-,/• ,\Y A :r^^#^ .0 o =■ '^^jM;'^'^ i <^- .* ■> ■Ci, •?> ■"'c^. ^;, -^ ^ >,■ ^P. \ •^, '- . . ^^ .^ "^z. %:^ - t ^. v-^^ ■A \ I ft r/^::^ .xs^ > X^ .\^ '^;r:" XO^^. "^^ ^^ z • "^^ V^ o 0^ ^'"1 w(^./ ^ 0- ^^.^V ^xS'^ ■^\nO ^ ^^'% ■■^--^ .<^^' lV . , "oo^ ^ :$ ■0^ \^ o x^^ .0^.. YPSILANTI UNION SOHOOIi. Giound Flasi at pp. Stfi and SffT. SCHOOL FUNDS SCHOOL LAWS OfIiICHIGAN: ^TITH NOTES AND FORMS. TO WHICH ARE ADDED ELEMENTS OF SCHOOL ARCHITECTURE, &C,, WITH LISTS OF TEXT BOOKS AND LIBRARY BOOKS. ... ;*> ^ JOHN M. ,GREGORY, SUPERINTENDENT OF PUBLIC INSTRUCTION. LANSING: Hosmer & Kerr, Printers to the State. 1869. 4^^^' ^ I N T R D U C T 0,R Y Obpics ©? Public Instbcction, ) Lansing, Mieh., August 1st, 1859. f To School Officers: — The large and excellent editioa of the Primary School Laws, prepared by Hon. Fbaxcis W. Shbakmak, Superiateudeat of Public Instruction, and pub- lished in. 1852, has now been, for some time, exhausted. The wants of the new Districts, and the many important changes made in the laws themselves, demand the issue of a new edition. To meet this demand, my immediate pre- decessor undertook the preparation of this volume. While it was yet ua- boand, his term of office expired, and the Legislature of 1859, which assembled immediately afterwards, committed the work to the hands of the present Su- perintendent. The numerous amendments and additions made to the School Laws by this Legislature, rendered it necessary to print this part of the volume anew, and some further delay was found necessary to allow time for the preparation of the Notes, which will be found accompanying the Law. These Notes have been prepared with much care, and with an especial ref- erence in many cases to the questions which have arisen in the Districts, and have been sent up to this Department for decision. It is hoped that they will render the administration of the law, by the various officers concerned therein, easier and more certain. The '• Forms for proceedings under the School Law," are retained as prepared by Mr. Mayhbw, the first leaf only of that part of the volume having been reprinted. It will be observed that Forms No. XVI and No. XYn, have become obsolete by a change in the laws. Several of the re- marks under the different Forms, are also obsolete. The true construction of the law will be found by referring to the Notes under the several sections. The Articles entitled The Primary Schools of Michigan, and their Funds ; The State Normal School, and its Funds ; The University of Michigan, and its Funds ; The State Agricultural College ; House of Correction for Juvenile Oflfendei"S ; Asylum for the Deaf and Dumb and Blind, in the first part of the volume, and that on the Primary School System, in the third part, were pre- pared at the suggestion and request of the late Superintendent, by Cortland B. Sthbbins, Esq., the present worthy Deputy Superintendent of Public Instruc- tion. These articles will be found to eontaiu information of great interest and value. This information was scattered through the public documents IV ami records for many years, mucli of it in volumes now beyond the reach of most of the people. It is now for the first time, collected into convenient space and form. Much credit is due to Mr. Stebbins for the valuable services he has, with such marked ability and faithfulness, rendered the Educational Interests of the State. The article on the xisylum for the Insane, was prepared by Dr. E. H. Van Dettsen, the able and efficient Medical Superintendent of that noble State Charity. The articles on School Architecture, School Furniture, and School Appa- ratus, are from the pen of Hon. Ira Mathew, late Superintendent of Public Instruction. An article on Warming and Yentilation, embracing a descrip- tion of certain heating furnaces, and a chimney cap, has been left out, as of too little public interest or utility to merit a place in a State publication, and because the progress of invention in this department promises speedily to su- persede the too expensive and easily disordered furnaces now in use. Indeed, one or two of the furnaces recommended in this article, have already been seriously condemned by those who have used them. The interruptions in the paging of the volume arise from the fact that the omissions are of greater extent than the new matter supplied. It was believed to be a matter of public economy to make these changes in the volume, rather than to issue a new edition of the School Law, which the several important amendments made in the Law, would have required. The volume, if sent out as at first printed, would have tended greatly to mislead, and must have occa- sioned serious confusion among the Districts by promulgating among them an obsolete law. The School Laws of the State are published in this separate form in aceor- iance with the provisions of the Statutes, [see sections 3 and 4, pp. 160, 161, of this volume,] and expressly for the use of the several County, Township, and District Officers, who have to do with the management of the Schools themselves, or their FundvS. These Officers comprise the foilovring classes, viz : 1. County Clerks; 2. County T reasurers ; 3. Township Supei'visors ; 4 Township Treasurers ; 5. Township Clerks ; 6. School Inspectors ; 7. District School Officers. A copy of the volume will be furnished to each one of these various Officers, to be used by him during his term of office, and at the expiration thereof to be delivered to his successor. The attention of the various classes of officers above named, is especially invited to the contents of the volume. Much of the matter embraced in it will be found of general interest. Its thorough study will lead to a better uaderstaading of our system of Public Schools by those to whose official care the Schools are entrusted. Not only does the successful operation of the sys- tem depend upon the intelligent comprehension and discharge of their respec- tive duties, by the diflfercnt officers, but its wise and contmued improvement must come from their clear-sighted criticisms of its defects. It is a work of no slight magnitude to keep the public agencies by which the entire body of the children of the commonwealth are to be educated, in successful and har- monious operation. The State has therefore wisely provided for the publica- tion of the School Laws. The various amendments of the Law, made the last winter, have been in- troduced in their proper places. School Officers should give heed especially to those found in Sections 6, 39, 48, 49, 66, 75, 85 and 107. Attention is called also to the repeal of Sections 92 and 93, and to the new Law for Graded Schools, found in Sections 147 to 15 1. The new District Library Law will also require attention. State Reform School. — An amendment, which could not be introduced in its proper place without reprinting an entire form, in Section 1, of the duties of Superintendent of Public Instruction, requires him to embrace the report of the Board of Control of the House of Correction— now named State Re- FOBM ScuooL— in his Annual Report. This rightfully recognizes Reformatory Education as an essential part of the full system of Public Instruction. In closing these introductory statements, the Superintendent would remind the School Officers of the State that it is not by the mere administration of the letter of the law that the best interests of the Schools arc to be efficiently promoted. There is a wide Held of usefulness outside of the limit of merely official duties, in which every School Officer may do much to advance Educa- tion and improve the character of the Schools. Educational Societies, Teach- ers' Associations in Townships and Counties, Teachers' Institutes, School Examinations, and Celebrations, are most efficient means to cultivate the public sentiment, to improve the Teachers, and to infuse a spirit of active zeal and enterprise into the School System. With proper care and attention, and with but little effort, our Schools, with- out becoming at all more expensive, might be made doubly efficient. With the same outlay of time and money as now, the children of the State might be twice as well educated as they are under the present methods. With an awakened public interest, and with an aroused and active body of Teachers, the dull and di'eary months through which many of our Schools now drag heavily along, with scarcely a sign of advancement, would become periods of life and progress; and their fruits would be seen in the quickened intelligence and enlarged acquisitions of all the pupils. Especially would I ask the attention of School Officers of the State, to the State Teachers' Institutes, held by the Superintendent under the authority of the law. Often has the remark bui-st from the Teachers instructed in these Institutes. " We shall teach differently from what we ever taught before ;" and YI 1;liey have gone to their Schools with a new zeal, and new ability for their im- portant work. It is the testimony of citizens in all parts of the State where these Institutes have been held, that their Schools have been made much more useful by them. School Officers should see that their Teachers more generally avail themselves of these public provisions for improvement in their vocation. JOHN M. GREGORY, Superintendent of Public Instruction. CONTEJfTS. PART I. PAGE. The PfiiMARY Schools op Michigan and their Funds, . 1 The State Normal School and its Funds, 25 The University op Michigan and its Funds, 33 The Detroit Observatory, 64 The State Agricultural College, 79 House op Correction for Juvenile Offenders, 97 Asylum for the Deaf and Dumb, and the Blind, 115 Asylum for the Insane, 135 PART II. Constitutional Provisions relating to Education,. .157 Duties of Superintendent op Public Instruction, .... 160 Laws relating to Primary Schools, 164 Districts, 164 District Meetings, 168 Moderator, 175 Assessor, 176 Director, 178 District Board, 186 Township Board of School Inspectors, 190 Examination of Tea«hers, 199 Certain Duties of Township Clerk, 203 Certain Duties of County Clerk — Libraries, 208 Distribution of the Income of the School Fund,. . .210 Penalties and Liabilities, 211 Graded and High Schools, 217, 224 VIII P^GE. School District Libraries, , 229 Teachers' Institutes, 234 Journal of Education, .......... 235 Teachers' Associations, 236 State Normal School, , 237 Laws concerning the University of Michigan, 246 Laws concerning the State Agricultnral College, 251 Laws concerning Incorporated Institutions of Learning, 257 Forms for Proceedings under the School Law, ..... 287 PABT III. The Primary School System, ,, 311 Original Design, , . . . 311 The Main Difficulty, 318 For Populous Settlements, a better way, 319 What every Village and City should do, 320 What is bei=ng done, 321 Schools in the Country, 323 A Philosophic Yiew, 325 Mutual Exchanges, , 327 Union Schools, 329 A Preparatory Department, 331 School Buildings and their Appendages, 333 School Architecture, , . . . 339 Location of School-houses, 339 Size of School-house — Philosophy of Eespiration,.341 Ventilation of School-houses, 349 Size and Construction of School-housee, 350 Country School-houses, 351 School-houses in Cities and Villages, 352 School Furniture, ..,,.. 387 School Apparatus, 403 Text Book-^, .,.,..., 417 Books for Township and District Libraries, 424 3P uSk El 1? X . The Primary Schools of Michigan, and thbii^Funds ; Tns State Normal School, and its Funds; Thb Univbssity op Michigan, and its Funds ; The Statb Agrioultoral College ; HouBB OP Correction for Jdtenilb Oppbndbrs,; Abtlum for the Dbaf and Dumb, and thb Blij» ; Asylum for the Insani. THE PRIMARY SCHOOLS OF MICHIGAN, AND THEIR FUNDS. The lands set apart for the support of Public Schools in Michigan, comprise one thirty-sixth part of the entire ter- ritory of the State. Each township is divided into thirty- six sections of one mile square ; and section 16 (a central section) was by an ordinance of the old Congress, in 1785, sequestered "for the support of public schools." The ordinance of 1787, for the government of the North- western Territory, declared that " Schools and the means OP Education shall forever be encouraged." An act of 1804, making provision for the sale of lands in the Indiana Territory, comprising the present States of In- diana, Illinois, Michigan and Wisconsin, expressly reserved from sale section 16 in every township, " for the support of Schools."' In 1805, the Territory of Michigan was organized, com- prising the Lower Peninsula of the present State, and mr eluding what is now two tiers of towns on the north border of Indiana, and one tier on the north border of Ohio. In this act, all the rights secured by the above acts V7ere confirmed. In 1828, Congress placed the School lands under the su- pervision of the Territorial Governor and Council, to pro- tect and lease, so as to make them productive. Nowhere, and at no time, was any disposition shown by the General Government to annul these grants ; and the Ordinance of 1836, admitting the State of Michigan into the Union, de- clares : 1 2 PRIMARY SCHOOLS " That section numbered 16 in every township of the public lands, and where such section has been sold, or oth- erwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State for the use of Schools." The first Territorial School LaAv was enacted in 1827; the year previous to the above action of Congress giving the Territorial authorities power to make use of the School lands. That law ordained that the citizens of any town- ship having fifty householders, should provide themselves with a Schoolmaster of good morals, to teach the children to read and write. Any township with two hundred house- holders was required to have a Schoolmaster who could teach Latin, French and English. For any neglect, the towns were liable to a fine of $50 to $150. This law was repealed in 1833, and another enacted, providing for three Commissioners and ten Inspectors ; and the management of the School lands was transferred from the Governor and Council, to them. This act also created an office of " Su- perintendent of Common Schools." The original Constitution of the State declared that the proceeds of all lands granted by Congress for the support of Schools, should "remain a perpetual fund for that ob- ject." The same specifications are found in our present Constitution. All the grants from Congress, and our first Constitution, speak of section 16 as sequestered for the support of "Schools," or "Public Schools." But by common consent, this has been construed to mean Common or Primary Schools ; and upon this construction all our legislation has been based, for more thaa twenty years ; and it is under- stood that no portion of the avails of section 16 can ever be used for any other purpose. The original design of Congress seems to have been, to make the avails of section 16 accrue to the exclusive bene- AND THEIR FUNDS. S fit of the township in which each section was situated. It is believed, however, that no act forbade the State to place the whole in a general fund for the benefit of all. By thus consolidating the fund, it can be managed with greater economy and safety, and made much more effectual in se- curing the greatest good to the greatest number. The wisdom of the act can hardly be doubted. After these lands came under the control of the State Government, (not ownership, for the State holds them really only as a trustee,) it was a subject of debate whether they should be leased or sold. Discussion and reflection soon convinced most, if not all, that the State could not practicably make itself a landlord to thousands of tenants ; and it was decided that the lands should be sold, and the avails invested in a common fund, the interest of which only, could be used. The total amount of the sections numbered 16, in the State, was estimated at a little more than a million of acres ; and the Legislature of 1837 passed a law for the sale of the school lands, under the direction of the Superintend- ent of Public Instruction — which office had been created by the Constitution. The Land Office, as a distinct de- partment of the State Government, had not then been established. By this law the Superintendent was authorized to sell University lands to the amount of half a million of dollars, and School lands to the amount of one and a half millions ; the minimum price of the former being $20. and of the lat- ter, $8 per acre. The reason of this difference in the price, was — the LTniversity lands were all selected, and supposed to'be of the choicest quality and most eligible location ; while the School lands, with slight exceptions, consisted of section 16 in each township, and of such quality as it might chance to be. The terms of payment were, one-fourth at the time of sale, and the remainder in annual instalments 3: PEIMARY SCHOOLS of five per cent., commencing in five years after tlae pur- chase, at seven per cent, interest. The sales were to be at auction, and the lands were subject to forfeiture for non- payment according to the terms. The first sales were held on the 6th of July, 1837 ; and as might be supposed from the apparently easy terms of payment, and the extravagant ideas of the times, the sales were extensive, and at high prices. In a few months the sales amounted to over four hundred thousand dollars, at an average of about $12 per acre ; one fourth of which was paid down. The result, if not anticipated, was natural ; and of all the sales for the first four years, amounting to more than six hundred thousand dollars, about one-third of the lands were forfeited for non-payment of interest ; not- withstanding the Legislature granted an extension of time in 1838, and again in 1839. Many of the purchasers found that their land was worth less than the amount yet unpaid, and preferred to lose the one-fourth already paid, to pay- ing the balance ; while others (and these had in many cases made improvements on the lands) found themselves with- out the ability to pay the interest when due. In 1841 the minimum price of School lands was reduced to five dollars per acre. Relief to the previous purchasers was anticipated from an amendment to the law, which re- leased them from payment of the principal at their plear sure ; still subject to forfeiture for non-payment of interest. This applied also to future purchasers,, after having paid one-fourth. But this did not meet the necessities of the case, or stop the forfeitures. Men had agreed to pay for their land more than it was worth ; and they were hardly more willing, even when able, to pay interest on its ficti- tious value, than to pay the principal itself. Men who were in Michigan in 1838, "39 and '40, when it was often said, that the more land a man owned, the |)oorer he was,. through inability to pay the increased taxes, will fully ap- preciate the embarrassment of that class of men. AND THEIR FUNDS. 5 In 1842 practical relief was granted them by a law for the appraisal of all School lands that had been sold for eight dollars or more, per acre, and all University lands that had been sold for $20 or more — the former to be ap- praised at not less than five dollars per acre, and the latter at not less than twelve ; the diiference between the ap- praised value and the original contract, to be credited upon the principal. Within ten months after the passage of th« act, over twenty-six thousand acres, which originally sold for $287,930 87, had been appraised by the Associate Judge and Surveyor of the respective counties ; and the aggregate price of the same was thereby reduced $101,- 770 47. The reduction was from an average of eleven dol- lars per acre, to about seven dollars — not far from thirty- six per cent. At the close of 1842, the account stood thus : Sales to Dec. 1st, 1842, $711,404 85 Forfeited, $240,004 35 Reduction by appraisal, 101,770 47 Total reduction, 341,774 82 $369,630 03 Forfeited lands re-sold, 10,202 acres, 76,769 54 Paid on lands previous to forfeiture, 28,233 16 Total supposed fund, Dec. 1st, 1842,.. . .$474,632 73 The reductions on the above original sum, sub- sequently amounted to 114,823 32 Showing the reliable fund, Dec. 1st, 1842, to have been only $359,809 41 Upon the situation of affairs as they appeared at the close of 1842, the Superintendent of Public Instruction, Hon. Franklin Sawyer, jr., said in his next Report : " The magnificent air-castles once supposed to be immovably founded upon the valuation standards of 1837, have proved b PEIMARY SCHOOLS baseless, and floated off like mucli of the capital of that day, to parts unknown." The reduction that afterward occurred, showed that the fund continued to "float off," till but about fifty per cent, remained. Mr. Sawyer thought the law for reducing the price of the lands previously sold, unwise. It may have been so^ taking into consideration only the question of raising the greatest amount of money ; for even had the forfeitures,, without the law, exceeded the redjiction with it, the land would still have been "on hand" for future sale. But some would contend that a question was involved of higher moment than that of dollars and cents. It had become evident that hundreds had contracted with the State to pay considerably more for their land than it was then worth, or would be, for many years. If an individual consents to a hard bargain with his fellow, public policy forbids the law to step in to shield him from the consequences of his folly. But in its own dealings, the State is under no such constraint ; and when it found a hard bargain had been driven with its citizens, (and thus in a measure with itself,) though no wrong was intended, it was deemed by its legislative Representatives to be no more than just to remit a portion of the claim. Though the law cannot rectify a bad trade between individuals, the individuals themselves may, if they see fit ; and both they and the State should be governed by equity, - without the necessity of law. If a man sells his son a piece of property for twelve dollars — both supposing it to be worth that sum — upon which one-fourth is paid at the time of sale, and it afterward appears to the satisfactioin of both that it was worth but six dollars and eighty-four cents, and beside this, that the son is unable to pay the full amount^ what would be said of the father who should exact the full price, or the entire forfeiture of the property ,'jWith_al'l that had been paid? AND THEIR FUNDS. 7 The State, in its legislative capacity, stands somewhat in the position of a father to its citizens ; and though it were well to create as large a School Fund as was practicable, should it be done by legal extortion from its sons? There ^vould have been more reason for so doing — or room for more apology — had the School lands been of comparatively a small amount, like the University lands ; but, with more than a million of acres upon which to raise a fund, was it at all needful, or would it redoand to the honor of the State, to have exacted the pound of flesh, because it was written in the bond? The years 1841 and 1842 constitute a sort of crisis in educational affairs. The commencement of 1841 found the School lands that had been sold, being fast forfeited to the State, with the prospect of a large part of the noble fund, supposed to be accumulated, becoming thus extinct. By the law above referred to, the forfeitures were measurably stopped, and by the close of 1842, new foundations v/ere laid, if not as broad as the former, at least more secure. The Reports for 1842 showed — The number of school districts, 2,312 Children between 5 and 17 years of age, 64,800 Apportionment of interest of the Primary School Fund, $15,000 00 Raised by towns and districts, 71,655 8-7 Total amount expended for Schools in 1842,. $86,655 87 At that time, the towns could vote annually such tax as they pleased, not exceeding one dollar per scholar, and the Supervisors were required to assess to each town an addi- tional soim equal to its apportionment of the public money. In 1843 the State Land Office was established, and the control of the University and S.chool lands was transferred from the Superintendent of Public Instru-ction to that de- partment. Thus had the custody of these lands been seek- 8 PSIMAEY SCHOOLS ing a home, and till now, finding none. First, it was given to tlie Grovernor and Council of the Territory ; by them transferred to Commissioners ; then assigned to the Super- intendent of Public Instruction ; but now — where it should have been, on the organization of the State government — to a State Land Office. The early Legislation of our State shows that the men who laid the foundations of our institutions entertained en- larged views — often so broad as to appear extravagant — and yet, time has shown them to be so, only in their ex- pecting too speedy results. But this error, while it was the cause of many failures with individuals, and much em- barrassment to the State, had a tendency to hasten the results they had expected too soon. Five years after the complete organization of our State government — five years of defeated hopes, and dissipation of air built castles — when bankruptcy had prostrated thou- sands who thought themselves rich — when total failure as a State enterprise, was stamped upon our magnificent plan of Internal Improvements, and partial failure and great embarrassment were attendant upon our Educational In- stitutions, we see in imagination, a prophet standing up in the midst of a disappointed and discouraged people, pro- claiming that : In fifteen years our strap railroads shall be completed by private enterprise, with heav}'' rail, and yield to the State an annual income of over $100,000 ; A canal shall be built without expense to the State, by which large vessels may sail into Lake Superior, and a min- ing business commenced, the ultimate magnitude of which, a prophet's vision may not safel}^ limit ; The taxable property of the State, from $29,000,000, shall be assessed at $150,000,000 ; our annual specific taxes, from $4,200, shall increase to $133,000 ; our population, from 250,000, shall become nearl}^ 800,000 : our School children, AND THEIR FUNDS. 9 from 65,000, shall number over 200,000 ; the amount raised annually from all sources, for Primary Schools, from $86,000, shall swell to more than $600,000 ; our School Fund, from $359,820, shall be, $1,613,000 ; our University Fund, from $137,000, shall be $503,000 ; there shall be a Normal School with 500 pupils and a fund of $73,000; our University, with 25 students and 4 Professors, shall have 450 students and 18 Professors; Nearly one hundred thousand dollars shall have been expended in establishing an Agricultural College, whose one hundred students Avould be doubled, but for want of accommodations ; There shall be a House of Correction for juvenile oftend- ers, which united humanity will regard as the school of schools for the prevention of crime, and the salvation of youthful offenders ; Tliere shall be an Asylum for the deaf and dumb, and the blind, whose eminent success will bear witness to the lib- eral humanity of the State : and — An Asylum for the insane shall be founded, on a scale commensurate with the woes of that unfortunate class of our fellow-beings. Had such a prophecy been made in 1842, the prophet would hardly have found more believers — inclined though the people Avere, to expect great things — than did the prophets of ancient days ; yet, in half of one generation of time, has all come to pass! Advancing another period of five years — from 1842 to 1847 — we find that the entire sum expended in the latter year for Common Schools, was, $130,531 75 Interest on the School Fund, 31,250 54 Mill-tax, 7,368 75 Total School Fund, $573,931 49 Children between the ages of 4 and 18, 108,130 Yobimes in township libraries, 43,926 2 10 PEIMARY SCHOOLS The legal sources of the means for the support of Schools at that time, were as follows : 1st. The interest of the School Fund. 2nd. A tax of one mill upon the dollar of all taxable property in the State. 3rd. The voters in any township might, at their anmaal meeting, vote a tax not exceeding fifty cents for every scholar between four and eighteen years of age. 4th. Districts might vote a district tax for building school-houses, not exceeding two hundred dollars in one year, where there were not more than thirty scholars ; and not exceeding three hundred dollars, where there were not more than fifty scholars. Districts might vote any "neces- sary" tax for repairs and furnishing the house, and for the payment of legal debts. Districts with more than fifty scholars, could vote a tax of twenty dollars for the pur- chase of globes, maps, &c. 5th. The rate-bill. 6th. The proceeds of all fines for any breach of the pe- nal laws in the several counties, were to be distributed to the townships therein, for the benefit of libraries. It was found that in many instances the laws v/ere not complied with by to^Vnship officers. The proceeds of fines did not always find their way into the fund for libraries, and in many cases Supervisors refused to assess the "mill- tax." The Superintendent of Public Instruction, Hon. Ira May hew, in 1845, procured the publication of the law, and these defects were in general remedied. Of 90,000 children in 1845, 20,756 did not attend school. During the previous years, a want of well qualified teach- ers was greatly felt; not so much that there were not enough who were qualified according to former standards, biat the necessity was perceived of raising the standard of qualifi- cation ; and by none more so, probably, than by the teach- ers themselves. Several local Educational Societies were AND THEIR FUNDS. 11 formed; but these, while they served to awaken in the minds of the people an interest on the subject of educa- tion, were little adapted to the purpose of qualifying; teach- ers. The Superintendent of Public Instruction devoted a large portion of the year. 1846, to personal effort with the people. He visited every organized county in the State, save four, organizing societies, and arousing the minds of tiie masses, as a necessary preliminary to a successful effort for organizations of the teachers for their own improvement. The first society of this kind was the " Lenawee County Teachers' Association." This Society is still in existence. The first ''Teachers' Institute," organized under that name, was in Jackson County. The Superintendent hoped much from the organization of Teachers' Institutes ; and strongly recommended aid from the Legislature in their behalf, as being better adapted to the immediate wants of education than a State Xormal School would be ; though (to quote from his Report,) he " deemed a Normal School indispensable to the perfection of any system of National Education.'' The State Legisla- latures. however, saw fit to leave the enterprise to the teachers themselves, to bear the expense, till after the Normal School was established. Ihe Superintendent also, in 1845, '46 and '47, devoted much time to the subject of Union Schools, and in persua- ding the people of the great advantage which might be de- rived therefrom. It required much persuasion, argument, and information, at first, to interest the people in the plan of Union Schools, which has sinc« become so prominent a feature in our Primary School System. Making another advance of five years from the period last considered, to 1852, we find the legal provisions for the support of Schools slightly changed, as follows : Ist. The interest of the School Fund. 12 PRIMAEY SCHOOLS 2d. A tax of tvjo mills on the dollar. (This was changed from one to tioo mills in 1851, and changed back again to one mill in 1853.) 3d. The districts (not the towns, as before,) might vote ■a tax of one dollar per scholar. 4th. The same as in 1847, above. 5th. The rate bill. 6th. The proceeds of fines, &c. The whole amount raised in the State for the support of Schools, in 1852, was abont $200,000 00 Interest of the School Fund, 53,881 92 Two mill tax, -. 30,009 91 Number of Children, 150,631 Volumes in Libraries, 100,161 .School Fund, • 864,476 10 Sales in 1852, ' 52,709 89 The sales in this year vfere about five thousand dollars less than the average for the previous eight years ; but in 1853 they increased four fold ; and in 1854 nearly six fold ; amounting in the two years to $519,801 88. This was about equal to all the sales of previous years since the lands were offered, excepting the first year ; and the sales from 1853 to 1857, inclusive, were nearly equal to all previous sales from the beginning. From these extensive sales, the amount of interest .rapidly increased, till from thirty-four cents per scholar, in 1851, it reached fifty-three cents in 1857 ; but in the latter year the sales amounted to but a little more than forty thousand dollars — not keeping pace with the increase of population — and the amount, the present year, 1858, is but fifty cents per scholar. The sale of the lands depends much upon the financial prosperity of the State ; and must of necessity show a wide difference between years of commer- cial activity, like 1853 and '54, and a year of revulsion, like 1857. The increase of population is more uniform, and less affected by these causes. AND THEIR FUNDS. 13' The entire amount expended in support of Primary Schools in 1857, was $636,000 00. This shows a gratifying increase of interest in the public mind in behalf of Public Education ; and the more so, inasmiich as about two-thirdi^ of the whole amount was raised by the voluntary self-taxa- tion of the people, in addition to more than one hundred thousand dollars they were required to raise by law. Yet, large as this sum seems in the aggregate, it is probablj not more than ninety cents for each inhabitant of the State. But it presents, nevertheless, a gratifying contrast with 1842, when the entire amount w^as but about thirty-five cents^ to each one of our population. The money so liberally expended in the erection of School-houses by voluntary taxation, speaks well for the intelligence and broad views of the people of Michigaa. More than one hundred and forty thousand dollars was raised for that object alone, in 1857. A most gratifying feature of this subject is the fact, that men of wealth are generally quite as read^'' to tax their own property for the erection of commodious and elegant School-houses, and for the support of the ablest teachers who can be obtained, as are the men of moderate means ; or as those who have no property, are to tax those who have. Indeed, it is proba- bly true generally, that the poor, whose tax would be very lit*le or nothing, have been the strongest opposers of Un- ion Schools, on the ground of anticipated expense. While we thus behold our rich men taxing themselves to build School houses, at an expense of five thousand to forty thou- sand dollars, with the interest that must consequently be felt in making the schools all they should be, for the proper development of the intellectual and moral faculties of the rising. generation, we need not greatly fear for the perpe- tuity of our free institutions. We may reasonably hope that such a people can never be made the dupes of politicals demagogues, or social empirics. 14 PEIMART SCHOOLS The following table exhibits the sales of land, and in- terest, for the several years since 1843, after deducting- for- feitures : Tear. Acres. Amount. Interest. To Nov ■30,1843... 58,552.78 $401,425 39 " 1844... 7,454.66 38,860 60 128,099 77 '' 1845... 3,009.93 6,974 17 30,820 01 '' 1846... 6,879.63 35,169 70 31,308 20 " 1847... 18,350.32 91,501 63 33,770 08 " 1848... 15,026.84 68,763 83 40,175 19 " 1849... 8,846.66 38,509 74 44,988 65 " 1850... 10,978.79 47,111 26 47,684 33 " 1851... 19,189.95 83,449 89 50,982 11 " 1852,.. 12,602.59 52,709 89 56,823 60 " 1853... 48,850.04 225,160 16 60,513 29 '' 1854... 68,520.46 294,641 72 76,274 50 " 1855... 27,194.92 109,366 99 96,899 42 " 1856... 19,192.96 79,192 34 104,555 11 " 1857... 9,122.59 40,597 27 110,098 57 333,773.12 $1,613,434 63 The capitol at Lansing was located on the School sec- tion ; no part of which had at that time been sold. The section was divided into lots, reserving about forty-five acres for State, Church, and local School purposes. The remainder has all been sold — principally prior t^o 1855 — for the aggregate sum of $90,640 75, averaging $^52 33 per acre. It is safe to estimate the present value of these lots, as now held by their owners — and about one- half of which were sold no longer ago than in 1852 and 1853 — at half a million dollars. The following table shows the comparative progress of ■Primary Schools, at periods of five years from November 30, 1837 : 1843. 1847. Primary School Fund, IS359,810 00 $573,931 49 Total amount expended, 86,000 00 130,531 7.5 Number of Children, 65,000 108,130 jVolumes in Libraries, I 43,926 1853. 1857. 51,613,434 63 636,071 49 215,928 168,179 $864,476 10 200,000 00 150,531 100,161 An act was passed in 1849, establishing a State Normal AND THEIR FUNDS. 15 School, for the specific purpose of qualifying teachers. This institution is now producing most gratifying results.* In 1855, the Legislature appropriated funds not exceed- ing eighteen hundred dollars per annum, for sustaining Teachers' Institutes ; to be held at the discretion, and un- der the direction of the Superintendent of Public Instruc- tion. These have been held from time to time, as circum- stances and other duties of the Superintendent would admit, with highly beneficial results.i^ An examination of the records of the management of the School Funds, for the first four years, shows the greatest confusion, contradiction, and deficiency. The Reports ap- pear ambiguous and imperfect ; and the School and Uni- versity Funds are at times so united that it is impossible to separate them. Until the establishment of the Land Office in 1843, there appears to have been but little system in keeping the accounts, or it was so imperfect that the Reports conveyed no intelligent understanding of the situation of the Funds. The first Report from the Com- missioner of the Land Office, at the close of the fiscal year 1843, says : " Upon an examination of the books transferred to this office, it was soon perceived that their keeping was defi- cient in system, and incapable of affording exact and perfect information of the business transactions of the department." This "exact information" must probably be reckoned with the lost arts ; though the latter may be recovered, while the former never will. It is, therefore, impossible to go back to the commencement, and make a table of the receipts and expenditures of the Funds. The details of the first four or five years cannot be obtained and arranged so as to give a clear exhibit of the subject. The earliest * See artitfle iinder head of <' State Normal School," foUowiDg. gj^t See-Beport of Superintendent of Pablic lastruetion, recently published, page 4T9, and oe. 16 PEIMARY SCHOOLS specific statement of affairs is found in a Report of the Superintendent of Public Instruction, December 1st, 1842. From the most thorough examination he was able to make, of the subject, he arrived at the following aggregate re- sult, as it appeared at that date : Receipts on account of principal, $121,332 73 Amount loaned, $84,820 00 Amount in the treasury, . 