The course of study.-"All schools shall be taught in the English language, and instruction shall be given in the following branches, viz: Reading, writing, orthography, arithmetic, geography, English grammar, physiology, and history of the United States, and such other studies as may be authorized by the directors of the district. Attention shall be given during the entire course, to the cultivation of manners, morals, to the laws of health, physical exercises, ventilation, and temperature of the schoolroom.""

In 1881 when authorizing the establishment of graded schools the legislature decreed that "no language other than the English, and no mathematics higher than arithmetic shall be taught." 45

Teaching of physiology and hygiene with special reference to stimulants and narcotics.-On December 23, 1885, a statute was enacted with reference to the teaching of physiology and hygiene. It was stated

That physiology and hygiene which shall in each division of the subject so pursued, include special reference to the effects of alcoholic drinks, stimulants, and narcotics upon the human system, shall be included in the branches of study now required by law to be taught in the common schools of this Territory, and shall be introduced and studied as a regular branch in the same manner and be governed by the same rules which govern the study of any other branch, and shall be so studied by all pupils in all departments of the public schools of the Territory, and in all educational institutions supported wholly or in part by money from the county or Territorial treasury.

Boards of directors, county superintendents, and teachers were liable to punishment for failing to observe the law. All teachers

Laws of Washington, 1869, sec. 1, p. 401.
Laws of Washington, 1881, sec. 1, p. 27.

Laws of Washington, 1888, sec. 1. p. 20.

"Laws of Washington, 1877, title IX, sec. 52, p. 274.

Laws of Washington, 1881, sec. 1, p. 27.

were required to pass an examination in the subject before receiving a certificate to teach."

School for defective youth.-On February 3, 1886, the legislature provided for the establishment at Vancouver of the Washington School for Defective Youth for the education of the deaf, blind, and feeble-minded. They were very precise in specifying the qualifications of the director and very generous for the time in the salary. “The director of the school shall be a competent expert educator of youth; a hearing man of sound learning and morals, not under thirty nor over seventy years of age; practically acquainted with the school management and class instruction of the deaf, blind, and feebleminded. He shall reside in the school and be furnished quarters, heat, light, and fuel." His salary was fixed at $900 with an annual increase of $100 up to $1,500.

5. The School Law Enacted in 1877

Preliminary study. In July 1876 Territorial Superintendent Judson called a Territorial teachers' convention at Olympia and submitted a draft of a bill calculated to remedy the evils existing under the old law. After this consideration he invited criticism during the year. In July 1877 he reassembled the convention in Seattle. Three days were devoted to the consideration of the bill. Following that it was printed and distributed over various parts of the Territory for criticism. In October 1877 the convention again met at Olympia. After making some modifications the bill was submitted to the legislature. That body, after making some changes in the bill, enacted it into law on November 9, 1877. The law took effect on January 1, 1878." This law is usually referred to as the "Law of 1877." In reality it should be considered as the law of 1878, as that is the date when it took effect.

The main features in which that law differed from preceding legislation will be indicated. The features which were essential reenactments of preceding statutes will not be restated.

School revenues.-Wonderful foresight and altruism have been in evidence regarding the raising and apportionment of school rev enues throughout the entire history of education in Washington. This wisdom and beneficence was evidenced by those in the Federal Halls of Congress at the time territorial and statehood sovereignty were granted to the various commonwealths established subsequent

"Laws of Washington, 1885-86 secs. 1-7, pp. 29–31.

47 Ibid., secs. 1-35, pp. 136-141.

Biennial Report of the Superintendent of Public Instruction, 1879, pp. 3–4. "Laws of Washington, 1877, titles I-XVII, pp. 259–263.

to enactment of the ordinance of 1787. Under that act every Territory and State have been granted the sixteenth and thirty-sixth sections of land for the purpose of providing a permanent commonschool fund. In addition two townships of land have been granted to each Territory and State for establishing and maintaining a university. Various other Federal grants will be noted in another

connection.

Wisely Congress left the management of education to the respective commonwealths. This has stimulated local pride and effort. The Washington Legislature seemed to catch the vision and framed educational legislation accordingly. This is evidenced in the following:

1. The revenues derived from the sale of Federal-granted lands were to form a permanent, irreducible school fund, only the interest of which was to be used as a current school fund.

2. Provision has been made to conserve these lands and not to sell them at too low a figure. Foresight would have increased the funds, but this State has done much better than most other States.

