USA > Missouri > Lafayette County > History of Lafayette county, Mo. , carefully written and compiled from the most authentic official and private sources, including a history of its townships, cities, towns, and villages > Part 4
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COUNTY SCHOOL COMMISSIONERS-Elected at the annual school meet- ings of the various school districts for the term of two years; compen- sation varies according to population of county, from twenty to forty dollars per annum and a fee, additional, of one and one-half dollars from each teacher undergoing examination; examines teachers, grants and revokes certificates; has final jurisdiction over appealed cases of changes of district boundaries, appealed from the annual meetings; condenses and reports to state superintendent of public schools the educational statistics of the county, as received by him from the district boards of directors; supplies the districts with copies of the law, and all blanks needed; performs any and all duties required by the State Superintend- ent, and in counties where the people have voted in favor of it, employs his whole time in supervision and school work.
MISCELLANEOUS .- To draw public money, districts must maintain at least three months public school in each year, but the law requires and provides that four months shall be taught. Any person between the ages of six and twenty years may attend the public schools. In cities, towns and villages, the boards are authorized to hold from five to ten months term of school each year, and in the country districts the people may vote an extension of term over four months. The rate of taxation for school purposes, in addition to the distributed state, county and town- ship, or sixteenth section funds, is limited to forty cents on the $100 valu- ation, except that the people, at the annual school meeting, may vote an increase not to exeed sixty-five cents on the $100, by a majority vote of tax-payers. To raise funds by taxation for building purposes, requires
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36
HISTORY OF THE STATE OF MISSOURI.
that the increased rate be voted by two-thirds of the qualified voters voting at the annual or special meeting.
ANNUAL SCHOOL MEETING- Meets at the district school house annu- ally, and elects a director for a full term, and fills vacancies in the board; determines the length of time in excess of four months, that the schools shall be kept open, and orders the proper levies within the limitations to be made therefor; votes a sum not exceeding $20 per annum for pur- chase of books for district library; decides for or against proposed changes of district boundary lines; directs the sale of property no longer required, and determines the applications of proceeds; designates their choice for county school commissioner every second year; directs the loan of money to aid in erecting school houses; directs the levy of tax for the erection of school houses; determines the location of the school house or houses; by a two-thirds vote changes location of school house; receives the reports of school district board as to financial condition, and itemized receipts and disbursements for the year ending.
DISTRICT BOARDS-Consist of three members in the country districts, and six members in the city, town and village districts; each elected for a term of three years; one, annually, in the country, and two in the city, town and village districts; they elect one of their number president, and appoint a clerk who may not be a member of the board, if it so chooses; they are the executive officers of the school corporation, which each dis- trict is, being created by law; they serve without compensation; have custody of school property; execute the orders of the annual meeting; take the school census; make and file the estimates for tax levies; con- trol the disbursements of all school money; keep the district records; visit the schools; employ teachers; provide for a four months term of school without consulting the people; make rules for organization, gra- ding and government of the schools, suspend or expel pupils; admit and prescribe fees for non-resident pupils, and in general do all things neces- sary to carry on the schools.
In city, town and village districts the board has power to establish higher grades of schools, but are subject to the same tax restrictions.
Some cities have special charters giving other privileges than those enumerated, but subject to the same tax restrictions, they being constitu- tional provisions.
EDUCATIONAL DIRECTORY .- University of Missouri, located at Colum- bia; number of students, 577; legislative appropriation for 1879 and 1880, $39,000. State Agricultural College constitutes a department of the University. Three State Normal Schools, located respectively at Kirks- ville, Warrensburg and Cape Girardeau .* The appropriation to each of
* St. Louis supports its own normal school, for the preparation and training of its teachers, the greater number of whom are graduates of this normal school.
37
HISTORY OF THE STATE OF MISSOURI.
normal schools is $7,500 per annum. Deaf and Dumb Asylum, located at Fulton; legislative appropriation for 1879 and 1880, $91,000. Blind Asylum, located at St. Louis; legislative appropriation for 1879 and 1880, $46,000. Lincoln Institute,* located at Jefferson City; legislative appro- priation, $10,000 for 1879 and 1880; devoted to training colored teachers for colored public schools of the state. School of Mines and Metallurgy, located at Rolla; legislative appropriation, $15,000 for 1879 and 1880; constitutes a department of the state university. State teachers' associ- ation, meets annually at places selected at each session, during the last week in June.
