USA > Ohio > Ross County > Chillicothe > Ohio centennial anniversary celebration at Chillicothe, May 20-21, 1903 : under the auspices of the Ohio State Archaelogical and Historical Society : complete proceedings > Part 36
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In this connection perhaps it would be interesting to note that the general government has during its history set apart over eighty-six million acres of land for the endowment of edu- cation - a territory as large as all of the six New England states, New York, New Jersey, Maryland and Delaware all added to- gether ; a territory as large as the whole of the kingdom of Prussia ; as large as seven-tenths of all France. Said territory thus given by the government and supplemental moneys have a value of about or nearly $300,000,000 - surely a princely gift to education.
STATE CONSTITUTIONAL PROVISIONS.
CONSTITUTION OF 1802.
In compliance with the enactment of congress, "the people of the eastern division of the territory of the United States, north- west of the river Ohio," adopted a state constitution in 1802, and formed themselves into a free and independent state by the name of the state of Ohio. In the third section of their bill of rights- Article VIII of their constitution-they reaffirmed with slightly
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changed phraseology the utterances of the third article of the Ordinance of 1787. Said section 3 reads as follows :
SECTION 3. But religion, morality and knowledge, being essen- tially necessary to good government and the happiness of mankind, schools. and the means of instruction shall forever be encouraged by legislative provision, not inconsistent with the rights of conscience.
To guard against possible injustice and discrimination, and to make even more emphatic the high ground taken for equal rights to poor and rich alike the following section number 25 was also added to the bill of rights :
SECTION 25. No law shall be passed to prevent the poor in the. several counties and townships within this state from an equal partici- pation in the schools, academies, colleges, and universities within this state, which are endowed in whole or in part from the revenue arising from donations made by the United States for the support of schools and colleges ; and the doors of said schools, academies and universities shall be open for the reception of scholars, students, and teachers of every grade, without any distinction or preference whatever, contrary to the. intent for which said donations were made.
For the benefit of new institutions likely to apply for or- ganization and recognition the following section was also incor- porated in the constitution :
SECTION 27. Every association of persons, when regularly formed, within the state, and having given themselves a name, may, on applica- tion to the legislature, be entitled to receive letters of incorporation, to. enable them to hold estates, real and personal, for the support of their schools, academies, colleges, universities, and for other purposes.
Much discussion has been indulged in by those interested. in divining the intent of these three originial sections as related to the development of a state system of education. In one way and another the landed gifts to Ohio for educational purposes have exceeded twelve hundred square miles of land. It is pos- sible that at the time of the adoption of the constitution of 1802, the expectation was that the several gifts would in time support the entire school system of "schools, academies, colleges and uni- versities." If so, their foresight was not good. They were soon shown to be entirely inadequate, for as early as in 1821 the general
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assembly enacted a law authorizing a school tax. Perhaps as a whole these three simple utterances on education were as good as could be expected at the time they were written. At all events the school system was organized under them and they were the fundamental law of the state for the first half-century of our state- hood.
CONSTITUTION OF 1851.
The present state constitution, that of 1851, superseded the constitution of 1802. The words of the new constitution relat- ing to religion, morality and knowledge were kept substantially as in the old constitution. They are at present as follows :
ARTICLE I.
SECTION 7. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the general assembly to pass suitable laws to protect every religious denominaton in the peace- able enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.
As the new constitution was in a way an attempt to get away from special legislation and certain abuses possible under the old constitution there was placed in section 26 of Article II the fol- lowing significant language :
ARTICLE II.
SECTION 26. All laws, of a general nature, shall have a uniform operation throughout the state; nor, shall any act, except such as relates to public schools, be passed, to take effect upon the approval of any other authority than the general assembly, except as otherwise provided in this constitution.
The really significant part of the above quoted section is that part which permits elasticity and the referendum in school matters, while all general laws, including school laws, are to have uniform operation throughout the state. In Article VI, which is entirely devoted to education, there are two sections historically and practically very important. The first provides for the faith- ful custody of all funds arising from the sale, or other disposition of lands, or other property, granted or intrusted to the state for educational and religious purposes ; and the faithful application
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of the income to the specific objects of the original grant or ap- propriations. The second, however, is regarded as a remarkably fine statement of the doctrine of the duty of the state in educa- tional affairs.
ARTICLE VI.
SECTION 1. The principal of all funds, arising from the sale, or other disposition of lands, or other property, granted or entrusted to this state for educational and religious purposes, shall forever be preserved inviolate, and undiminished; and, the income arising therefrom, shall be faithfully applied to the specific objects of the original grants, or appropriations.
SECTION 2. The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.