30,533 50 115,353 59 Deficiency unaccounted for, $5,979 14 Received on account of interest, $92,127 05 School moneys apportioned, $69,141 80 Expenses, 10,502 74 In hands of agents, 1,777 72 Uncurrent funds, 958 00 82,380 26 Deficiency unaccounted for, $9,746 79 " on principal, above, 5,979 14 Total deficiency in principal and interest, $16,725 93 The deficiency was really more than this; as the "ex- penses" (and perhaps the "uncurrent funds") were partly on account of the University Fund, (probably one-fourth,) but the Report does not state how much : and we here let the deficiency in the School Fund stand as above, instead of $20,000 00, as it probably was. The following tables have been prepared with some days of labor *in searching and comparing the official Reports and records, and are believed to be as correct an exhibit of receipts and expenditures as can be obtained. If any person wishes to search for further information, he will truly find it a " search for knowledge under difficulties." Previous to 1843, the confusion and contradictions in the AND THEIR FUNDS. 17 records are snch, that an attempt to go back of that time for details was given up in despair. The tables therefore, com- mence with the accounts as reported in the aggregate by the Superintendent of Public Instruction, up to November 30th, 1842. The first table shows the receipts to the School fund, as reported by the Superintendent of Public Instruction and the Commissioner of the Land Office, and the receipts and amount of fund loaned to the State, ac- cording to the reports of the Treasurer. The amount loaned to the State, is given from 1839. The amount loaned to counties and to individuals, up to 1842, (and nothing has been thus loaned since that time,) was $84,- 820 00. This deducted from the amount received, accord- ing to the Treasurer's Reports, leaves $868 43 more in the hands of the State than is reported by the Treasurer. Receipts for principal Receipts for pi incipal, Amount in the hands Year. per Land office Re- ports per Treasurer's Re- ports. of the State. Expenses. 1839 $ 4,756 40 1840 3,315 64 1841 12,076 27 1842 $121,332 73 $115,353 59 29,665 16 1843 14,898 63 14,125 60 41,245 23 $2,545 53 1844 19,766 04 19,784 44 54,799 00 6,230 89 184 s 20,130 63 20,028 20 71,827 20 3,000 00 1846 19,863 35 20,226 43 92,053 63 1847 37,933 19 37,826 98 129,880 61 1848 27,651 19 27,450 73 157,331 34 1849 17,959 72 17,918 72 175,250 06 1850 22,499 90 22,462 90 197,711 96 1851 41,166 77 40,540 22 238,252 18 1852 32,623 76 32,399 81 270,611 57 40 42 1853 107,417 20 107,417 20 378,028 77 1854 116,991 85 116,991 85 494.525 04 495 58 1855 62,228 45 62,228 45 555,994 82 758 67 1756 49,060 61 49,060 61 604,855 43 200 00 1857 26,203 82 26,203 82 630,742 94 316 31 I $737,721 84 .$730,019 55| 1 $13,587 40 18 PEIMARY SCHOOLS Thus, according to the Land Office Reports, the receipts have been, $737,721 84- Of which there was loaned, $84,820 00 Expenses paid, 13,587 40 Now in the Treasury, 630,742 94 ^29,150 84 Apparent deficiency, $8,571 5'0 Of the $84,820 00 loaned, $30,820 00 has been paid, and that amount is consequently reckoned twice in the accounts, and makes the aggregate footings so much more than the actual proceeds from the lands. Of the $54,000 00 still on loan, $11,900 00, which was loaned to individuals, is considered worthless — -the securi- ties being insufficient, and no interest having been paid for many years. The remainder is in the hands of several counties and is considered safe. The present entire Primary School Fund is situated as follows : Loaned to the State,. $630,742 94 " to Counties, 42,100 00 " to individuals, (worthless,) 11,900 00 Due from about 7,000 purchasers, payable at their pleasure, 928,691 69 Total Primary School Funds,. $1,613,434 Q>Z The following table shows the receipts for interest, ac- cording to the Land Office Reports, and the expenditures, ex- clusive of the interest upon the funds loaned to the State, commencing with the aggregates at the close of 1842. The first aggregate of expenditures includes, as near as can be estimated, some $4,000, which should be in the University Fund account : AND THEIR FUNDS. 19 Year. Receipts. Kxpenditures. To Dec. 1st 1842. $ 92,127 05 ^ 82,380 26 1843. 19.567 33 20,878 26 1844. 21,218 06 28,617 40 1845. 26,831 39 22,810 97 1846. 23,543 33 23,209 52 1847. 25,653 91 31,274 74 1848. 27,147 84 12,133 42 1849. 81,500 20 28,831 OS 1850. 33,990 31 30,903 37 1851. 36,301 53 33,987 18 1852. 55,785 19 42,340 00 1853. 43,664 65 32,984 4g 1854. 44,320 13 43,394 32 1855. 57,281 87 47,237 18 1856. 62,310 56 59,999 61 1857. 66,667 65 84,855 38 $667,931 00 $605,837 07 In the Treasury, Nov. 30, 1857, $ 36,430 7'8 $642,267 85 667,931 00 Apparent Deficiency in Interest, $25,663 15 " " in Principal, above, ... . 8,571 50 Total Deficiency in Principal and Interest, . $34,234 65 The School lands in the State are estimated at 1,148,160 acres. Of this amount, 704,000 acres are in the lower pen- insula, and 444,160 in the upper. Of all this, 334,413 acres were disposed of, to Nov. 30th, 1857. Estimating the part yet unsold, at four dollars per acre, (and it is believed it will average that sum,) or one dollar less than the present minimum price, we have a fund of $4,868,022. But call it $4,000,000 ; which must, in the worst possible event, be below the ultimate result, and it gives a yearly fund for distribution, of $280,000. This will be a rich fund, to be realized in the future ; but ere one-half of the present lands are sold, Michigan will have a population of two 20 PRIMARY SCHOOLS millians, with five to six hundred thousand scholars ; and it is probable that the population will ever hereafter increase quite as rapidlj as the School Fund. This being the case, it cannot be expected that the Primary School Fund ap- portionment will ever be much, if any, greater per scholar than at the present time. Something may be gained, how- ever, in an economical view, as the population becomes more dense, by the increased size of schools ; thus reduc- ing the expense of teaching per scholar. But the School lands are not the only source of revenue upon which our Schools are expected ultimately to rely. The State has some five and a half million acres of " Swamp land," the present minimum price of which is $1 25 per acre. By the law of 1858, one-half of the proceeds of these lands goes into the Primary School Fund. If we es- timate one-half of these lands as valueless — which is probably not the case — the other half, at $1 25 per acre, will amount to about three and a half millions ; a moiety of which, added to the School Fund, will be equal to the entire Fund at the present time. But this is a matter sub- ject to the uncertainty of legislation ; and some future Legislature may repeal or amend the present law, and pre- vent any further additions to the School Fund from this source ; though the proceeds accruing up to the time of such change, cannot be constitutionally diverted therefrom. Another important prospective source of revenue to Primary Schools, is found in the Constitutional provision that all specific taxes, (except those from the Mining Com- panies of the Upper Peninsula,) which are now applied to the State indebtedness, shall, when those debts are extin- guished, be appropiated to the support of Primary Schools. These taxes (paid by the railroad companies, banks, &c.,) already amount to about $130,000 per annum, and are con- stantly increasing. Were it not for the State indebted- ness, the apportionment of the public money per scholar, would now be over one dollar, instead of fifty cents. AND THEIR FUNDS. 2l Thus it appears that the yearly income of the Primary School Fund — should there be no change in the disposition of the proceeds of the Swamp lands — will eventually reach five or six hundred thousand dollars. This result is re- mote, but toward it, time is tending. But whatever the actual amount of the School Fund may hereafter be, it is certain that it will be sufficient at all times, to afford essential aid in the education of the young. But it might be asked, what is the real benefit of a School Fund, great or small? Money of whatever amount, can never by its own power, teach a child its letters, erect a School house, or employ a teacher. Its efficacy is not in itself, but in the hearts of the people ; as the power of the axe is in the muscles of the woodman. A thousand axes can never bring down the towering oak until their posses- sor wills that the tree shall fall, and puts his own hand to the work as the active power. So will a School Fund, how- ever large, be valueless for any great results, unless the people luill that it shall do its appropriate work. And they cannot thus will, unless they have a deep sense of the im- portance of the subject, that shall create &, personal interest. A large fund of money will prove of little use, unless, un- derlying it, is found a great fund of warm human hearts, throbbing with patriotism and virtue, and an active desire to prepare the youth of the land Avorthily to fill their pla-^ ces when they shall have shuffled off this mortal coil. Then, indeed, a large fund becomes a great blessing ; en- dowed with moral power ; and money in changed into knowledge — sordid gold into living thought I That a large School Fund begets indifference in the minds of the people, is an assumption sometimes made, but which is yet to be proved. It is not proved by the fact that such indifference may somewhere have existed. Such a state of the public mind must be sought for, in some cause back of this. Men who are at all impressed with a sense of 22 PEIMARY SCHOOLS their responsibilities as rational, immortal beings, cannot under any circnmstances be indifferent to the intellectual and moral training of the young. Ignorance, moral de- pravity^ and blind selfishness in the man, alone can render Mm uninterested in a work so important, so essential to the prosperity of our country and the good of our race.' Find a community where no interest in education is felt, and a corresponding indifference will be found to all subjects which rise above mere physical considerations. If such a community is furnished with an educational fund, and there is not found moral sense enough to make any good use of it, what tendency would the withdrawal of it have to awa- ken an interest ? If these things are done in the green iree, what shall be done in th§ dry ? On the other hand, the citizens of a community where exists a high moral tone, where the newspaper of estab- lished character is found in almost every house, and the claims of a Supreme Being are recognized, will not fail to educate their youth, with the same or a higher standard of excellence in view, though they enjoy the aid of no public funds. This is illustrated in no small degree, in the State ©f Michigan at the present time, in the fact that during the past year, with a public fund of about one hundred thousand dollars, the people have taxed themselves over f^ve hundred thousand dollars more! The same spirit, amounting almost to enthusiasm, is shown in the regard felt by the people for all our institutions of learning — ia the numerous private schools and seminaries, the Normal School, the State University, the Agricultural College, as well as the Asylums for the Deaf and Dumb, and the Blind, and the Insane, and that no less noble Asylum, the House of Correction for Juvenile Offenders. To build up these institutions, the people are liberally taxing themselves to a large amonnt — regarding them, both as the loftiest monu- ments the}^ can erect of commendable State pride, and as AND THEIR FUNDS. 23 the highest demands of an enlightened humanity, true pa- triotism and social good. Our School Fund should be prized as a rich inheritance to ourselves and our posterity ; but still more ought we to appreciate and rejoice in that high-toned public sentiment which determines that Education shall be universal — that this Fund shall never be perverted from its original design and greatest possible influence, and that the noble senti- ment of our fathers, whose hands gave form to our institu- tions, that " Religion, Morality, and Knowledge, being ne- cessary to good government and the happiness of mankind, Schools and the means of Education shall forever be en- couraged," shall never be repealed or disregarded. THE ST^ATE NORMAL SCHOOL, ?| AND ITS FUNDS. All the legislation of our State, from the commencemeiit, upon educational affairs, seems to have contemplated, not enly the necessary pecuniary aid for Primary Schools, but the highest grade of talent and aptitude in their vocation, that could be secured in teachers. This in our legislation was but the reflection of sentiment manifested by the active friends of Popular Education, among whom the teachers themselves stood foremost. Instead of leaving the district officers, who are usually elected more with reference to their business activity and financial skill, than to their edu- cation, to judge of the qualifications of the teachers they employ, as has been, and perhaps still is done in some States, our State has made provision for the_^election of ofii- cers who are expected to be chosen for their ability to judge of a teacher's qualifications, to examine every person proposing to teach a Primary School, and without whose certificate of fitness, no teacher can be employed, on pain of the district's being deprived of its proportion of the pub- lic funds. This was well calculated to stimulate teachers to a de- sire to excel, and Associations and Institutes were organ- ized in many places by them, for the purpose of improve- ment in their profession. With these organizations the Superintendent of Public Instruction gave a hearty co- operation, and recommended legislative aid in their behalf; which, however, was not granted until a recent date. These Associations were, perhaps, more than any other 4 26 THE NORMAL SCHOOL cause, the means of concentrating public opinion upon the subject of a State Normal School; showing as they did, the necessity of such an institution, and to some extent, what might be expected from it. The State Normal School was established by the Legis- lature in 1849; and its main design is to be a School for Teachers ; where they may receive instruction peculiarly ..adapted to their profession; though the law contains some rhetorical flourishes about giving "instruction in the me- chanic arts, and in the arts of husbandry, and agricultural chemistry, in the fundamental laws of the United States, and in what regards the rights and duties of citizens.'^ The Normal School is to the Primary Schools, what Theo- logical Seminaries are to the Churches— it is simply the Teacher's College, and a school for 'professional training. The law creating the Normal School of Michigan placed it under the direction of a Board of Education, consisting of three persons, to be appointed by the Governor, and approved by the Senate ; one of which was to retire from office each year, by one new appointment being made in each year. The Legislature of 1850, made the Lieutenant Governor, the State Treasurer, and the Superintendent of Public Instruction, ex-officio members of the Board. The Superintendent was made the Secretary of the Board, the Treasurer its Treasurer, and it was to elect its own President. All this, however, was changed by the Constitution of the same year, which provides for a Board of three mem- bers, elected by the people, to hold their office for six years — one being elected at each biennial election. The : Superintendent is ex-offlcio a member, and Secretary of the Board. Ten sections of Salt Spring lands were appropriated to meet the' expense of buildings, apparatus, &c., to be de- nominated the " Normal School Building Fund." The Salt Spring lands consisted of seventy-two sections, AND ITS FUNDS. 27 granted -by Congress to the State, in connection with the salt springs, which it was then hoped would become a source of wealth to the State in the production of salt. In appropriating the ten sections for the necessary im- provements to put the Normal School in operation, they were not offered for sale for cash. But all labor and ma- terials were to be paid for in warrants on the Commissioner of the Land Office^which warrants alone could be re- ceived for the land. In addition to the above, fifteen sections of Salt Spring lands were appropriated, subject to sale, for an Endowment, which was made inalienable for the support of the School. The proceeds were to be placed in the State treasury, like the other Trust Funds, and upon which the State was to pay six per cent., annually. This interest, with that re- ceived on unpaid balances from purchasers, was to consti- tute the "Normai School Endowment Fund." The Board of Education held its first meeting in May, 1849. The location of the School became a subject of in- terest to the citizens of different localities, and at the next meeting of the Board in September, propositions were re- ceived from the citizens of Ypsilanti, Jackson, Marshall, Oull Prairie, and Niles ; each tendering to the State a site for the buildings, together with large subscriptions in money. Upon a full comparison of these liberal ofiers, and upon a general view of the subject, the Board decided to locate the institution at Ypsilanti, upon the following proposition of the citizens of that place : They were to give a suitable plat of ground for a site for the buildings, a cash subscription of $13,500 to be paid, one-third in September, 1850, and the remainder in one and two years thereafter, the use of temporary buildings for the Normal and Model Schools until suitable buildings could be erected, and the payment of the salary of the teacher of the Model School for five years. The site consisted of four acres, beautifully situated 28 THE NORMAL SCHOOL upon the high grounds on the west border of the village — now city — of Ypsilanti. By an act of the Legislature of 1850, the ten sections c^ land appropriated for a building fund were consolidated with the other fifteen sections, to be denominated the Normal School Endowment Fund, and made inalienable, except so much of the same, not exceeding ten thousand dollars, as might he required to complete the buildings, purchase necessary books, apparatus, (fee, after exhausting the amount of donations. The minimum price of the lands was fixed at four dollars per acre ; but the Commissioner of the Land Office was required to procure an appraisal, below which none could be sold. An appraisal was made in 1850. A large portion was appraised below the minimum price. Some were valued as low as $1 50 per acre. These, of course, must remain unsold until they rose in value, or till the minimuna price should be reduced. In the same year, the Board added four acres more of land to the site for the buildings, and contracted for the.ir erection for the sum of $15,200— of which $12,000 was to be paid by the citizens of Ypsilanti. An act was passed by the Legislature of 1853, appro- priating to the Endowment Fund the moneys arising from the Swamp Lands previously sold by the General Govern- ment, not exceeding $30,000. From this the School re- ceived no benefit. After the grant of the Swamp Lands to the State, it was supposed that the General Government had disposed of enough to reach the above amount ; and that, as the lands had been granted to the State, the money would be re- funded. The amount of lands thus sold was afterward found to be comparatively small, and no money has ever been received by the State on their account. The Legislature of 1853 also appropriated $2,000, annu- ally, for two years, from the State treasury, to the Endow- AND ITS FUNDS. 29 ment Fund, and $3,000 to the same, to be applied to the purchase of books, apparatus, and improvements upon the grounds. But the income of the Normal School Fund, notwith- standing these appropriations, was inadequate to the wants of the institution. At the beginning of the year, 1855, it had exhausted its funds, and had contracted a debt of $2,000. In this embarrassment, it encountered the evils that have attended the first years of every State institu- tion, of whatever kind, from the organization of the State. It was found that the School must have further aid, or its usefulness would be so circumscribed that it could not ac- complish half its work. The Legislature of 1855, appropriated $7,700 for that y«ar, and $6,000 for 1856. This gave relief for those two years ; and in 1857, upon the recommendation of the Su- perintendent of Public Instruction, the same sums were appropriated for 1857 and 1858. The following table exhibits the amount of sales and re- ceipts of the Normal School lands, and the expenditures for the several years named. The expenditures include the appropriations from the State : No of RECEIPTS. EXPENDITURES. Acres 6old. Am't of Sales ^ Onac'tof Prin.l Onac'tof Int. End'm't iund Interest Fund. 18501 920. $ 8,600 00 $ 2,150 001 $ 15 261 $ 611 60 221 77 1861 3,215.98 13,524 19 3,601 051 206 28 2,380 31 717 03 18621 1,055.95 4,135 70 1,613 33 1 980 75 3,556 80 275 00 1863 2,227.98 9,870 42 3,909 79i 1,319 04 1,479 57 3,731 38 1«54 3,063.35 21 033 40 4.591 37| 1,783 79 8,132 56 1865 1,609.62 7,718 48 3,814 51 2,590 55 67 56 6,568 08 1856 2,309.31 9,557 24 4,463 47 2,715 07 11,367 74 1867 1,081.77 4,327 08 1,525 67 3,000 55 80 10.063 18 I 15,433.961 $78,826 61| $25,669 ly| $12,611 29| $8,096 64| $41,076 74 Of the lands sold, there have been forfeited 720 acres, valued at $5,580, whieh amounts deducted from the whole amount of sales, as above stated, leaves 14,713.96 acres, sold for $73,246 51, which constituted the real amount and value of sales at the close of the year 1857. From this value of the sales, deduct the $8,096 64 endowment fund expended in buildings, &c,, and it leaves $65,149 87 — the present 30 THE NORMAL SCHOOL amount of the fund. Of this amount, $17,572 55 is in the hands of the State, upon which it pays six per cent, per annum — $47,577 32 remaining in the hands of purchasers, and upon which they pay seven per cent. This makes the income from the Endowment fund for the present year, $4,384 76. But 1,277 i acres of the land ap- propriated remains unsold ; therefore, the income of the School can be but slightly increased without further aid. It is an old saying, that "there is no royal road to knowl- edge." Every child must think for himself. But if knowl- edge can be attained only in the narrow path of study, it is yet doubtless true, that path is made much easier and more attractive, for the pupils in the Primary School, at the present day, than it was when trod by their fathers. This is owing in part to the improvement in the style and construction of School-houses, by which they are rendered more conducive to health, and more inviting to the taste of the young ; but also, in a great measure, to the improved skill of their teachers. In proportion as Teaching becomes a profession, instead of an incidental and temporary occu- pation, will the teacher's powers of imparting instruction be increased. Men who are not yet very old, can remem- ber vs^hen tlieir "teacher" appeared to have little more thought of teaching ideas, than had the mistress who, with the spelling book reversed upon her knee, repeated to the impatient child, " What's that A, what's that B, what's that C," CTease of numbers, for the reason that the buildings were ^©ady crowded to. their utmost capacity. Had the AGRICULTURAL COLLEGE. 87 accommodations been sufficient for all who made applica- tion for admission, the number of students at the third term would have been not less than two hundred. The amount paid upon previous contracts, expended in improvements, and for the support of the school, in 1857, and till April, 1858, was $52,931 66. Thus the institution was put in operation, a large College building, four Professors' houses, a boarding house, a brick barn and out-houses, were erected ; one of the best labora- tories in the country purchased ; nearly 200 acres of land cleared and brought under cultivation ; an orchard planted, and the farm stocked with horses and cattle j and the school conducted one year, at an expense, including the cost of the magnificent farm, of $97,526 63. This is less, exclusive of the farm, than was the expense of putting the State University in operation, and sustaining it one year, with ten students. The University now boasts of its four hundred and fifty students, and holds an enviable rank among the highest Schools in the land. Yet its commence- ment was far more unpromising, and its pecuniary embar- rassments were vastly greater, than have been those of the Agricultural College. The actual wants of the Agricultural College required at least ten thousand dollars more than has been provided, to carry it to the spring of 1859 without embarrassment, and anxiety on the part of its officers. But in this, it has only encountered the same misfortune that has attended the early days of every State institution. Sunlight and rain are the free gifts of God. Money cannot buy them, nor the want of it deprive us of their blessings. But Providence does not furnish the farmer with his plow growing by his gateway, or the blacksmith with his forge ready built. Neither does Providence build us Churches, Asylums, or School houses. But a munificent Creator has given us the means by which with our own 88 AGRICULTURAL COLLEGE. hands to procure these and other social blessings, and left lis to a great extent, to have them or not, according to our appreciation of their benefits. The rich fruits are placed within our power to obtain, and we may reach forth our hand and feast upon their luxuriance, or we may starve on in moral and intellectual poverty as whole ages and races have done before us. The liberal hand with which the citizens of Michigan have dispensed the means for public improvements, publi© charities and Schools, is proof beyond dispute that in thes« things the question with them is not, " will they cosft money ?" but only this : " will they be worth the money expended ?" This is a legitimate caution, which they will consider as well in reference to the Agricultural College as any other enterprise. That the establishment of this institution was called for by public sentiment, as it was imperatively demanded by the Constitution, there can be no doubt. The year 1855 found the State Treasury in an apparently well replenished condition. True, a large portion of the funds were bor- rowed money, upon which the State was paying six and seven per cent., while they were earning the State but one per cent, per annum. But it was not optional with the State to borrow the money or not ; it had long before agreed to loan all the trust funds as they accumulated ; and for some years previous tq 1855, they had increased rapidly, from the general prosperity of the country and consequent extensive sales of land. These funds were still flowing into the treasury, and but comparatively a small portion would be soon required to meet the State indebt- edness, most of which was not for several years due. The question then very naturally arose with the Legis- lature of 1855 — shall these hundreds of thousands still re- main in the treasury, earning but one per cent., while the State is paying six and seven per cent, for them — or shall AGBICULTURAL COLLEGE. 89* a liberal portion be used in building up those important State institutions demanded by our Christianity, by phi- lanthropy, by public sentiment, and by the Constitution ? It was decided with great unanimity that a portion should be thus used ; and that what remained in the treasury should be made to earn five per cent, per annum. The bill passed the Senate by a vote of twenty-four to five, and the House by a vote o^ forty-four io fourteen. The amount of the five per cent, earned by the money in the treasury,, after the withdrawal of all that was used in carrying on iSie public institutions, and for the expenses of the govern- ment, in 1855, '56 and '57, was $61,484 98— or $51,237 49- more than the same amount would have earned at one per cent., as by the previous law. The difference^ alone, is more than will have been drawn from the treasury (exclusive of the avails of salt spring lands) to place the Agricultural College free from all debts at the commencement of its third school year in 1859. This may be considered a suf- ficient comment upon the financial policy of the Legislature which inaugurated the institution. As to the economy that has been practiced in putting the School in operation, it is believed that, considering the difficulties to be over- come, the Board of Education have acquitted themselves well, and to the satisfaction of a candid public. All was new — the character of the School itself, not less- so, than the lands upon which it was to be located. It was, in 1855, in most of its features, an experiment. It is, in 1858, no longer so. It had then no precedents upon which to rely. It has now furnished successful precedents which several other States are already taking measures to follow. Experiment has changed to demonstration. Never was- the figure of the wilderness blossoming like the rose, more literally manifested. Where in 1855, was the wild forest farm, are now the smiling fields, elegant College buildings,, and one hundred students, who, as a body, are proud of the- institution, and indignant at any attempts to decry its bene- 12 90 AGRICULTURAL COLLEGE. fits, or injure its reputation. With three hours per day of field labor, it is the testimony of the officers, who have had experience in other institutions, that the students come to their recitations with clearer minds, and as great advance- ment as in other Schools. Discipline is said also to be easier than in Colleges gen- erally. The relaxation from study, which so often leads to irregularity and mischief, here takes another direction, and the physical demands for action, like the steam in the boiler, which must be discharged to prevent danger, is here ex- pended in useful labor. But there are other causes also, which contribute to the good deportment of the students. Colleges are usually in cities or large towns, where every temptation is at hand, soliciting the student to Jsensual in- dulgence and mischief. The Agricultural College is in the country, three and a half miles from any settlement, except here and there the farm house of a respectable citizen, en- tirely away from town temptations, and where the practice of many of the vices of youth in towns is next to impossible. There is also a difference in the character of the students themselves. The largest portion are from the country — from the seclusion of the farmer's home — and have not so much acquired town habits, or been so much subject to town temptations, and consequently are less inclined to town vices. The Agricultural College, like the State University, is under the control of no religious denomination or sectarian influence. Yet like that, it is designed to be in the hands of men who recognize the claims of a common Christianity, and will recommend its principles with true catholicity, by precept' and by example. No College, therefore, is a safer place for a parent to send his son, with reference to moral influence upon his character. The Agricultural College of Michigan is now in success- ful operation. The only questions are : Shall it be sus- ttained? and how? AGRICULTURAL COLLEGE, 91 To the question — shall it be sustained? — it is believed that the people of Michigan will give but one answer. When a State suffers its Schools to expire, (unless super- ceded by others,) it gives fearful tokens of decay, and a relapse toward, if not actually to, public ignorance and barbarism. Blot out the State University, the Normal School, and the Agricultural College, and the same public sentiment that will thus assassinate the genius of mind, will lift no hand to save local Seminaries and Primary Schools from a similar fate. Well may we look with honest pride at the State University, and rejoice in the great work it is doing ; but the genius of its system is not spe- cially adapted to the wants of the farmer. Its main de- sign is in other directions. The Agricultural College, while it designs to discipline the mind of the student, and impart generally, the most useful practical knowledge of men and things, makes his instruction in those branches of science most useful to him as a Tiller of the Soil, a primary object. That the College shall be sustained, therefore, is believed to be a proposition that requires little argumenta- tion with an intelligent people. This question, however, in view of the other, may ad- mit of a division, which is debatable. Shall the College be sustained only with its present capacity — or shall it be made commensurate with the wants and wishes of the class for whom it is instituted ? It has now one hundred students ; and this is the utmost limit of its capacity. At the commencement of the last term, about one hundred and fifty applicants were rejected or discouraged from appearing at examination, for no other reason than because there was no room to receive them. As many will probably be refused admittance in April next, unless the applications shall be withheld, from a knowl- edge that the institution is full. To meet the full demand, requires that further additions to the College build- ings should be immediately erected, and the boarding ac- 92 AGBICULTURAL COLLEGE. commodations increased three-fold, with additional barns, and other incidental expenses. Fifty thousand dollars would probably no more than make such additional im- provements as might be fully occupied as soon as comple- ted. (Such increased accommodations as would admit of two hundred students, might probably be secured for twelve to fifteen thousand dollars.) Thus this question in- volves the other: How shall the College be sustained? The Agricultural College has no endowment. Until it has, its current expenses must be a charge upon the treas- ury, if tuition is to remain free. The State has no more unappropriated lands from which to create an endowment fund, as has been done for the University and Normal School ; and their funds, even, are not sufficient for their wants. The Educational funds from Congressional grant© are all pledged to their appropriate ends. The seventy- two sections of Salt Spring lands have been appropriated — twenty-two sections to the Agricultural College, twenty- five to the Normal School, and twenty-five to the Asylums for the Deaf and Blind, and the Insane. The avails of the Internal Improvement lands have been expended in vari- ous ways, and are a matter of history. The will of the people appears decisive that such portion of the avails of the Swamp Lands as are not required for reclaiming the lands, shall be added to the Primary School Fund ; as thus imparting the greatest good to the greatest number. The State has no more lands from which to create an endow- ment for this, or any other institution. As members of a great confederacy we have an interest in many hundred millions of acres of land, several millions of which lie within our own borders, but of which the State has no exclusive ownership, or power even of taxa- tion. In all these untold millions we have only an equal ownership, according to population, with Vermont or Creorgia. Congress has for years been well granting an AGRICULTURAL C0LLE(;E. 93 immense amouut of these lands to aid in internal improve- ments. But this has not been done exactly as a gift, or as distributing to " the people" thnt which is their ov/n ; but rather with the expectation that the remaining lands would be thereby increased in value equal to, or exceeding the whole. But what real difference would it make, whether the grant of land to build a railway increases the value of the re- maining lands, or adds an equal amouut to the wealth of the country in some other way? And may we not justly claim that the wealth of the country is increased by the educa- tion of the people? Especially will this be true in ref- erence to Agricultural Schools, As is Michigan, so is our nation essentially an Agricultural Nation. As a Nation, we buy more manufactured productions than we sell, and sell more of the earth's productions than we buy. The farmers cannot be educated — and especially if educated in ref- erence to their profession — without adding materially to na- tional wealth and power. Therefore, if the public lands are to be regarded only in the sordid view of dollars and cents, a portion can be appropriated in no wiser direction thau for the education of that class whose numbers, physical strength and general political integrity, have given them the cognomen of " the bone and sinew of the land." But a grant of lands for Agricultural Schools may be claimed upon still other and higher grounds. In addition to the proposition that it will add directly to the national wealth and power, we may urge the value of Education itself; in the comfort and happiness it brings to individ- uals ; in making them better citizens ; and the new guar- anties it creates of the perpetuity as well as the prosperity of our boasted institutions. Like the former proposition, this would seem to need no argument. It is not proposed to argue either of them here. These remarks are designed rather as suggestions of facts, the truth of which must be apparent to every intelligent mind. The man w^ho would 94 AGEICULTURAL COLLEGE. require argument to convince him of their truth, must be one who has never heard the maxim, "Knowledge is power !" But we have yet another claim to urge for a grant of land to Agricultural Colleges. The benefits derived from grants of lands to railways are to a great extent local — being made only for sections where the lands are situated ■ — while a grant for the education of the farmers in all parts of the country, will be general and equal. As has been said, these lands belong not to the States or Terri- tories in which they lie, nor do they belong to Congress. They are the property of the people — as much of the people of Massachusetts and Georgia as of Michigan or Kansas. A great portion of the people are agricultur- ists ; and those who are not, are equally benefited by their prosperity, and equally ready to see Schools endowed for their education. None would rejoice more sincerely in their prosperity than the manufacturers of New England, the miners of Pennsylvania, or professional men every- where. In establishing the Agricultural College of Mich- igan — as was well shown in an article from the pen of a member of the present Legislature from Ionia county, published some months since — all other classes were even more interested than the farmers themselves. This proves what has been before stated, that the farmer has no enemies. The public lands, then, belong entirely to the farmers and their friends. And shall not Congress, which is only their agent, or trustee, give to the people a portion of that which is their own — which will make them wiser and hap- pier — which will teach them how to lighten the fatigue of labor, while it makes them more valuable citizens, increases the aggregate wealth of the nation, and fornis new guar- anties of its perpetuity and future greatness? If refused, it will be in defiance of public sentiment, and a great want of the age ; and give evidence that the rulers we have AGRICULTURAL COLLEGE. . 