USA > Indiana > A history of education in Indiana > Part 20
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Most serious of all, however, they had a relatively limited patronage, and were more or less exclusive. At best they touched but the cities and towns, with an occasional youth from the rural districts. The great body of children never
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entered one of the seventy-five or a hundred seminaries. The ambitious and capable were attracted from whatever residence. But the great class of the mediocre, the un- schooled, the ignorant, the improvident, upon whose eleva- tion is conditioned the elevation of the State, were not reached by such schools. The influence of the seminary was saving to its patrons, but lacked the universality that belongs of right to a State system.
With the improvement of the elementary grades, the rise of public high schools, and the integration of the system, the seminaries had less and less place. Except among church schools, the State now has but few left.
2. Legislation of 1865.
In spite of the cumulative discouragements, the friends of education did not generally despair. During the fifteen years from 1854 to 1869, among the superintendents of public instruction were Mills, the father of the system; Larrabee, the first occupant of the office; Rugg, the financier and man- ager; the scholarly Fletcher and Hoshour; and Prof. Hoss. practical official and teacher-all in perfect sympathy with progressive educational movements, and solicitous for the State's welfare. With educators and interested public men in the professions, tradesmen and citizens generally, they were indefatigable in their efforts to reclaim the ground lost in their recent reverses.
As the surest step, though involving a long and tedious way, it was first sought to amend the Constitution. Accord- ingly, it was enacted by the General Assembly of 1861 " that the following amendment be proposed to the Constitution of the State: 'Incorporated cities, townships, and towns shall have power, by taxation, under regulations prescribed by the General Assembly, to raise revenue for the support of com- mon schools in addition to the revenue derived for that pur_ pose from the State.'" * This act, failing of recognition by
* March 6, 1865. Sce acts, regular session, 1865, p. 181.
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TWENTY YEARS UNDER THE NEW LAW.
the Legislature of 1863, became thereby annulled, and the work of reform must either be begun anew or attempted in some other way. A similar bill, having in view an amend- ment of the Constitution, was introduced into the Legislature of 1865, but nothing came of it.
Some really wholesome changes, however, were made in the school law by this same Legislature of 1865. History and physiology were added to the list of common-school or legal branches; the examiner was given new power; the school entrance was raised from five to six years; and the holding of teachers' institutes made obligatory upon county examiners-topics whose discussion may be found elsewhere. Besides these, the Legislature in regular session formally ac- cepted the congressional grant of land for the encourage- ment of agriculture and the mechanic arts made July 2, 1862; while at the special session, nine months later, was passed an act creating our State Normal School.
Incorporated cities might issue bonds for the building of school-houses, the incorporation of academies and high schools was legalized, and a section inserted in the revised law to the effect that "the Bible shall not be excluded from the public schools of the State."
3. Re-enactment of the Local Tax Law, 1867.
As a matter of fact, all this was so much gain. Additions to the school course, requiring township institutes, the found ing of the. Normal School, and accepting the Agricultural Land Grant, greatly dignified the educational attitude of the State. Along with these improvements there was much hope for the common school. Notwithstanding these ad- missions, the fact is matter of record that with thirteen cities in the State and ninety-five incorporated towns the average length of school term in more than 8,000 districts was yet but a fraction over three months-more than a month shorter than in 1864.
At the second State convention of county examiners, met at the call of Superintendent Hoss during the summer of
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UNDER THE NEW CONSTITUTION, 1851-'91.
1866, resolutions were passed urging three amendments to the school law-the admission of colored children to the benefits of the public schools, the creation of a county board of education, and provision for local tuition tax. During the following session of the Legislature this message of the convention, the common burden of school men throughout the State, was carried by the superintendent (G. W. Hoss) to the educational committees of the Assembly, and, in the author's own words, they were asked "to consider heroic treatment-namely, the re-enactment of the law decided un- constitutional in 1855 and 1857. This," he continues, " looked bold, almost rash, but after several meetings, a great deal of argument, and no little planning, the committees agreed to bring in a bill to that effect. The chief points presented in the argument were two: (1) That a general tax which would raise revenue sufficient to run schools six months in the rural districts would raise an excess of revenue in the cities, and thus work an injustice to them. (2) Public sentiment concerning the common-school system had greatly changed from 1857 to 1867, and hence (a) no one would have the hardihood to bring suit against the law in the next ten years ; and (b) if suit should be brought, the Court would, in all probability, hold the law constitutional."
The act, having passed both houses, was approved March 9, 1867, and reads as follows:
"SEC. 1. That the trustees of the civil township, the trus- tees of incorporated towns, and the common councils of cities shall have power to levy annually a tax not exceeding twenty-five cents on each one hundred dollars of taxable property, and twenty-five cents on each taxable poll; which tax shall be assessed and collected as the taxes for State and county revenues are assessed and collected.
