USA > California > A history of the new California, its resources and people; Vol I > Part 24
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Sonoma county had 5 small schools, and 250 children, Solano county, 200 children and one school, at Benicia, half public and half private; Trinity county, 125 children, and one school of 50 pupils, at Uniontown; Tuolumne county, 150 children and no school; Yolo county, 75 children and no school ; Yuba county had 150 children, and one school in Marysville, of 30 scholars, taught by Tyler Thatcher and his wife.
From these rough materials Mr. Marvin estimated the number of chil- dren in the state between. 4 and 18 years of age to be about 6,000. There was then no organized state school system, and most of the schools men- tioned in the preceding items were private schools supported by tuition.
At the third session of the legislature, held in Vallejo and Sacramento, 1852, Hon. Frank Soulé, chairman of the Senate Committee on Education, made an able report in favor of common schools, and introduced a revised school law much more complete than the law of 1851.
Hon. Paul K. Hubbs, of the senate, afterward superintendent of pub- lic instruction, State Superintendent Marvin and Mr. Pelton, assisted Mr. Soulé in framing the bill.
A select committee of the assembly on the Senate bill (Mr. Boggs, chairman) reported strongly against many features of the bill; thought that parents could take care of their own children; that the senate and the coun- ties were in debt; that taxation ought not to be increased-the standing argu- ment of Mr. Corey-and therefore recommended that the bill be postponed one year, and yet had the unblushing impudence to wind up their report by declaring themselves faithful friends of common schools and loyal lovers of children!" Finally a committee of conference was appointed, on which appear the names of J. M. Estell, Henry A. Crabb and A. C. Peachy, who reported in favor of the bill with the sections relating to the sale of school lands stricken out, to be amended and passed as a separate bill. It was pro- posed by Mr. Soulé and others who assisted in framing the bill, that the 500,000 acres of school lands should be located by the State Board of Educa- tion, and held until the land should sell for a reasonable price.
But there was a big land speculation in the eyes of some members of the legislature: and so the policy prevailed of disposing of these lands at $2.25 per acre, payable in depreciated state script. The total amount finally
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realized from this magnificent land grant was only about $600,000. It might have been made two or three millions.
FIRST STATE SCHOOL TAX.
The bill was passed, and a provision was inserted in the revenue law levying a state school tax of five cents on each one hundred dollars of tax- able property of the state. This school law made a provision for a State Board of Education, consisting of the governor, surveyor general and super- intendent of public instruction : made county assessors ex-officio county su- perintendents ; three school commissioners in each district, elected for one year; constables to be school census marshals; the school year to end Octo- ber 31st; state school fund to be apportioned to districts according to the number of census children between five and eighteen years of age; state school fund to be used exclusively for teachers' salaries, and fifty per cent of county fund for the same purpose; that no books of a denominational or sectarian character should be used in any common schools; defined the duties of county superintendents, and of the state superintendent and school commissioners: authorized the common council in incorporated towns to raise a school tax not to exceed three cents on a hundred dollars; to pro- vide for examination of teachers: to make rules and regulations for govern- ment of schools; authorized counties to levy a school tax not exceeding three cents on a hundred dollars; provided that no school should receive any apportionment of public money, unless free from all denominational and sectarian bias, control or influence whatever; and closed by giving permis- sion to teachers to assemble at Sacramento, once a year, on the call of the superintendent of public instruction. to discuss and recommend improve- ments in teaching. Approved May 3, 1852.
In his second annual report, Mr. Marvin stated that the number of children between four and eighteen years of age was 17,821; that by a blunder of the enrolling clerk, the section creating the office of county su- perintendent was omitted, and the duties were specified without creating the office, and in consequence thereof the State Board of Education had not been able to apportion the state fund, which at that time amounted to $18,- 289, of which $14,874 was received from the five cent revenue tax; that the sales of school lands had amounted to 150,000 acres, yielding $300,000 on
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interest at the rate of seven per cent per annum. He recommended that the county assessors be made ex-officio county superintendents; that trus- tees be required to report to the state superintendent as well as to county superintendents; that the Catholic schools be allowed their pro rata of the public fund; that no necessity existed for a normal school, as the supply of teachers was greater than the demand; that the number of organized public schools was 20, the number of children attending public schools 3,314, and the total expenditure as reported, $28,000.
The report embraced twelve mission and church schools in various parts of the state, including 579 children in attendance.
SALE OF SCHOOL LANDS.
The law regulating the sale of 500,000 acres of school lands, passed May 3, 1852, authorized the governor to issue land warrants of not less than 160 acres, nor more than 320 acres; the state treasurer was authorized to sell said lands at two dollars per acre, and to receive in payment controller's warrants drawn upon the general fund, or the bonds of the civil debt of the state; and to convert all moneys and all state three per cent bonds or con- troller's warrants so received by him into bonds of the civil funded debt of the state, bearing interest at seven per cent per annum, and to keep such bonds as a special deposit, marked "School Fund," to the credit of said school fund.