95 placed in power have a higher appreciation of internal improvements than they have of the intelligence and pros- perity of the people. In other words, that they think more of the value of railways than of men! We ask it not for Michigan alone ; though were there to be an exclusive privilege, we might cite the fact, that she has been the pioneer in the inauguration of an Agricultu- ral College, and risked the liabilities incident to every new enterprise ; but we ask it upon the above considerations, for every State in the Union. We ask it as their right, as States and as individuals, as a means of social happiness and general improvement; and as the highest benefit that can be derived from a portion of the public lands, in se- curing the greatest good of the greatest number, and the wisest means of making our great community of States a rich, happy, intelligent, and powerful people among the nations of the earth. HOUSE OF CORRECTION FOR JUVENILE OFFENDERS. Had this institntion been denominated, by the Act es- tablishing it, the State Reform ScJiool, it would have been a more appropriate name, and more expressive of its true design. That design, with reference to those under its in- fluence, is scarcely different, in its moral and intellectual character, from what the Primary School should be, in re- lation to its pupils. The aim of each should be to educate both the intellect and the heart. Moral discipline ought everywhere to be united with intellectual culture. While the latter, in the "Primary School, is more apparent in the machinery, so to speak, by which it is 'effected, it will still fail of its highest end, unless moral instruction is constantly blended with it. The moral influences may not come with as much observation, but they are no less important. Im- prove the intellect of a morally bad person, without any cultivation of the moral qualities, and while he may be able more successfully to evade the penalties of law, he iSj in some respects, only a more dangerous man in society than before. Hence, we see what a Primary School should be ; and this it is designed the House of Correction shall he. In one respect, however, it goes further than is to be expected of the Primary School. The latter makes intellectual cul- ture its more apparent object ; but should consider the training of the moral nature equally important. The for- mer places the two considerations on a more equal basis than is done in Primary Schools, as a matter of fact, both 13 98 HOUSE OF COERECTION in real importance, and in prominence. But to these fea- tures is added another. It is also an Industrial School. Morality, Intelligence, and Industry. Truly, this is a wor- thy trinity of considerations to impress upon the youthful mind anywhere! If the boy who has fallen into crime needs these teachings, to reform him, the child in the Pri- mary School, who has not yet fallen, needs the same to foi?- tif}^ him against temptation, and insure his safety. If any one supposes that the House of Correction is Bome modern Bastile, where unfortunate or guilty boys are immured behind bolts and bars, like a criminal in his dun- geon, with nothing to do but to mourn over his loss of lib- erty, and his far greater loss of the sympathies of his race, and to plot revenge upon society when he shall escape — a more hardened and desperate character than before — ho hasi something to unlearn before he can understand what the institution is ; what its aims, or its operations. It is probable that many persons form their opinion of a State Penitentiary, not a little from their ideas of some unfortu- nate captive, entombed alive by a cruel tyrant ; and then imagine that a House of Correction for juvenile offenders must be similar to their imaginary penitentiary. It wiU be the design of these remarks to correct such impressions, by a brief review of the establishment of the Michigan House of Correction, and its practical workings in the education and reclaiming of those who come under ite influence. The main object which is, or should be designed, in the punishment of adult violators of law, is a question upon which men differ. Some hold that the great object of punishment is the reformation of the offender ; that a Stat® Prison is scarce else than a moral Asylum, where the morally insane may be taken to be treated for the obliqui- ties of their hearts, as the intellectually insane are sent to their appropriate Asylum. Others contend that, while FOR JUVENILE OFFENDERS. 99 everything should be done that can he, to rechiim the heart, as well as to reform the manners and conduct of the culprit, the greatest design of punishment is the protec- tion of society ; not only by restraining, and if possible, reforming the man, but by making him an example of terror to evil doers, with whom moral considerations are not suffi- cient to restrain from crime. Whether the world will ever agree upon this subject, is perhaps doubtful — unless they meet upon the more rational intermediate ground, that both objects are of equal im- portance. But in reference to those who, from their youth, are sent to the House of Correction, all will probably agree that their reformation should be the great object. Hence, the necessity of the institution ; for all agree that, to send them to the penitentiary, is but to hasten and per- fect their ruin. As a School, the House of Correction is designed to do all that the Primary School can do, and more. As a Prison, it is divested, to a very great extent, of those obnoxious features, and degrading associations and influences that attach to the penitentiary, and seeks hopefully to accom- plish results, which the penitentiary either regards as of secondary importance, or in which it most signally fails of its end. As to the bare fact of personal restraint, the House of Correction has the character of a prison ; and in this it is only like the Asylum for the Insane. But farther than this, it more resembles an industrial school for boys. The appearances of restraint are, as far as possible, avoided. They wear no stripes, or other sign of disgrace, to remind them of their fall, and make them despise themselves ; their honor, and their better, higher nature — not rendered obtuse, like the matured man of crime— are happily ap- pealed to, and all their associations and surroundings are designed as much as possible, to cultivate their self-re- spect, and stimulate them to high and noble thoughts and aspirations. 100 HOUSE OF CORKECTION The law of hereditary descent is no less certain in its effects upon the moral tha-n upon the physical nature. Diseased parents semetiuies give birth to qomparatively healthy offspring, but such cases are regarded as excep- tions to the general rule : and it is more than probable that if we fully understood the subject, we should find no exceptions. All our race is to a greater or less degree morally diseased. This disease is comprehended in the simple term self: and it descends from father to child. So well aware is the world of this, that every prudent, thoughtful parent begins in the earliest years of his child to apply the remedies for counteracting the natural evil tendencies of his nature, and educate him into the love and practice of virtue, and the avoidance of vice. His first object is to invest his exposed moral nature with armor, both defensive and offensive; so that he may be able to stand unharmed and uncorrupted in the battle of life. Unfor- tunately, many fail in their design ; some from undervaluing its importance, and others from a mistake in the means which they employ ; and others, perhaps, from unfortunate counteracting infiuences, which they cannot control. And not a few parents are themselves so far lost to any just appreciation of the superiority of right over wrong, that the teachings of their own lives are continual practical lessons of vice to their children ; and they are daily oifer- ing them a living sacrifice upon the altar of self-indulgence and vice. But there are thousands of the young, whose parents are removed by death before they have formed a self-reliant character, and learned to resist the enticements of others , or of their own wayward nature. Some of these find pro- tectors who supply their loss, and train them to respect- ability and usefulness. But many others wander forth, as it were, from the very graves of their parents, one or both, unprotected, to become an easy prey to bad examples, and every temptation. fOB jrorivn.E 0FF«y»BBS. 101 Under all the^e circtim3tance»,i« it strange that sornany fall victims to evil paasiona, and become involved in crime ? Who has ever carefnlly and kindlv tatight them fnllr to comprehend the enormity of vice, and the moral beauty of parity of heart and life ? If they were ever told that the wag'e^ of vice h disgrace and woe, the «erpent of tempta- tion whispered, ** it is not so : graiificoivM is happine^ !" and as do many who claim to have come to years of discre- tion, they believed the declaratiori mo^f: in accordance with their inclinations, and were lost. In contemplating the sitnation and future prospect of this larf^e class of the young, the humane and Christian heart regards their depredations upon society of trifling importance compared with the morale and often physical ruin, they are developing for themselves and their aaso- ciates. They differ from the adult criminal, both in the fact that their moral responsibility Is less, and there is a hundred fold more hope, with proper means, of reforming and restoring them to virtue and a useful life. If they have fallen into serious crime, doubtless they should be restrained ; but to punUh them as we do the adult offender, and imprison them together, has been found the moat certain method of making their absolute ruin more certain, and fitting them for a life continuance in the school of vice to which we send them. With the light which the world new has upon this sub- ject, these simple facts need on/y to ]>e suggested to obtain the assent of every candid mind. And the State which now fails to provide the- best means yet discovered for the protection and reclamation of it* youth, is as felse to itself, and its aims, as a social compact, as it is to the claims of humanity in ifs most tender aspects, or to the Christianity which as a people we profess. Probably the same minds which first conceived the idea of Asylums for the Insane, and other unfortunates, com- prehended the thought of the practicability of saving this 102 HOUSE OP CORRECTION equally unfortunate class, by some similar institution. It now seems strange that in this State a Reform School for juvenile offenders was not established at as early a day, or at least nearly so, as was the State Prison ; and the neglect can only be accounted for in the supposition that our early rulers in the State thought more of punishing crime than of preventing it, and more of preventing it by the terrors of the law than by educating its young to virtue ; that they regarded the reformation of any class hopeless ; or if they deemed reform possible, they designed for the first fifteen years to try the experiment upon the most hopeless sub- jects. For fifteen years after the organization of the State gov- ernment of Michigan, the State Prison was considered the proper place for all offenders against the law, of all ages, from the stripling of eleven years, to the man of gray hairs. For fifteen years, the attention' of the public or the Legislature was never called to the subject by any report from the officers of the State Prison, or any Governor's message. The State Prison Inspectors in their report for 1851, speak as follows : " There are among the convicts five or six^boys, one of whom is only eleven years of age; and the records of the institution show that others have been brought into it at that tender age. Tlie propriety of this is indeed ques- tionable. What can be expected of a child whose nursery has been the State Prison? If he be naturally wayward, the contamination with the hardened villains with whom he is associated is fatal. He ia sent out of Prison^with the brand of disgrace upon him, and suspicion lurking contin- ually at his heels. The probability is, that he has no friends, and being shunned by all good influences, he necessarily leads a life of crime. For such youthful offenders there should certainly be some milder, or at least less disgraceful FOR JUVENILE OFFENDERS. 103 and withering punishment provided. The subject is com- mended to the consideration of the Legislature." This is believed to be the first ofScial notice taken of the subject in this State. By sad observation, the Inspectors of the State Prison were made sensible of the importance of the subject, as above expressed ; and in their next report, the same language is repeated to the Legislature of 1853. Governor McClelland, in his message to the same body, says : " Many boys of a tender age have been sent to Prison, It is no fit place for them. A milder and less infamous punishment should be provided. A House of Correction, conducted as some of them are in older States, would be more suitable, and its moral influences more salutary." The attention of the Legislature of 1853 being thus officially called to the subject, it came before that body, and somewhat singular action was taken upon it. Prob- ably few persons are aware that in the Session Laws of 1853, is an act with the following title : '• An Act to provide for the erection of a Prison for the pi(rpose of solitary confinement, and a House of Correc- tion FOR Juvenile Offenders, and raaJcing an appropria- tion therefor." An act with this title passed both Houses, and was signed by the Governor. It appropriated $5,000 for a Prison for solitary confinement of murderers, but contained not the most remote allusion to a House of Correction except in the title, and of course, made no provision for it. Had it made such provision, the entire act would have been void, as the Constitution declares that " No law shad embrace mov: tha;i onj. oljeci, whiv^u sbnli be emoraced m its title." The " title" is thus left free to embrace any number of objects that may be desired. By reference to the journals of the Legislature, the his- tory of this bill appears to be as follows: A bill was before the Senate, entitled " A hill to provide for the eree- 104 HOUSE OF CORRECTION tion of a Prison for tJie imrposes of solitary confinement,'^ In the course of its passage, it was amended so as to em- brace the other object, and thus passed the Senate, by a vote of nineteen to twelve. In the House, the provision for the House of Correction was stricken out, but without altering the title ; and on the return of the bill to the Senate, that body unanimously concurred in the amend- ment, and thus the one body with two heads found its place among the laws. In 1854, the Chaplain of the State Prison recommended to the Inspectors, that there being no proper House of Correction for the boys, they should spend one hour in each day in study. Governor Parsons, in his retiring message to the Legis- lature, in 1855, said: " I believe it to be the duty of the Legislature to estab- lish a House of Correction for Juvenile Offenders." In this opinion Governor Bingham fully concurred, as will be seen by the following extract from his message to the same body : ^' The presence of several boys and youth among the more hardened criminals in the State Prison, induces me to urge upon your attention the propriety of establishing a House of Correction, where a milder course of treatment, more especiall}'' adapted to their reformation, can be em- ployed. The State has not performed its duty to these unfortunate victims of ignorance and temptation, until it jias made provision by a proper system of discipline, for their instruction, in useful knowledge, morals and piety — taught them some mechanical trade, or other proper em- ployment, and prepared them upon their release from confinement, to become good citizens and useful members of society, as they return to its duties and privileges." To these humane sentiments, the Legislature cordially responded, and appropriated twenty-five thousand dollars to establish a " House of Correction for Juvenile Offenders,^' FOR JUVENILE OFFENDERS. 105 to which all persons nnder fifteen years of age committing a Prison offence should be sent, together with such of those as were from fifteen to twenty years of age, as the Court before which they were tried should think fit. The bill passed the Senate by a vote of tiuenty-six to tioo; and the House, by a vote of fifty-eight to five. Such unanimity is rare in the appropriation of large sums for a new enter- prise. The site selected consists of thirt}^ acres of high land on the eastern border of the village of Lansing, which it over- looks for a distance of about two miles along the G-rand River. The main building and north wing were at once commenced, and the institution was ready for the recep- tion of scholars on the second of September, 1856. The main building is 48 by 55 feet, and the wing 91 by 35 feet, the whole four stories high, and covering 5,930 square feet of ground. The plan is in good style, but comparatively plain, with no extravagant expense incurred for show\ When the corresponding south wing shall be erected, as it ought soon to be, it will be quite an imposing edifice, beautifully situated, showing a front of 236 feet. The present edifice contains a chapel, with seats for 400 per- sons : rooms for the accommodation of two familes ; office, kitchen, dining-room, bathing-room, sitting-room, hospital, tailor's shop, a school room, vrith seats for 80 scholars, and other necessary rooms, together with dormitories for 76 boys, each boy occupying a room. The " yard" is inclosed by a high board fence, and comprises nearly two acres of land. In this yard is a brick shop, 25 by 60 feet, one story high, and another, also of brick, 25 by 50 feet, and two stories high, with an engine room attached. The entire expense to the State up to Dec. 1st, 1857, (the date of the latest reports,) was $46,701 45. This includes all the cost of grounds, (a large portion of which was donated by the citizens of Lansing,) buildings, super- 14 106 HOUSE OF COEKECTION inteDdence, salaries of officers, and everything to put the institution in operation, and pay the current expenses for fifteen months after being opened. It is estimated from the expenditures of the past year, that the annual current expsEse with the present number, 53, will be about $6,000. The boys will earn from $500 to $1,000. In 1857 the law was so amended that all delinquents not over sixteen years of age shall be sent to the House of Correction — nominally till they are twenty-one, but the Board of Control have power to dismiss them whenever in their discretion their reformation will warrant them in so doing, and such action promises their highest good. The happy influence which this must have upon the boys, in stimulating them to establish a good character, is apparent. If they are without friends, to throw around them their aid and protection, or for other reasons, the Board of Con- trol may apprentice them to some trade or occupation, as they think best. The number now in the institution (October, 1858) is fifty-four. The whole number admitted since it was opened, two years ago, is seventy-three. Of this entire number, nine only had never been in jail for previous olfences. Thirty-three had been in jail once ; thirteen, twice ; seven, thrice ; seven, five times ; one, six times ; one, nine times ; and one, ten times ! Nearly all were sent for larceny. But fourteen were over fifteen years of age, and but one under ten years. The age of one was nine years. Such is the material which this institution designs to reform, and send forth into the world to become good citizens. That in some cases it will fail, is to be expected ; but that in many others it will meet with the happiest success, reason, no less than the history of older Eeform Schools, gives a sure promise. The history of these seventy-three youth — but three of whom were girls — leads us to regard their misfortunes in FOR JUVENILE OFFENDERS. 107 quite as striking a light as we do their crimes. Less than half of the number have both parents living ; and of those whose parents are living, those of four had separated. Less than half are of American birth. The fact that all, save four or five, were sent for larceny, indicates that they were^ led into crime, to a very great extent, through pov- erty. Most of the number were convicted of crimes which would have consigned an adult to the State Prison. Yet it is probable that not one-eighth of these delinquents would have been thus sentenced had there been no House of Correction to receive them. 'They would still have been sent to jail, from time to time, till increased deprav- ity and greater age fitted them for that College of crime where they would ultimately have graduated with sad honor, unless as they grew wicked, they should become crafty enough to escape the grasp of the lav>\ But look at their prospect now. They have a home, ervay from the evil examples and influences that, like an armed host, have invested them hitherto. In the place of idleness, they find industry ; in the place of want, plenty.. Indeed, a greater contrast than really exists between their former woes and their present comforts, cannot well be imagined. On entering the institution, their daguerreo- types are taken, their history ascertained, and briefly recorded. The fact is explained to them that they are not sentenced from a vindictive spirit of vengeance, that would torment them for their past crimes, but mainly for their highest good — to save them from ruii^, and enable them to become respectable men ; and that they will be dismissed as soon as, from their improvement, their truest friends deem compatible with their highest welfare. Every in- ducement that can be devised is set before them, to stim- ulate to virtuous thought and action. It is the design not to treat them in a mass, but each individual is made a special object of solicitude — his disposition studied, and in view of his particular case, such remedial influences 108 HOUSE OF CORRECTION applied as give the highest promise of success. To do otherwise, the institution would greatly fail in its aim of restoring its patients. The physician might almost as well go through the wards of a hospital and give the same med- icine to its sufferers, as to expect to accomplish the highest good with fifty wayward bo3^s by dealing with them all alike, and in the mass. In many respects, their treatment must of course be uniform ; but it may not be forgotten, they are to be reformed as individuals. It is believed that the officers in charge realize the importance of this con- sideration. On entering the institution, each boy commences in class " 6," which figure, in German silver, is worn on the breast upon the Sabbath and holidays. At the end of a month, if his conduct justifies it, he is promoted to class '■'■ 5," and the figure changed. At the close of another month, he is promoted to " 4," or remains stationary, or is setback, according to his conduct. Thus he~goes on from month to month, till he reaches number "1." Nest comes the star, (-) the degree of honor ; and high are the aspira- tions of many of the number to gain this token of their character, and the confidence of their teachers. Some of the boys are often sent into the village upon errands, or otherwise trusted, and never yet has the Superintendent found his confidence betrayed. They are not locked into " cells" to sleep. Their dormi- tories are single, and large enough for comfort, with a window, and open into a spacious hall, two, and part of the way, three stories high, with tastefully constructed galleries. They have a better bedstead and bed than are the lot of half the boys in our land. The doors, it is true, are locked at night, but they appear like light lattice work, and are painted green. They are allowed to adorn their rooms according to their taste, and not a few are ornamented with pictures. FOR JUVENILE OFFENDERS. 109 They rise at 5 to 6i oclock, according to the season, and breakfast at 6 i to 7 o'clock. From 7 till nine they are in school, where they are taught the branches usually pursued in the Primary School. In their education, the development of their moral faculties, and an inculcation of their responsibilities as beings destined to an endless existence, are kept constantly in view. From 9 till 12, the time is devoted to labor. Then comes dinner. And here is a scene well worth a journey from any part of the State to behold. Cold indeed, must be the heart which can witness it without emotion ! One forgets to mourn over their " imprisonment," and rather finds the eye moistening at the thought of their future hopes, in contrast with the inevitable ruin from which they have been rescued. They march around the long table, and take their places in perfect order, and most of them with cheerful countenances. At a signal they are seated ; an- other, and fifty heads are bowed, and fifty voices rise in unison to their Creator in a short, appropriate prayer. The meal is eaten in silence, and with a decorum that would put many a fashionable hotel dinner party to the blush. All their meals are taken in the same manner. From one o'clock to four, the time is again devoted to labor. From four to five o'clock, the hour is for recreation and supper, when they return to the school-room, where they study till eight, and retire for the night, after a short recess. This system gives them six hours per day for labor, Jive in school, and two and a half to four for recrea- tion. The institution has a library of about 175 volumes, from which the boys draw books every Saturday. They have also a common room where they can go when not other- wise engaged, to sit, or read the papers of the day, and learn what is going on in the world. In the State Prison, it is deemed the best policy, as far as possible, to exclude from the prisoners, all knoAvledge of what is pass- 110 HOUSE OF CORRECTION ing outside of their walls. But here it is evidently wise to keep the boys informed of what is passing in the busy world upon which it is hoped they will ere long enter, to be good citizens and virtuous men. To keep them igno- rant of the world, would be a poor method of fitting them for its duties and trials. They are encouraged to keep up a correspondence with their friends: and can write monthly without expense to themselves or friends, and oftener if they wish, by providing for their own postage. On the Sabbath morning, they thoroughly wash them- selves in a large bathing tank, and the day is spent m reading, religious instruction, Sabbath-School teaching, singing, &c., under the direction of the Chaplain, Teache?, and others. They appear to be under no more restraini than are the pupils of a well conducted boarding-school. Much has been said and written upon the reformation of criminals. But whatever may be thought of the possibil- ity of reforming adults, it is a sad fact, that for every on© who is reformed, either in heart, or only in his conduct, many are made more desperate in wickedness, by im- prisonment. And in those cases where the reform is gen- uine, what infinite loss has the man still sustained ? Like him who recovers from the small-pox, to go through life with the scars upon his face, so he is saved, but with those fearful scars upon his character, which time can nev- er efface. But with the young delinquent, there is hope. The disease with him, is not yet as deap seated; his recn- perative powers are greater; and his past moral injuries, if not entirely obliterated, may be measurably so. The design of the House of Correction is the salvation of the young from ruin. It is not to create a revenue to the State Treasury. No school was ever organized for that purpose, though the wealth, as well as the happiness of the State is vastly augmented by the knowledge and virtue of its citizens. Yet it is designed to train these boys to habits of industry, and teach them^the practice of useful FOR JUVENILE OFFENDERS. Ill labor. In 1857 a portion of them were contracted at twelve and a half cents per day of seven hours, for making boots and shoes ; in which business however, the contract- ors did not succeed. A contract has been recently entered into, with Messrs. Woodhouse. Butler & Co., for tM^enty to forty boys, for five years, at eight cents per day of six hours, in manufacturing chairs : to be instructed, so that they may be able to obtain a livelihood at the business, when they go out into the world, dependent upon them- selves. This looks like a small price, but considering their age and inexperience, and the fact, that six hours consti- tutes a day, that the more competent and faithful they are, the sooner the contractors will lose their services by their dismissal — their places to be continually supplied by inex- perienced hands — it is believed to be as high a price com- paratively, as is paid by contractors in the State Prison. Pew of the blessings of life, either moral or physical, are obtained without labor and expense. The poor we have always with us ; and one of the highest duties of a State, is to protect its poor and unfortunate, and to educate its youth. But Schools and Asylums are not expected to be sources of revenue. The House of Correction is both a School and an Asylum. A School, in which these boys, — equal in native intellect, to boys in ^-eneral, — are given a good Common School education, and taught some useful occupation ; an Asylum, where the unprotected orphan, and the boy doubly orphaned in a besotted or depraved parent, may find a refuge from the ten thousand lures set by his poverty or by bad men, to entrap his unwary feet. Perhaps there are men who cannot appreciate this ; but there are hoys who can. During the brief period since the institution was opened, several homeless lads have pre- sented themselves at its door, begging admission to its pro- tection. Unfortunately they could not be received, under the law as it now stands. All the worthy Superin- 112 HOUSE OP CORRECTION teudeiit could do. was to interest himself unofficially, to ob- tain them a home. It is to be hoped that the next Legis- lature will make provision for this class of orphans, who wish even at the cost of personal freedom, to escape the ruin that overtakes so many of their class. A few months since, an orphan boj stole a horse from the most public street in Lansing, in broad day, on purpose, as he stated, to be arrested and sent to the protection of the House of Correction! Shall such an institution be decried because it is at- tended with expense ? Then abandon, for the same reason, our other Asylums. Xay. let us pay out money for noth- ing that does not bring a money return, with interest I Abolish all our Schools and Churches ; let all our public and private charities cease ; let us pay no more taxes for the support of the Government, or for building Court Houses. Jails, or other local public buildings, or for roads and bridges : let us invest all our money where it Avill promise us a direct money profit in return ! "Who is so poor a phf- losopher as not to see that such economy would most signally defeat its own end, and that we should speedily sink to a nation of barbarians, where there would be no security for property, and every man's hand would be against his neighbor, and his neighbor's against him ? Who doubts that such a withholding would tend to pov- erty ? But what is the burden of expense which we must bear to support this institution. To complete the south wing of the building, and fit the whole for the accommodation of one hundred and fifty inmates, with shops and all ne- cessary appurtenances, will require, from the commence- ment of the enterprise, not more than §65,000. This is a permanent investment, and will amount to not over one- third OF A MILL upon [the dollar of the property in the State ! The current annual expenses, with 175 inmates. FOE JUVENILE 0FPBNDEE8. 118 whioli it ought to provide for, will not exceed $10,000 ; and this amounts to not over one mill on every eighteen dollars of property in the State 1 ^ome of these very boys may yet be in positions to to render our children the same protection we now extend to them. The wheel of life in society revolves; let us see to it now, that the wretched appeal to us not in vain, as we may hope for succor for our ourselves, or our pos- terity, Avhen the wave of misfortune rolls over us or them. 15 ASYLUM FOR THE DEAF AND DUMB, AND THE BLIND. Article Thirteen of the Constitution of the State of Mich- igan is entitled "Education." Section ten of this Article, reads as follows : "Institutions for the benefit of those persons who are Deaf, Dumb, Blind or Insane, shall always be fostered and supported." The Asylum for the Insane perhaps cannot strictly be called an educational institution ; yet it is so in this impor- tant sense : Its design is to restore wandering Reason to its dominion in the Mind. As a hospital, it deals with physical disease, which is the cause of the loss of reason ; but that very disease is often the result solely of the mind's action upon the brain, and probably in all cases aggrava- ted by it ; and the restorative means are quite as much of an intellectual, as of a physical character. There is there- fore, evidently no impropriety in classing the Asylum for the Insane, as is done by the Constitution, among the edu- cational institutions of the ^tate. But the institution for the Deaf and Dumb, and the Blind, though popularly styled an Asylum — " a place of re- ^treat, or security" — is strictly a School, according to the popular usage of that term. It is a School for the intel- lectual development of a class physically unable to receive the benefits of the Primary School. It is the boast of our institutions, that all classes shall have the means of educ£^- iion. Here are large numbers who, of all classes, need an education the most. They are to a great extent, deprived 116 ASYLUM FOR THE of the ordinaiy means of improvement from observatioa and daily intercourse with tlie world, and are thus robbed, not only of their mental, but likewise of their physical re- sources. In this sad state, unable by their pec^iliar mis- fortune, to avail themselves of the ordinary means of an education, they may justly claim that the obligations of the Social Compact impose upon the State increased responsi- bilities to provide such other means as are within its power, for the improvement of those powers of mind that lie un- developed in the midnight of blindness, or in the living death of perpetual silence. The State Census of 1854 gives us the information that there were at that time one hundred and seventy-sis blind, and tvv^o hundred and six deaf and dumb persons in Mich- igan — in all, three hundred and eighty- two. • Since that time, the population of the State has increased nearly fifty per cent.* Allowing a proportional increase to these classes, we have at the present time, nearl}^ six hmdredj who must have aid from the State, or go down to the dark grave, scarcely darker than the mental and moral entomb- ment in VN^hich they live and die ! It were a great thing for a State to speak into being six hundred souls, and clothe them with knowledge and joy ! It were a more glorious deed could it raise that number from the dead, and give them back, with renewed life and youth, to their rejoicing friends I It can do neither liter- ally ; but figuratively, it cati accomplish both. It can restore those who exist, but can hardly be said to live ; it can perform the miracle of making the sense of feeling see, and the sense of sight hear ! It can call to the soul, im- prisoned in its temple of darkness, chained like a body of death to the charity of friends, and bid it to go forth dis- enthralled, to be a joy to itselt and its kindred. By giving * The actual incrt-ase is probably not so great as this ; but the increase upon the number reported by the census of 1S54 doubtless is. That census was notoriously defective. Yet it gave a popuVition of 509,374 To this, add fifty per cent, and it gives 764,061 — which eannot much exceed the present population of the State. DIAF ASD THE BLIND. 117 to {he Deaf and Blind a substitute for their absent senses, we create them anew to the world and its enjoyments, and develope a new world to them. "We open the darkened chambers of the soul to the light of moral and spiritual truth, and furnish appropriate aliment for the sonF^ im- mortal yearnings. To be born deaf a hundred years* ago, was to come into the world apparently more like an unfortunate animal thaB like an offspring of humanity, and with hardly an ani- mal's prospect for enjoyment in life. To be born blind' was to open the eyes upon rayless darkness — only con- scious, like Tantalus, that just beyond the reach, were- innumerable fruits never to be obtained. But the Genius of Invention in these last days, fes not expended all its power upon dead matter, though it has fpell nigh imbued that with life and thought. Its most glorious experiments have been successfully mi pulley near its top, is always entirely concealed. The panes of glass are six by nine inches in size. The windows, where deemed desirable, are protected by a shutter of framed wicker-work, sliding into the wall, and retained there, as also in its position, by one and the same lock. Floobing. — The floors in all uncarpeted rooms are formed of one and one-half inch oak plank, grooved and tongued, and none of them being more than three and one-half inches in width. The sleepers and the iron girders supporting the arches rest upon an offset in the wall, which, when fin- ished, also forms the cornice in the room below. Peovision against Fire. — The horrible sacrifice of hu- man life on the occasion of the burning of an institution for the insane in one of the Eastern States, and the peculiar liability of these buildings to take fire, as shown by the frequent occurrence of such accidents, determined the Board of Trustees, although it would somewhat increase 150 ASYLUM FOR the price of construction, to make the Asylum fire-proof. The more recent partial destruction by fire of another in- stitution has confirmed the wisdom of this decision. The use of iron girders and brick arches as support for the floors, was consequently determined upon, and to secure additional safety, all connection between the wing and the centre building is entirely cut off by the interposition of a verandah of iron and glass, with communication from one to the other only through iron doors. The location of the heating apparatus and the kitchen in detached buildings under the institution, quite exempt them from danger of destruction by fire. Chapel. — A separate building immediately in the rear of the centre building, seventy by forty feet in size, con- tains upon its first floor a room for Chapel purposes, capa- ble of seating three hundred and eighty persons. It com- municates with the different wards by means of covered corridors, is appropriately fitted up, properly warmed, and lighted with gas. Kitchen. — One central kitchen is intended to supply the whole institution. It is placed immediately beneath the Chapel room, with store-rooms near at hand, and commu- nicates with the dumb-waiters 'of the different dining-rooms, by means of a small car moving upon a covered railway. The building containing the Chapel room and kitchen is surmounted by a bell and clock tower. "Warming and Yentilation. — It is now admitted as a principle that the warming and ventilation of buildings corresponding in size and purpose with institutions for the insane, should be efi"ected by one and the same process ; and also, that means should be adopted for expelling the foul air to the same extent and simultaneously with the admission of fresh. The fact is also established, and in many Asylums has been confirmed by a costly experience, that the ordinary system of making the ventilation depend THE INSANE. 