"SEC. 2. The funds arising from such tax shall be under the charge and control of the same officers, secured by the same guarantees, subject to the same rules and regulations, and applied and expended in the same manner as funds arising from taxation for common-school purposes by the
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TWENTY YEARS UNDER THE NEW LAW.
laws of this State; Provided, That the funds assessed and col_ lected in any civil township, incorporated town or city, shall be applied and expended in the same civil township, incor- porated town or city in which such funds shall have been assessed and collected."
It will be seen at once that this is essentially the same law that was pronounced by the Supreme Court of the State in 1854 and 1857 to be unconstitutional. Nevertheless, it stood unquestioned for eighteen years. In the generation following the first adverse decision in 1854 public sentiment upon the means and conditions of education had greatly changed. The money invested in school property had in- creased from less than half a million dollars in 1854 to almost four millions in 1865, and to more than fourteen millions in 1885. The value of illustrative apparatus alone used by the common schools in the last-named year exceeded that in- vested in all school properties thirty years before. The en- rollment in the public schools had more than doubled, the number of teachers had trebled, and the revenues expended had increased from about half a million dollars in 1854 to five millions in 1885, or nearly ten times as much. With such material exhibit, and backed by a very general senti- ment of confidence in the efficiency of free schools, the people were slow to feel, and slower yet to express, any opposition to their general support. The "free school " seemed to have justified itself.
Finally, however, a case was brought to test the constitu- tionality of the act of March 9, 1867. After eighteen years of educational experience, years of toil and sacrifice, that had put fifty millions of dollars into elementary training-years whose unselfish efforts had raised Indiana from the rank of twenty-third among the States in literacy to the fourth, and so redeemed the name of " Hoosier "-the old antagonism to free, public, State-directed, State-supported elementary schools was concealed behind, though easily apparent through, the equally old charge of "unconstitutionality."
The case was that of Schenck vs. Robinson, brought in
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UNDER THE NEW CONSTITUTION, 1851-'91.
the Switzerland Circuit Court, in which an injunction was sought restraining the treasurer of that county from collect- ing a tax assessed against the complainant's property by the common council of the city of Vevay. It was claimed, as in former like cases, that "the statute authorizing the common councils of cities to levy a school tax, to be applied to the payment of the compensation of teachers employed in the common schools, is in conflict with the Constitution and void," citing former opinion to the effect that "taxes for tuition must be levied by the Legislature, and that the authority to levy them can not be delegated to the local school corpora- tions of the State."
The injunction was granted, and the case appealed to the Supreme Court, where, June 18, 1885,* Judge Elliott, pre- siding, overruled the finding of the lower Court, holding the section to be constitutional. The " opinion " is an elaborate and able one, citing the frequent reversals of the former judgment in the intervening years, the regenerative policy of the State, and its evident recognition of the spirit of the Constitution, and holds that "the provisions that the Legis- lature shall provide by law for a general and uniform system of common schools does not mean that the Legislature must directly and by a statute levy all taxes for each locality, nor that it shall prescribe rules for every school district of the State. The reasonable interpretation of this language is that the Legislature shall, by a general law, provide for conduct. ing schools and securing revenues from taxation, for their support through the instrumentalities of government "; such instrumentalities it explained as townships, towns, and cities. "If the local authorities," it continued, "may be invested with authority to levy taxes to build school-hous- es, then it must also be true that they may be invested with authority to levy taxes to employ teachers; for it is not possible to make any distinction between the right to employ persons to impart instruction to the pupils and the
* 102 Indiana, p. 307.
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TWENTY YEARS UNDER THE NEW LAW.
right to provide places where the instruction shall be im- parted."
The law was therefore held to be constitutional, and local assessments a legitimate source of revenue for extend ing the school term. The victory was a great one and com- plete.
In 1857, referring to the recent decisions of the Supreme Court, Superintendent Larrabee had said :* "These decisions settle beyond all question the meaning of the Constitution on the points involved. No rehearing before the same court, or ruling of any new court, will ever reverse these decisions, for they are unquestionably fortified by the principles and authorities which can not be successfully controverted."
But thirty years span most of a generation; and a genera- tion of intelligent, determined men may accomplish much. The old decisions were long ago reversed in the public mind. The " bench " only formulated the " opinion." Nobody to- day, perhaps, seriously questions the right or the wisdom of such local taxes. An educated sentiment vitalizes the need and erects it into an institution. What was held to be im- possible by Superintendent Larrabee is a common possession now. The public is rapidly coming to understand that while the State may set a minimum length of term, and (perhaps) a maximum local levy, the State system is stable only as it is supported by an intelligent community interest, ready to assume the responsibility.