STATISTICS OF 1878 .- School population, 688,248; school enrollment, 448,033; No. of ungraded school districts, 8,142; No. of graded school districts, 279. No. of school houses, 8,092; estimated value of school houses and sites, $3,321,399; average school year in months, 5; average school year in months, in graded school districts, 9; total number of teachers employed, 11,268; total wages of teachers, $2,320,430.20; aver- age wages of teachers per month, males, $36.36, females, $28.09; aver- age wages of teachers per month, in grades schools, estimated, males, $87.81, females, $40.73.
REVENUE. - From interest on state permanent fund, $174,030.15; from one-fourth state revenue collections, $363,276.32; from county and township permanent funds, $440,191.37; from district taxes, $2,446,- 910.71. Total, $3,424,408.55. ·
PERMANENT FUNDS .- State fund, $2,909,457.11; county fund, $2,388,- 368.29; township or sixteenth section fund, $1,980,678.51. Total $7,278,- 046.80.
The state auditor's report for 1879 and 1880 furnishes the following school items; and they make a very favorable showing for the public school interests of Missouri:
Amount distributed to the counties
Maintenance of State University
19,500.00
Support of Lincoln Institute. .
5,000.00
Support School of Mines and Metallurgy.
7,500.00
7,500.00
Normal School, 1st district.
7,500.00
7,500 00
2d
7,500.00
7,500.00
66
South Missouri district.
7,500,00
7,500.00
Distribution of school laws
308.58
436.50
18:9. $502,795.18
1880. $515,286.09 19,500.00 5,000.00
* Lincoln Institute was first projected by the 62d Regiment U. S. Colored Infantry, while on duty in Texas, in 1865, and was designed for the higher education of colored people. In January, 1866, the state attached a state normal department to it, to provide suitable teachers for the public schools for colored children. The school was opened Sept. 17, 1876, but was not finally provided for by law as a state normal school until Feb. 14, 1870, since which time it has gone steadily forward and done a good work for the negro population.
38
HISTORY OF THE STATE OF MISSOURI.
MASSACHUSETTS AND MISSOURI SCHOOL RATES.
Massachusetts is taken almost universally as the standard of measure- ment for other states. The state reports of Massachusetts and Missouri, for 1879, show that in the former there was applied to the educa- tion of every child of school age the sum of $13.71-in the latter, $4.37. But it must be remembered that school age in Massachusetts is between five and fifteen years; in Missouri between six and twenty; a difference of four years in school.
The report of the secretary of the Massachusetts board of education, for 1879, states the "per centage of valuation appropriated for public schools," as two and seventy-two one hundredths mills. In Missouri it was over five mills. That is, every tax-paying Missourian paid nearly twice as much for the maintenance of public schools on the same amount (of value) of property as the tax-payer of Massachusetts.
DENOMINATIONAL SCHOOLS.
DATE
NAME OF INSTITUTION.
WHERE LOCATED.
DENOMINATION.
ORG'ZED.
1871 Central College.
Fayette
M. E. Church South.
1856
Christian College ..
Canton
Christian.
1859
College Christian Brothers. St. Louis.
Roman Catholic.
1873
Drury College
Springfield
Congregational.
1868
Hannibal College
Hannibal
M. E. Church South.
1865
Lewis College
Greenwood. United Presbyterian.
1853 McGee College
College Mound .. . Cumb. Presbyterian.
1867
St. Joseph College
St. Joe.
Roman Catholic.
1832
St. Louis University
St. Louis.
Roman Catholic.
1844
St. Paul College
Palmyra
Protestant Episcopal.
1844
St. Vincent College. Washington University
St. Louis
Non-Sectarian.
1852
Westminster College.
.Fulton
Presbyterian.
1853
Wm. Jewell College
, Liberty
Baptist.
1869
Woodland College.
Independence Christian.
1835
St. Charles College
St. Charles M. E. Church South.
1852
Central College.
. Fayette
66
66
1843
Arcadia College
Arcadia
THEOLOGICAL SCHOOLS.
1839 Concordia College. St. Louis. . Evangelical Luth'ran
1844 St. Vincent College. . .. . Cape Girardeau. . Roman Catholic.
Theological School of West- minster College . Fulton Presbyterian.
1869 Vanderman School of The-
ology . Liberty Baptist.
In addition to the above, the Baptists have: Stephens College, Columbia·
Glasgow Methodist Episcopal.