151 upon the spontaneous action of "svarm air currents, has failed to give satisfactory results. A perfect and equable distri- bution of fresh air, either warm or cold, or the necessary rapidity in the discharge of foul air, under all circumstan- ces and iji all seasons, can be secured only by a system of forced ventilation. This is found to be most efficiently and economically effected by means of a fan driven by a steam engine ; effectual, because at all times under perfect con- trol, and economical, because the warm air is more thor- oughly and rapidly distributed. The primary cost is not great ; it is not liable to get out of order, and the motive power is that required for other purposes. The system decided upon is a modification of that in use at the New York State Lunatic Asylum, the efficiency of which is shown by the fact that in ten similar institutions in other States it has since been adopted, in place of fur- naces and other means of heating and ventilation already in operation. It consists of boilers, an engine, a fan, heat- ing surface, and distributing-ducts and inlet-flues, with exit- flues, foul-air ducts, and ventilating cupolas. The boilers are four in number ; these, with the engine and fan, (the latter peculiar, from the circumstance of its delivering the air in the direction of its axis,) are all in a separate and de- tached building. The air, after its delivery from the fan, passes directly forward beneath the chapel. The main duct conveying it gives off a small branch to the chapel, and another to the centre building. It then branches toward either wing, and another sub-division is made, one portion passing beneath the first longitudinal wing, and the other, entering the proximal end of the second wing, passes on to the end of the extreme wing. The air-passage beneath the building occupies the centre of the middle portion of the basement, or rather, the space immediately, beneath the floors of the corridors, and the distributing flues pass up in the Avails upon either side of them. The heating surface consisting of a series of wrought iron pipe, one inch in di- 152 ASYLUM FOR ameter, is placed in narrow chambers on either side of the air-chamber. Exit-flues are carried up in the same walls, taking their departure from two points, one near the ceil- ing, and the other near the floor of the rooms on either side. These again conjoin in the attics to form the foul-air ducts, and empty out into the open air through the venti- lating cupolas. Downward currents of air, for the venti- lation of the water-closets, will be secured in the usual manner. This very important department has been in- trusted to Joseph Nason, Esq., of New York City. Water. — Water is forced up to the institution through a cast-iron pipe three inches in diamater, from a stream flow- ing in the valley immediately in the rear of the building. Cost. — It is estimated, and the experience thus far ac- quired in the progress of construction has shown the esti- mate to be a liberal one, that the entire cost of the insti- tution, with all necessary out-buildings, farm implements, farm stock, fences, gas-fixtures and pipes, a complete sys- tem of drainage and sewerage, warming and ventilating, and furnished throughout, ready for the occupation of two hundred and eighty-eight patients, will be about three hundred and thirty thousand dollars. Of the sum thus stated as the entire cost of the estab- lishment, the amount properly belonging to the eost of erec- tim would be $270,000. For the purpose of comparing this with the cost of sim- lar institutions in other States, the following table is sub- joined : Name of Asjlom. Land. State Lunatic Asylum, Utica, New York, |130 acres. Maryland Hospital, Baltimore, ..,,.,. 13 '* McLean Asylum ,Somerv"ille, Massachusetts, i 32 " Pennsylvania Hospital, Philadelphia,, Friends" Asylum, Frankfort, Pa... State liunatic Asylum, Trenton, New Jereej,. Maine Hospital for the Insane, Mt. Hope Institution, Baltimore, Maxyland,.. Butler Hospital, Providence, R. 1, State Lunatic Asylum, Taunton, Mass., 113 62 100 116 18 U5 lao OaiWMjltf. Cost. 440 patients. 130 " 200 " 330 '* 60 " 2S0 " 178 " 120 <^ 140 " 2W ^' $517,400 GO 213,600 00 321 ',000 00 330,000 00 85,598 00 250,000 00 150,712 00 100,000 00 116,000 Oo 250,000 00 Experience in the erection of Asylums for the Insane, THE INSANE. 153 both in this country and elsewhere, has shown that the average cost of such institutions is about one thousand dol- lars for each patient accommodated ; though in several of the larger Asylums in the United States, it has been much greater. In the Michigan Asylum, it will be observed that the cost has not exceeded this average. Reviewing the architectural details of the building, and its general arrangement, and recollecting that the amount of- cubic space allotted to each patient, is about one- third more than usual ; that the number accommodated in single, instead of associated dormitories, is proportionably greater, (being 214 of the whole number ;) also, that the estimate includes the erection of a well arranged infirmary for each sex, external to the walls, (a very important feature, pecu- liar to this institution, though common to all recently erected Asylums in England,) it will be observed that the plan is most complete, and embraces all the modern im- provements. * •The following is an extract from a recent article in the editorial department of the "Peninsular and Indepen- dent Medical Joubnal," published at Detroit. " That our readers may know how our State Asylum is regarded by those who have studied its construction, on the other side of the Atlantic, we subjoin the following ex- tract from the Dublin Medical Quarterly : " ' Great good sense was shown respecting the Michigan Asylum, at the commencement, by the appointment of an experienced Medical Superintendent. This was done with the view of the building being erected so far under his su- pervision as to secure his approbation when finished, than which nothing could have been more judicious. And an- other and equally wise course was carried out, that of taking as a basis of action the principles embodied in the series of propositions adopted by the Assoc, of Med. Superinten- dents of American Institutions for the Insane ; which we 20 154 ASYLUM FOR THE INSANE. considered sufficiently important and practical at the time of their publication, to transcribe in extenso into our Annual Review on Insanity in 1851. We wisli our authorities at home would take a lesson from our far-seeing trans-Atlan- tic brethren, in such matters, "'In the appropriation of the wards, we find that the greater portion of accommodation consists in single rooms, there being as many as two hundred and forty, leaving but forty-eight to be located in dormitories. This is in the op- posite degree to what prevails in these countries, the Asy- lums in which, we consider, are entirely too much limited in single rooms, and too abundant in dormitories. But this is done for economy, which is an injurious and mistaken one of its kind, and but ill calculated to promote either the recovery or comfort of the patients. " * Altogether, this Asylum will be, from all appearances, most complete in its several arrangements — in fact, will be a model one for the New as well as the Old "World !' "It will be seen by this extract that Michigan not only excels in her educational institutions, but that her Insane Asylum is an acknowledged model, not only for the New but the Old World." OFFICERS. Charles T. Gorham, Esq., President of Board of Trustees. I. P. Woodbury, Esq., Secretary of Board of Trustees. Henry Montague, Esq., Acting Commissioner. ■ B. H. Yan Deusen, M. D., Medical Superintendent. i=» .A. n. "3? XX. Constitutional Provisions relating to Education; Duties of Superintendent of Public Instruction; Laws relating to Primary Schools: Provisions for Libraries and Lyceums; Teachers' Associations and Teachers' Institutes; The State Normal School; The University of Michigan; Agricultural College op Michigan: Incorporated Institutions of Learning; Instructions for conducting Proceedings under the Primary School Laws. PROVISIONS OF THE CONSTITUTION RELATIVE TO EDUCATION. Article Thirteen of the Coustitutiou of Michigan, under the head " Education," makes the following provisions : Section 1. The Superintendent of Public Instruction supenntcn- ^ dent. shall have the general supervision of public instruction, and his duties shall be prescribed by law. Sec. 2. The proceeds from the sales' of all lands that ^'=1'^°' ^und have been or hereafter may be granted by the United States to the State, for educational purposes, and the pro- ceeds of all lands or other property given by individuals, or appropriated by the State for like purposes, shall be and remain a perpetual fund, the interest and income of Perpetual. which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annu- ally applied to the specific objects of the original gift, grant or appropriation. Sec. 3. All lands, the titles to which shall fail from a de- Escheats.- feet of heirs, shall escheat to the State ; and the interest on the clear proceeds from the sales thereof, shall be ap- propriated exclusively to the support of Primary Schools. Sec. 4. The Legislature shall, within five years from the Free schools adoption of this Constitution, provide for and establish a system of Primary Schools, whereby a School shall be kept without charge for tuition, at least three months in each year, in every School District in the State; and all instruction in said Schools shall be conducted in the Eng- lish language, (i) (1) The Legislature has not, as yet. fully complied with the requirements of this Section. 158 ■ OONSTITUTiONAL PROVISIONS Dist. schools Sec. 5. A School shall be maintained in each School Dis- trict at least three months in each year. Any School Dis- Penaity. trict neglecting to maintain such School, shall be deprived for the ensuing year of its proportion of the income of the Primar}^ School Fund, and of all funds arising from taxes for the support of Schools. Election of Sec. 6. There ghall be elected in each iudicial circuit, Regents of . University. Q^f^ -j^jjg ^j^q ^f -j^j^g eloction of tho Judge of such circuit, a Regent of the University, whose term of office shall be the same as that of such Judge. The Regents thus elected shall constitute the Board of Regents of the University of Michigan. Regents a Soc. 7. The Res'ents of the University, and their suc- body corpo- " rate. cossors in office, shall continue to constitute the body cor- porate, known by the name and title of " The Regents of the University of Michigan." Reg'ts elect Sec. 8. The Regents of the University shall, at their President of , ip ii^ University, first amiual meetnig, or as soon thereafter as may be, elect a President of the University, who shall be ex-o^cio a mem- ber of their board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the Re- gents, and be the principal executive officer of the Uni- Supervison. vorsity. The Board of Regents shall have the general supervision of the University, and the direction and con- trol of all expenditures from the University Interest Pund, state Board Sec. 9. There shall be elected at the general election in the year one thousand eight hundred and fifty-two, three members of a State Board of Education, — one for two years, one for four years, and one for six year« ; and at each suc- ceeding biennial election there, shall be elected one mem- ber of such Board, who shall hold his office for six years. The Superintendent of Public Instruction shall be ex-offtdo a member and Secretary ofc such Board. The Board shall have the general supervision of the State Normal School, and their duties shall be prescribed by law. RELATING TO EDUCATION. 159 Sec. 10. Institutions for the benefit of those iFihabitauts Asjiums. who are deaf, dumb, blind or insane, shall always be fos- tered and supported. Sec. 11. The Leo-islature shall encourage the promotion ^gncuuurai ■=■ . School, .i^, of intellectual, scientific and agricultural improvement; and shall, as soon as practicable, provide for the establish- ment of an Agricultural School. The Legislature may ap- propriate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such School, and may make the same a branch of the Univer- sity, for instruction in agriculture and the natural sciences connected therewith, and place the same under the super- vision of the Regents of the University. (i) Sec. 12. The Legislature shall also provide for tiie es- Township " _ Libraries. tablishment of at least one library in each township ; and all fines assessed and collected in the several counties and townships for any breach of the penal laws, shall be ex- clusively applied to the support of such libraries. 0) The A'^ricultural College, as organireil^iseatirely distinct from the SUte Univsrsity. SUPE-RINTENDBNT OF P U B L-I C INSTRUCTION, By an Act approved April 4th, 1851, (page 708 Com- piled Laws,) the duties of the Superintendent of Public Instruction are thus defined : superinten- Sectiou 1. The Superintendent of Public Instruction dent to have general su-ghall have general supervision of Public Instruction, and pervision of ° J^ ' ftructioS" i^ shall be his duty, among other things, to prepare an- Aimuai Ee-nually and transmit a report to the Governor, to be trans- mitted by him to the Legislature at each biennial session thereof, coniaining : 1. A statement of the condition of the University, and its branches, of all incorporate Literary Institutions, and of the Primary Schools ; 2. Estimates ai,rrd amounts of expenditures of the School money : 3. Plans for the improvement and management of ail educational funds, and for the better organization of the ed- ucational system, if in his opinion the same be required ; 4. The condition of the Normal School ; 5. All such other matters relating to his office, and the subject of Education generally, as he shall deem expedient to communicate. Report to Sec. 2. He shall make all necessary abstracts of the embody ab- ^orte^of In" ^®Po^^s of School luspectors, transmitted to him by the specters, clcrks, and embody so much of the same in his report as may be necessary. Sec, 3. He shall prepare and cause to be printed, with SUPERINTENDENT OF PUBLIC INSTRUCTION. 161 the laws relating to Primary Schools, all necessary forms, to prepare " ^7 jQrms, regu- regulationa and instruments for conducting all proceedings 1?^^^^;^^®^^°' under said laws, and transmit the same with such instruc- °^''*"" tions relative to the organization and government of such Schools, and the course of studies to be pursued therein, as he may deem advisable, to the several officers entrusted with their care and management. Sec. 4. School laws, forms, regulations and instructions school lawg, shall be printed in pamphlet form, with a proper index, to be'print- and shall have also annexed thereto a list of such books as the Superintendent shall think best adapted to the use of the Primary Schools, and a list of books suitable for town- ship libraries, with such rules as he may think proper for the government of such libraries. Sec. 5. He shall annually, on receiving notice from the Apponion- Auditor General of the amounts thereof, apportion the™*''y^^°o' ' rf Fund. income of the Primary School Fund among the several townships and cities of the State, in proportion to the number of scholars in each between the age of four and eighteen years, as the same shall appear by the reports of the several Township Inspectors of Primary Schools, made to him for the year last closed. Sec. 6. He shall prepare annually a statement of theTofumish amount, in the aggregate, payable to each county in the ^^^1"^^' State from the income of the Primary School Fund, and™*"*"/ ""* •/ ' amou't pay- shall deliver the same to the Auditor General, who shall coint^.^'''' thereupon draw his warrant upon the State Treasurer in favor of each county for the amount payable to such county. Sec. 7. He shall also send written notices to the clerks Notice to of the several counties, of the amount in the aggregate, to amount to . 00 o > bediabara- be disbursed in their respective counties, and the amount *'i •" «ach ■*■ county. payable to the townships therein respectively ; which notice shall be disposed of as directed by an act entitled, "An Act to amend Chapter fifty-eight of the Revised 21 162 SUPERINTENDENT OF PUBLIC INSTRUCTION. Statutes of one thousand eight hundred and forty-six," approved March twenty-eight, one thousand eight hundred and fifty.C) Sates of ap- Sec. 8. Whenever the returns from any county, town- portion- ment, how^ sMp or city, upou which a statement of the amount to be Sfts defec- disburssd or paid to any such county, township or city, shall ^'^®" be so far defective as to render it impracticable to ascer- tain the share of public moneys which ought to be disbursed or paid to such county, township or city, he shall ascertain, by the best evidence in his power, the facts upon which the ratio of such apportionment shall depend, and shall make the apportionment accordingly, la wiiat ca- Sec. 9. Whenever, by accident, mistake, or any other cy may be causc, the rotums from any county, township or city, upon apportioned ' j ^ i x ^ x the next ^hich a statement of the amount to be disbursed to anv year. " such county, township or city, shall not contain the whole number of scholars in such county, township or city, be- tween the age of four and eighteen years, and entitled to draw money from said fund, by which any such county, township or city, shall fail to have apportioned to it the amount to which it shall justly be entitled, the Superin- tendent, on receiving satisfactory proof thereof, shall ap- portion such deficiency to such county, township or city, in his next annual apportionment ; and the conditions of this section shall extend to all cases which accrue in the year one thousand eight hundred and fifty. Interest on Soc. 10. Upou all sums paid into the State Treasury Sdueational r s: eZ'^ute^d"^ upon account of the principal of any of the educational and how fu^dg^ except where the provision is or shall be made by law, the Treasurer shall compute interest from the time of such payment, or from the time of the last computation of interest thereon, to the first Monday of April in each and every year, and shall give credit therefor to each and every School fund, as the case may be ; and such interest shall be paid out of the general fund. (1) Section 112, Primary Schools. SUPBBINTENDENT OP PUBLIC INSTRUCTION. 163 Sec. 11. The Superintendent shall, at the expiration of i^upermtea his term of office, deliver over, on demand, to his successor, f^P'i*''™ of ' ' ' ' hiB term to all property, books, documents, maps, records, reports, and gucJeLw all other papers belonging to his office, or which may have ^r^fet^c* been received by him for the use of his office. Sec. 12. Chapter fifty-six of the Revised Statutes of one cefta'V"" * •' ■■ actments thousand eight hundred and forty-six, and an act to amend r ^^ofigie said chapter fifty-six, approved March] twenty-ninth. one?8M%a'8i thousand eight hundred and fifty, are]hereby repealed. PEIMARY SCHOOL LAW, (*) WITH NOTES AND INSTRUCTIONS BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. DISTRICTS. wiennew Section 1. Whenever the Board of School Inspectors of iormld '^ any township shall form a School District therein, it shall a^to^de- ^® the duty of the Clerk of such Board to deliver to a tax- fiver notice ble inhabitant of such District a notice in writing of the «hawtent. formation of such District, describing its boundaries, and specifying the time and place of the first meeting, which notice, with the fact of such delivery, shall be entered upon the record by the Clerk. inhabitant Soc. 2. The Said notice shall also direct such inhabitant to serve no- ^^ notify evory qualified voter of such district, either per- sonally or by leaving a written notice at his place of resi- dence, of the time and place of said meeting, at least five Duty to days before the time appointed therefor ; and it shall be Becto)n*i29. the duty of such inhabitant to notify the qualified voters of said district accordingly. Mt^ *** ^®^- ^' ^^^ ^^^^ inhabitant, when he shall have notified the qualified voters as required in such notice, shall en- dorse thereon a return, showing such notification, with the date or dates thereof, and deliver such notice and return to the Chairman of the meeting, ^te** Tb ^®°' ^* ^^^ ^^^^ Chairman shall deliver such notice and receded. * rotum to the Director chosen at such meeting, who shall record the same at length in a book to be provided by him, at the expense of the District, as a part of the records of such District. {Sections 1-4.) 1. Any taxable inhabitant who shall re- ceive the notice mentioned in sections 1 and 2, and shall refuse or neglect duly to serve such notice, incurs a pen- alty of five dollars. The Chairman of the first meeting, (*) See Compaed Laws, chapter 78. PBIMARY SCHOOL LAW. l(Sf» See. 5. The qualified voters of such, district, when as- Eieotiaa •£ sembled pursuant to such previous notice, and all existing **®'^®"" districts, at their annual meeting in the year one thousand eight hundred and fifty-nine, shall elect from the residents of such districts, a moderator for three years, a director for two years, and an assessor for one year ; and on the expiration of their respective terms of office, the several under the notice, also incurs a like penalty of five dol- lars, for any neglect of the duty prescribed for him by sec- tion 4. 2. The omission to notify one or several persons not known to be residents of the district, will not invalidate the action of the majority of the legal voters in organizing the district. 3. The returns endorsed upon the notice, or attached to it, must show the names of all the persons notified, and the date of each one's notification. 4. The term ''qualified voters," is defined by section 144, passed February, 1855, "to mean and include all taxa- ble persons residing in the district, of the age of twenty-one years, and who have resided therein for the period ot three months next preceding the time of voting." It therefore includes both males and females, citizens and foreigners, without distinction of color, who have the foregoing quali- fications. {Section 5.) This section reads as amended February, 15, 1859. The language is somewhat inaccurate and ob- scure. 1. The qualified voters, having assembled, should organ- ize the meeting by choosing a Chairman and Clerk, and the person holding the notice and" return for the meeting, should deliver the same to the Chairman. 2. The intention of the law, as amended, is that after the first instance, all district officers shall be elected for three years each, and that only one shall be elected each year, except in case of vacancies. Thus when the term of office PBIMARY SCHOOL LAW. school districts shall severally elect the officer whose term of office is then about to expire, for the term of three years, or for the unexpired portion of his term. Within ten days after their election they shall severally file with the di- rector a written acceptance of the offices to which they have been elected, which shall be recorded by the said director. of the first Assessor, which is but one year, shall expire, his successor shall be elected for three years. The first Director's term of office will expire with the second year, when his successor must be elected for three years. 3. Should any district office become vacant before the expiration of the three years, a new officer must be elected to serve out the unexpired term. 4. As the law provides that the annual meeting of each School District shall be held the last Monday of September, the time intervening between the first meeting of a newly organized District, and the last Monday in the following September, must be counted as one year in the terms of office. 5. As the officers elect of a newly organized District, must file their acceptance with the Director, he must ne- cessarily file and record his own acceptance. This case of an officer filing his acceptance with himself will also occur whenever the same Director is elected two terms in suc- cession. In ordinary cases the new Director should file his acceptance with the old Director, he being in fact the Director of the District till superseded by his successor's acceptance. An informality in this respect will not, how- ever, invalidate the election. 6. Section 145, passed in 1855, provides that in case the qualified voters of a newly formed District fail to elect dis- trict officers, the Township Board of School Inspectors shall appoint such officers. 7. A majority of the qualified voters voting is necessary to a valid election of any officer. The theory of our in- PRIMARY SCHOOL LAW. 167 Sec. 6. Every such School District shall be deemed duly when dis- organized, when any two of the officers elected at the first organized. meeting shall have filed their acceptance as aforesaid. Sec. 7. In case the inhabitants of any District shall fail ^^^aBTof"' to organize the same in pursuance of such notice as afore- failure to or- said, the said Clerk shall give a new notice in the manner ^''°'^®' hereinbefore provided, and the same proceedings shall be had thereon as if no previous notice had been delivered. Sec. 8. Every School District organized in pursuance of stitutions is that the majority rule., An election by a^Zw- rcdity vote (a vote in which one candidate has more votes , than any other one, but not a majority of all the votes cast) can only be made valid by a special provision of law, such as provides for our State, county and township elec- tions. The reason for such a provision in the case of those elections, is obvious ; it being better that a less number than a majority of all the votes should decide the question than that the whole town or county should be put to the trouble and expense of a new election. This reason does not exist in the case of a School District, since the voters can easily repeat the voting several times in the same meeting. The Attorney General and several other eminent lawyers oi this State, concur in the opinion that a majority ot all the votes are necessary to a valid election. {Section 6.) Should the officers elected be present and file their acceptances, the District may be considered duly organized ; but it has been held that, as the meeting was called for the sole purpose of organizing, no further busi- ness can be transacted. A special meeting should be called, as provided in Section 12, to transact whatever business may be necessary for the establishment of the School. Persons elected to District offices, and neglecting or re- fusing, without sufficient cause, to file their acceptance or serve in office, forfeit the sum of ten dollars. 168 PRIMARY SCHOOL LAW. S^weTof ^^^^ chapter, or which has been organized and continued Districts, under any previous law of the State or Territory of Michi- gan, shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of " School District Number (such num- ber as shall be designated in the formation thereof by the Inspectors), of ," (the name of the township or townships in which the district is situated), and in that name shall be capable of suing and being sued, and of holding such real and personal estate as is authorized to be purchased by the provisions of this chapter, and of sell- ing the same. I^ector^ Sec. 9. The record made by the Director, as required in fence. ^"' the fourth section of this chapter, shall be lorimafade evi- dence of the facts therein set forth, and of the legality of all proceedings in the organization of the District prior to the first District meeting ; but nothing in this section con- tained shall be so construed as to impair the effect of the record kept by the School Inspectors, as evidence. presumpti'ii Seo, 10, Evcry School District shall, in all cases, be pre- gan?ftionf' sumed to have been^ legally organized, when it shall have exercised the franchises and privileges of a District for the term of two years. DISTBICT MEETINGS. ^^ji.a'-^ Sec. 11. The annual meeting of each School District shall be held on the last Monday of September in each year, and the School year shall commence on that day. {Section 11.) This was erroneously printed ^^ first Mon- day,'' in the Compiled Laws. If the business requires, the qualified voters present may adjourn the annual meeting to some subsequent day, and such adjourned meeting is still to be considered as the annual meeting, and authorized to do whatever is lawful to be done at any annual meeting. A notice of the time and place of the adjourned meeting should be posted by the Director as required for any other meeting ; but a failure, without fraudulent intention, to post such notice, will not render the meeting illegal. There are certain powers belonging to the annual meet- ing, which cannot be exercised by a special meeting. See Section 24. ineetmg PBIMABY SCHOOL LAW. 169 Sec. 12. Special meetings may be called by the District special Board, or by any one of them, on the written request of ™*"^ ""^ any five legal voters of the District, by giving the notice required in the next succeeding section, and in all notices of special meetings the object of the meeting shall be stated. Sec. 13. All notices of annual or special District meet- Noticeof ings, after the first meeting has been held as aforesaid, ■"''''*"*8*'- shall specify the day and hour, and place of meeting, and sliall be given at least six days previous to such meeting, by posting up copies thereof in three of the most public places in the District; and in case of any special meeting called for the purpose of establishing or changing the site of a School-house, such notice shall be given at least ten days previous thereto. Sec. 14. No district meeting shall be deemed illegal for whea moet- want of due notice, unless it shall appear that the omission g^\fyf^^lt to give such notice was willful and fraudulent. °f '*°*'*^^- Sec. 15. Every white male inhabitant of the age of twen- who enti- ty-one years, residing in the District and liable to pay a ^ °^*' School District tax therein, shall be entitled to vote at any District meeting. {Section 12.) No object can be properly brought before a special meeting for its action thereon, which was not mentioned in the notice. The notice of the meeting should embrace the objects mentioned in the written request of the legal voters. {Sections 13 and 14.) This " want of due notice" must not be construed to legalize a special meeting held without any notice. As the law itself appoints the time of the annual meeting, the qualified voters may assemble at the usual place and time and transact the ordinary business of the annual meeting, even though no other notice has been given of such meeting ; but it would be safer to adjourn the meeting to some subsequent time, and to transact no business of importance whenever it may be suspected that the omission to give notice was willful and fraudulent. {Sections 15, 16 and 17.) This description of a qualified voter is materially changed by section 144. See note 4 on 170 PEIMAEY SCHOOL LAW. ohauenges Sec. 16. If any person offering to vote at a School Dis- ^Mkfg'^o trict meeting shall be challenged as unqualified, by any vote; legal voter in such District, the chairman presiding at such meeting shall declare to the person challenged the qualifi- cations of a voter, and if such person shall state that he is qualified, and the challenge shall not be withdrawn, the said chairman shall tender to him an oath in substance as Oath. follows : " You do swear (or affirm) that you are twenty-one years of age, that you are an actual resident of this School District, and liable to pay a School District tax therein ;" and every person taking such oath, shall be permitted to vote on all questions proposed at such meeting. fo^'blTelm- ^^^' •^'^' ^^ ^^y person so challenged shall refuse to take ed perjury, such oath, his vote shall be rejected, and any person who shall wilfully take a false oath, or make a false affirmation under the provisions of the preceding section, shall be deemed guilty of perjury. When chai- Sec. 18. Whou any question is taken in any other man be° m^e^in I!©!" than by ballot, a challenge immediately after the vote certain ca- j^^s been taken, shall be deemed to be made when offering to vote, and treated in the same manner. Powers of gee. 19. The qualified voters in such School District when lawfully assembled, shall have power to adjourn from time to time, as may be necessary ; to designate a site for a School-house, by a vote of two-thirds of those present, and to change the same by a similar vote at any regular meeting. Sec. 20. When no site can be established by such inhab- itants as aforesaid, the School Inspectors of the township sections 1-4. The oath must be modified, accordingly, by adding the words: "and that you have resided therein for the last three months." 2. When any vote is received on the oath or affirmation of the voter, the name of such voter, together with a state- ment of his having sworn or affirmed his right to vote, should be entered in the record of the meeting. {Sections 19 and 20.) 1. The site should be designated by its boundaries ; or, if this is impracticable, by general description ; and the quantity of land should be agreed upon. At least an acre of ground should, if practicable^ be procured for this purpose, and the location should, as PEIMAET SCHOOL LAW. 171 or townships in which the district is situated shall deter- when in- mine where such site shall be, and their determination aetermLe shall be certified to the Director of the District, and shall ^'^^J'q^i be final, subject to alteration afterwards by the Inspectors House, only, if necessary. Sec. 21. The said qualified voters shall also have power Qualified vo. at any such meeting to direct the purchasing or leasing of rictpr^ an appropriate site, and the building, hiring, or purchasing <=^^siiigof we value the health and lives of our children, be elevated and dry. 2. When the inhabitants cannot agree upon a site, the Director should immediately notify the Inspectors of the fact. 3. It is provided by Section 152, passed in 1855, that in case of Districts having more than 300 children, when two-thirds of the voters cannot agree upon a site, a ma- jority of the voters present may instruct the District Board to locate such site. {Section 21.) 1. For limitations of power to lease sites and build School-house, see section 59. 2. This section reads as amended in 1855. It provides three distinct methods of raising fuel for the Schools ; — Ist. By apportionment to persons having scholars to send to School, of the amount of wood to be delivered by each at the School-house. 2d. By assessing to such persons, on rate bill, money suflScient to purchase a supply of fuel ; and 3d. By raising by tax on the taxable property of the District, a sum necessary for this purpose. The voters should determine by vote which of these methods shall be adopted. Much evil has heretofore been experienced from the scanty and irregular supply of wood, the school not unfrequently being dismissed for days on account of the neglect of some one whose turn it is to furnish fuel. The school is often moreover made uncomfortable, and seriously impaired in its usefulness, by the poor and unfit character PRIMARY SCHOOL LAW. of a School-house, and the amount of fuel to be furnished, and the time and mode of furnishing it for the succeeding year ; whether by apportionment to persons having schol- ars to send to such School, in wood, to be delivered at the School-house, or in money, to be assessed on a rate bill, or by a tax on the property of the District, and to impose such tax as may be sufficient for the payment thereof, subject to the limitation contained in the succeeding sec- tion. of the fuel furnished, half of the day passing before the Schoolroom can be properly warmed. 3. It is doubtless convenient, in the newer districts, where wood abounds, for parents to famish the wood rather than money to buy it ; but in case this plan is voted, the District may properly direct that all the wood shall be 'delivered before the opening of the School, so that it may be properly prepared and piled, convenient for use. It should also be stipulated that the wood shall be sound and well seasoned. Section 40 instructs the Director to make the apportion- ment of fuel to be furnished, and to notify the parties of the time for its delivery at the School-house. If not deliv- ered, as required, it shall be furnished by the Director and charged to the delinquent in the rate bill. 4. In case the second plan is adopted, the District should direct the purchase of the wood, and the Direc- tor should divide the cost thereof among the persons having scholars to send to school, and add the amount as- sessed to each person, to the amount assessed to such per- son on the rate bill for that term. The Director may, if he chooses, accept wood from any person liable to such as- sessment, instead of the proportion of money due from such person. It is believed that, in most cases, the third method will be most economical and least liable to occasion disputes. 5. In assessing the amount of wood to be furnished, in- digent persons should be exempted. See Sec. 58. PRIMARY SCHOOL LAW. 1T3 Sec. 22. The amount of taxes to be raised in any District imitation for the purpose of purchasing or building u School-bouse, scho^i shall not exceed the sum of two hundred dollars in any ^°""''' ''*'^- one year, unless there shall be more than thirty scholars residing therein, between the ages of four »nd eigliteen years ; and the amount thereof shall not exceed three hundred dollars in any one year, unless there shall be more than fifty scholars residing in the District between the ages last aforesaid ; and no sum shall be raised exceeding one hundred and eighty dollars, for the purpose of building or purchasing a School-house of less dimensions than twenty-four feet by thirty feet, and ten feet between floors ; nor exceeding seventy-five dollars for the purpose of building or purchasing a School-house constructed of round or hewn logs. Sec. 23. Such qualified voters, when assembled a*? afore- Tax lor ro- said, may from time to time impose such tax as shall be fo'r'^ap'para- necessary to keep their School-house in repair, and to pro- Jj"^'Jj\''^l,|^°/i vide the necessary appendages, and to pay and discharge any debts or liabilities of the District lawfully incurred; and in Districts containing more than fifty scholars between the ages of four and eighteen years, may raise a sum not exceeding twenty dollars in any one year for the purchase of globes, maps, or any apparatus for the purpoi^e of illus- trating the principles of astronomy, natural philosophy, and agricultural chemistry or the mechanic arts. {Section 22.) 1. Although the amount which may be raised in any year is limited, in Districts having less than fifty scholars, it is not designed that the cost of the School- house shall be limited to the sum thus raised in a single year. The District may raise the sum authorized, for sev- eral years in succession, till a sufficient sum is raised to erect such a house as may bo required. 