Under this provision the sales of land in 1852 amounted to 150,000 acres, yielding $300,000.
SOME AMENDMENTS.
At the fourth session of the legislature, 1853, the school law was amended by the following provisions: That controller's warrants received for school lands, should draw interest at seven per cent, the same rate as civil bonds; that the state treasurer should keep a separate and distinct ac- count of the common school fund, and of the interest and income thereof, and that no portion should be devoted to any other purpose; that county as- sessors should be made ex-officio county superintendents; that all county school officers should be paid such compensation as allowed by county su- pervisors; that cities should have power to raise by tax whatever amount
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of money was necessary for school purposes; that counties should have power to levy a school tax not exceeding five cents on a hundred dollars; that re- ligious and sectarian schools should receive a pro rata share of the school fund.
The provision allowing the Catholic schools a share of the school fund was as follows:
"Sec. 7. Article five of said act ( 1852) is hereby amended by adding after section two the following additional sections :
" 'Section Three. The county superintendent may and is hereby em- powered in incorporated cities, to appoint three school commissioners for any common school or district upon petition of the inhabitants thereof requesting the same.
" 'Section Four. Such schools shall be and are hereby entitled to all the rights and privileges of any other city or common school, in the pro rata division of school money raised by taxation, and shall receive its proportion of money from the state school fund in the annual distribution; provided, they are conducted in accordance with the requirements of this act.'"
This provision gave rise to the formation of the so-called "ward schools" of San Francisco.
Paul K. Hubbs, who had been a member of the last previous legisla- ture, was elected as successor to John G. Marvin, and took office on the first of January, 1854. In his very brief annual report, January 24, 1854, he stated that the school fund, from the sale of school lands, amounted to $463,000, on which the annual interest was $32,000; that the sale of school lands had entirely ceased, and that there remained unsold 268,000 acres of the 500,000 acre grant. He dwelt on the necessity of reserving all sales of the sixteenth and thirty-sixth sections for township funds exclusively. Mr. Hubbs further recommended that the school fund be apportioned ac- cording to the average attendance on school, instead of the number of cen- sus children, and urged the establishment of a state university.
No tabular statistics whatever were published with this report.
In the fifth session of the legislature, 1854, it was provided in the Revenue Act that fifteen per cent of the state poll taxes should be paid into the school fund. A well prepared school law was introduced by Hon. D. R. Ashley, which, among other things, repealed the sections allowing sec- tarian schools a pro rata share of the school fund. It met with strong oppo-
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sition, finally passed to engrossment, but was buried in the rubbish of un- finished business at the end of the session.
Superintendent Hubbs opened his second report with the statement, "that though the average attendance on school had increased from 2,000 in 1853 to 5,751 in 1854, the report nevertheless exhibited the lamentable fact that the children of our state are growing up devoid of learning to read and write." He recommended the establishment of a state industrial school; that school commissioners be elected for three years, one annually ; that the office of county superintendent be abolished, as tending to unneces- sary expense; that township treasurers be elected, to report to the state su- perintendent ; argued in favor of township school funds; stated that no income had ever been derived from 'escheated estates,' though it had been estimated that millions belonged of right to that fund; and urged a state university. A crude and confused tabular statement was attached to this report.
During the sixth session of the legislature, 1855, Hon. D. R. Ashley introduced a school bill which was in substance the same as that defeated at the last previous session. After some opposition, with a few amend- ments it became a law, approved May 3, 1855.
This revised law enlarged the powers of school trustees; provided for the election of county superintendents, and defined their duties; and em- powered the common councils of incorporated cities to raise a school tax not exceeding twenty-five cents on a hundred dollars; to collect and dis- burse school moneys; to establish school districts; to provide by election or by appointment for city boards of education, and city superintendents; to establish schools on petition of fifty heads of families, provided that no sec- tarian doctrines should be taught therein, and that such schools be under the same supervision as other schools.
It provided that no school should be entitled to any share of the pub- lic fund that had not been taught by teachers duly examined and approved by legal authority, and that no sectarian books should be used, and no sectarian doctrines should be taught in any public school under penalty of forfeiting the public funds. The stringent pro- vision settled then, and probably forever, the question of an American system of public schools in this state, free from the bitterness of sectarian
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strife and the intolerance of religious bigotry. The public schools are free to the children of the people, and free from the influence of church or sect.
This law of 1855 also provided that controller's warrants paid into the treasury for school lands should draw the same rate of interest as civil bonds, and that the state treasurer should indorse on such warrants, "Common School Fund," and that no portion of such securities should be sold or ex- changed, except by special act of the legislature; it authorized counties to raise a school tax not exceeding ten cents on a hundred dollars, to apportion the same on the same basis as the state fund, and to appropriate the moneys so derived for building houses, purchasing libraries, or for salaries. This law contained many excellent provisions, and was a very great advance on all previous school bills. Its main features are retained in the school law of the present day.