In Article XII there is also to be found section 2 which reads as follows :
ARTICLE XII.
SECTION 2. Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property according to its true value in money ; but burying grounds, public school houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for any public purpose, and personal property, to an amount not exceeding in value two hundred dollars, for each individual, may, by general laws, be exempted from taxation; but, all such laws shall be subject to alteration or repeal; and the value of all property, so exempted, shall, from time to time, be ascertained and published, as may be directed by law.
Now it has seemed to me that these important utterances of the Ordinance of 1787, the three sections of the constitution of 1802, and the five sections of the constitution of 1851, should be recounted for our correct understanding of the fundamental law in relation to public education in Ohio. The first represents that which preceded the time of our state organization; the second represents the fundamental law under which we projected and developed our school system during the first fifty years of our separate existence as a state; the last represents the past fifty
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years, and our present. In a way each is important; each is. necessary to understand our educational history.
SCHOOL REVENUES.
SOURCES OF REVENUE.
The state of Ohio has within its history as a state raised and spent fully a half a billion of dollars in the public schools. The present cost of the public schools is about sixteen and a half million a year - a sum about equal to thirty-five per cent. of all revenues raised by every style of taxation in the state. It be- comes therefore a matter of interest to know the sources of its revenues.
In general they are not numerous or difficult of understand- ing, as they come from state and local taxation on the one hand and from certain miscellaneous sources on the other. More defi- nitely stated the sources are, first, the general state tax of .95 of one mill collected on the grand duplicate of the state and dis- tributed to every district in the state at the rate of $1.50 for each enumerated child between the ages of six and twenty-one ; second, the annual distribution from the state sinking fund of six per cent. on all the irreducible state debt, the money going to those districts whence the fund is derived; third, the local levies made by the various boards of education in the various school districts for the several funds of the districts, all such funds being collected by the county treasurers and apportioned back to the school treasuries of the districts from which they were derived for ap- plication to the needs of the districts; fourth, certain fines and penalties provided by law; and, fifth, the miscellaneous receipts of the boards of education for such items as outside tuition, sale of old materials, rentals and the like.
Under the statutes now in force it is possible for village, township and special districts to levy ten mills; and, with certain exceptions, all city districts can levy eight mills. Be- sides these levies it is possible by special vote of the people to increase these levies through authorized bond issues; and such a policy seems absolutely necessary at times. For the year ending August 31, 1902, out of a total of $16,463,216.02 spent
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in the public schools of the state there was paid to teachers, $9,267,638.94 ; for supervision, $444,361.54; for sites and build- ings, $1,549,523.06; for interest and redemption of bonds, $1,- 594,217.04 ; and for the contingent expenses, $3,607,475.44. The sources of the funds were, from the state tax, $1,817,767.58; from the school lands, $249,159.87; and the remainder from local sources including the miscellaneous receipts.
THE IRREDUCIBLE STATE DEBT.
The so-called irreducible state debt of Ohio is in reality a great trust fund. Ohio, instead of creating a large permanent fund to be loaned on mortgage security, as was done in Massa- chusetts, Kansas, and many states east and west of us, provided early in our history that the proceeds of the sale of section sixteen and other school lands should be used by the state and be constituted into a great irreducible debt, held forever by the state with a fixed annual interest of six per cent. to be paid thereon to the districts from which the moneys originally were derived. Without entering into an analysis of the several items making this fund, which in a general way are named after the several surveys, or in any way attempting to be too definite, it is sufficient to say that said fund now aggregates a little over $4,000,000.00. In addition thereto the state holds in trust cer- tain university funds, now aggregating something like a half a million of dollars on which it also pays six per cent. per annum.
The advantages of managing these funds in the manner prescribed by law are very apparent. Our early law-makers were wise in planning as they did in this matter. Other states, through bad loans, the fluctuation of interest rates, and the ex- penses of supervision and control, are not able to give to the beneficiaries of the funds either so large or so constant returns. In most respects the Ohio plan is without criticism. In this connection perhaps it is well to note that many districts still retain the control of their school lands, not always with advantage to the districts.
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DISBURSEMENT OF MONEY.
Under the laws of the state all moneys having once passed into the hands of the school treasurers are disbursed only upon order of the boards of education. Each voucher is supposed to be drawn by the clerk and countersigned by the president of the board of education before being paid by the treasurer. Teachers must have legal certificates covering the time and branches of study taught and file with the clerk all statistical items required by the state commissioner of common schools. In general, the boards of education are to represent the people, and are clothed with ample power within reasonable limits. The last general assembly, through the bureau of public accounting, has made provision for checking up and auditing all school ac- counts ; besides there are the checks and safeguards given to the board of education itself, and the authorization of inspection at the hands of an accountant sent from the office of the com- missioner of schools. It is safe to say in the main that school moneys are administered with a fair degree of honesty and fidelity.