3. Fines from law breaking have been allotted to the schools, evidently in the hope of decreasing law breaking.

4. The Territory (State) has through the foregoing sought to insure every child the minimum essentials of an education, and to equalize the burdens of taxation.

5. The counties have been made responsible for contributing their quotas of school revenues. From the outset each county was required by Territorial statute to raise for school purposes a certain number of mills on each dollar of taxable property.

6. Each school district has been allowed opportunity for initiative in providing additional revenues. In some instances the Territory specified the local tax rate that must be levied, but in more cases has specified maximum rates to protect the taxpayers from excessive burdens, which local pride might lead them to assume. School district directors.-At the outset the law provided for the election by the legally qualified voters of three directors to hold office for terms of 3 years. This has prevailed to the present, except in certain classes of districts which will be discussed later. Directors were to be elected at an annual meeting held purely for school business and not at the time of political city or State elections. That was a wise provision and the precedent is still followed. Only taxpayers were eligible to vote at school elections. The main duties and powers specified were:

1. To call regular or special meetings.

2. To make out the tax list in the district.

3. Taxes were collected by the clerk of the district who received 5 percent as a commission. Both of these provisions were very bad ones and were later corrected.

4. To purchase sites, build schoolhouses, provide equipment and make repairs, etc.

5. To employ teachers holding certificates issued by the county superintendent.

6. To introduce uniform textbooks in the district if possible.

7. To employ a district clerk whose duties were: To keep records; to take the school census annually; to collect the district school taxes; to make an annual report to the county superintendent; to account to the district for all moneys received.

8. "To visit and examine the school or schools of their respective districts at least twice in each term and when the teacher experiences difficulty in the government of the school, it shall be his duty to refer the case of disorderly scholars to the directors, who shall decide how such scholars shall be punished, or whether they shall be dismissed from school."

Only those who have experienced frontier life can fully appreciate the necessity for this last regulation. Frequently a gang of ruffians, men grown but illiterate, would attend school intermittently for a few weeks in the winter when work was slack. The school afforded a warm rendezvous and a means of social diversion. The more they irritated the teacher and bullied the smaller pupils the more they exulted in their prowess. Sometimes they were not bad, simply unoccupied and spoiling for excitement; but sometimes they were real desperadoes, toting guns and bad whiskey, constant terrors to their neighborhoods.

Union or graded schools were authorized as a new feature.

(a) Two or more districts were permitted to unite to establish a union or graded school "in which instruction shall be given in the higher branches of education." These were later specified by the Territorial board of education.

(b) Any single district was permitted to establish a graded school for similar purposes.

(c) In all cities and towns having 500 pupils the district was required to establish a graded school under such regulations as the district boards might prescribe.

Subjects taught. The law specified that all public schools were to be taught in the English language. The subjects enumerated were "reading, writing, orthography, arithmetic, geography, English grammar, physiology, and history of the United States, and such other studies as may be authorized by the directors of the district. Attention shall be given during the entire course to the cultivation of manners and morals, to the laws of health, physical exercises, ventilation, and temperature of the schoolroom."

The county superintendency.-In the basic law of 1854 no mention is made of a Territorial superintendent of schools to organize, integrate, and administer education in the entire commonwealth. With the scant population, widely separated schools, and poor facilities for communication and transportation it was undoubtedly assumed that no such coordinating office was necessary.

Provision was made in the law for a county superintendent of common schools in each county. He was to be elected by the legal voters at their annual election for a term of 3 years. Nothing in the statute seems to preclude reelection. The salary was fixed at the munificent sum of $25 a year. A provision was made whereby "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." No records are available to reveal to what extent increases were made.

The chief duties prescribed for the county superintendents were: 1. To establish boundary lines of new school districts or to make changes in old ones.

2. To collect the fines designated for school support.

3. To preserve from injury or trespass all school lands.

4. To apportion the school funds to the school districts on the basis of the number of census children from 4 to 21 years of age.

5. To conduct teachers' examinations and issue certificates, valid for 1 year, to successful candidates. The subjects for examination included "orthography, reading, writing, arithmetic, English grammar, and geography." Certificates were to be granted if in their opinion the persons were competent to teach and of good moral character. 6. To visit all the schools at least once each year.

7. "To promote the introduction of a good and uniform system of schoolbooks throughout the county."

8. To make an annual statement from the district reports furnished by district clerks and teachers. These were to indicate the number of pupils, expenditures, and any other "information and suggestions as he

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