Superintendent Hubbs renewed his recommendations for the sale of school lands, and put in a special plea for township funds; recommended that all school lands and school funds be placed under the control of the State Board of Education ; asked a direct appropriation of $100,000; con- sidered the new school law behind the age; recommended that the office of county superintendent be abolished, and that the district township system be adopted; that the school fund be apportioned according to the average daily attendance.
This report was accompanied by inaccurate statistical tables.
The last report of Superintendent Hubbs was a brief one, without any statistical table whatever-not even the number of census children in the state.
He urged all his previous recommendations concerning school lands, and township lands in particular, the establishment of a grand university, with an agricultural department, and a military school; a legislative re- quirement that a uniform series of elementary books be used in all the pub- lic schools; entered his protest against certain "partisan and sectional" text- books sent him from the east; and closed by a eulogy on the English lan- guage and the Anglo-Saxon race.
Paul K. Hubbs was succeeded in office, in 1857, by Andrew J. Moulder. Mr. Moulder's first report opened as follows :
"The number of schools has increased in four years from 53 to 367-
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nearly sevenfold; the number of teachers, from 50 to 486, nearly tenfold; the number of children reported by census, from 11,242 to 35,722-more than threefold, whilst the semi-annual contribution by the state has dwindled from $53,5II.II to $28,342.16, or nearly one-half; and the average paid each teacher, from $955 to $58.32-that is to say, to less than one-sixteenth of the average under the first apportionment.
"I will not waste words on such an exhibit. If it be not con- vincing that the support derived from the state is altogether insufficient, and ought to be augmented, no appeal of mine could enforce it.
"But this I may be permitted to say, that we have no such thing as pub- lic schools, in the full acceptance of the term-that is to say, schools at which all the children of the state may be educated, free of expense. That $9.72 per month to each teacher, contributed by the state, never can main- tain a public school; that the contributions by parents and guardians to keep up the schools are onerous, oftentimes unequal, and must, in time, damp their ardor in the cause of education; that our 367 schools are compara- tively in their infancy, and now, above all other times, should be cherished and encouraged by the state. Lacking such fostering care and encourage- ment, it is to be feared they will languish and gradually lose their hold upon the popular favor. Is it not worth more than an ordinary effort to avert such a calamity ?"
He recommended that the maximum rate of county school tax be in- creased from ten cents to twenty cents on a hundred dollars; that no war- rants should be issued by trustees on the district funds, unless there was cash in the treasury to pay them; and that all funds coming into the treas- ury during one school year should be used exclusively for the payment of expenses of that year; asked an appropriation of $3,000 for teachers' insti- tutes; favored the establishment of a state industrial school; recommended that all school lands be placed under the immediate charge of the State Board of Education, with power to locate and sell at one dollar and twenty- five cents per acre; that the proceeds of the sales of the 16th and 36th sections of township lands be consolidated into one general school fund, and that a state military institute be established.
The following extract will illustrate his views on a state university :
"Ours is eminently a practical age. We want no pale and sickly schol-
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ars, profound in their knowledge of the dead or other languages and cus- toms. We need energetic citizens, skilled in the arts of the living, and capable of instructing their less favored fellows in the pursuits that con- tribute to the material prosperity of our state. For what useful occupa- tion are the graduates of most of our old colleges fit? and not of ours alone, but of the time-honored universities of England. Many of them are bright scholars, ornaments to their alma mater-they are perhaps all that the sys- tem under which they have been instructed could make them; they are learned in the antiquities of nations long since gone; they are eloquent in Latin ; they may write a dissertation on the Greek particle; be masters of the rules of logic and the dogmas of ethics-all valuable acquirements, it is true; but when, after years of toil, they have received their diploma, their edu- cation for practical life has just commenced. They have still to study for a profession-are still dependent upon their parents.
"This may do for old settled communities, but it will never answer for California. A young man at seventeen, eighteen or twenty years of age, in this state, must expect to start in life for himself. He must have some occupation that will maintain him. Longer dependence is not to be tolerated or expected.
"To fit our youth for such occupations, to end this dependence, must be the object of our university.
"I would therefore urge that such professorships only shall be estab- lished at first as will turn out practical and scientific civil engineers, min- ing engineers, surveyors, metallurgists, smelters, assayers, geologists or scientific prospectors, chemists, both manufacturing and agricultural; archi- tects ; builders, and last, but not least, school teachers.
·
"Let me call your attention, however, to the necessity of educating a class of our young men in mining engineering.