2. Districts having more than fifty scholars are not limited as to the amount they may raise in any one year. 3. Districts having more than three hundred scholars, are authorized by Section 165, (passed in 1855,) to borrow money to the amount of $15,000, to purchase sites and build a Union School-house. {Section 23.) 1. The provision made by this section for the purchase of School-apparatus, by certain Districts, i& 174 PRIMARY SCHOOL LAW. leteimJM^ Sec. 24. They may also determine, at each annual meet- ■the length ing, the length of time a School shall be taught in their scho^fshau District during the ensuing year, which shall not be less ^tc!^''^^*' *^^^ three months ; and whether by male or female teach- ers, or both ; and whether the moneys apportioned for the support of the School therein shall be applied to the win- ter or summer term, or a certain portion of each. Sec. 25. In case any of the matters in the preceding section mentioned are not determined at the annual meet- ing, the District Board shall have power, and it shall be their duty to determine the same. a useful and important one, as was remarked by a former Superintendent, Hon. F. W. Shearman. A few dollars ex- pended for apparatus will often add largely to the interest and usefulness of a School. It is as poor economy to send the Teacher to the School-house without proper apparatus, as to send a laborer to the fields without tools. Black- boards are as indispensable in a good School as books are. In the hands of skillful Teachers, outline maps are also of great value. So also a globe, and other apparatus, should be provided wherever parents desire to give their children proper facilities for study. (Sections 24 and 25.) 1. It is evidently the intention of the law to limit the power of the District to decide these questions strictly to the annual meeting. If left undecided at the annual meeting, they pass entirely under the con- trol of the District Board. A special meeting, called for that purpose, may pass an advisory vote, but the power to determine will still rest with the District Board. 2. It has been held that a special meeting called for that purpose, may reconsider and repeal the votes of the an- nual meeting, and should circumstances arise absolutely requiring the repeal of those votes, a special meeting should be called for that purpose. But the power of the special meeting would still be limited to a repeal. The a,ction of the annual meeting being set aside, the deter- mination of the matter rests in the hands of the District PBIMAEY SCHOOL LAW. 175 Sec. 26. Said qualified voters may also, at any regular when vovrs meeting, authorize and direct the sale of any School-house, ^I'Jof p*op. site, building or other property belonging to the District, "'^• when the same shall no longer be needed for the use of the District. Sec. 27. They may also give such directions, and make DirootioD« in such provision as they shall deem necessary, in relation to su?" the prosecution or defense of any suit or proceeding in which the District may be a party, or interested. Sec. 28. (This section was repealed by the act to amend certain sections of the Primary School Law, approved Feb. 16, 1859.) MODERATOR. Sec. 29. The Moderator shall have power, and it shall *'°^f *^/'*l ii>i ' 1 11 •I'-iT-v- powers ana be his duty, to preside at ail meetings oi the District, to dutisB. sign all warrants for the collection of rate bills after they shall have been prepared and signed by the Director, and to countersign all orders upon the Assessor for moneys to be disbursed by the District, and all warrants of the Di- rector upon the Township Treasurer for moneys raised for District purposes, or apportioned to the District by the Township Clerk ; but if the Moderator shall be absent from any District meeting, the qualified voters present may elect a suitable person to preside at the meeting. Board, as would have been the case if the annual meeting had not voted. 3. The month in section 24 must be interpreted to mean twenty-six work days. The Saturday afternoons, or every other Saturday usually allowed to teachers, may be inclu- ded in the count, as also the customary holidays. Xo Dis- trict is entitled to a share of the Primary School Moneys unless three months School has been taught therein by a qualified Teacher during the year. See sec. 80. (Section 29.) 1. A variety of practice prevails, in the mat- ter of drawing moneys from the Township Treasurer. In some Districts the warrants are drawn payable directly to the Teacher or his order, and in others they are drawn payable to the Assessor, and then the Teacher is given an order on the Assessor. The latter is the more regular moneys. 176 PRIMARY SCHOOL LAW. Moderaror gec. 30. If at any District meeting any person shall con- der,^eTc.°' duct himsolf in a disorderly manner, and after notice from the Moderator or person presiding, shall persist therein, the Moderator or person presiding, may order him to with- draw from the meeting, and on his refusal, may order any constable or other person or persons to take him into cus- tody until the meeting shall be adjourned. ^naityfor Sec. 31. Any person who shall refuse to withdraw from meeto^^ such meeting on being so ordered, as provided in the pre- ceding section, or who shall willfully disturb such meeting, shall, for every such offence, forfeit a sum not exceeding twenty dollars. ASSESSOR. toueatlM ^^^' ^^' '^^^ Assessor shall pay over, all moneys in his pay over hauds belonging to the District, on the warrant of the Di- rector, countersigned by the Moderator ; and shall collect all rate bills for tuition and fuel, in obedience to the com- mand contained in the warrant annexed thereto. Sec. 33. In case any person shall neglect or refuse to pay the amount on such rate bill for which he is liable, on de- mode, and seems to be the intention of the law. In this way the Assessor is the sole Treasurer of the District, and his accounts will exhibit the entire expenditures. The Assessor should keep an account with each particular fund belonging to the District: as Primary School Moneys, Building Fund, Incidental Expense Fund, c&c. 2. He is not authorized to sign an order on the Assessor for public money to be paid to a Teacher who was not duly " qualified." (Section 31.) The penalty provided in this section may be recovered by a suit brought before a justice of the peace. See Compiled Laws, p, 1351. (Sections 32, 33, 34.) 1. No property is exempted from sale for the payment of a rate bill. 2. The Assessor is entitled to five cents on each dollar of the rate bill for the collection thereof, and such collec- tion must be made within sixty days, unless the time is duly extended by the endorsement of the other oflScers. PEIMARY SCHOOL LAW. 177 mand, tho Assessor shall collect the same by distress aiido°'«^8ay» sale of any goods or chattels of such person, wherever found, sortocoi-' within any county in which the District, or any part of it, ^ess^^ ^'" is situated. Sec. 34. The Assessor shall give at least ten days' notice ^^°q'*^®°^ of such sale, by posting up written notices thereof in three public places in the township where such property shall be sold. Sec. 35. At the expiration of his warrant, the Assessor -*^''l«««<''^o shall make a return thereoi, m writing, with tne rate bill to Director. attached, to the Director ; stating the amount on said rate bill collected, the amount uncollected, and the names of the persons from whom collections have not been made. Sec. 36. The Assessor shall appear for and on behalf of !^^^"^- iiT-v'r- 11 •! II • 1 easor to ap- tho District m all suits brought by or against the same, pear for m- when no other directions shall be given by the qualified '^*'''^°'' voters in District meeting, except in suits in which he is interested adversely to the District, and in all such cases the Director shall appear for such District, if no other di- rection be given as aforesaid. See Sections 45, 46 and 47. In case the Assessor shall fail to give bonds, or is unable to attend to his duties, the Board may appoint an acting Assessor. See Sec. 67. 3. It is doubtful whether the Assessor's authority to collect rate bills, by distress and sale, extends to the case of non-resident pupils. It will be found safer, therefore, for the District Board to fix a rate of tuition for such pu- pils, and collect the same, as is usual in the Union Schools, in advance. Authority to fix such rates of tuition is given to the District Board by Section 163. {Section 35.) Should there remain any portion of the rate bill uncollected, after all due efforts on the part of the Assessor, the deficiency should be met by a tax on the taxable property of the District. The law gives no au- thority to levy a second rate bill to make up such defi- ciency. (Section 36.) For direction for suits, &c., against School Districts, see Sections 122 to 128. 23 178 PRIMABT SCHOOL LAW. DIRECTOE. Kerk '° ^^^' ^'^' '^^® Director shall be tlie clerk of the District . , "^ ' Board, and of all District meetiDgs when present, but if he ■ ■ shall not be present at any District meeting, the qualified voters present may appoint a clerk of such meeting, who shall certify the proceedings thereof to the Director, to be ___ recorded by him. To record' Sec. 38. The Director shall record all the proceedings of procee ing3, ^|^^ District, in a book to be kept for that purpose, and pre- serve copies of all reports made to the School Inspectors, and safely preserve and keep all books and papers belong- ing to his office. Contract for Scc. 39. The Director, with the advice and consent of whom^and'^ the Modcrator and the Assessor, or one of them, or under how made, their direction, if he shall not concur, shall contract with and hire qualified Teachers for and in the name of the Dis- trict, which contract shall be in writing, and shall have the consent of the Moderator and Assessor, or one of them, endorsed thereon, and shall specify the wages per week or month as agreed by the parties, and a duplicate thereof shall be filed in his office. (Section 39.) 1. This section was amended February 15, 1859, so as to give the authority to employ Teachers to the majority of the District Board, whether the Director was one of that majority or not. The Director is merely the legal agent for making the contract, and has only an equal voice with the other members of the Board in the choice of a Teacher. A Director refusing to make a con- tract in accordance with the directions of the Moderator and Assessor, is liable to a penalty of ten dollars for each offence. See Section 130. 2. When not otherwise stipulated in the contract, the month must be understood to imply twenty-six work days. A universal and healthful custom has established the usage of allowing the Teacher to dismiss School Saturday after- noons, or every alternate Saturday in lieu thereof, without any loss of time, five and a half days of actual teaching being counted as one week. The District Board cannot therefore require a Teacher to teach Saturday afternoons, PRIMARY SCHOOL LAW. 179 Sec. 40. He shall ascertain, as near as practicable, be- To ascertain fore the commencement of each School Term, if the Dis-quYn'myor trict at any regular meeting so direct, the just proportion p^fson' ^^nd which each person having scholars to send to the School g'^? Q?t'C9 ought to furnish, of the fuel for such term, and give each etc.'"^'''* ' such person at least five days' notice of the time within ^*® **°' ^^' which he is required to deliver the same at the School- house ; and if any person shall not deliver his proportion as required, the same shall be furnished by the Director, and the amount thereof shall be assessed on the rate bill to the person neglecting to deliver his proportion as aforesaid. or make up any time lost by omitting School Saturday afternoons, without specifying it in the contract. 3. It is also customary to allow Schools such holidays as the Fourth of July, Thanksgiving days, Christmas and New Years, without any loss of the Teacher's time. 4. As this section authorizes the Director to contract with " qualified teachers" only, it is an implied condition of the contract that the Teacher shall keep himself "qualified," in the legal sense, i. e., by holding a valid cer- tificate from the Inspectors. Should his certificate there- fore be annulled, his contract is no longer binding. If, however, the Board continue to employ him, he can still collect bis pay of those that employ him, though no public money can be paid to him. The District Board, as such, cannot legally employ an unqualified teacher ; their action, therefore, in employing such Teacher, cannot bind the District, as a District, but only those who shall send to the School taught by such Teacher. 5. A District Board cannot properly annul a Teacher's contract without said Teacher's consent. If a Teacher proves incompetent or negligent, application may be made to the School Inspectors, and should they find suflScient cause to annul his certificate, his contract necessarily is made void. It would perhaps avoid occasional difficulties if it were agreed between the parties that the contract might be annulled by either party on giving some suffi- cient notice of the same. 180 PRIMAIIY SCHOOL LAW. Totabacen- Sec. 41. Within ten days next previous to the annual trict,*^Ld^ District meeting-, the Director shall take the ceDsns of his niak4 list. District, and make a list in writing of the names of all the children belonging thereto between the ages of four and eighteen years. To furnish Sec. 42. He shall furnish a copy of such list to each to^Teacher* Teacher employed in the District, and require such Teacher T°^ T'l^j'^® carefully to note the daily attendance of each scholar, and note attend- to make rctum thereof to him, including the ages of all M^kew- scholars whose names are not on such list; and such turn. Teacher shall also certify and return, accordiug to his best information and belief, the name of the person liable for the tuition of each scholar. "'^^^ Sec. 43. In case the Director shall not have furnished keepiiBt,° such list as aforesaid, the Teacher shall keep a list of all *^°'' the scholars attending School, and the number of days each scholar shall attend the same, with the age of each, and the name of the person liable for the tuition of each, according to his best information and belief, which list he shall return to the Director as aforesaid. {Section 41.) 1. In this census should be embraced the children belonging properly to the District and no others. Children merely attending School in the District, while their parents or guardians reside elsewhere, should not be enumerated, as they are properly enumerated in the Dis- tricts in which their parents reside. Bat a child that has been adopted by, or is regularly apprenticed to a resident of the District, may be properly included in the School census. 2. Children in alms-houses, prisons, or asylums, and not otherwise residents of the Districts in which such institu- tions are located, should not be enumerated in the School census. 3. Children of aliens and people of color should be in- cluded in the census, if residents of the District. (Sections 42 and 43.) 1. The best interests of our Schools demand that this provision of the law should be strictly complied with by School Directors and Teachers. The Director should furnish the Teacher a full list of all the PRIMARY SCHOOL LAW. 181 Sec. 44. The Director shall ascertain from the return ofD"^«'=**'T*'> such Teacher the number of days for which each person amount daa not exempted shall be liable to pay for tuition, and the '"'' *'^'''°°' amount payable by each. Sec. 45. Within twenty days after receiving such list f ^^o^'an" and certificate from the Teacher, the Director shall make ''"e^- ^^/^ out a rate bill, containing the name of each person so lia- coueciioa. children of legal School ages in the District. If a book were procured for the purpose, in which each year the list of children might be entered, and the attendance of each one at the School noted, it would, in the course of a few years, become a volume of great interest and value. 2. It will be impossible for the Director to make the report required by section fifty-four, unless this list is properly kept. In the earlier history of the State, while the settlements were yet new, it was somewhat diflScult to make and preserve these lists; but it may certainly be expected now, that earnest eiforts will be made to obey the law. The proper success and perfection of our School system require that these facts in regard to the attend- ance at the Public Schools should be reported. 3. If the Director fails to furnish the list, it is still the duty of the Teacher to keep a daily record of the attend- ance, and the Director will be enabled to make his report from a comparison of the Teacher's roll and record and the census list. {SeGtions 44 and 45.) 1. Should the Director fail to make out a rate bill within twenty days, without sufficient cause, he would be liable only for the penalty of $10 pro- vided in Section 130. The rate bill may, however, still be legally made out after the twenty days; the Director's neglect to make it before, not releasing any one from the obligation to pay the rate bill when made out. 2. The District Board are authorized to determine the rates of tuition to be paid by pupik not residents of the District. Section 163. In cas'^^ the District Board do not 182 PEIMARY SCHOOL LAW. ble, and the amount due from him for tuition and fue], or either, adding thereto five cents on each dollar of the sum due, for Assessor's fees, and shall annex thereto a warrant for the collection thereof, to be signed by him and the Moderator. Contents of gee, 46. Such Avarraut shall command the Assessor that Tvithin sixty days he collect of the persons named in said rate bill the amount set opposite their respective names, and that if any person shall neglect or refuse, on demand, fix upon any rates of tuition for non-resident pupils, they should be charged on the rate bill at the same rates as other pupils, except that they cannot share in the public money belonging to the District, without the express con- sent of the Board. 3. In making a rate bill, the following steps should be pursued, viz: 1st. Find the amount of the Teacher's wages for the whole term he has taught, and for which the rate bill is to be made out. 2d. Deduct from this amount the moneys received or to be received from non-resident pupils, and also the amount of public money to be applied. 3d. Apportion the balance remaining after the above deductions, among all the parents in the District, in pro- portion to the number of days each one has sent to the School. 4th. Leave out all those who have been exempted from paying rate bills, and write the names of those who are liable to pay, in the rate bill, with the amounts due from each set opposite his name. To the names of those in the District, add also the names of those living out of the Dis- trict liable for Teachers' wages. 4. The sums due from indigent persons who have been exempted are to be reported to the Supervisor and assessed upon the property of the District. Section 57. {Sections 46 and 47.) 1. No suit is required to collect money due on a rate bill. The Assessor is authorized to PRIMARY SCHOOL LAW. 183 to pay the amount on said rate bill for which he is liable, he collect the same by distress and sale of the goods and chattels of such person wherever found within the county or counties in which the District is situated, first publish- ing such sale at least ten days, by posting up notices thereof in three public places in the township where such property shall be sold. Sec. 47. In case the Moderator and Director shall deem ^^^^l^l **^ it necessary, they may, by an endorsement on such warrant signed by them, extend the time therein specified for the collection of such rate bill, not exceeding thirty days. Sec. 4S. The Director shall provide the necessary ap-°^^®°*°^^^j, pendages for the School-house, and keep the same in goodiiousa in re- condition and repair during the time School shall be taught ^*"^" therein, and shall keep an accurate account of all expenses levy at once upon the property of the parent refusing to pay. No property is by the law exempted. 2. "Whenever children from other Districts are admitted to the School, and only charged their proportion upon th© rate bill, they are often included in the rate bill, and their tuition collected by the Assessor the same as that of others. Though it is doubtful whether the Assessor's authority to- collect rate bills by summary process of distress and sale of any goods belonging to persons liable for such rate bills, extends to the case of non-resident pupils, the charges on rate bill for tuition of such pupils will still continue a debt against their parents or guardians, and may doubtless be collected by ordinary process of law. 3. In collecting rate bills, the Assessor should take care to follow strictly the directions in the law. With due dili- gence, it will rarely be found necessary to extend the time for collection. No extension is permitted beyond the thirty days. The amounts uncollected at the end of that time must be returned to the Supervisor, to be assessed upon the District. Section 57. (Sections 48 and 49.) 1. These sections now read as they were amended by the act approved February 15, 1859. 2. The law has wisely empowered one oflScer, and made 184 . PEIMART SCHOOL LAW. Expenses, incurred by him as Director ; such account shall be audited how paid. -j^y. ^-^Q Moderator and Assessor, and on their written order shall be paid out of any money provided by the District for such purposes. Estimate of Scc. 49. He shall present at each annual meeting an cSgVear estimate of the expenses necessary to be incurred during the ensuiog year for such purposes, and for payment for the services of any District officer ; and such amount, when voted by such annual meeting, shall be assessed and col- lected in the same manner as other District taxes ; but no tax for these purposes shall be voted at a special meeting, unless a notice of the same shall be expressed in the notice of such meeting. ■^vroofice ^®^' ^^' -^^ ^^^^^ §^^® *^® prescribed notice of the an- ofmeetiDg . nual District meeting, and of all such special meetings as he shall be required to give notice of in accordance with the provisions of this chapter, one copy of which for each meeting shall be posted on the outer door of the District School-house, if there be one. it his duty to keep the School-house in good repair. He should see to it that the windows are properly filled with glass ; that the stove and pipe are in a fit condition ; that the desks and seats are in good repair ; that the outhouses are properly provided with doors, and are frequently cleansed ; that the blackboards are kept painted, and everything is provided necessary for the comfort of the pupils and the success of the School. Under our laws, a great responsibility rests upon the Director, and on his promptitude and faithfulness depends the usefulness of the School. 3. Under this amended section, the Moderator aad As- sessor are authorized to audit and pay the Director's ac- count, without requiring him to wait, as under the old law, for the annual meeting to vote the tax, and then for its assessment and collection. 4. The amendment also authorizes the payment for the services of any District officer. In large Districts the tax upon the Director's time is often large and onerous, and a fair compensation should be allowed him for his services. PEIMART SCHOOL LAW. 185 Sec. 61. The Director shr.ll draw from the Towoship Li-xodraw brary the proportion of books to which his JDistrict mayTwaVip^ be entitled, and return the same to the Township Library ^^^^^^y^*""^ at the expiration of three months, and shall continue to same. draw books in like manner, at the expiration of every three months, and to return the same as aforesaid. Sec. 52. He shall distribute the books drawn out by him^iV'^"*^'*" ,. /. •) 1 •! 1 f" 1 f-v ■ i • J. "' books. to the parents or guardians oi the children oi the District of the proper age, for the time and under the restrictions contained in the rules prescribed by the Board of School Inspectors. Sec. 53. He shall draw and sign all orders upon the ^^-f'^^^l^'^ sessor lor all moneys to be disbursed by the District, and sign war all warrants upon the Township Treasurer for moneys Treasure. raised for District purposes, or apportioned to the District by the Township Clerk, and present the same to the Mod- erator, to be countersigned by him. Sec. 54. The Director shall, also, at the end of each ^jp^^^^^^t" School year, deliver to the Township Clerk, to be filed in Township his oflSce, a report to the Board of School Inspectors of the*"" ' township, showing : 1. The whole number of children belonging to the Dis- ^^^*^ta of trict, between the ages of four and eighteen years, accord- ing to the census taken as aforesaid ; 2. The number attending School during the year, under four, and also the number over eighteen years of age ; 3. The whole number that have attended School during the year ; 4. The length of time the School has been taught during (Sections 51 and 52.) In townships in which the Dis- trict Library system has been adopted, these sections have become obsolete. But in fractional Districts, lying partly in townships which still have Township Libraries, the Di- rector may continue to draw from the Township Library the share of books due his District. (Section 54.) 1. Two blanks for the Annual Report to the School Inspectors are annually forwarded to each Di- rector through the County and To^vnship Clerks. One of these he should carefully fill up as required, and deliver to the Township Clerk ; and the duplicate should be placed on file, and delivered to his successor. 24 186 PRIMA ET SCHOOL LAW. the year by a qualified Teacher, the name of each Teacher, the length of time kept by each, and the wages paid to each ; 5. The average length of time scholars between fonr and eighteen ye^ars of age have attended School during the year ; 6. The amount of money received from the Township Treasurer, apportioned to "the District by the Township Clerk; 7. The amount of money raised by the District, and the purposes for which it was raised ; 8. The kiuds of books used in the School ; 9. Such other facts and statistics in regard to Schools, and the subject of education, as the Superintendent of Public Instruction shall direct. DISTRICT BOARD. DiBtTict Sec. 55. The Moderator, Director and Assessor shall ^^rd to re- constitute the District Board. TOtedb"'d"* Sec. 50. Said Board shall, between the last Monday of triet, eto.^ September and the second Monday of October, in each 2, The Directors' reports not only furnish the basis for the distribution of the Primary School Moneys, but also the facts upon which any sound opinion can be formed of the success of the School system, and of the character and extent of the amendments which may need to be made. Directors, therefore, should use the utmost care and dili- gence to make their reports full and correct. 3. In fractional Districts, full annual reports are only to be made to the Clerk of the township in which the School-house is situated; and this report must embrace the number of children, and the statistics of the entire District. See section 81. The number of children in any fractional part of the District must also be reported to the Clerk of the township in which such fractional part is situated. See section 82. {Section 55.) In Graded or High School Districts, gem- eraJly called Union School Districts, the District Board, as provided by the law passed February, 1859, consists of six Trustees. PRUnUY 8CnitOL LAW. IS7 yenr, make out and deliver to tho Superviwor of each town- ship in which any part of tho l>ict>on Teachers' waives, and from providing:; fuel for tiio uso of i^m.^nflm' tho District, all such persons residin.u; therein as in their ^"'[^^'""Vtc opinion ought to bo exempted, and shall certify such ex- emptions to tho Director; and the children of such per- sons shall bo admitted to tho District School free oi charge during tho time oi such exemption. Sec. 5i). Thoy shall purchase or lease a site for a School- "<^'"'i lii'iiii house, as shall have been designatccl by the District, in HirVsi'irior the corporate name thereof, and shall build, hire, or pur-\^,"[y*"' chase such School-house out of tho fund provided for that purpose, and make sale of any site or other property of the District, when lawfully directed by tho (|ualitied voters at an annual or special meeting : Provided, That tho Dis- trict Board shall not in any case build a stone or brick School-houso upon any site, without having ilrst obtained a title in fee to the some, or a lease for ninety-nine years ; and also that they shall not in any case build a frame School-house upon any site for which they have not a title in fee, or a leaso for fifty years, without securing tho priv- ilege of removing the said School-house when lawfully {Sect{o7is 57 and 68.) The District Board should exer- cise a wise liberality in exempting from the payment of Teachers' wages, &c., those whose circumstances require such exemption. It is the high and worthy aim of our School system to provide a Common School education for every child in the State. None ought to be debarred from the School for lack of means to pay rate bills. 188 PRIMARY SCHOOL LAW. directed so to do by the qualified voters of the District, at any annual or special meeting, soard toap- ggp^ QQ. The District Board shall apply and pay over all Moneys. School moneys belonging to the District, in accordance with the provisions of law regulating the same, as may be directed by the District ; but no School moneys appor- tioned to any District shall be appropriated to any other use than the payment of Teachers' wages, and no part thereof shall be paid to any Teacher who shall not have received a certificate as required in this chapter, before the commencement of his School. re°ui4°dof S®°* ^^- "^^^ Moderator and Director shall require of Assessor, the Assessor, and the Assessor shall execute to the District, a bond in double the amount of money to come into his hands as such Assessor during the year, as near as the same can be ascertained, with two sufficient sureties, to be approved by the Moderator and Director, conditioned for the faithful application of all moneys that shall come into his hands by virtue of his office. Where bond gee. 62. Such boud shall be lodged with the Moderator, and^whe^n*^' and in case of any breach of the condition thereof, the sued, etc. Director shall cause a suit to be commenced thereon in the name of the District, and the money, when collected,^ shall be paid into the Township Treasury, for the use of the District, subject to the order of the proper District officers. Report of Sec. 63. Said Board shall present to the District, at each dtsbifrle-^"^ annual meeting, a report in writing, containing an accurate ments. statement of all moneys of the District received by them, or any of them, during the preceding year, and of the dis- bursements made by them, with the items of such receipts and disbursements. statement Soc. 64. Such report shall also contain a statement of all ^tc*^^"'' taxes assessed upon the taxable property of the District during the preceding year, the purposes for which such taxes were assessed, and the amount assessed for each par- ticular purpose, and said reports shall be recorded by the Director in a book to be provided and kept for that purpose. (Section 60.) The practice of some Districts in employ- ing a Teacher, and getting him inspected some time af- ter commencing his School, is entirely illegal and wrong, being calculated to defeat the very end and purpose of all inspection. PRIMARY SCHOOL LAW. 189 Sec. 65. The said District Board shall have the care and Board to custody of the School-house and other property of theuyolohtr't District, except so far as the same shall be specially con- p''''^""^*^- fided to the custody of the Director, including all books purchased for the use of pupils admitted to the School free of charge. Sec. 66. The said Board shall have power to fill, by ap- vacancies. pointment, any vacancy that shall occur in their own number, and it shall be their duty to fill such vacancy within ten days after its occurrence : Provided, That in Proviso. case said Board shall, from any cause, fail to fill such vacancy within the time specified, the same may be filled by election at a special School District meeting called for that purpose, by the qualified voters present, which meet- ing shall be called in the same manner, and be subject to the same regulations, as other special School District meetings. (Section 65.) It is an almost universal custom to allow the use of the School-house for religious meetings, Sunday schools, lectures, lyceums, debating societies, and all other meetings connected with the mental, moral or religious improvement of the people, and such use has uniformly been approved by my predecessors in this department. These usee of the School-house are certainly not foreign to the purpose of its erection. The Board should, how- ever, consult the general wishes of the people in granting this use of the public property. (Section 66.) 1. This section reads as amended by the act approved Feb. 15, 1859. The occurrence of any of the following events will create a vacancy in a School District office : First. The death of the incumbent ; Second. His resignation ; Third. His removal from office ; Fourth. His removal from the District ; Fifth. His conviction of any infamous crime ; Sixth. His election or appointment being declared void by a competent tribunal : certein case. liO PRIMARY SCHOOL LAW. Board may Sec. G7. If the Assessoi" shall fail to give i)ond as is re- tl^^or'^in'r quired in this chapter, or from sickness or any other cause shall be unable to attend to the duty of collecting any District rate bill, the said Board shall appoint an acting Assessor to collect the same, who shall possess all the powers of the District Assessor for that purpose, and shall, before proceeding to the collection thereof, give bond to the District in double the amount of money to be collected, in the same manner, and with the same effect as the Dis- trict Assessor is required to give such bond. Every Mctoffiits S'^^ool District of35ce shall become vacant upon the incum- t'obecome beut coasing to be a resident of the District for which he vacant. gj^all have been elected, or upon the happening of either of the events specified in section three of chapter fifteen of the Kevised Statutes of 1846. TOWNSHIP BOARD OP SCHOOL INSPECTORS, schooiia- S®^* ^^' ^^^ Inspectors elected at the annual township specters, meetings, together with the Township Clerk, shall consti- tute the Township Board of School Inspectors ; and the Inspector elected at the annual township meeting, having the shortest time to serve, shall be Chairman of said Board, and the said Township Clerk shall be the Clerk thereof. Board^tTbe ^®°- ^^' "^^^ Chairman of said Board shall be the Treas- Treasurer urer thereof, and shall give bond to the township in double ^i!^^ the amount of library moneys to come into his hands dur- ing his term of office, as near as the same can be ascer- tained, with two sufficient sureties, to be approved by the Township Clerk, conditioned for the faithful appropriation of all moneys that may come into his hands by virtue of Incase of ^^^ office. breach,'' Sec. 70. Said bond shall be filed with the Township bond to be oIqj.^^ and in case of the non-fulfillment thereof, said Clerk Seventh. His neglect to file his acceptance of office, or to give or renew any official bond, according to law. (Compiled Laws, Chap. 11, Sec. 3, p. 219.) 2. In case the Board fail to fill the vacancy, it is to be filled by an election by the qualified voters present at a special meeting called for that purpose. This amendment superseded section 95, which provided that the Inspectors should fill vacancy in case the District Board failed to do so within ten days. PRIMARY SCHOOL LAW. 191 shall cause a suit to be commenced thereon, and the moneys collected in such suit shall be paid into the Township Treasury for the benefit of the Township Library, Sec. 71. The Inspectors shall divide the township into *'^™*^*^'?^^ such number of School Districts as may from time to time be necessary, which Districts they shall number, and they may regulate and alter the boundaries of the same as cir- cumstances shall render proper; but no District shall con- 2 Douglass, tain more than nine sections of land, and each District ^^"'''" ^^^" shall be composed of contiguous territory, and be in as compact a form as may be ; but no land shall be taxed for building a School-house, unless some portion of every legal subdivision of said land shall be within two and one-half miles of said School-house site. {Section 71.) 1. This power to establish and change the boundaries of School Districts is a most important one, and on its wise and carefal exercise the success and well- being of the School system often depends. It is coming to be more and more seen that it would have been better if the townships had never been divided into independent Districts, but that each township had remained a general District, with a Township School Board, who should have established and maintained a sufficient number of Schools to accommodate the various parts of the township, and with perhaps a single local Director to aid in the care of each School. The main errors committed in the division of the town- ships have been the multiplication of small Districts, too feeble to maintain a good School, and the unnecessary in- crease of fractional Districts, which have always proved a fruitful source of error and trouble. , 2. " Whenever a School District is divided, each of the Districts formed from it has a right, in making its annual report, to embrace the time a School was taught between the commencement of the School year, and the time the division w^as made, and to add thereto the time a School has been taught in said District subsequently to the division. If each District, reckoning time thus, is enabled 192 PRIMABY SCHOOL LAW. ^dto™outof Sec. 72. They may attach to a School District any per- District, son residing in the township, and not in any organized taoLdto District, at his request; and for all District purposes, ex- ^itSa ™ *2®P^ raising a tax for building a School-house, such person eases. shall be considered as residing in such District; but when set off to a new District, no sum shall be raised for such person as his proportion to the District property. te^re^ewl Soc. 73. The Inspectors shall apply for and receive from and appro- the Townsliip Treasurer all moneys appropriated for the to report a School taught three months or more, by quali- fied Teachers, each is entitled to draw public money. 