GENERAL CHARACTER OF SCHOOL SYSTEM.
STYLE OF SCHOOL DISTRICTS.
In 1902 there were 2,437 different school districts in the state. Of these 66 were city districts; 1,036 village and special; and I,335 were township districts. Each year sees by change of boundaries these numbers slightly altered. In general the law gives sanction to four styles of districts - city, village, town- ship and special. On account of recent decisions made by the supreme court some changes may be necessary during the next session of the general assembly. The boards of education in city districts consist of several sorts. In some the board are elected by all the people at large, in some by wards, and in some partly at large and partly by wards. In number they range at present from three in Delaware and Wooster, and five at Toledo, to thirty-one in Cincinnati. As the matter, how- ever, will need to be adjusted in the next general assembly, perhaps it need not be discussed. The village boards of educa-
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tion consist usually of six persons, elected at large, though by special legislation some consist of five and three. Township boards consist of one person from each sub-district, except in specially centralized districts where they consist of five elected at large in the township. In each sub-district there is also a sub-district board, consisting of the member of the township board and two sub-directors; their duties are limited to the nomination of teachers for their sub-district schools. The boards of special districts consist of three or six members elected at large. Under the law each board must choose its own president, and usually its clerk and treasurer, except in township districts and where city treasurers act ex-officio.
ENUMERATION AND ATTENDANCE OF YOUTH.
Under the laws of the state the schools are to be free to all youth between six and twenty-one who are children or wards. of residents of the district. No discrimination exists as to color, all are admitted free.
During each summer boards of education are required to. cause an annual enumeration of all youth in their respective. districts to be taken. The returns thereof are filed with the. county auditors and then in turn their abstracts are filed with the commissioner of schools, who in turn files a certified copy with the auditor of state. Upon this final return the auditor makes his semi-annual distributions of the state common school fund to each county.
Under the compulsory education laws of the state all chil- dren between eight and fourteen must attend some recognized school for the full time the public schools of the district are in session; and all youth between fourteen and sixteen not reg- ularly engaged in some useful labor, or who can not read and write must also attend some recognized school. Boards of edu- cation are by law required to appoint truant officers and carry. out the provisions relating to attendance. At present the law is fairly well executed, the law itself being one of the best com- pulsory education laws in the United States.
No school can be run for a shorter time than twenty-four weeks nor longer than forty weeks in a year .. By law boards.
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of education are authorized to make suitable and appropriate rules for the governing of the pupils in the schools. The safe- guards, in general, put about attendance, length of term, and the making of an efficient school are most excellent, and when rightly executed are calculated to provide good schools.
BOARDS OF EXAMINERS.
In order to insure teachers of worth and merit there have been from a very early day certain boards for the examining and licensing of teachers. By far the most useful board of this character is what is known as the board of county examiners. From 1825 to the present time there has been some style of examining teachers. At present the probate judge in each county appoints a board of three persons to examine and license teachers. Ten examinations are held each year, not to speak of two examinations for those who seek high school admis- sion from townships and special districts. Under the law county examiners can issue certificates, good in the county, for one year, two years, three years, five years and eight years from the date of the examination. The subjects in which the applicant must be examined are orthography, reading, writing, arithmetic, geography, English grammar, including composition, the history of the United States, including civil government, physiology and hygiene, including scientific temperance, and the board must also certify to his moral character and that he possesses an adequate knowledge of theory and practice. In case the applicant is re- quired to teach other subjects than those above enumerated he must pass in such subjects. Besides the county boards of ex- aminers there are also city and village boards appointed by the boards of education in districts eligible for such purposes, whose duties correspond for their districts to the duties prescribed for counties. There is also a state board of school examiners ap- pointed by the state commissioner of common schools, which issues life certificates good anywhere in the state. Said board issues three grades of certificates, all good for life, the com- mon school life certificate good only for the branches named therein; the high school life certificate, good in any part of the
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state and unlimited; and the special life certificate, good for the special subject covered by the certificate, as drawing or music.