1870
Lincoln College
Cape Girardeau. . Roman Catholic.
1857
39
HISTORY OF THE STATE OF MISSOURI.
Mt. Pleasant College, Huntsville; Baptist Female College, Lexington; La Grange College, La Grange; Baptist College, Louisiana; Liberty Female College, Liberty; St. Louis Seminary for Young Ladies, Jennings Sta- tion; Fairview Female Seminary, Jackson; Booneville Seminary for Young Ladies, Booneville; North Grand River College, Edinburg; Ingleside Academy, Palmyra.
The Christian connection has Christian University, at Canton, in Lewis county.
The Congregationalists have Thayer College, at Kidder, in Caldwell county.
The German Evangelicals have Missouri College, in Warren county.
The Methodist Episcopals (North ) have Johnson College at Macon City.
The Presbyterians have Lindenwood Female College, at St. Charles.
A good feeling prevails amongst these different schools. Each attends to its own work in its own way, caring for the patronage of its own peo- ple and the community at large, as a good neighbor of every other worker. A most liberal and impartial legislative policy is pursued, by dealing with all alike before the law, whether in the maintenance of vested rights or in the matter of taxation. By constitutional provision all property actually used for school and religious purposes may be exempted from taxes, and the same constitution most explicitly interdicts all discrimination, and also all favor or partiality.
LAW SCHOOLS.
FOUNDED. NAME LOCATION.
1872 Law College of State University. Columbia.
1867 Law Department of Washington University St. Louis.
MEDICAL SCHOOLS.
FOUNDED. NAME. LOCATION.
1869 Kansas City College of Physicians and Surgeons. . Kansas City.
1873 Medical College of State University . Columbia.
1840 Missouri Medical College St. Louis.
1841 St. Louis Medical College
185S
Homeopathic Medical College of Missouri
1865
Missouri Dental College.
1864 St. Louis College of Pharmacy
SCIENTIFIC SCHOOLS.
1870 Agricultural and Mechanical College (State Uni-
versity) Columbia.
1871
Missouri School of Mines and Metallurgy (State
University). . .Rolla.
1857 Polytechnic Department of Washington University.St. Louis.
40
HISTORY OF THE STATE OF MISSOURI.
RELIGIOUS DENOMINATIONS-1879-80.
No. of
Churches.
No. of Min-
No. Church
Members &
Ministers.
Catholic.
Protestant Episcopal.
65
50
25,000
Lutheran Independent Evangelical.
25
20
1,000
English Evangelical.
6
6
1,000
German
76
68
3,633
Presbyterian, O. S. North
210
151
11,143
South.
135
73
7,662
66
Cumberland.
361
169
15,823
United.
10
12
700
Reformed.
3
4
165
Congregational.
71
47
3,747
Baptist ...
1,385
823
88,999
Christian, about. .
500
500
70,000
Methodist Episcopal, South.
559
648
53,382
66
African.
58
59
4,954
African Methodist Episcopal, Zion
66
about
116
118
9,908
Unitarian
5
5
Total
4,160
3,437
539,004
66
North.
359
420
42,888
Colored 6.
Methodist, Protestant and Free Methodist Episcopal Church
NOTE .- Church members of the Catholic and Protestant Episcopal Churches include all persons bap- tized into the church. The others count only communicants in good standing.
PROTECTIONAL LAWS.
Our state legislature has made ample and discreet provision for the protection of a home-place from sale on execution. The home and property rights of married women, widows and orphans, are guaranteed by statute as far as is practicable. A limit has also been fixed to the amount of indebtedness which may be incurred by the people in voting bonds to railroads, or other enterprises in which they may feel a friendly interest, but in aiding which, too generally, so many western ·communities have burdened themselves and their posterity with debts and taxation that are grevious to be borne. ·
HOMESTEAD EXEMPTION.
The laws of Missouri reserve from execution, in the hands of 'every head of a family living in the country, a homestead, consisting of one hundred and sixty (160) acres of land, not exceeding $1,500 in value; to every head of a family, in cities of over 40,000 inhabitants, a homestead consisting of not more than eighteen square rods of ground, and of a valuation not exceeding $3,000; and in cities and towns of less than 40,- 000 inhabitants, a homestead, consisting of not more than thirty square rods of ground, and of the value of not more than $1,500. Thus it is
isters.