3. "In the distribution of School moneys to said Dis- tricts, the same sum should be apportioned to the two, that the original District would have been entitled to receive had there been no division. This sum should be divided between them according to the rules of justice and equity. If the division of a District takes place immedi- ately after the commencement of a School year, and before a School has been opened, the public money should be ap- portioned to the new Districts in proportion to the number of scholars within the legal ages residing in each of them at the time of the division. But if the division is made at the close of the winter School, and two-thirds (more or less) of the public money has been apportioned to said School, in which both of the Districts were entitled to share equitably, the remaining one-third should be appor- tioned in proportion to the number of children within the legal ages in the Districts at the time the division is made." 4. The law for Graded or High Schools, passed Febru- ary, 1859, provides that several Districts may unite in cer- tain cases without the action of the Inspectors. In those cases the united District need not be limited to nine sec- tions of land. {Section 73.) 1. The Library Mbneys include whatever may be voted from the two mill tax annually, at the town- ship elections, as provided by section 107, and the moneys PRIMARY SCHOOL LAW. 193 Township Library of their township, and shall purchase pnate ti- the books, and procure the necessary appendages for the ney7 "**" Township Library, and make such rules for the regulation thereof, and the preservation of the books contained in it, as they may deem proper. received from fines, penalties, forfeited recognizances, &c., from the County Treasurer. The Inspectors should apply to the County Treasurer between the fifth and tenth of April each year, for the money from such fines, &c. Were the Boards of Supervisors, and other officers charged with this matter, careful to see that these fines and penalties were paid over by those collecting them, and forfeited recognizances were prosecuted, many thousands of dollars would annually accrue to the Library fund that are now lost. 2. Wherever the Township Library has been divided into District Libraries, under the law providing for such division, the Inspectors should annually apportion the Li- brary moneys to the Districts, to be expended by the District Boards for books. 3. This authority to select books for the Township Li- braries is one of the greatest importance, and should be exercised with the utmost care and circumspection. Good books are great blessings. They are the cheapest and most efficient educational agencies known ; and the School Library is justly esteemed a needful and valuable auxiliary to our Public School system. Cai*e should be taken to select, to a considerable extent, such books as will prove interesting and instructive to the young, from ten to twenty years of age. Let the taste for reading good books once be strongly established, and our pupils will not only use the Library, but will go beyond that, and seek to sup- ply themselves, even at their own expense, with the means of gratifyiDg their appetite for learning. 4. The Inspectors will hereafter be aided in this delicate and important task by the lists of books selected by the State Board of Education. •25 194 PRIMAEY SCHOOL LAW. To appoint Sec. 74. They shall appoint one of their nnmber to visit anmber*to^ each School in the township having a qualified Teacher, at Sdiooifl. ^®^^* ^^^® ^^ ^^^^ School term in which a School is taught, who shall inquire into the condition of such Schools, ex- amine the scholars, and give such advice to both Teachers and pupils as he may think beneficial. NewDifl- Sec. 75. When a new District is formed, in whole or is OTtniedto^a part, from one or more Districts possessed of a School- Sctprop-^' house, or entitled to other property, the Inspectors, at the erty. time of forming such new District, or as soon thereafter as may be, shall ascertain and determine the amount justly due to such new District, from any District out of which it may have been in whole or in part formed, as the pro- portion of such new District of the value of the School- house and other property belonging to the former District at the time of such division. And whenever, by the di- vision of any District, the School-house, or site thereof, shall no longer be conveniently located for School purposes, and shall not be desired for use by the new District in which it may be situated, the School Inspectors of the township in which such School-house and site shall be located, may advertise and sell the same, and apportion the proceeds of such sale among the various parts into which the original District may have been divided. {Section 71.) 1. Scarcely any other measure could be adopted that would add so much to the value and efficiency of the Schools as that of a regular and wise system of in- spection. Much might be accomplished under our present system, if the people were careful to select well qualified Inspectors, and the Inspectors would comply rigidly with the requirements of this section. 2. Inspectors are entitled to pay for the time spent in visiting Schools, at the same rate as when engaged in at- tending meetings of the Board. 3. At their first meeting each year, the Board of Inspec- tors should appoint one of their number as Yisitor. The Visitor should, at as early a day as practicable, arrange for his visits, appointing the time for each School. It would be well if an entire day could be devoted to each School — the forenoon being spent in witnessing the ordi- PRIMARY SCHOOL LAW. 105 Sec. 76. Such proportion shall be ascertained and de-Howpropor. termined according to the value of the taxable property I'sMrUk^, of the respective parts of such former District at the time of the division, by the best evidence in the power of the Inspectors ; and such amount of any debt due from the former District, which would have been a charge upon the new, had it remained in the former District, shall be de- ducted from such proportion : Provided, That no real es- tate thus set off, and which shall not have been taxed for the purchase or buildiug of such School house, shall be entitled to any portion thereof, nor be taken into account in such division of District property. Sec. 77. The amount of such proportion, when so ascer- Proportion tained and determined, shall be certified by the Township eedlo sS? Clerk to the Supervisor of the Township, whose duty it hJ^"^o«- shall be to assess the same upon the taxable property ofedot the District retaining the School-house or other property nary course of instruction, and the afternoon in a public examination of the scholars. The District Board and pa- rents should be invited to be present. It is to be hoped that a system of County School In i specters, or Superintendents, will soon be adopted in our law. {Section 75.) 1. This section was amended by the act passed Feb. 15, 1859, by the addition of the last clause. In the enlargement of Districts, for the purpose of estab- lishing larger and better Schools, it sometimes occurs that an old District is entirely destroyed, its entire territory going to swell the extent of two or more adjoining Dis- tricts. The law was found defective in not authorizing the sale of the old District property, when neither of the new Districts wished to retain it. This amendment will cover all such cases. 2. When part of a District possessed of a School-house or other property, is set off to another District possessing a School-house, the part set off is not entitled to receive any share of the District property ; what it loses in the old District being counted as made up by what it gains in the new. 1S0 PRIMARY SCHOOL LAW. of the former District, in the same manner as if the same had been authorized by a vote of such District, and the money so assessed shall be placed to the credit of the taxable property taken from the former District, and shall be in reduction of any tax imposed in the new District on said taxable property for School District purposes, wiwn ap- Sec. 78. When collected, such amount shall be paid over Idie^eTtoto the Assessor of the new District, to be applied to the bep&ido'er. ^gQ thereof, in the same manner, under the direction of its proper officers, as if such sum had been voted and raised by said District for building a School-house, or other District purposes. Beportfirem Soc. 79. Between the first and fifteenth days of October to^io^Spin each year, the Inspectors shall make out and deliver to *^^ the Township Clerk duplicate reports to the County Clerk, setting forth the whole number of Districts in their town- ships, the amount of money raised and received for the Township Library, together with the several particulars set forth in the reports of the School Directors for the preceding year. Sec. 80. The Board of Inspectors, before making their (Section 79.) 1. The necessary blanks for the Reports required by this section are annually forwarded to the proper officers. Three of these blanks are sent to each Township Clerk — two for the duplicate copies to be de- livered to the County Clerks, and one to be filed in the office of the Township Clerk for^the use of the Board and their successors. 2, The facts and statements for the Inspectors' reports are to be derived mainly from the annual reports of the District Directors, required by section 54. Should these reports be deficient in any particulars, or incorrect, the Inspectors are not authorized to correct them, except in the single case provided for in section 80. They may, however, and should, where time will permit, notify the Director of the deficiency or error, and get the same cor- rected. (Section 80.) 1. The month in this section must be un- derstood to embrace twenty-six work days, though the PRIMARY SCHOOL LAW. IflT annual report to the County Clerk, shall examine the^^^^^^^j^ record of Teachers to whom certificates have been given be examina* by them, and if in any School District a School shall notpmt'm^, have been taught for three months during the preceding **•*• School year by a qualified Teacher, no part of the public money shall be distributed to such District, although the report from such District shall set forth that a School has been so taught; and it shall be the duty of the Board to certify the facts in relation to any such District in their reports to the County Clerk. Sec. 81. Whenever it shall be necessary or convenient Formation to form a District from two or more adjoining townships, in t^T<^ the Inspectors, or a majority of them, of each of such ad- ^5^ '^'"' joining townships, may form such District, and direct which * Township Clerk shall make and deliver the notice of the formation of the same to a taxable inhabitant thereof, and may regulate and alter such District as circumstances may render necessary. The Director of such District shall Towfcom re- make his annual report to the Clerk of the Township in^^de. which the School-house is situated. Sec. 82. The Director of every District formed as provi- Director to ded in the preceding section, shall also report to the Clerk fa^oh^^T^. of each Township in which the District is in part situated, ®^*- the number of children between the ages of four and eighteen years in that part of the District lying in such township, and books shall be drawn from the Library of each Township for the use of such District ; but the Dis- trict shall have access to but one such Library at the same time, and the said Inspectors shall establish the order in which books shall be drawn from each Township Library. vacant Saturdays, or Saturday afternoons, or regidar holi- days allowed the Teacher, may be counted in. 2. No Teacher is to be regarded as a qualified Teacher who did not hold a certificate at the time of commencing School. (Section 81.) 1. Whenever the Inspectors of two or more Townships meet to form or alter the boundaries of Dis- tricts, a majority of each Board is necessary to a decision. A. simple majority of the joint Boards is not sufficient. 2. The provisions for the annual reports of the Directors of Fractional Districts, demand especial attention. The 198 PBIMAET SCHOOL LAW. Districts Sec. 83. Such School Districts already formed from two twTor Jo^ or more townships, shall continue to be governed by the hSw'^ieg^a- regulations already established according to law, in rela- ted, tion to the annual reports, and the drawing of books from the Township Libraries, subject to such changes as may be made in respect thereto by the said Inspectors, in con- formity with the preceding provisions. Amount of Sec. 84. The full amount of all taxes to be levied upon ^rtiVed'and the taxable property in such District, shall be certified by apportioned tl^e District Board to the Supervisor of each of such town- ships, and each of said Supervisors shall certify to each other Supervisor within whose township such District is in part situated, the amount of taxable property in that part of the District lying in his township ; and such Su- pervisors shall respectively ascertain the proportion of such taxes, to be placed on their respective assessment rolls, according to the amount of taxable property in each part of such District. Director should make only one full report, and that should embrace all the children in the District of proper School 3. When a District lies partly in two Townships, one having a Township Library and the other having District Libraries, the District is entitled to draw its quota of books from the Township Library even though it has a District Library of its own. The property of that part of the Dis- trict lying in such township is taxed for the support of such Library, and it is equitably entitled to draw its pro- portion of the books. It would be better if the Fractional District thus situated could be allowed its share of the Li- brary money from each Township to which it partly be- longs, and purchase the books for its own Library. (Section 84.) Much confusion and trouble has arisen from the assessment of District taxes in fractional Dis- tricts. Both the reason of the law and the law itself will be evident if it is remembered that no tax can be assessed upon any property in any township bnt^by the Supervisor of the township. PEIMABY SCHOOL LAW. 199 EXAMINATION OP TEACHERS. Sec. 85. It shall be the duty of the Inspectors to examine ^*"f°* all persons oifering themselves as candidates for Teachers Teaohera. of Primary Schools in their Townships, in regard to moral character, learning, and ability to teach a School ; and they shall deliver to each person so examined and found quali- fied, a certificate signed by them, in such form as shall be certificate, prescribed by the Superintendent of Public Instruction, Each Supervisor must, therefore, be notified by the Dis- trict Board of the entire amount of the District taxes. Then each Supervisor needs to know the entire amount of taxable property in the District. This latter informa- tion is furnished by the several Supervisors to each other. Each Supervisor knowing thus the entire amount of tax to be raised, and being able to ascertain the proportion of the property of the District lying in his township, is pre- pared to assess upon such property its equitable propor- tion of the tax. {Section 85.) 1. This section reads as amended by the act approved February 15, 1859. The amendment requires the certificate to state *' the branches in which the holder thereof has passed a satisfactory examination," and author- ises the giving of certificates for difi'erent periods of time, "not less than six months nor more than two years." 2. No certificate should be given to a Teacher who does not pass a satisfactory examination in the common branches, Reading, Spelling, Geography, Grammar, and Arithmetic. See section 88. Whenever the applicant proposes to teach in the higher departments of a Graded School, or in any advanced Primary School, he should be required to pass an examination in all the branches he will be expected to teach. 3. Inspectors may lawfully invite any gentleman they may choose, to assist them in their examinations ; but they cannot deputize any one to give a certificate in their stead, 200 PEIMAEY SCHOOL LAW. wliicli certificate sliail certify the branches in which the person holding it has passed a satisfactory examination, and shall be given at the discretion of the lospectors for a term of not less than six months nor more than two years. ^nn"qnai-i^o pcrson shall be deemed a qualified Teacher within the a?" deaned, meaning or this chapter, who has not such a certificate m force, or the legal certificate as a graduate of the State Normal School. Sec. 86. For the purpose of making such examination, or to conduct examinations in their absence. Two of the Inspectors may examine and license Teachers, but one can- not act alone in this duty. 4. Inspectors owe it to the Schools to refuse a certificate to any Teacher who is a drunkard, or gambler, or who uses profane language, or indulges in any other gross immoral- ity. No excellency of scholarship or experience, or skill in teaching, can compensate a School for the lack of moral • purity and integrity in the Teacher. The law has wisely made a good moral character a requisite for a qualified Teacher, since it is on the virtue as well as on the intelli- gence of the people that the safety of the Republic de- pends. 5. Form No. 17 having been printed before the amend- ment of this section, has become obsolete. The following is prescribed in its place: FORM OF teacher's CERTIFICATE. It is hereby Certified that A B has passed a satisfactory examination before us in the following branches, viz : Otlwgrapliy, Beading, Writing, Grammar, Geography, Arithmetic, and is able to give instruction in the same. He has more- over been found of good moral character and of competent ability to teach a School, and we have therefore licensed liim to teach in the Schools ox this Township of , in aud uotice heieof. PRIMARY SCHOOL LAW, 201 the Board of School Inspectors shall meet on the second Meetiogafor Saturday of April and first Saturday of November in each Tea^horsf year, at the office of the Township Clerk, or at such other j place as they shall designate, of which meetings the Township Clerk shall give at least ten days notice in writing, by posting up the same in three public places in the Township. Sec. 87. The Inspectors may make such examination atExamma- such other times as they may designate for that purpose, "^g*"****' but shall make no charge against the Township for exam- ining Teachers at any other times than those specified in tho preceding section. the county of , for the term of (liere insert the time,) from the date hereof. Griven under our hands this day of , A. D. 18 — . C D , ] School Inspectors of E F , >the Totvnship of — , G H , ) Go. of—, Mich. 6. Only Teachers of experience and approved success, should be licensed for the longest period. Young Teach- ers should be contented to pass a noviciate of six months to prove their ability to teach. {Section SI.) 1. When Inspectors hold special meetings, due notice should be given of the same. No examinations of Teachers should be held but at a meeting called for that purpose. The practice of one Inspector's giving a certificate to be signed afterwards by the others, is entirely irregular and unauthorized. As far as possible, the exam- inations should be confined to the regular days appointed by law, as they will be much more generally attended by the citizens, and will generally be more extended aud thorough. 2. Inspectors are entitled to charge Teachers for exam- inations if not made upon the regular days, they being for- bidden to make any charge against the Township for auy bat the two regular meetings. 26 202 PEIMAEY SCHOOL LAW. Bxamioa- Scc. 88. The examination of Teachers shall be public, fnbh^;''* and no certificate shall be given by the Inspectors, nnlesB toDs^of t^Qy ^^® satisfied that the applicant possesses a good moral leacbers. character, and a thorough and accurate knowledge of the several branches of study usually taught in Primary Schools, and is competent in other respects to teach and govern a School. ^Ter to ^®^* ^^' ^^®^ ^ District is situated in two or more town- ibe examined ships, the Toachor for such District shall be examined by Stuated'in tho Juspoctors of the township to which the Director is To^'nsiiTT* required to make his annual report. tos^ectOTs' Sec. 90. Whenever the Inspectors shall deem it neces- ^Lr^^' sary to re-examine any Teacher of a Primary School in Mdt^nnii ^^^^^ township, they shall give five days notice to such oerufloate. Toachor of the time and place of such re-examination, and of their intention to annul his certificate if they find him deficient in the requisite qualifications ; and at the time and place specified in the notice, if such Teacher shall not appear and submit to such re-examination, or if he shall be found deficient as aforesaid the Inspectors shall annul the said certificate. (Section 88.) 1. The requisition that the examination shall be public, would seem to demand that public notice should be given of the meeting. 2. Inspectors should require satisfactory testimonials of the good moral character of any person whom they license, if such person was previously unknown to them., (Bection 90.) 1. Should the Inspectors be convinced that the Teacher's non-appearance at the time fixed for his re- examination, was owing to serious sickness or unavoidable accident, they should give him another opportunity for examination. 2. No Teacher's certificate should be annulled on a mere report of incompetency ; but the Inspectors are bound to examine him, and, if necessary, visit his School and assure themselves personally of his deficiency. 3. Whenever the Inspectors shall have annulled a Teach- er's certificate, they ought immediately to notify the Dis- trict Board that had employed him, as no more public PRIMARY SCHOOL LAW. 203 Sec. 91. The whole number of meetings of said Board dumber of of Inspectors during any one year, at the expense of the solld!^^ ''^ township, shall not exceed six ; and whenever said Board shall meet for the purpose of forming or altering School^""*'?"* Districts, they shall cause the like notice to be given as iscaLs!" required for meetings to examine Teachers. Sec. 94. It shall be the duty of the Board of Inspectors laspectore to render to the Township Board, on the Tuesday next pre-to lownswp ceding the annual Township meeting, a full and true ac- ^**'^'''^- count of all moneys received and disbursed by them as such Inspectors, during the year, which account shall be settled by said Township Board, and such disbursements allowed, if the proper vouchers are presented. Sec. 95. [Repealed by act approved Feb. 15, 1S59.] CERTAIN DUTIES OF TOWNSHIP CLERK. Sec. 96. The Township Clerk shall be the Clerk of the^«ktf Board of School Inspectors by virtue of his office, and shall speTtow. attend all meetings of said Board, and under their direction prepare all their reports and record the same, and shall re- money can be paid him, and none drawn on account of his teaching. The contract made with a qualified Teacher becomes null and void by the annulling of his certificate. See Notes on section 39. {Sections 92 and 93.) [These sections, repealed by the act approved Februarj 14, 1859, provided for the estab- lishment of Graded School Districts by the Inspectors and the grading of the Schools. They also provided for en- larging the District Board cf such Districts. A new law for organizing enlarged Districts and grading Schools hav- ing been passed, these sections were repealed to prevent the confusion of an unnecessary variety of School organi- zations. Districts which have heretofore had enlarged Boards un- der these sections, must now go back to the common Dis- trict organization, or adopt the organization provided in the new law. See sections 147, 148, 149, 150 and 151. The repeal of these sectiens renders null sections 2382 23€3, page 758 Complied Laws.] 204 PRIMAET SCHOOL LAW. cord ail their proceedingSg including the names of Teach- ers to whom certificates shall have been given, with the date of each certificate, and the name of each Teaeher whose certificate shall have been annulled, with the date of such annulment. cieck to Sec. 97. On receiving notice from the County Treasurer IX^f°" of the amount of School moneys apportioned to his town- msaeys. gjj|p^ j^g g}jall apportion the same amongst the several Dis- tricts therein entitled to the same, in proportion to the number of children in each between the ages of four and eighteen years, as the same shall be shown by the annual report of the Director of each District for the School year last closed. Toapparti'n Sec. S8. Said Clerk shall also apportion, in like manner, s hooi mon qu recoiving notice of the amount from the Township Treas- t^Townthip urer, all moneys raised by township tax, or received from apjaruon!^ othor sourcos for the support of Schools, and in all cases (jseat. make out and deliver to the Township Treasurer a written statement of the number of children in each District draw- ing money, and the amount apportioned to each District, and record the apportionment in his ofiice. To k?e? Sec. 99. He shall receive and keep all reports to the In- spectors from the Directors of the several School Districts in his township, and all the books and papers belonging to the Inspectors, and file such papers in his office. To receive SoG. 100. He shall roceivo all such communications as ^commr may be transmitted to him by the Superintendent of Pub- books and papers {Section 97.) The Districts entitled to public moneys are those which have had a School taught by a " qualified Teacher" for three months during the preceding School year. No money should be apportioned to others. {Section 98.) 1. The money raised by the township tax of two mills on each dollar of taxable property, is, by the law of 1859, (see section 107,) to be apportioned to the Dis- tricts in which it was raised. If any part of said tax was ap- propriated for District Libraries, the Clerk should appor- tion such part to the several Districts on the same basis on which he apportions the Primary School moneys. 2. For directions for apportioning School moneys in the case of Fractional Districts, see Notes on sections 141 and PEIMARY SCHOOL LAW. 206 lie iDstruction, and dispose of the same in the manner di-ncatioM rected therein. iltrnleT'' Sec. 101. He shall transmit to the. County Clerk all suchTo tranemu reports as may be delivered to him for that purpose by the report.""'^ Inspectors, within the time limited in this chapter. Sec. 102. Each Township Clerk shall cause a map to be to make made of his township, showing by distinct lines thereon "fc?"^ ''**" the boundaries ot each School District, and parts of School Districts therein, and shall regularly number the same thereon as established by the Inspectors. Sec. 103. One copy of such map shall be filed by the said^o file copy Clerk in his office, and one other copy be shall file with deliver co^ the Supervisor of the township; and within one month ^jf"^^''' after any division or alteration of a District, or the organ- ization of a new one in his township, the said Clerk shall file a new map and copy thereof as aforesaid, showing the same. Sec. 104. The Clerk shall also certify to the Supervisor TocerWy the amount to be assessed upon the taxable property of b^Mrieoteci any School District retaising the District School-house or ""^''^'^^l^t other property, on tne division of the District, as the same shall have been determined by the Inspectors, and he shall also certify the same to the Director of such District, and to the Director of the District entitled thereto. Sec. 105. Said Clerk shall also be the Township Libra-aerktobe rian, and as such, shall have the custody of the Township ^'^''*''*°' Library; and he shall do and execute all such other acts and things pertaining to his office, as may be required of him by the Inspectors. OP TAXES FOR SCHOOL PURPOSES. Sec. 106. It shall be the duty of tho Supervisor of the AseefBment township to assess the taxes voted by every School Dis-tionofUMB trict in his township, and also all other taxes provided for ^<"^ '^°'^°°' in this chapter, chargeable against such District or town-^"^*^^ ship, upon the taxable property of the District or town- ship respectively, and to place the same on the township assessment roll in the column for School taxes, and the same shall be collected and returned by the Township Treasurer, , in the same manner and for the same compensation as town- ship taxes. {Section 106.) Serious errors have sometimes occurred in the assessment of taxes upon Fractional Districts. For Directions for assessing taxes upon such Districts, see sec- tion 84 and Notes. 206 PRIMARY SCHOOL LA.Vr. AssessBient. ggc. 107. The Supcrvisor shall also assess upon the tax- able property of his township two mills upon each dollar of the valuation thereof, in each year, and so much of the same as the qualified electors of said township shall decide by a majority vote, at the annual township meeting, shall ^o^g»ppi!ed]3e appiiefi to the purchase of books for the District or mined by Towuship Libraries, according to the provisions of law, and ^°'*" the remainder shall belong to the Districts in which it was raised for the support of Schools therein, and all mon- eys collected, by virtue of this act, on any property not in any organized School District of said township, shall be Hmr appor- apportioned to the several School Districts of said town- ^ ' ship, in the same manner as the Primary School fund is now apportioned. {Section 107.) 1. This section was materially modified by the act amending certain sections of the Primary School Law, approved February 15, 1859. It is not optional with the Supervisors to assess this tax. They are liable to each District for its share of the tax, for any neglect or failure to assess it. The one mill tax was raised to a two mill tax on the con- sideration that a District tax of a dollar for each scholar should be abolished. No more money will need to be raised for the support of Schools than before ; it will only be raised in a simpler, and, it is believed, an easier way. In- stead of coming through a District tax or rate bill, it will be raised at once by township tax. It was believed that this tax would nearly relieve the Schools from the evil eflfects of rate bills, which have so often broken up the Schools and annually prevented thon- sands of children from enjoying the opportunities for edu- cation. 2. Annually at the town meetings the voters are to be called upon to say how much of this tax shall go to the support of Libraries. It is to be hoped that this feature of the law will be changed, and some stated proportion of the tax set apart by law to support the Libraries. 3. The money raised by the two mill tax is not to be ap- PRIMARY SCHOOL LAW. '207 Sec. 108. The Supervisor, on delivery of the warrant for statement the collection of taxes to the Township Treasurer, shall ered to* ' also deliver to said Treasurer, a written statement of the wTth "vJ^- amount of School and Library taxes, the amount raised for ^'>*'*<'- District purposes on the taxable property of each District in the township, the amount belonging to any new District on the division of the former District, and the names of all persons having judgments assessed under the provisions of this chapter upon the taxable property of any District, with the amount payable to [each] such person on account thereof. Sec. 109. The Township Treasurer shall retain in his scbooi t*z hands, out of the moneys collected by him, after deducting ed b/tre»-' the amount of the tax for township expenses, the full "e'^^o"^. amount of the School tax on the assessment roll, and hold rant, etc. the same subject to the warrant of the proper District offi- cers, to the order of the School Inspectors, or of the per- sons entitled thereto. portioned, like that formerly raised by the one mill tax, to the Districts in proportion to the number of scholars in each, but the amount raised upon the property of any Dis- trict shall all be apportioned again to said District. So much of the tax as shall have been raised upon property not included in any organized District, (see section 71,) shall be apportioned to all the Districts in proportion to the number of children between the ages of 4 and 18 years in each. 4. The Library money when distributed to the Districts is to be apportioned in proportion to the number of chil- dren of legal School ages, in each. See " District School Libraries." 5. For mode of apportioning money to Fractional Dis- tricts, see section 141. 6. Money raised from the two mill tax is public money, and can only be used for the payment of the wages of " qualified Teachers." (Sections 109 and 110.) For directions in regard to mo- neys belonging to Fractional Districts, see sections 141 and 142. 208' PBIMARY SCHOOL LAW. i!owD8iiip Sec. 110. Said Treasurer sLall, from time to time, apply appi7toCo*to the couoty treasurer for all School and Library moneys SoaejsTeto^beloDging to liis towDsMp, or the Districts thereof; and on receipt of the moneys to be apportioned to the Districts, he shall notify the Township Clerk of the amount to be ap- portioned. CERTAIN DUTIES OP THE COUNTY CLERK. ^ehl^a^Bd' ^®^* ^^^' ^^ shall be the duty of each county clerk to re- .dispose of ceive all such communications as may be directed to him by torfro^ the Superintendent of Public Instruction, and dispose of ^peiinten- i}^q same in the manner directed by said Superintendent. €o.'c]erk to Sec. 112. The clerk of each county shall, immediately ^raJt'nd^nt after receiving the annual reports of the several boards of School Inspectors, transmit to the Superintendent of Pub- lic Instruction one of the duplicate reports of each of the said several Boards, and the other he shall file in his office ; and on receiving notice from the Superintendent of the Notice cf amount of moneys apportioned to the several townships in *8°ap^°' liis county, he shall file the same in his office, and forthwith tjoned. deliver a copy thereof to the county treasurer. Sec. 113. [This section has been repealed.] LIBRABIES. library to Sec. 114. A Towuship Library shall be maintained in edkTeadli" each orgauzcd township in this State, which shall be the township, property of the township, and the parents and guardians of all children therein, between the ages of four and eighteen years, shall be permitted to use books from such Library without charge, being responsible to the township for the safe return thereof, and for any injury done thereto, according to such rules and regulations as are or may be established by the Board of School Inspectors of the town- ship. Books to be Qqq 215. The books in such Library shall, once in three orawa once , r^, .''. tm inihree mouths, be distributed by the lownship Librarian among ^urned'by the SBVcral School Districts of the township, in proportion i»c6ctoM. iq ii^Q number of children in each between the ages afore- said, as the same shall appear by the last report of the Di- (Sedion 114.) The District Library Law (see Ist see- tion, District School Libraries,) enacted in February, 1859, modifies the force of this section so that it is no longer obligatory upon those township3 having District Libraries to maintain a Township Library. PBIMARY SCHOOL LAW. 20d rector thereof, and said books shall be drawn and returned by the several Directors for their respective Districts. Sec. 116. The clear proceeds of all fines for any breach proceeds of of the penal laws of this State, and for penalties, or upon traXo*-'*" any recognizances in criminal proceedings, and all equiva- Jjoned by lents for exemption, from military duty, when collected in er amopg'*'' any county, and paid into the county treasury, together fo^purchase with all moneys heretofore collected and paid into said of tooks. treasury, on account of such fines or equivalents, and not already apportioned, shall be apportioned by the county treasurer, between the first and tenth days of April in each year, among the several townships in the county, ac- cording to the number of children therein, between the ages of four and eighteen years, as shown by the last an- nual statement of the county clerk on file in his office ; which money shall be applied to the purchase of books for the Township Library, and for no other purpose. Sec. 117. In each District in which a District Library Director to has been established, the Director shall, as the Librarian ^j,o^^''"f ^i^. of the District, distribute the books therein to the children trict library of his District of proper age, and shall collect from the damagii^for parents or guardians of such children, all such damages as ["•"^n^booka they may respectively become liable to pay on account of belonging to any injury done to, or loss of, or neglect to return any of brl°y^'^ such books, or any books belonging to the Township Li- brary, pursuant to such rules and regulations as shall be prescribed by the Board of School Inspectors. Sec. 118. If such damages shall have occurred by reason Damages to of any injury to, or loss of, or neglect to return any books c^ectld^"^ belonging to the Township Library, they shall be collected and applied. in the name of the township, and paid into the Township Treasury for the benefit of such Township Library, and if {Sections 115 and 116.) 1. For limitations of section 115, see section 143 ; and also in case of Fractional Districts, sections 82 and 83. 2. In case a township has adopted the District Library system, the moneys received from fines, &c., is to be appor- tioned to the Districts and parts of Districts, severally. [Sections 117 and US.) All of these sections that relates to District Libraries, is rendered obsolete and void by the later law of 1859. That which relates to Township Libra- ries is still in force. 