In 1864 the state commissioner of common schools was authorized to appoint a state board of school examiners con- sisting of three members. In 1883 this number was increased to five. The following have served on the board since its crea- tion: Marcellus F. Cowdery, Thomas W. Harvey, Eli T. Tap- pan, Israel W. Andrews, William Mitchell, Theodore Sterling, John Hancock, Thomas C. Mendenhall, Andrew J. Rickoff, Al- ston Ellis, Henry B. Furness, John B. Peaslee, William W. Ross, Charles R. Shreve, Chas. L. Loos, A. B. Johnson, Henry M. Parker, William G. Williams, Elmer S. Cox, Chas. C. David- son, Marcellus Manley, Chas. E. McVay, Thomas A. Pollock, E. E. White, W. J. White, E. A. Jones, R. W. Stevenson, Ed- ward T. Nelson, Jas. W. Knott, J. C. Hartzler, L. D. Bone- brake, J. P. Sharkey, Charles Haupert, C. W. Bennett, J. D. Sim- kins, W. W. Boyd, W. H. Meck, M. E. Hard, W. H. Mitchell, C. C. Miller and Arthur Powell. The last five named are the present members of the board.
SUPERVISION OF SCHOOLS.
All boards of education are by law authorized to employ suitable persons to act as superintendents of the schools under their charge. In some of the larger cities the superintendents thus chosen are clothed with fairly comprehensive powers, even to the extent of nominating or appointing teachers. Not all dis- tricts have supervision, but in round numbers about a thousand have availed themselves of the opportunity offered by the law. The greatest need is in the rural districts of the state. All the cities without exception, practically all of the villages, some of the special districts and some of the townships have thus availed themselves. Undoubtedly much good comes from such super- vision; indeed, it is difficult to understand why all districts do not thus avail themselves of the opportunity. Much of the im- perfect work of the rural schools is directly attributable to the fact that the teachers try to do their work without guide or compass or kindly criticism. Under the law two or more dis-
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tricts may unite and employ the same person as superintendent. Frequently it happens in the smaller districts that the super- intendent also teaches a part or all of the branches offered in the high school, and at the same time by visits to his schools, through teachers' meetings and examinations he keeps himself in touch with all the work of his district. In the largest districts of the state not infrequently the superintendent has a corps of assistants and supervisors who look after part of the work. Principals of buildings and special teachers also are to be ac- counted a part of the supervising force.
STATE COMMISSIONER OF SCHOOLS.
In connection with the work of supervision it is well also to note something of the duties and powers of the state com- missioner of common schools. Under the law he is the chief school officer of the state. He is elected by the people of the state at the regular November election, along with other state officers, for a term of three years from the succeeding second Monday of July. He is charged with numerous duties. He prepares and distributes blanks and compiles and prints the statistics relating to education. He exercises a general super- vision over the school funds; appoints persons to examine into the condition of the funds when necessary; appoints the mem- bers of the state board of examiners; prepares examination questions for those seeking high school admission through ex- aminations before the county examiners; grades and classifies the high schools of the state and issues their commissions ; visits the schools, counsels boards of education, addresses in- stitutes and other educational gatherings, compiles and causes to be printed that portion of the general laws whish relates to education, passes upon school law, and as secretary of the school book commission files text books and, prices being fixed, notifies boards of education of the names of publishers who thus have agreed to furnish their books. Many duties come to him from the nature of his position not enumerated in the law, and not easy of explanation. The office is a serviceable one, and has been in continuous existence for the past fifty years.
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It is a statutory and not a constitutional office. The act of. March 12, 1836, practically rewrote the Ohio school laws. By this act there was created the office of superintendent of com- mon schools, the provision being that such an officer was to be elected by joint resolution of the general assembly. The term was fixed at one year and the salary at $500. On April I, 1837, Hon. Samuel Lewis, of Hamilton County, was duly elected. When the general assembly convened in January follow- ing Mr. Lewis filed his annual report and that body, on Jan- uary 16, 1838, ordered 10,500 copies of it printed. On March 7, 1838, another general school law was passed and under section 8 thereof the term of the state superintendent was fixed at five years unless the incumbent was removed by joint resolu- tion. The salary was increased to $1,200. Two days later Mr. Lewis was elected for the term of five years. On March 23, 1840, politics evidently had an inning, for an act was passed abolishing the office of state superintendent and devolving its duties upon the secretary of state. He was authorized to em- ploy a clerk to perform these extra duties and to pay him $400 per year. This arrangement existed until after the adoption of the new constitution and on March 14, 1853, the office of state commissioner of common schools was created. It has ex- isted ever since and during the half century many additional duties have been added.
The law of 1853 provided that the commissioner should be elected at the general election, the term was fixed at three years and the salary placed at $1,500. During fifty years' time this salary has only been increased to $2,000. The law of 1853 was also a complete reorganization of the Ohio school system and in addition to providing for the present classification of town- ship districts and cities and villages, contained provisions for separate schools for colored youth, county boards of examiners for teachers and for school libraries. Our subsequent legis- lation has followed in the main this law, which for fifty years has been the sub-structure of our free public school system.
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