200,000
216
264
41
HISTORY OF THE STATE OF MISSOURI.
seen that a farmer's homestead in Missouri consists of one hundred and sixty acres of land and the improvements thereon, not exceeding in value $1,500; the homestead of the residents of the smaller towns is of the same value; while that allowed to the inhabitants of St. Louis, St. Joseph and Kansas City, where land is more valuable, and the cost of living greater, is fixed at $3,000.
The homestead is in the nature of a lien or charge, in favor of the wife and children, upon certain property of the husband, defined in extent, and limited in value. A declaration of what this property is may be recorded in the office of the recorder of deeds, and notice is thus imparted to all persons having dealings with the owner, that this particu- lar property is not subject to execution, and that they ought not to give credit on the faith of it. The state, under this head, provides that: "Any married woman may file her claim to the tract or lot of land occupied or claimed by her and her husband, or by her, if abandoned by her husband, as a homestead. Said claim shall set forth the tract or lot claimed, that she is the wife of the person in whose name the said tract or lot appears of record, and said claim shall be acknowledged by her before some officer authorized to take proof or acknowledgment of instruments of writing affecting real estate, and be filed in the recorder's office, and it shall be the duty of the recorder to receive and record the same. After the filing of such claims, duly acknowledged, the husband shall be de- barred from, and incapable of selling, mortgaging and alienating the homestead in any manner whatever, and such sale, mortgage or alienation is hereby declared null and void; and the filing of any such claims as aforesaid with the recorder shall impart notice to all persons of the con- tents thereof, and all subsequent purchasers and mortagors shall be deemed, in law and equity, to purchase with notice; provided, however, that nothing herein contained shall be so construed as to prevent the hus- band and wife from jointly conveying, mortgaging, alienating, and, in any other manner, disposing of such homestead, or any part thereof."
Such a law, while securing the benefits of a homestead to the debtor, works no injustice to the creditor. He sees that the debtor has certain property recorded as his homestead. He never gives credit on the faith that this property will be subject to his execution; but he looks simply to the other property of the debtor, or to the state of his business and his char- acter for honesty.
It may be added that the supreme court of this state has construed the homestead laws liberally, with the view of carrying out the benevolent purposes of the legislature. If the debtor is ignorant or timid, when the sheriff comes with an execution to levy, and fails to claim his right of homestead, his family are not, therefore, to be turned out of doors. The
42
HISTORY OF THE STATE OF MISSOURI.
sheriff must summon appraisers and set the homestead apart, whether the debtor claims it or not; and if he does not do this, his sale will pass no title to the purchaser so far as the debtor's homestead is concerned. If the debtor makes a conveyance of property embracing his family homestead, for the purpose of hindering or defrauding his creditors, this does not work a forfeiture of his homestead right; his wrongful act is not thus to. be appealed to in prejudice of his wife and children. If the cruelty of the husband drives the wife from the homestead, this does not put an end to her interest in the homestead. She may return and claim it after his death, and his administrator must set it apart for her.
EXEMPTIONS OF PERSONAL PROPERTY.
Pursuing the same wise and benevolent policy, the statutes provide that the following personal property shall be exempt from attachment and execution when owned by the head of a family: "1. Ten head of choice hogs, ten head of choice sheep, and the product thereof in wool, yarn or cloth; two cows and calves, two plows, one axe, one hoe, and one set of plow gears, and all the necessary farm implements for the use of one man. 2. Two work animals of the value of one hundred and fifty dollars. 3. The spinning-wheel and cards, one loom and apparatus, necessary for manufacturing cloth in a private family. 4. All the spun yarn, thread and cloth manufactured for family use. 5. Any quantity of hemp, flax and wool, not exceeding twenty-five pounds each. 6. All wearing apparel of the family, four beds, with usual bedding, and such other household and kitchen furniture, not exceeding the value of one hundred dollars, as may be necessary for the family, agreeably to an inventory thereof, to be re- turned, on oath, with the execution, by the officer whose duty it may be to levy the same. 7. The necessary tools and implements of trade of any mechanic while carrying on his trade. 8. Any and all arms and military equipments required by law to be kept. 9. All such provisions as may be on hand for family use, not exceeding one hundred dollars in value. 10. The bibles and other books used in a family, lettered grave- stones, and one pew in a house of worship. 11. All lawyers, physicians, ministers of the gospel and teachers, in the actual prosecution of their calling, shall have the privilege of selecting such books as shall be neces- sary to their profession, in the place of other property herein allowed, at · their option; and doctors of medicine, in lieu of other property exempt from execution, may be allowed to select their medicines." In lieu of this property, each head of a family may, at his election, select and hold exempt from execution any other property, real, personal, or mixed, or debts or wages not exceeding in value the amount of three hundred dol- lars.