27 210 PRIMAEY SCHOOL LAW. the same shall have accrued by reason of any injury to, or loss of, or neglect to return any books belonging to the District Library, the same shall be collected in the name of the District, for the benefit of the District Library, DISTRIBUTION OF THE INCOME OP THE SCHOOL FUND. Interest of Soc. 119. The interest of the Primary School Fund shall tobe°dIs™^be distributed on the first Monday of May, or as soon buted. thereafter as is practicable, in each year, for the support of Primary Schools in the several townships in this State, from which reports have been received by the Superin- tendent of Public Instruction, in accordance with the pro* visions of this chapter, for the School year last closed, in Payable to proportiou to the number of children in such townships, MS on war- betweou the ages of four and eighteen years ; and the Genwlf^^" ^^^^ shall be payable on the warrant of the Auditor G-en- eral to the Treasurers of the several counties. erto^ecewe' ^^^' ^-^- ^^^ several Couuty Treasurers shall apply for moneys and and roccive such moneys as shall have been apportioned of ea^c'ff " to their respective counties, when the same shall become township. ^^Q . ^^^ each of said Treasurers shall immediately give notice to the Treasurer and Clerk of each township in his county, of the amount of School moneys apportioned to his township, and shall hold the same subject to the order of the Township Treasurer. Sec. 121. [This section has been repealed.] jnsticea to Scc. 122. Justices of the Peace shall have jurisdiction in Ifetiori™' all cases of assumpsit, debt, covenant, and trespass on the certain ^^80 agaiust School Districts, when the amount claimed, or matter in controversy shall not exceed one hundred dol- lars, and the parties shall have the same right of appeal as in other cases. Suit against Sec. 123. When any suit shall be brought against a ^ommencel School Dlstrict, it shali be commenced by summons, a copy of which shall be left with the Assessor of the District, at least eight days before the return day thereof. tiontoS'ue Sec. 124. No execution shall issue on any judgment agamst dia- p^g^inst a School District, nor shall any suit be brought {Sections 119 and 120.) No township can share in this distribution unless it has made the requisite annual report ; fend no District that has not had a School taught therein by a qualified Teacher for three months during the School year last closed. PRIMARY SCHOOL LAW. 211 thereou, but the same shall be collected in the manner prescribed in this chapter. Sec. 125. "Whenever any final judgment shall be obtained ^"^inTt°to- against a School District, if the same shall not be removed tricttobe to any other court, the assessor of the District shall cer- gu^efyi^ol^ tify to the Supervisor of the township, and to the Director ^^ aeseesor. of the District, the date and amount of such judgment, with . the name of the person in whose favor the same was ren- dered, and if the judgment shall be removed to another court, the Assessor shall certify the same as aforesaid, im- mediately after the final determination thereof against the District. Sec. 126. If the Assessor shall fail to certify the judgment 'f. assessor as required in the preceding section, it shall be lawful for ttfy, party" the party obtaining the same, his executors, administrators "aJ^ffj^om or assigns, to file with the Supervisor the certificate of ji^sticeor the justice or clerk of the court rendering the judgment, showing the facts which should have been certified by the Assessor. Sec. 127. If the District against whom any such judgment if district in shall be rendered, is situated in part in two or more town- |o^q7iii>^ ships, a certificate thereof shall be delivered as aforesaid certificate to the Supervisor of each township in which such District to supesvi- is in part situated. _ _ ... '°"'^^'''^- Sec. 128. The Supervisor or Supervisors receiving either supemswa of the certificates of a judgment as aforesaid, shall proceed Imounfof to assess the amount thereof, with interest from the date of Ju-igFi^nt the judgment to the time when the warrant for the coUec-est; how tion thereof will expire, upon the taxable property of the and'^re^tum- District, placing the same on the next township assessment ^^ roll, in the column for School taxes, and the same proceed- ings shall be had, and the same shall be collected and re- turned in the same manner as other Distriet taxes. PENALTIES AND LIABILITIES. Sec. 129. Every taxable inhabitant receiving the notice Peaaity for mentioned in the first and second sections of this chapter, fe^feTve m- who shall neglect or refuse duly to serve and return such^^^^^^rst notice, and every Chairman of the first District meeting in etc. any District, who shall willfully neglect or refuse to per- form the duties enjoined on him in this chapter, shall res- pectively forfeit the sum of five dollars. Sec. 130. Every person duly elected to the oflice of Mod- Penalty on. erator. Director or Assessor of a School District, who shall o^rg"or nog- neglect or refuse, without sufficient cause, to accept guch^**'''®**= office and serve therein, or who, having entered upon the duties of his office, shall neglect or refuse to perform any 212 PRIMABY SCHOOL LAW. duty required of him by virtue of Ms office, shall forfeit the sum of ten dollars. Sptltorg ^®^- 1^1' Every person duly elected or appointed a not quaii- School Inspector, who shall neglect or refuse, without suffi- te^kt^d^t^y cient cause, to qualify and serve as such, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by virtue of his of- fice, shall forfeit the sum of ten dollars. lhooi''L ^^^'- ^^2° If ^^y Board of School Inspectors shall neglect spectors lia- or rofuso to make and deliver to the township clerk their 3ect.°' °^^" annual report to the county clerk, as required in this chap- ter, within the time limited therefor, they shall be liable to pay the full amount of money lost by their failure, with interest thereon, to be recovered by the Township Treas- urer in the name of th^ township, in an action of debt, or on the case. [See section 79.] ciCTkM^- ^®^* ^^^' ^^ ^^y township clerk shall neglect or refuse jeoting to to transmit the report mentioned in the preceding section., porte™iiiwe to the couuty clerk, as required in this chapter, he shall 3^t™°"°^ be liable to pay the full amount lost by such neglect or re- fusal, with interest thereon, to be recovered in the manner specified in the preceding section. Co. clerk Sec. 134. Every county clerk who shall neglect or refuse toSlke"ln.to transmit the report required in this chapter, to be made labiVfor '^*' ^y ^^^ ^^ *^® Superintendent of Public Instruction, within amountiost. the time therefor limited, shall be liable to pay to each township the full amount which such township, or any School District therein, shall lose by such neglect or refu- sal, with interest thereon, to be recovered in the manner specified in the last two preceding sections. Money col- Soc. 135. All the mouoys collected or received by any count of "^ township treasurer under the provisions of either of the ^o^Y'oI^^^^e last preceding sections, shall be apportioned and distributed to the School Districts entitled thereto, in the same manner, and in the same proportion, that the moneys lost by any neglect or refusal therein mentioned would, according to the provisions of this chapter, have been ap- portioned and distributed. Sec. 136. The Township Board of each township shall The following decisions of courts, copied from page 420, School Laws, published by Hon. Francis W. Shearman, Superintendent in 1852, will throw light upon the sections relating to penalties : Officers required by law to exercise their judgments, are PRIMARY SCHOOL LAW. 218 have power, and is hereby required, to remove from office, Removal of. opon satisfactory proof, after at least five days' notice tome^useof the party implicated, any District officer or School Inspec- ™°°^^ tor who shall have illegally used or disposed of any of the public moneys entrusted to his charge. not answerable for mistakes of law, or mere errors of judg- ment, without any fraud or malice. — Jenkins vs. Wcddron^ 11th Johnson's Beports, 114. A public officer who is required by law to act in certain cases, according to his judgment or opinion, and subject to penalties for his neglect, is not liable to a party for an omission arising from a mistake or want of skill, if acting in good faith. — Seaman vs. Paten, 2d Gaine's Reports, 312. But an officer entruiited by the common law or by stat- ute, is liable to an action for negligence in the performance of his trust, or for fraud or neglect in the execution of his office. — Jenner vs. JoUff'e, 9 John. Rep. 381. The collector or other officer who executes process, has peculiar protection. He is protected, although the court or officer issuing such process have not, in fact, juris- diction of the case ; if, on the face of the process, it ap- nears that such court or officer had jurisdiction of the sub- ject-matter, and nothing appears in such process to apprise the officer but that there was jurisdiction of the person of the party affected by the process. — Savacool vs. Boughton, 5 WenddVs Reports, 170.— [A^. T. Dec. In a decision of the Supreme Court of New York. (5 Wendell, p. 234,) the Court said : "It will be obs|rved that these cases do not go upon the ground that the claim by an individual to be a public offi- cer, and by acting as such, is merely prima facie evidence that he is an officer de jure, (of right,) but the principle they establish is this : that an individual coming into office by color of an election or appointment, is an officer defacto, (in fact,) and his acts in relation +o the public, or third ^ev- 214 PRIMAEY SCHOOL LAW. MISCELLANEOUS PROVISIONS RELATING TO PRIMARY SCHOOLS. I'ersoi's^^^ Sec. 137. Any person paying taxes in a Scliool District ir^"district in which he does not reside, may send scholars to any Dis- ^*ifoof"and trict School therein, and such person shall, for that pnr- ^ere^'"^ pose, have and enjoy all the rights and privileges of a resident of snch District, except the right of voting therein, and shall be rated therein for Teachers' wages and fuel, and in the census of such District, and the apportionment of moneys from the School fund, scholars so sent, and gen- erally attending such School, shall be considered as be- ProTiso; longing to such District : Provided, That a majority of the qualified voters attending at any regular meeting in the District in which such person resides, shall have deter- mined that no School shall be taught in said District for the year : Or provided further, That such persons shall not reside in any organized School District, mendis- Sec. 138. Whenever any portion of a School District ^^ded'^&f'' shall be set off and annexed to any other District, or organ- seLldYnd ^^^^ '^^^^ ^ ^^^ ^^^' after a tax for District purposes other not collect- thau the payment of any debts of the District shall have coiie^t7d^*^been levied upon the taxable property thereof, but not tion/d^^*" collected, such tax shall be collected in the same manner as if no part of such District had been set off, and the said former District, and the District to which the portion so set off may be annexed, or the new District organized from such portion, shall each be entitled to such proportion of said tax as the amount of taxable property in each part thereof bears to the whole amount of taxable property oil which such tax is levied. District in ;:i«ec. 139. For the purpose of apportioning the income of twn°hi>rthe Primary School Fund among the several townships, a sons, are valid until he is removed, although it be conceded that his election or appointment was illegal." " In the case of Trustees and Collectors of School Districts.^ general reputation of their being such officers, and proof of their acting as such, is prima facie sufficient, without producing evidence of their election, especially where there is evidence of their acting under color of an election."— (7 Wendell Rep. f. 341.) {Se-ction 139.) The latter part of this section, included in brackets, is virtually repealed by the amendment of PRIMARY SCHOOL LAW. 215 District situated in part in two or more townships shall t)e»icomeof considered as belonp:;ing to the township to which the an- how"appor- ' nnal report of the Director is required to be made ; [but """^'^ ®*°' money raised in any one of such townships for the support of Schools therein, shall be apportioned to the Districts and parts of Districts therein, according to the number of children of the proper age in each.] Sec. 140. If any Supervisor shall neglect or refuse to^^PfJ^^." assess the taxes provided for in section one hundred and nei^iect to seven, of chapter fifty-eight, of the Revised Statutes, he taiTtaxeV. shall be liable to pay to any School District the full amount ^°'^^°^ lost to such District by such neglect or refusal, with the interest thereon, to be recovered by the Assessor in the name of the School District, in an action of debt, or on the case. Sec. 141. The Supervisor of each township, on the de- supervisor livery of the warrant for the collection of taxes to the statement Township Treasurer, shall also deliver to said Treasurer a|^e^°^°fjPf written statement, certified by him, of tho amount of the certain taxes levied under section one hundred and seven of saidseo. ios chapter, upon any property lying within the bounds of a**"*^®" fractional School District, a part of which is situate within his township, and the returns of which are made to the Clerk of some other township ; and the said Township Treasurer shall pay to the Township Treasurer of such other township the amount of the taxes so levied and cer- tified to him for the use of such fractional School District. Sec. 142. Each Treasurer of a township, to the Clerk of section 107. Money now raised in any township for the support of Schools therein, is counted as belonging to the Districts in which it is raised, each District receiving back all it paid of such tax, except in case of Library money. {Section 140.) The section numbered 140 in the Com- piled Laws having been repealed by the act amending the School Law, approved Feb. 15, 1859, the numbering of the sections added by various acts to the School Laws is begun with this number. This section, with the three following, was passed April 2, 1850. (Sections 141 and 142.) These sections, together with section 139, give the rule for the apportionment of School moneys to fractional Districts. In making the apportion- 216 PSIMARY SCHOOL LAW. Town treas- whicli tlie retums of any fractional School District shall nrer's du- ^^ made, shall apply to the Treasurer of any other town- ship in which any part of snch fractional School District may be situate, for any money to which such District may Taxes in ^® entitled; and when so received it shall be certified to fractional the Towuship Clerk, and apportioned in the same manner as other taxes for School purposes. School In- Sec. 143. The Board of School Inspectors shall have ^y'sns- power to suspend the operation of section one hundred and operatton of fi^eon of Said chapter, whenever they shall be of opinion section 115. that the convenience or the interests of the people of their township will be promoted thereby, and to restore the same, as in their judgment they shall think best. Sec. 144. The words " qualified voters," as used in chap- ter fifty-eight of the revised statutes of eighteen hundred ment of School moneys, a fractional District is to be treated as if belonging wholly to the township in which its School- house is situated, and to which the annual report of the Director is to be made. But as no Supervisor can assess, or Township Treasurer collect, taxes upon property lying outside of their own township, the taxes upon each frac- tion of the District, must bo assessed and collected by the officers of the township in which such fraction is situated* The taxes once collected, they are all to be paid over to the Treasurer of the township in which the School-house is situated. All the public moneys belonging to the frac- tional District having thus come into the hands of the Treasurer of the township to which such District is counted as belonging, the Clerk of such township apportions the money to the District as if the entire District had been moved bodily into the township. All the money due from the Primary School fund to such District comes directly to the Treasurer of the township in which the School-house stands. (Section 143 ) In case of the suspension of section 115. any resident of the township may draw books directly from the township library, uuder such regulations as the Inspec- tors mav establish. PRIMARY SCHOOL LAW. 217 forty-six, entitled '' Of Primary Scboois," except In the wuo are fifth section thereof, shall be taken and construed to mean vouw'^n and include all taxable persons residing in the District of f^.^°°'°'^ the age of twenty-one years, and who have resided therein for the period of three months next preceding the time of voting. Sec. 145. In all cases where the Board of School Iu8pec-.^*^ooi la. tors of any township shall form a School District therein, speetors and where no election for School District officers shall be potnt ins- held, and where any School District shall neglect or refuse „"« '^^' to elect, at the proper time, the necessary School District officers, it shall be the duty of the Township Board of School Inspectors of the township in which such District is situated to appoint the officers of such District from among the male persons residing in such District, of the age of twenty-one years, who are tax payers therein ; which officers thus appointed shall severally file with the Direc- tor a written acceptance of the offices to which they shall ^^",^"g°g^' have been appointed, which shall be recorded by the Di- rector. Sec. 146. Every such School District shall be deemed ^^"Kfl- duly organized, when any two of the officers thus appoint- tob«or^- ed shall have filed their acceptance as aforesaid ; and euch'"*^ School District and its officers shall be entitled to all the rights, privileges and immunities, and be subject to all the duties and liabilities conferred upon School Districts by law. GRADED AND HIGH SCHOOLS. Sec. 147. Any District containing more than two hun- District dred children between the ages of four and eighteen years, may elect a District Board consisting of six Trustees : Provided^ The District shall so determine at an annual meeting, by a vote of two thirds of the voters attending such meeting. When such a change in the District Board Term of 9f- shall have been voted, the voters at such annual meeting te«s shall proceed immediately to elect two Trustees for a term of one year, two for a term of two years, and two for a term of three years ; and annually thereafter two Trustees shall be elected, whose term of office shall be three years. Sections 144, 145 and 146 were passed February 8, 1855. Section 145 is applicable only to neidy organized Districts. In Districts in which an election has once properly been held, vacancies occurring in the District Board must be filled as provided in section 66. 2S 218 PBIMAEY SCHOOL LAW, Officers to I Sec. 148. WitMn ten days after their election, said Trns- ^tooard^'tees ghall file with the Director a written acceptance of the office to which they have been elected, and shall an- nually elect, from their own nnmber, a Moderator, a Di- rector, and an Assessor, who shall perform the duties prescribed by law for snch officers, except as hereinafter Tacancies. provided. Said Board shall have power to fill any vacancy that may occur in their number, until the next annual meeting. «onof*'*" ^^^* ^^^' ^^^^ Trustees shall have power to classify and scholars, grade the scholars in such District, and cause them to be taught in such Schools or departments as they may deem ffigh school. Q2:pedient ; to establish in said District a High School, Sections 147, 148, 149, 150 and 151, were passed Feb, 14, 1859. (Sections 147 and 14S.) 1. This law takes the place of the old law for Union or Graded Schools, which was em- braced in Sections 92 and 93, now repealed. The Dis- tricts organized under those sections, with the enlarged Board, will now find it necessary to adopt the organization here provided, or go back to the common organization with the three ordinary District officers. There is no longer any authority for the election of four Trustees in addition to the common District Board. 2. The authority to contract with Teachers rests with the entire Board instead of the Director. (Section 149.) 1. It will be seen that the powers of th« Board embrace some provisions heretofore vested in indi- vidual officers, and some which have been exercised by the Districts at large. 2. Even resident pupils can be charged a fixed rate of tuition in the High School, but not in the ordinary grades. Tuition of resident pupils in the High School is to be col- lected by the Assessor as any other rate bill ; or, it may be required as that of non-resident pupils, in advance. 3. The High School may be merely an advanced depart- ment taught in the same building with the ordinary grades, but not in the same room. PRIMARY SCHOOL LAW. 219 when ordered by a vote of the District at any annual meeting, and to determine the qnalifications for admission to such School, and the prices to be paid for tuition in any Tuition, branches taught therein ; to employ all Teachers necessary for the several Schools of said District; to prescribe courses of studies and text books for the use of said Schools, Textbooks, and to make such rules and regulations as they may think covem- needful for the government of tho Schools, and for the""*"'^* preservation of the property of the District; and also to determine tho rates for tuition to be paid by non-resident pupils attending any School in said District. Sec. 150. The said Trustees shall present, at each annual ^^^°"a' meeting, a statement in writing of all receipts and expen-ofreMipts ditures on behalf of the District, for the preceding year, dUnr^cY^" and of all funds then on hand, and an estimate of the^'^timatefor amounts necessary to be raised by the District, in addition '^*™°^^''" to the money to be received from the Primary School fund and other sources, for the support of the Schools of said District for the ensuing year, and for the incidental ex- penses thereof; and the said District may, at each annual ^'^tnct may meeting, vote such sums to be raised by tax, upon thelup^port taxable property of the District, as may be required to""^'-"*^' maintain the several Schools thereof, for the year. Sec. 151. Any two or more contiguous Districts mayirmonof unite to form a single District, for the purpose of estab-'^'''^''°*^- lishing Graded or High Schools, under the provisions of this act, whenever the said Districts shall severally, by a two-thirds vote of the legal voters attending the annual meeting in said Districts, agree thereto^ Provided, The {Section 150.) The powers granted to the District in this section authorize it to raise by tax a sufficient sum to make all the Schools in the District free for the year. (Section 151.) 1. As this law does not limit the extent of territory which may be embraced in the District, and as the organization is essentially different from that of the ordinary District, the limitation to nine sections of land does not apply here. 2. If the voters prefer, they may still apply to the In- spectors to alter the boundaries of the Distriot so as to embrace the requisite number of children ; and this must be done in all cases where the entire territory of the Dis- tricts to be united is not included. two-tturds ■rote nate site. 220 PRIMARY SCHOOL LAW. intention to take such vote shall have been expressed in the notices ot such annual meeting's : Provided, further, That the number of scholars in such Districts, when rmited, shall not be less than two hundred. SOHOOL HOUSE SITES. — ADDITIONAL PROYISIOMS. I^^lte^'^ Sec. 152, The qualified voters in any School District, hav- sitefor ins^ more than three hundred children between the aj^es of iiouse'by four and eighteen years, residing in such District, shall have power, when lawfully assembled, to designate by a vote of two-thirds of those present, any number of sites for School-houses, including a site for a Union School- house, and to change the same by a similar vote, at any regular meeting : Provided, That the whole number of sites or School-houses in any one District shall not exceed five : wiieaKs- Provided, further, That in case two- thirds cannot agree maydesig- upou a Site lor Said School-house, that a majority oi the voters of said District shciil have power to instruct the Disti'ict Board to locate said site. Sec. 153. Whenever a site for a School-house shall be how aJcw-^' designated, determined or established, in any manner pro- tamed, vided by law, in any School District, and such District shall be unable to agree with the owner of such site upon the compensation to be paid therefor, or in case such Dis- trict shall, for any cause, be unable to purchase or procure a title to such site, the District Board of such District may authorize any one or more of its members to apply to the Circuit Judge, if there be one in the county, or to a Cir- cuit Court Commissioner of the county, or to any Justice of the Peace of the city or township in which such School District shall be situated, for a jury to ascertain and deter- mine the just compensation to be made for the real estate required by such School District for such site, and the ne- Appiieatioa cessity for using th^e same, which application shall be m for jury writing, and shall describe the real estate required by such District as accurately as is required in a conveyance of real estate. Jury to be ggc. 154. It shall be the duty of such Circuit Judge, Cir- cuit Court Commissioner, or Justice of the Peace, upon such application being made to him, to issue a summons or ven- [Sections 152 to 170 inclusive, were passed Feb. 7, 1855. Compiled Laws, page 762.] For other provisions in reference to School-house sites, see sections 13, 19, 20, 21 and 59. summoned. PRIMARY SCHOOL LAW. 221 ire, directed to the Slierlff or any Constable of the county, commanding him to summon eighteen freeholders residing in the vicinity of such site, who are in nowise of kin to the owner of such real estate, and not interested therein, to appear before such Judge, Commissioner or Justice, at the time and place therein named, not less than twenty, nor more than thirty days from the time of issuing such sum- mons or venire, as a jury to ascertain and determine the just compensation to be made for the real estate required by such School District for such site, and the necessity for using the same, and to notify tho owner or occupant ofo^nM-tobe such real estate, if he can be found in the county, of the time when and the place where such jury is summoned to appear, and the object for which said jury is summoned; which Hotice shall be served at least ten days before the time specified in such summons or venire for the jury to appear, as hereinbefore mentioned. ' Sec. 155. Thirty days' previous notice of the time when, ^^°*j**^^gj.j, and the place whore such jury will assemble, shall be given owner ;sud. by the District Board of such District, where the owner or^"""^"^- owners of such real estate shall be unknown, non-residents of the coanty, minors, insane, non compos mentis, or inmates of any prison, by publishing the same m a newspaper published in the county where such real estate is situated; or if there be no newspaper published in such county, then in some newspaper published in the nearest county where a newspaper is published, once in each week for four suc- cessive weeks, which notice shall be signed by the District Board, or by the Director or Assessor of such District, and shall describe the real estate required for such site, and state the time when, and place where such jury will as- semble, and the object for which they will assemble, or such notice may be served on such owner personally, or by leaving a copy thereof at his last place of residence. Sec. 156. It shall be the duty of such Judge, Commis- R«tMn o', -r . • T r ,1 J • remre, and 3ioner or Justice, and of the persons summoned as jurors, the pro- as hereinbefore provided, and of the Sheriff or Constable t^loi! summoning them, to attend at the time and place specified in such summons or venire ; and the officer who summoned the jury shall return such summons or venire to the officer who issued the same, with the names of the persons sum- moned by him as jurors, and shall certify the manner of notifying the owner (or owners) of such real estate, if he was found, and if he could not be found in said county, he shall certify that fact ; either party may challenge any of the said jurors for the same causes as in civil actions. If more than twelve of said jurors in attendance Shall be found 222 PRIMARY SCHOOL LA.W. process. Jury to be sworn. qualified to serve as jurors, the officer ia attendance, and who issued the summons or venire for such jury, shall strike from the list of jurors a number sufficient to reduce the number of jurors in attendance to twelve ; and in case less than twelve of the number so summoned as jurors shall attend, the Sheriff or Constable shall summon a sufficient number of freeholders to make up the number of twelve ; and the officer issuing the summons or venire for such jury, Attaciiment maj issuo an attachment for any person summoned as a SceTbe^jnror who shall fail to attend, and may enforce obedience fi!!!.°!„*° to such summons, venire or attachment, as Oourts^ of Record or Justice's Courts are authorized to do in civil cases. Sec. 157. The twelve persons selected as the jury shall be duly sworn by the Judge, Commissioner or Justice in attendance, faithfully and impartially to inquire, ascertain and determine, the just compensation to be made for the real estate required by such School District for such site, and the necessity for using the same in the manner pro- posed by such School District, and the persons thus sworn shall constitute the jury in such case. Subpoenas for wit- nesses may be issued, and their attendance compelled by such Circuit Judge, Commissioner or Justice, in the same manner as may be done by the Circuit Court or by a Jus- tice's Court in civil cases. The jury may visit and examine the premises, and from such examination and such other evidence as may be presented before them, shall ascertain and determine the necessity for using such real estate in the manner and for the purpose proposed by such School District, and the just compensation to be made therefor ; and if such jury shall find that it is necessary that such real estate shall be used in the manner or for the purpose proposed by such School District, they shall sign a certifi- cate in writing, stating that it is necessary that said real estate (describing it) should be used as a site for a School- house for such District, also stating the sum to be paid by such School District as the just compensation for the same. The said Circuit Judge, Circuit Court Commissioner, or Justice of the Peace, shall sign and attach to, and endorse upon the certificate thus subscribed by the said jurors, a certificate stating the time when, and the place where, the said jury assembled, that they were by him dulyswornas herein required, and that they subscribed the said certifi- cate ; he shall also state in such certificate who appeared for the respective parties on such hearing and inquiry, and shall deliver such certificate to the Director, or to any member of the District Board of such School District. Sabpoeaa for TTitaeases. Jury to de • termine ne- cessity for taking land and com- pensation tberefor. Court to make cer- tifieabe. PEIMABY SCHOOL LAW. Sec. 158. Upon filing such certificate in the Circuit Judgment: Oourt of the county where such real estate is situated, tuereVt"" such Court shall, if it finds all the proceedings regular, render judgment for the sum specified in the certificate signed by such jury, against such School District, which judgment shall be collected and paid in the manner as other judgments against School Districts are collected and paid. Sec. 159. In case the owner of such real estate shall bewhenowner unknown, insane, non compos mentis, or an infant, or oannot "t "f moJ^' be found within auch county, it shall be lawful for the s^'i^^ -t" ^^fth*^" School District to deposit the amount of such judgment treaaarer. ' with the County Treasurer of such county, for the use of the person or persons entitled thereto ; and it shajl be the duty of such County Treasurer to receive such money, and at the time of receiving it to give a receipt or certificate to the person depositing the same with him, stating the time when such deposit was made, and for what purpose ; and such County Treasurer and his sureties shall be liable on his bond, for any money which shall come into his hands under the provisions of this act, in case he shall refuse to pay or account for the same as herein required : Provided, That no such money shall be drawn from such County «<>«• to be m 1 n , ^ /~i' • 1. /-i JL drawn Crom Treasurer, except upon an order ot the Circuit Court, co. trsaa- Circuit Court Commissioner, or Judge of Probate, as'"®'^" hereinafter provided. Sec. 160. Upon satisfactory evidence being presented to ou payment the Circuit Court of the county where such real estate lies, decreeThJt that such judgment, or the sum ascertained and determined title be vest- by the jury as the just compensation to be paid by such District District for such site, has been paid, or that the amount thereof has been deposited according to the provisions of the preceding section, such Court shall by an order or de- cree, adjudge and determine, that the title in fee of such real estate shall, from the time of making such payment or deposit, forever thereafter be vested in such School Dis- trict and assigns ; a copy of which decree, certified by the Clerk of said county, shall be recorded in the office of the Register of Deeds of such coanty, and the title of such real estate shall thenceforth, from the time of making such payment or deposit, be vested forever thereafter in such ' School District and its assigns in fee. Sec. 161. Such School District may, at any time after when oa- making the payment or deposit hereinbefore required, en-po«e^i^* ter upon, and take possession of such real estate, for the use of said District. 224 PRIMAKY SCHOOL LAW. Sec. 162. In case the jury hereinbefore provided for shall not agree, another jury may be snmmoned in the same manner, and the same proceedings may be had, except that no further notice of the proceedings shall be necessary ; but instead of such notice, the Judge, Commissioner, or Justice, may adjourn the proceedings to such time as he shall think reasonable, not exceeding thirty days, and shall make the process to summon a jury returnable at such time and place as the said proceedings shall be adjourned to ; such proceedings may be adjourned from time to time hj the said Judge, or Commissioner, or Justice, on the ap- plication of either party, and for good cause, to be shown by the party applying for such adjournment, unless the other party shall consent to such adjournment ; but such adjournments shall not in all exceed three months. ADDITIONAL POWEES OP GRADED OR UNION SCHOOL DISTRICTS. District^ Sec. 163. The District Board of any School District shall ^^Im^at have power to fix the amount of tuition to be paid by non- ^^*^^|^°°^° resident scholars attending any of the Schools in said Dis- sehoiars ia fcrict ; and in cases where there shall be a Union School in certain cases. Make laws for school . When JBjy Baanot a^ee, pro- se edings aiay be ad }Ourned,a!id Eew jury sHcainoDerl. Apjoarn ment not 1o exceed three months any such District, to be paid by scholars attending such Union School, and to make and enforce suitable by-laws and regulations for the government and management of such Union School, and for the preservation of the prop- erty of such District. Such District Board shall also have power to regulate and classify the studies, and prescribe the books to be used in such School. {Section 163.) 1. The term "Union School" means sim- ply a Graded School, and is usually understood as embrac- ing also a High School department. The powers conferred in this section, are given to any District, without regard to the form of the District Board. 2. In case the District Board do not fix any rate of tui- tion to be paid by non-residents, such pupils must be charged at the same rates as resident pupils upon the rate bill ; except that non-resident pupils have no claim to share in the public money applied to reduce the rate bills of resident scholars. 3. Non-resident Scholars. — No scholars are to be counted PRIMARY SCHOOL LAW. 225 Sec. 164. No alteration shall be made in the boundaries How ijou^a.. of any School District, having a Union School, without the trkTaite«* written consent of a majoiity of the District Board of such District. as resident who merely enter the District for the purpose of attending the School, while their parents or legal guar- dians continue to reside elsewhere. Merely boarding in the District while attending School, or hiring to work for some one within the District and to attend School, cannot constitute any scholar a resident. See State Constitution, Art. 7, Sec. 5. 4. The powers expressed in the last clause of this sec- tion were probably designed to be granted to District Boards having charge of a Union School ; but as no defini- tion of a Union School is given, they may, without violence, be interpreted as belonging to any common District which may find occasion to have their School taught in two or more departments ; this constituting, in the ordinary accep- tation of the term, a Union School. 5. The authority to prescribe the text books to be used in the District Schools, which, by the nature and necessity of the case, vests in the District Board, as has been decided in the State of New York, is by this section given ex- pressly to the Board. The custom of allowing each parent or pupil to decide what books the pupil shall use, is the source of endless confusion and greatly hinders the pro- gress of the Schools. The wishes of the Teacher, espe- cially if he is employed permanently or for a protracted term, should be carefully consulted, as the text books are his tools for work, and a man will usually work best with tools of his own choice ; but the policy of allowing every Teacher who comes to tarry for three months, to in- troduce some new book, is of doubtful expediency. The great diversity of text books, found frequently in the Dis- trict School, is one of the most serious evils in our system of instruction. District Boards should carefully adopt 29 226 PRTMAEY SCHOOL LAW. Districts Sec. 165. Any School District having more than three thwe^hun- hundred children, between the ages of four and eighteen wn^bet'we^en J^^'^'s, residing in such District, shall have power and an- fourand thoritj to borrow money to pay for a site for a Union yeirsfmay School-hoiise, to oroct buildings thereon, and to furnish borrow mo- -q^q game, by a vote of two-thirds of the qualified voters of said District present at any annual meeting, and by a like of amount '^^^^ ^^ ^^7 Other regular meeting : Provided, That the times of holding such meetings shall not be less than five days, nor more than six months apart, and that the whole debt of any such District, at any one time, for money thus borrowed, shall not exceed fifteen thousand dollars. fe°p™a''^ Sec. 166. The Circuit Judge, Judge of Probate, or Cir- with county cuit Court Commissiouer of any county where any money may^be^' has been deposited with the County Treasurer of such drawn from couuty, as hereinbefore provided, shall upon the written application of any person or persons entitled to such mo- ney, and upon receiving satisfactory evidence of the right of such applicant to the money thus deposited, make an or- der, directing the County Treasurer to pay the money thus deposited with him to said applicant ; and it shall be the duty of such County Treasurer, on the presentation of such order, with the receipt of the person named therein en- dorsed on said order, and duly acknowledged, in the same manner as conveyances of real estate are required to be acknowledged, to pay the same ; and fsuch order, with the receipt of the applicant or person in whose favor the same shall be drawn, shall, in all courts and places, be presump- tive evidence in favor of such County Treasurer, to exon- erate him from ail liability to any person or persons for said money thus paid him. com4)ensa- Soc. 167. Circuit Judges, Circuit Court Commissioners, cer° aad^u- and Justicos of the Peace, for any services rendered under row on pro- j^\^Q provisions of this act, shall be entitled to the same obtain sit3 fees and compensation as for similar services in other spe- hJufe,^""^' cial proceedings ; Jurors, Constables and Sheriffs, shall be some set of text books, and changes in this set should be rarely made, and only on the most mature deliberation. As it is desirable that the uniformity of text books should ex- tend as far as possible through neighboring Schools, the law has made it the duty of the Superintendent of Public Instruction to select and publish a list of Text Books. Such a list will be found at the close of this volume. PRIMARY SCHOOL LAW. 22T entitled to the same fees as for like services in civil cases in the Circnit Court. Sec. 168. In case any Circuit Judge, Circuit Court Com-^tenjndge missioner, or Justice of the Peace, who shall issue a sum-unawe'to mons or venire for a jury, shall be unable to attend to anv ^*u^'"'' *"' _, 1 iT • 1 1 /-.. otner may or the subsequent proceedings in such case, any other Cir- fi°i8h pro- cuit Court Commissioner or Justice of the Peace, may at- "*'^"'*'^* tend and finish said proceedings. Sec. 169. Whenever any School District shall have voted bod-Js m»y to borrow any sum of money, the District Board of such ^r moMy District is hereby authorized to issue the bonds of such i"*"***- District in such form, and executed in such manner by the Moderator and Director of such District, and in such sums, not less than fifty dollars, as such District Board shall di- rect, and with such rate of interest,''not exceeding ten per iat«Mt centum per annum, and payable at such time or times as *''*'**^ the said District shall have directed. Sec. 170. Whenever any money shall have been borrow- i^!