4. Education of Negroes.
Nominally, for the first few years of the State's educa- tional experience, colored and white children had equal privi- leges in the few schools that existed. But this state of things could not long exist. Scarcely had Garrison spoken his first ringing words for freedom and right, and the " Lib- erator" been started, when the question was taken up in In- diana. The abolitionist found numerous friends in this Ohio
* Sixth report for 1857, p. 52.
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UNDER THE NEW CONSTITUTION, 1851-'91.
valley; but also met enemies. And the authority which, in 1824, was so solicitous for a system of education that should guard any distinctions of class, provided, in 1837, that " the white inhabitants of each congressional township " should alone constitute the local school corporation. A petition was presented to the Legislature of 1848-'49 asking "that a reasonable share of the school fund [revenue] be appropriated to the education of the colored people of this State." But the committee to whom the petition was referred reported that "legislation upon that subject was inexpedient." Article XIII of the Constitution of 1851, prohibiting negro immigra- tion and declaring contracts with negroes void, was adopted by a majority of 91,873 in a total vote of 135,783. Further than this, up to 1852 no account was taken of the negro population of the State in their school or other relations. In the revised law of that year it was required that trustees should "establish and conveniently locate in each township a sufficient number of schools for the education of the chil- dren therein." This was amended March 4, 1853, by the pro- vision that " in all enumerations the children of negroes and mulattoes should be omitted," and further that the property of negroes and mulattoes should not be taxed for school pur- poses, nor should any "negro or mulatto derive any of the benefits of the common schools of this State." This provision had really been incorporated in the former law, but was omitted through official oversight. A resolution of the House, instructing the educational committee to report pro- visions for the establishment of schools for the education of the negro children of the State, was overwhelmingly de- feated. And the committee of March, 1853, explained and justified its action by saying it was held to be "better for the weaker party that no privilege be extended to them, the tendency of which might be to induce the vain belief that the prejudices of the dominant race could ever be so mollified as to break down the rugged barriers that must forever exist between their social relations." The same spirit appeared even among those who urged the education of the negro, one
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TWENTY YEARS UNDER THE NEW LAW.
reason assigned being that by thus "elevating him in the scale of being " the "sense of his own degradation would be keener," and so "the greater his anxiety to seek another country, where, with the spirit of a man," he might " breathe the fresh air of social as well as political liberty !"
In such condition the negro in Indiana remained for six- teen years longer. Both the justice and expediency of the State's attitude were repeatedly questioned during the inter- vening years, and especially in the shadow of the great civil war. Philanthropy's deed had frequent record in behalf of the colored child. There were schools in the State for his education, but they were private or managed as missions. The negro had yet no part in the State's beneficence. In August, 1866, in the midst of the national contest over the Fourteenth Amendment, and but two years before it became a part of the Federal Constitution, the school examiners of Indiana, in convention assembled, resolved upon extending the requirements and benefits of the school system to the colored people of the State. Superintendent Hoss, in his official report of that year, argued the case strongly, and in- sisted that not only the needs of citizenship but the claims of humanity required that the State should provide equal facili- ties for the schooling of both negroes and whites.
Two years following, State Superintendent Hobbs included in his report letters from the school superintendents of thir- teen Northern States, in all of which, Illinois excepted, colored children were admitted to schools on the same terms as ap- plied to white children. Maine, New Hampshire, and Con- necticut made no reports. The showing was strongly in favor of concessive legislation in Indiana. Favorable senti- ment was growing.
Accordingly, May 13, 1869, there was passed by the Gen- eral Assemby " An act to render taxation for common-school purposes uniform, and to provide for the education of the colored children of the State." These were to be organized, if possible, into separate schools, or in some other way to be provided with such "means of education for said children as
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UNDER THE NEW CONSTITUTION, 1851-'91.
shall use their proportion, according to numbers, of school revenue to the best advantage." Eight years later it was re- quired "that in case there may not be provided separate schools for colored children, then such colored children shall be allowed to attend the public schools with white children," with all the privileges of promotion and secondary or higher instruction. This marked a real and significant advance, and fixed a standard of administration of schools that still obtains.
In 1876 there were enumerated 10,261 colored children. Sixty-eight per cent were enrolled in public schools. Twelve years later the school census had increased to 17,750, and the enrollments to 8,498, or less than 48 per cent. There are now (1890) something more than 150 schools, with 20,000 pupils, generally under the control of colored teachers. Most of them are found in cities or towns.
CHAPTER XVIII.
THE LAW OF 1873.
AFTER the re-enactment of the local tuition tax law in 1867, the most notable legislation of recent years in Indiana was what is known as the County Superintendency Law of 1873.