The legislature of the state has wisely considered that the debtor ought
43
HISTORY OF THE STATE OF MISSOURI.
not to be permitted to plead poverty as against the claims of creditors equally necessitous. It is accordingly provided that the foregoing exemption cannot be claimed when the debt is for wages due to a house servant or common laborer to the extent of $90, and when the action to recover the same is brought within six months after the last services were rendered. Nor can the purchaser of goods make this law an instrument of fraud by claiming goods which he has purchased on credit against an execution for the purchase money.
RIGHTS OF MARRIED WOMEN.
State legislation is extremely careful of the rights of married women. If a wife is unjustly abandoned by her husband, the circuit court will sequester his property for the purpose of maintaining her and the children of the marriage. If he abandons her, or from worthlessness or drunken- ness fails to support her, the court will not only allow her to sell her own real estate without his joining in the deed, but will require any person holding money or property to which he may be entitled in her right, to pay the money over to her. 1. Under such circumstances she is entitled to the proceeds of her own earnings and those of her minor children. 2. If her real estate is damaged for railroads, or other public works, the damages accrue exclusively to her. 3. If her husband gets into the peni- tentiary, she becomes to all intents and purposes a femme sole. 4. And if he, by ill usage, compels her to live separate and apart from him, she may claim the sole and exclusive enjoyment of her property as if she were un- married. Rents, issues and profits of her real estate cannot be taken in execution for his debts, except when contracted for family necessaries. Moreover, by a very broad statute lately enacted, a wife may hold all her personal property free from her husband's control and exempt from liabil- ity for his debts. If he becomes incompetent to lead in the marital part- nership, she may take the reins in her hands, engage in trade, accumulate property, and no act of his will create a charge upon it. Finally, at his death, the family homestead descends to her and the children, if any there be, to be held by her for life; if there be any children, in common with them; if not, by herself alone. She also takes dower in one-third of all the real estate of which her husband may have been seized at any time during marriage, in which she has not conveyed her right of dower, diminished, however, by the homestead which is set apart to her. She takes also a child's share of his personal estate; and, in addition to all this, she is allowed to retain as her absolute property a large amount of personalty.
TAXATION.
The constitution places it beyond the power of reckless or dishonest
44
HISTORY OF THE STATE OF MISSOURI.
public agents to burden the people with excessive taxation. Taxes for state purposes, exclusive of the taxes necessary to pay the bonded debt of the state, cannot exceed twenty cents on the hundred dollars valuation; and whenever the taxable property of the state shall amount to $900,000,- 000 the rate shall not exceed fifteen cents. The rate of taxation for county, city, town and school purposes, is likewise strictly limited. Counties, cities, towns, townships and school districts cannot become indebted beyond the revenue provided for each year without a two-thirds vote of all voters therein, nor, in any event, to an amount exceeding five per cent on the value of the taxable property.
The statutes of limitation in Missouri provide that an open account can- not be collected after it has run five years; a note is uncollectible if held for ten years after due; and a judgment expires by limitation in ten years.
The standard legal rate of interest in this state is six per cent; but a higher rate not exceeding ten per cent may be contracted for.
PUBLIC DEBT LIMITATION.
The state debt, according to the State Auditor's last report, [1878], is $16,758,000. This mostly grew out of the various issues of bonds given in aid of railroads, and bears interest at the rate of six per cent per annum. To liquidate this debt the constitution provides for the annual levy of taxes, now fixed by law at twenty cents on the $100 of the valuation. With the sum thus raised the interest of the debt is first to be paid, and of the remainder not less than $250,000 is to be set apart as a sinking fund for the purchase and retirement of the bonds themselves. Hence, in a few years, with the vast increase in the taxable wealth, which is sure to come, the whole of the debt will be extinguished. There is an additional state tax of twenty cents on the $100 for current expenditures, a large share of which is devoted to the support of the common schools. This tax is ample for the purposes for which it is intended, and there is a con- stitutional provision that it shall be reduced to fifteen cents on the $100 as soon as the taxable property of the state shall aggregate a total valuation of $900,000,000.
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