"The character of mining has undergone great changes since eighteen hundred and forty-nine and eighteen hundred and fifty. Enterprises are now conducted on an extensive scale. Tunnels of great magnitude, with labyrinthine galleries, are run into the mountains, deep shafts with far- stretching drifts are sunk, quartz works and mills are multiplying. In all these enterprises a skilful engineer would be a valuable acquisition; and as they progress in magnitude, his services would become indispensable. It
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is from the want of such directing intelligence that we so often hear of accidents in the mines. Our state has scarcely started in the work of in- ternal improvements. None offers more inducements-in none will more be needed. For these we shall require civil engineers and surveyors, and all such will, in a few years, find employment."
The statistical tables accompanying the report were very brief, em- bracing only the number of census children and the average daily attendance.
The legislatures of 1856 and 1857 did not trouble themselves about the school law, and no amendments worth mentioning were made ..
The legislature of 1858 made an advance in school legislation by pro- viding that school districts, by a vote of the people, could levy a district tax for the support of schools or for building schoolhouses under the restric- tions that the district must have maintained a school four months; that the public money must be insufficient to defray one-half the expense of another term; that a tax for supporting a school and for building a school- house could not both be levied the same year, and that the trustees con- sidered the tax advisable. This law was not well drawn, and great difficulty was experienced in collecting the taxes voted under it, the heavy taxpayers who chose to resist it generally escaping without payment. As a necessary result, comparatively few taxes were voted under it, and not till 1863 was a liberal and effective law passed whose provisions were as binding as those regulating the collection of state or county taxes.
The legislature of 1856 passed a concurrent resolution instructing their representatives in Congress to use their influence to secure the surveys of the 16th and 36th sections of township school lands, and also to secure a law authorizing townships in the mineral districts to locate two sections in lieu thereof on the agricultural lands of the state.
The legislature of 1858 passed a similar concurrent resolution.
A law was passed providing for the sale of the remainder of the 500,- 000 acre grant, and the 72 sections for a state university, which provided that the governor should appoint a land locating agent in each land dis- trict of the state, who should locate in tracts not exceeding 320 acres; that purchasers should pay $1.25 per acre or, if they preferred, twenty per cent down, and interest on the remainder at ten per cent per annum, in advance; that said agents should also locate lands in lieu of occupied 16th and 36th
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sections, at the request of the county supervisors; that the State Board of Examiners, whenever it should appear that more than $10,000 had been re- ceived by the state treasurer as purchase money for such lands, should pur- chase bonds of the civil funded debt of the state after advertising, at their lowest values; that such bonds should be marked "School Fund," and held in custody of the state treasurer; that at the expiration of one year the State Board of Examiners should take and use $57,600 of any money belonging to the school fund and purchase bonds, which should be marked "Seminary Fund," and that all interest on said fund should also be invested in bonds.
An act was also passed repealing that of 1855, and providing for the sale of the 16th and 36th sections of township lands by the boards of super- visors.
This was one of the longest and ablest of Mr. Moulder's reports. He opened with the statement that the schools of California were not credit- able to the state, and showed the necessity of an immediate appropriation by the state of $100,000. Concerning this, he goes on to say :
"A classification and analysis of the reports of full 2,000 school officers of this department show that there are 40,530 children in the state between 4 and 18 years of age; that the whole number attending school during the year 1858 was 19,822, and that the daily average attendance was but 11, 183. It follows that 20,708 children have not been inside of a public schoolhouse, and that 29,347 have, in effect, received no instruction during the year.
"If this state of things is 'very good for California,' and we do not take instant and effective means to remedy it, these 29,347 neglected children will grow up into 29,347 benighted men and women; a number nearly suf- ficient at ordinary times, to control the vote of the state, and, in consequence, to shape its legislation and its destiny !
"Damning as the record is, it is yet lamentably true that during the last five years the state of California has paid $754,193.80 for the support of criminals, and but $284,183.69 for the education of the young!
"In other words, she has paid nearly three times as much for the sup- port of an average of four hundred criminals as for the training and cul- ture of thirty thousand children.
"To make the point more forcible, the figures show that she has ex- pended $1,885 on every criminal and $9 on every child!"
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He recommended that districts should be required to maintain a school six months instead of three, to entitle them to apportionment; that the authority of examining teachers should be transferred from trustees to a county board; that the maximum county tax should be raised to twenty cents on a hundred dollars; that county treasurers should not be allowed a percentage for disbursing state school moneys; that county superintendents, marshals, and trustees should be paid out of the county general fund; and that negroes, Mongolians, and Indians should not be allowed to attend the schools for white children, under penalty of the forfeiture of the public school money by districts admitting such children into school.
He reported that he had prepared a volume of "Commentaries on the School Law," containing suggestions on school architecture and extracts from the best authors on education. He argued at length the policy of con- solidating the proceeds of the sales of the 16th and 36th sections into a state fund.
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