There had been county school officers of some sort throughout most of the history of the State, but they were chiefly prudential and managed the lands and school moneys, as did the school commissioners; or examined teachers, and had no other duties, as the earliest examiners, or added to this a somewhat voluntary and limited super- visory control of schools, as obtained under the revised law of 1852. County control of schools had already a long standing; the law of 1873 sought to give to the more profes- sional services of the superintendent a legal sanction. The
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THE LAW OF 1873.
evolution of this larger function constitutes an interesting bit of our educational history. The school commissioner- ship was abolished by the law of 1849, and the duties of the office required to be performed in part by the county audi- tor, or in some counties by the clerk, and in part by the treasurer. Even after this, however, the office was continued in those counties that refused to accept the law of 1849, a condition of affairs that applied to nearly one third of the State.
This act made no mention of the examination of teachers other than requiring schools to be taught in each township "by legally qualified teachers for at least three months in each year." Under this law, therefore, the act of 1837 con- cerning examiners remained in force. These-three in each county-were appointed by the Circuit Court, and held office "until others were appointed in their places."
The office was not an onerous one, and was rarely filled by persons appointed for their fitness, sometimes by teachers or ex-teachers, generally by professional or tradesmen, often in a perfunctory way. The law required only that they should " examine such persons as should apply for that pur- pose, and certify what branches they were qualified to teach."
With persons of different degrees of attainment and ex- perience, each operating independently of the others, there was not possible any uniform standard of examination. "He who was most lenient and superficial was most patronized. A teacher failing to pass with one examiner frequently ap- plied to another and received license." In no respect does a system show itself weaker than in the careless or indiscrimi- nate selection of teachers. Good schools mean good teach- ers. This requires a wise and critical sifting of applicants, in which sifting most laws fail, notably the earlier ones.
By the provisions of the new law of 1852 the proper cer- tificating of teachers was made a part of the duty of the Su- perintendent of Public Instruction, "by himself or deputy." ยท Of deputies the law, parenthetically, authorizes the superin-
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UNDER TIIE NEW CONSTITUTION, 1851-'91.
tendent "to appoint one in each county." A few such offi- cers were so appointed under this statute, but almost imme- diately their appointment was intrusted to the commissioners in each county, and the teachers' examinations were little more satisfactory than they had been twenty years before. In 1856 Superintendent Mills recommended the appointment of three examiners in each county-one each year for three years-and said "such board should hold stated meetings give due notice of time and place, and issue licenses only as a board, and on the basis of a formal examination." This would have been a great advance, but nothing came of it then.
Already, in 1859, it was becoming recognized that there were certain school functions, both supervisory and admin- istrative, that were not being performed by any existing officer. In the words of Superintendent Rugg, in the exist- ing system there was "a gap in the supervision of its inter- ests and affairs which, if properly filled up, would contribute much to facilitate its workings and assist in its administra- tion." He therefore recommended that the examiners, not the auditor, be held responsible for the annual school re- ports. They should "visit and inspect the schools of their respective counties," looking to "greater uniformity in their organization and management," and "conformity to lawful regulations, and the approved and successful methods of imparting instruction." They should have charge of teach- ers' institutes, examine and license teachers, direct the man- agement of the township libraries, and receive the reports from township trustees, forwarding to the State office.
This all suggested an integration of the school system such as Indiana had not yet known. It meant centraliza -. tion, closer supervision, or rather supervision where had been none. It demanded one system, not many. These re- sults, most of which have since been incorporated into our school organization, were not reached at once, or without opposition. Mr. Rugg saw well into the future. Supervis- ion, as the chief function of the county school officer, was
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THE LAW OF 1873.
given large legal recognition only in 1873-a full generation after its first recommendation.
But in 1861 the former law was so modified as to substi- tute one examiner in each county for the three which had been. He was appointed by the board of county commis- sioners for a term of three years; all examinations were re- quired to be public, the granting of a license upon private examination being prohibited. A fee of one dollar was al- lowed for each applicant, which constituted the only official compensation. In addition to these duties the examiner was required to make annual reports to the Superintendent of Public Instruction, including the school census, and other statistics made up from the trustees' reports, and similar re- ports to the county auditor, showing the basis of the appor- tionment of school revenue to the several townships, towns, and cities of the county.
But the greatest advance appeared in the provision that " said examiner shall constitute a medium of communication between the Superintendent of Public Instruction and the subordinate school officers and schools; they shall visit the schools of their respective counties as often as they may deem it necessary, during each term, for the purpose of in- creasing their usefulness, and elevating as far as practicable the poorer schools to the standard of the best; advising and securing, as far as practicable, uniformity in their organiza- tion and management, and their conformity to the law and the regulations and instructions of the State Board of Edu- cation and Superintendent of Public Instruction, and shall encourage teachers' institutes and associations. They shall receive from the trustees their reports of enumeration, and their regular school and other reports, which are required by law to be made by them, and otherwise gather up the necessary data and information, including that relative to private schools, high schools, colleges, and other private in- stitutions of learning within their respective counties, so as to present a view of the educational facilities of the State, and enable them to make full and complete reports to the
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