*^et may ed by any School District, the taxable inhabitants of such pay^oaa. District are hereby authorized, at any regular meeting of such District, to impose a tax on the taxable property in such District for the purpose of paying the principal thus borrowed, or any part thereof, and the interest thereon, to be levied and collected as other School District taxes are collected. School Inspectors — (See Section 68.) The office of School Inspectors was not created by that chapter of the Statutes known as " The Primary School Law." It will be found as follows : " There shall be elected annually on the first Monday of April, in each organized township, * * * one Town- ship Clerk, who shall be ex-o'fficio School Inspector," * * and one School Inspector. [Article 11, Section 1 of the Constitution.] "The annual meeting of each township shall be held on the first Monday of April, in each year ; and at such meet- ing there shall be an election [by ballot] for * * * one School Inspector." [Compiled Laws, Chap. 12, Sec. 8.] " Each School Inspector elected as aforesaid, shall hold his office for two years, and until his successor shall be 228 PRIMARY SCHOOL LAW. elected and qualified, except when elected to fill a va- cancy ; in which case he shall hold duriog the unexpired portion of the regular term : Provided, That where there shall have been no previous election for School Inspectors in any township, there shall be two such Inspectors elect- ed, one for one year, and one for two years, who shall sev- erally hold their office accordingly." [Compiled Laws, Chap. 12, Sec. 13.] Sec, 95, Chap. 12, of the Compiled Laws, establishes the compensation of Inspectors at one dollar per day. SCHOOL DISTRICT LIBRARIES [Act Approved February 15, 1859.] Sec. 1. At the annual town meetings to be held in oist^o* "• April next, the legal voters voting in the respective town- esuwi^ed. ships of the State, shall determine by ballot for the contin- uance of the Township Library, or for the establishment of District Libraries in the place thereof. A separate box shall be kept for their votes, and the ballots shall have written or printed thereon, " Township Library," or " Dis- trict Libraries." If a majority of the ballots so cast in any Township shall have "Township Library" thereon, the Library shall remain as before ; but if the majority of the ballots shall have "District Libraries" thereon, then the Township Inspectors at their next meeting thereafter shall Duty of proceed to divide the Township Library equitably among j^g'^eo^, the Districts and parts of Districts in such township, in Section 1. 1. The books apportioned to a fractional District are to be kept as a District Library for that Dis- trict. They can not be put into the Township Library of any other township in which such fractional District may be partly situated, but must be retained as a District Li- brary for the use of the District. 2. The fractional District having a District Library, stiU retains its right to draw quarterly its proportion of books from the Township Library of any township to which such District may in part belong, and which may still possess a Township Library. The portion of the District lying in any township having a Township Library, is still liable to be taxed for the support of such Library, and of course, has a claim to use the books. The law (section 82,) which provides that fractional D istricts shall have access to but one township Library at the sime time, cannot be con- strued to prohibit the fractional District possessed of a 230 SCHOOL DISTRICT LIBE ARIES. proportion to the number of children of legal School ages therein ; and shall deliver the same to the District Boards of the Districts to whch they may be apportioned. Said books shall thereafter belong to the respective Districts, and shall constitute District Libraries for the use of the residents of such Districts. Bistriot Sec. 2. The District Board shall be held accountable for ^&ye^n- the proper care and preservation of the District Library, uK*'^* ^^ ^^^ shall have power to provide for the safe keeping of the same, to prescribe the time for taking and returning books, and to assess and collect all fines and penalties for the loss or injury of said books. The District Board shall appoint a Librarian, and determine the place where the Library shall be kept ; but in all cases in which the Library may be properly secured at the District School-house, it shall be kept at such School house. District Library from drawing its proportion of books from any Township Library it would otherwise be entitled to draw from. The Township Clerk should require of the Director a receipt, naming and describing all the volumes drawn from the Township Library, to prevent their being retained by mistake as a part of the Library of the District. See. 2. 1. The District Board may appoint a Librarian annually, 2. The Board are authorized by the law to provide a suitable case, without waiting for a yote of the District. The case should be commodious in size, and strong. It should be also provided with a good lock and key. 3. Whenever the District Board may deem it safe to keep the Library at the School-house, it must be deposited there. Perhaps in most instances, if a suitably strong case is provided, it will be found safe to keep the Library at the School-house during the School-terms. It will fre- quently be found desirable to appoint the Teacher Libra- rian, and especially if the Library is kept at the School- house. 4. Before deliveriBg the books to the Librarian, two lists of such books should be made, one to be kept by the Dis- trict Board, and the other to be furnished to the Librarian; SCHOOL DISTRICT LIBRARIES. 2S1 Sec. 3. The Library moneys belonging to any township ^^r^ry^mo^ 80 determining in favor of District Libraries, or which may ney, how hereafter belong to such township, shall be apportioned ^'''^"^"'^ " ' among the several Districts thereof, in the same manner as the Primary School Moneys are apportioned, and shall be expended by the District Boards in purchasing books for the District Libraries. Sec. 4. It shall be the duty of the State Board of Educa- ^^1^,^^^^ tion to make a list of books, unsectarian in character, suit- ucation. able for District or Township Libraries, and contract with the lowest responsible bidder to furnish the same in such number as may be wanted, at stipulated prices. Previous to the first day of January in each year, the Superinten- dent of Public Instruction shall furnish to the Director of each School District, and each Township Clerk, a list of seiMition of the books contracted for, with the prices of the same, from which list the District Board or the Township Board of In- spectors may select books to the amount desired by the District or township. Sec, 5. It shall be the duty of contractors to furnish, at Books fur- the prices contracted for, the books so selected for the Li- ?orwlrcied! braries, and cause them to be forwarded to such points on any mmu thoroughfare as tiie District or Township Board may direct. Sec. 6. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. and notes should be made of the condition of each book. The L'.brarian's receipt should be attached to the list re- tained by the Board. 5. The District Board should also make some written rules for the drawing and returning of the books, with penalties for their injury or loss, and should appoint the time (say Friday afternoon of each week,) when the Library shall be opened. Sec. 3. The Library moneys are to be annually distributed to the Districts and parts of Districts, in proportion to the number of children oi School ages in each District or frac- tional District in the township, and paid over to the sev- eral Directors. Should the School-house of a fractional District stand in another township, said district must still be entitled to its fractional share of the Library money in each township in which any'of its territory may lie. RULES FOR DISTRICT LIBRARIES. Rule 1. The Library shall be open for drawicg and re- turning books every Friday P. M., from three o'clock till five o'clock. Rule 2. Every person residing in the District shall be entitled to draw books from the Library ; but no one under fourteen years of age shall be permitted to get books with- out a written request from his parents or guardian. Rule 3. No person shall be entitled to two books from the Library at the same time, unless they be different vol- umes of the same work ; and no family shall draw more than one book while other families wishing books, shall remain unsupplied. Rule 4. No person shall loan a Library book to any one out of his own family, under a penalty of — — cents for each offense. Rule 5. No person shall retain a book from the Library more than two weeks, under a penalty of cents for each day he shall so retain it ; and no one may draw the same book a second time while any other person wishes to draw it. Rule 6. Any person losicg or destroyiEg a Library book, shall pay the cost of such book, and a fine of twenty-five cents ; and any person injuring a book by marking, tear- ing, or unnecessarily soiliDg it, shall be liable to a fine of not less than cents nor more than one and a half times the cost of the book, to be determined by the Librarian and Director. Bulb 7. No person shall be entitled to draw books while RULES FOR DISTRICT LIBRARIES. 233 unlawfully detaining a book from the Library, or while any fine against him remains unpaid. Rule 8. The Librarian shall report to the District Board quarterly, the amount of fines assessed and collected, and all moneys accruing from this source shall be expended for the purchase or repair of books. Rule 9. The Librarian shall report annually, before the last Monday in September to the District Board, who shall report the same to the annual meeting, the number, titles, and condition o^ the books in the Library, and the numbei drawn during the year. «>, TEACHERS' INSTITUTES, [Act Approved February 17, 1855.] When su- Sec. 1. Whenever reasonable assurance shall be given perintend- entto ap. to the Superintendent of Public Instruction that a number point and *• Snglments ^^^ ^^^^ ^^^^ fi^tyj o^ i^ couuties coutaiuing a population of for Institute jggg ihau twolve thousaud inhabitants, wheuevor twentj- five Teachers of Common Schools shall desire to assemble for the purpose of forming a Teachers' Institute, and to re- main in session for a period of not less than ten working days, said Superintendent is authorized to appoint a time and place for holding such Institute, to make suitable ar- rangements therefor, and to give due notice thereof. fxflslf ^®°* ^' ^^^ ^^® purpose of defraying the expenses of b^d'rawn,*" rooms, fires, lights, attendance, or other necessary charges, a^o!^t ^** and for procuring Teachers and Lecturers for said Insti- tute, the Auditor General shall, upon the certificate of the Superintendent of Public Instruction, that he has made ar- rangements for holding such Institute, draw his warrant upon the State Treasurer for such sum as said Superinten- dent shall deem necessary for conducting such Institute, which sum shall not exceed two hundred dollars for any one Institute, and shall be paid out of the general fund. saperinten- Soc. 3. Said Superintendent, in case of inability per- arpoint sonally to conduct any Institute, or to make the necessary suitable per- _ . . , . semstomake arrangements for holding the same, is authorized to appoint Sr^me"! some suitable person or persons for that purpose : Provi- ded, That not more than eighteen hundred dollars shall be drawn from the treasury in any one year to meet the pro- visions of this act. JOURNAL OP EDUCATION. [Act Approved Febrxuiry 14, 1857.] Sec. 1. The Superintendent of Public Instruction is an- siperint«n. ■* dent author- thorized to subscribe for one copy of the Michigan Joii^^-gcrrbl^fo?'' nal of Education, a periodical published under the direc-g^u^ation^ tion of the Michigan State Teachers' Association, for each ^" '''^*"°*^' School District in this State, to be sent by mail, the post- age being prepaid by the publisher, to the Directors of the said Districts, the price of such subscription to be aixty cents a year for each copy, and such subscription to begin with the January number of the present year. Sec. 2. All general laws relating to public instruction Laws reia- ° . . t'Dg to pub- which shall hereafter be passed in this State, and all gen-i'c instruc ^ ' *-• tion to be eral notifications or instructions issuing from the Depart- p^'^]:'^«^^<^"» ment of Public Instruction, shall, when directed by the Superintendent of Public Instruction, be published in said Journal of Education, free of charge to the State. Sec. 3. Upon making such subscription, the Superinten- PertiBeate dent of Public Instruction shall make and deliver to the t^"f «°* ^° ^ be delivered publisher of said Journal of Education, quarterly, his cer- ^° pii'-Jsher tificate in writing, stating the number of copies so sub- scribed for and sent as aforesaid, and the amount due there- for at the time of making such certificate ; and the Auditor General, on presentation to him of such certificate, shall draw his warrant upon the State Treasurer for the amount named in said certificate, and said Treasurer is directed to pay the amount of the said warrant to the holder thereof, out of any moneys in the treasury not otherwise appro- priated. TEACHERS' ASSOCIATIONS. [Act Approved February 12, 1857.] Tifteenor Sec. 1. An}^ fifteen or more Teachers, or other persons «rs may residing in this State, who shall associate for the purpose form corpo- _ ■> n • -i . ra«?a' of promoting Education and Science, and improvements m published. j^^Q theory and practice of Teaching, may form themselves into a Corporation, under such name as they may choosOj providing they shall have published, in some newspaper printed at Lansing, or in the county in which such Asso- ciation is to be located, for at least one month previous, a notice of the time, place and purpose of the meeting for such Association, and shall file in the office of the Secretary of State a copy of the Constitution and By-Laws of said Association. May hold Sec. 2. Such Association may hold and possess real and personal pcrsoual propoity to the amount of five thousand dollars ; but the funds or property thereof shall not be used for any Restrictions othcr purposo than the legitimate business of the Associa- uponi 'i^«.j.^Qj^ jjj securing the objects of its Coporation. Privileges Sec. 3. Upon becoming a Corporation, as hereinbefore tSslrf cor- provided, they shall have all the powers and privileges, ^^* "^ and be subjeet to all the duties of a Corporation, according to the provisions of chapter fifty-five of the Revised Stat- utes of this State, [Chap. 73, Compiled Laws,] so far as such provisions shall be applicable in such case, and not inconsistent with the provisions of this act. STATE NORMAL SCHOOL, An Act to Consolidate and Amend the Laws Relative to the Establishment of a State Normal School. [Compiled Laws, p. 715.] Section 1. Be it enacted hy the Senate and House of Rep- resentatives qftJie State of Michigan, That all acts done and ^p"^,|°4 contracts made by and with the Board of Education im- education * der and by virtue of "An act to establish a State Normal °™ School," approved March twenty-eight, eighteen hundred 1849, p. 157. and forty-nine, and the act supplementary thereto, approved March thirty-first, eighteen hundred and forty-nine, be and they are hereby ratified and confirmed. Sec. 2. That a State Normal School be established and state no, raal School, continued at Ypsilanti. in the county of Washtenaw, upon ^^''^,'1^*1^^^" the site selected by said Board of Education, the exclusive purposes of which shall be the instruction of persons, both male and female, in the art of teaching, and in all the vari- ous branches that pertain to a good common School educa- tion, vllso to give instruction in the mechanic arts, and ^'*'^»'?°' in the arts of husbandry and agricultural chemistry ; in the fundamental laws of the United States, and in what regards the rights and duties of citizens. Sec. 3. The said Normal School shall be under the direc-To le under direction of tion of a Board of Education, and shall be governed and ^oard of ed- " ucation, supported as herein provided. Said Board shall provide Board to for the erection of suitable buildings on the site selected erection of , . buUdings. as soon as the title thereto is vested in them in fee, and the means in their hands for that purpose are sufiScient ; and they may appoint a suitable person to superintend the erection of said buildings. 238 STATE NORMAL SCHOOL. Board of ed- gee. 4. [Said Board of Education shall hereafter consist Boation,aiid ^''■ntment ^^ ^^^ members, three of whom shall be appointed by the Governor, by and with the advice and consent of the Sen- ate and House of E,epresentatives in Joint Convention. The members of said Board heretofore appointed shall hold their offices for the term for which they were desig- nated. At the session of the Legislature for the year eighteen hundred and fifty, and annually thereafter, the vacancies occurring shall be filled as above directed by appointment, the term of which shall be three years. The Governor shall, by appointment, fill any vacancy that may occur when the Legislature is not in session; such appointment to expire at the close of the next session of Esoffieio the Legislature. The Lieutenant Governor, the State members, ° ' Treasurer,] and the Superintendent of Public Instruction, shall, by virtue of their office, be members of said Board, Who to be and the latter shall be their Secretary, and shall keep an secretary *' ^ and treasur- exact and detailed account of their doings. He shall also communicate such reports to the Legislature as are re- quired by this act. The State Treasurer shall, by virtue of his office, be Treasurer of said Board, and the members Board may thereof shall annuallv elect one of their number President. elect presi- '' dent. ^jj^ jjQ member of said Board of Education shall, during his continuance in office as a member of said Board, act as the agent of any publisher or publishers of School books, or School Library books^ or be, or become interested in the Members Publication or sale of any such books, as agent or other- sot to be wise. And the Governor of this State is hereby author- agents, etc., ■' b«3kg!'°°^ ized and required, upon satisfactory evidence being pro- duced to him that any member of said Board is employed as such agent, or is interested in the manner aforesaid, to remove such member of said Board from office, and to appoint another member in his place to fill such vacancy.*" wd'of'ed- Sec. 5. Said board of Education shall have power to appoint a Principal and Assistant to take charge of said School, and such other Teachers and officcers as may be re- *Th9 parts of section 4, included in brackets, -wars yirtually repealed by Section 9, Art. 13 of the State Constitution, adopted 1850. See page 15S. ucation, STATE NORMAL SCHOOL. 239 3 quired in said School, and fix the salary of each, and pre- scribe their several duties. They shall also have power to remove either the Principal, Assistant, or Teachers, and to appoint others in their stead. They shall prescribe the various books to be used in said School, and shall make all the regulations and by-laws necessary for the good govern- ment and management of the same. Sec, 6. Said Board shall also establish an experimental Experimen- tal school to School in connection with the Normal School, and shall I^®®^^'*- make all the regulations necessary to govern and support the same, and may, in their discretion, admit pupils free of charge for tuition. Sec. 7. Said Board shall have power, and it shall be their Powers and ^ ' duties of duty, from time to time, as the means at their disposal may ^^^"^^^ warrant, to provide suitable grounds and buildiDgs, im- ei'c'ffofVn- plements of husbandry and mechanical tools, either byag'^ricuit^ purchase or lease, for the purpose of more effectually chanic arts. and experimentally carrying out the provisions of the sec- ond section of this act, "To give Instruction in the Me- chanic Arts, and in the Arts of Husbandry and Agricultural Chemistry.'' . Sec. 8. As soon as said Normal School is prepared to Notice to be receive pupils, the Superintendent of Public Instruction fJh^oT *° shall give notice of the fact to each County Clerk in the pupiu. State, and shall publish said notice in a newspaper published in each Senatorial district. Sec. 9. The Board of Education shall ordain such rules Euies and regulations and regulations for the admission of pupils to said School f?"" admia- ° JT X sionofpu- as they shall deem necessary and proper. Every applicant p'^ for admission shall undergo an examination in such manner as may be prescribed by the Board ; and if it shall appear that the applicant is not a person of good moral character, or will not make an apt and good Teacher, such applicant shall be rejected. The Board of Education may, in their certain pu- discretion, require any applicant for admission to said or secure ' ^ -^ re ^ tuition feea. School — other than such as shall, prior to such admission, 240 STATE NORMAL SCHOOL. sign and file with said Board a declaration of intention to follow the business of teaching Primary Schools in this State — to pay, or secure to be paid, such fees for tuition as to said Board shall seem reasonable. Pupils to gee. 10. Any person may be admitted a pupil of said sign deelar- '' ■*■ '' j. x tenMo°n to School who shall pass a satisfactory examination : Provided, teachers. That the applicant shall, before admission, sign a declara- tion of intention to follow the business of teaching Primary But may be gchools in this State: And provided furtJter, Th.di,t pupils mthoat. j^Q^ Ijq admitted without signing such declaration of inten- tion, on such terms as the Normal School Board may pre- Eatioof pu- scribe ; and that each county shall be entitled to send pils from ' . . ri each county pupils jq i}^q ratio of the Representatives in the State Legislature to which it may be entitled, not to exceed such number as the Board may prescribe. Board of Scc. 11« After said School shall have commenced its first TisitorSjhow , r • t fi i appointed, term, and at least once in each year thereafter, it shall be visited by three suitable persons, not members, to be ap- pointed by the Board of Education, who shall examine thoroughly into the affairs of the School, and report to the Superintendent of Public Instruction their views with re- gard to its condition, success and usefulness, and any other matters they may judge expedient. Such Visitors shall be appointed annually. soperinten- Sec. 12. It shall be the duty of the Superintendent of dent of Pub- . . , . , He iDstruc- Public Instruction, once at least in each term, to visit said to visit ' makerrort School ; and he shall annually make to the Legislature a full and detailed report of the doings of the Board of Edu- cation, and of all their expenditures, and the moneys re- ceived for tuition, and the prospects, progress and useful- ness of said School, including so much of the report of said Visitors as he may deem advisable. Lectures. ggc. 13. Lectures on chemistry, comparative anatomy, astronomy, the mechanic arts, agricultural chemistry, and on any other science, or any branch of literature that the Board of Education may direct, may be delivered to those STATE NORMAL SCHOOL. 241 attendiDg said School, in such manner, and on sucli terms and conditions as the Board of Education may prescribe. Sec. 14. As soon as any person has attended said institu- ^j''*°J°^^'° tion twenty-two weeks, said person may be examined in the studies required by the Board, in such manner as may be prescribed ; and if it shall appear that said person possesses ^f qlf^^j*^. the learning and other qualiflcations necessary to teach *'°''*' a good Common School, said person shall receive a certifi- cate to that effect from the Principal, to bo approved by the Superintendent of Public Instruction. Sec. 15. The Board of Education shall have the power Boa^i^ °!»y ^ receive do- and authority to demand and receive the sum or sums do- "^^'^.."■p'!''^ nated and subscribed by the citizens of Ypsilanti and its *'°°*' vicinity, in such manner as said Board may prescribe, and apply the same to the erection and completion of the nec- essary buildings, the purchase of the necessary books, apparatus, furniture and fixtures, and for various other in- ■''"''^jj^^j^P' cidental expenses to be incurred by said Board in pursu- ance of the provisions of this act ; and if any surplus shall remain, to apply the same in defraying the expenses of conducting said School. And any deficit which may arise deficit in in the erection and completion of said buildings and pur- e"J''^'j^o^^' chases aforesaid, shall be paid out of the principal to be^*"^' received on the sale of lands hereinafter mentioned, not to exceed the sum of ten thousand dollars. Such sum shall be paid from time to time on the warrant of the Auditor General, to be drawn in pursuance of the certificate of the Superintendent of Building, or Secretary of the Board, and countersigned by the President of the Board of Education ; and no such certificate shall be issued until work shall be done, or services rendered, or buildings erected, or books, apparatus, fixtures or furniture, purchased for the Normal School, under the direction of tbe Board of Education, en- titling the applicant to such certificate, according to a con- tract or agreement with said Board for that purpose, or for services and expenses of the Board or some member thereof, 31 242 STATE NORMAL SCHOOL. in connection with the selection of the site, or the erection of the Normal School buildings, or the improvement of the grounds. 1840, p 157. gg(.^ iQ^ rpi^g ^g^ sectioHs of Salt Spring lands, located by the Board of Education under the provisions of sections fifteen and sixteen of "An act to establish a State Normal School," approved March twenty-eight, eighteen hundred and forty-nine, together with the fifteen sections of Salt Spring lands located under the provisions of section six- teen of said Act, and all such lands as may be granted by Congress, or received or set apart (in any manner) in lieu of any portion of said land to which the title may prove insufficient, and all donations, in land or otherwise, to the State in trust, or to the Board of Education for the support wkat lands of a Normal School, shall constitute a fund, to be called to consti- tute endow- the Normal School Endowment Fund, and shall be reserved ment fund. from sale until the same shall be appraised. The minimum price of said lands shall be four dollars per acre ; and it shall be the duty of the officer authorized to sell said lands, to cause the same to be appraised as soon as practicable, in the manner provided for the appraisal of other lands. None of said lands shall be sold for less than the minimum price fixed by law. It shall not be necessary to appraise any of said lands which have heretofore been appraised under existing provisions of law ; and the proceeds of sales of any of said lands heretofore appraised and sold, shall constitute a part of the fund herein provided. After such appraisal, such land shall be and remain subject to sale at the State Land Office, as is now, or shall be hereafter pro- vided bylaw; and the principal shall be and remain a perpetual fund for the use of said institution (except as herein provided.) The installments of principal paid by the purchasers, shall be paid into the State Treasury; and the interest thereon from the time of its receipt, or from the time of the preceding computation of interest, as the same [case] may be, shall be computed by the Auditor Gen- STATE NORMAL SCHOOL. 243 eral and State Treasurer, at the close of each fiscal year, at the rate of six per cent, per annum, and together with all interest paid by purchasers of any portion of said lands, shall be passed to the credit of the Normal School interest fund, to be drawn therefrom upon the warrant of the Au- ditor General, issued in pursuance of a certificate of the Board of Education, signed by their Secretary and coun- tersigned by their President, that the money is due and payable to the Principal of the Normal School, or his assistants, or the Teachers or officers employed, or to the members of the Board, or the Board of Visitors, as herein authorized, or for necessary incidental expenses in the support or maintenance of said School, or some of its departments. Sec. 17. Said funds shall be under the direction and con- Fundsunder control of trol of the Board of Education, subject to the provisions ^^^^^^J^^^ herein contained. The Treasurer of said Board shall pay out of the proper fund all orders or drafts for moneys to be expended under the provisions of this act. Such or- ders or drafts to be drawn by the Auditor General, on the certificate of the Secretary, countersigned by the Presi- dent of the Board. No such certificates shall be given, except upon accounts audited and allowed by the Board at a regular meeting. Sec. 18. The services, and all necessary traveling and Expensea of , , board of ed- other expenses, already or hereafter to be incurred by any "^l^^^^^^ member of the Board of Education, or the Board of Visit- p*'*^- ors, shall be paid on the proper certificate out of any funds belonging to said Institution in the hands of the Treasurer, until the erection and completion of the necessary build- ings. The Principal, Assistants, Teachers and other offi- instructow cers employed in said School, shall be paid out of the Nor- how paid. ' mal School Interest Fund, and from receipts for tuition ; and the services and expenses of the Board of Education, after the erection of the necessary buildings, and other expenses incident to said Institution, shall be paid for out 244 STATE NOEMAL SCHOOL. of the Normal School Interest Fund, in the same manner, as near as may be, as is required in regard to moneys drawn for the payment of the Principal or other Teachers. The ^y<'*°5^'^- members of the Board of Education and the Visitors, shall oers ana ' Tisitors. jjQ entitled to two dollars per day for their actual services, and to their necessary traveling and other expenses, ihe board g^Q^ 19^ j^qj. ^-j^q purposo of rendering more efficient ^j.jjfy^t°^^ their organization, and to enable them the more fully to OTs'etc!'^ carry into effect the provisions herein contained, the mem- bers of the Board of Education, now holding their offices under the provisions of "An act to establish a State Nor- mal School," approved March 28th, 1849, and their succes- sors in office, are hereby constituted a body politic and corporate, by the name of "The Board of Education," for the purposes herein contemplated, and subject to such modifications as may be made thereto, and in that name shall have perpetual succession, and shall be, and they are hereby empowered to purchase, have, hold, possess and enjoy to themselves and their successors, lands, tenements, hereditaments, goods, chattels and effects of every kind^ and the same to grant, aliene, sell, invest and dispose of, to sue and be sued, plead and be impleaded, in all Courts in this State, to have and to use a common seal, and the same to change, alter and renew at pleasure, and to make such by-laws and regulations as they may deem proper for the well ordering and government of said Corporation and the transaction of its business: Provided, The same be not repugnant to the Constitution or laws of this State or of the United States. To be sub- Sec. 20. Said Corporation shall be subject to the pro- visions of visions of chapter fifty-five of the Revised Statutes of Cihap 55 of r J aatates of 1S^^5 SO far as the same can apply, and are not inconsistent copter 73, wlth tho provisious of this act. They shall have power to Swl."** transact all necessary business at any meeting, a quorum being present ; and meetings may be called in such man- ner as their by-laws may provide, and a quorum shall con- STATE NORMAL BCHOOL. 245 sist of a majority of the members. The first meeting ^Q" f^j'** "^•*j der this act may be held at such time and place as may be ^^'^ directed by the Secretary, and no publication of notice thereof shall be necessary ; and the attendance of a quo- rum shall render valid the proceedings of such meeting. Process All process against said Corporation shall be served on the ^erved.^^"^ President or Secretary thereof. Sec. 21. Sections four, fifteen and sixteen of "An act to certain en- ' actments establish a State Normal School," approved March 28th,':^pea'«'i- ■^ "^ ' 1619, p. 19T. 1849, and all of the provisions of said act, and the acti^*^'P-22i- supplementary thereto, which are inconsistent with the provisions of this act, are hereby repealed. Sec. 22. This act shall take eifect and be in force from ^^e'"'*^"* m&j alter, and after its passage, and the Legislature may at any time^cV*^ alter, amend or repeal the same by a vote of two-thirds of the members present in each House. Sec. 23. The Board of Instruction of the State Normal oipiomaa may be School are authorized to grant to graduates of said Insti-g'^^n'^'^,*® tution Diplomas, which, when signed by the members of [^^g^^^^j^ the State Board of Education, shall be regarded as evi- dence that such graduates have completed the prescribed course of study in said Institution. (^) Sec. 24. Each Diploma so conferred shall be accom- Diplomas to be accompa- panied by a certificate, signed by the Board of Instruction, f^e'i by cer- which, when recorded in the ofiice of the Clerk of any ^^"^^ «^»" township in this State, shall serve the holder as a certifi- q,^^*ggg°ti^ cate of qualification to teach in any Primary School of said^°'^*°''' township, until the same shall be amended [annulled] by the School Inspectors of such township under the provis- ions of law for annulling certificates. (1) Seetioni! 23 and 24, passed Feb. 13, 1857. Compiled Laws, p. 722. THE UNIYBRSITY OF MICHIGAN. An Act to provide for tlie Government of the State University. [Compiled Laws, p. 711.] Section 1. The People of the State of Michigan enact, University That the Institution established in this State, and known as the University of Michigan, is continued under the name and style heretofore used. Its object. Sec. 2. The University shall provide the inhabitants of this State with the means of acquiring a thorough knowl- edge of the various branches of Literature, Science and Arts. GovernmeEt Soc. 3. The government of the University is vested in vested in "^ Boaid of the Board of Eegents. Regents. ° Regents to Soc. 4. The Board of Eegents shall constitute the body be a body corporate, corporate, with the right as such of suing and being sued, of making and usiug a common seal, and altering the same. Regents to Sec. 5. The Eegents shall have power to enact ordinan- Swstete., ces, by-laws and regulations for the government of the elect presi. n • dent, pro- Uulversity : to elect a President, to fix, increase and reduce i€&sorSj ciCi J and fix saia- t];iQ regular number of Professors and Tutors, and to ap- point the same, and to determine the amount of their salaries : Provided, That there shall always be at least one Professor of Homoeopathy in the department of Medicine. May remove gee. 6. Thev shall havo power to remove the President, president, ./ jt profeBsors, ^^^^ g^uy Professor or Tutor, when the interest of the Uni- versity shall require it. Sec. 7. They shall have power to appoint a Secretary, UNIVERSITY OF MICHIGAN. 247 Librarian, Treasurer, Steward, and sucb other officers asMayap^"** ' ' ' other offl- the interests of the Institution may require, who shall hold p^e'cri" e their offices at the pleasure of the Board, and receive such pens'atioS!" compensation as the Board may prescribe. Sec. 8. The University shall consist of at least three ot what de- •' partmentj departments: ^ uuiverMty 1. A department of Literature, Science and the Arts ; 2. A department of Law ; 3. A department of Medicine ; 4. Such other departments may be added as the Regents shall deem necessary, and the State of the University fund shall allow. Sec. 9. The Regents shall provide for the arrangement Kegentsu and selection of a course or courses of study in the Uni- l^^^^^f^ versity, for such students as may not desire to pursue the who To not usual collegiate course, in the department of literature, pursue coi- science and the arts, embracing the ancient languages, and course, to provide for the admission of such students without pre* viou'3 exarainatioQ as to their attainments in said languages, and for granting such certificates at the expiration of such course or term of such students, as may be appropriate to their respective attainments. Sec. 10. The Regents shall make provision for keeping to make *^ proyis.on for a set of meteorological tables at the University, after the""**r°;?'°^- ° •' ' cal tables. forms adopted and furnished by the Smithsonian Institu- tion, the record of which shall bo transmitted with their report to the Superintendent of Public Instruction, who shall embody the same into big re|)ort. Sec. 11. The immediate government of the several de- General di- rection of partments shall be entrusted to the President and the re- institution. spective faculties ; but the Regents shall have power to regulate the course of instruction, and prescribe, under the advice of the Professorship, the books and authorities to be used in the several departments ; and also to confer such degrees and grant such Diplomas as are usually conferred and granted by other similar institutions. 248 UNIVEESITY OF MICHIGAN. Admission gec. 12. The fee of admission to the regular University course in the department of literature, science and the arts, shall not exceed, ten dollars, but such course or courses of instruction as may be arranged under the provisions of Jlntsad^it- section nine of this act, shall be open without fee to the fee. ^' °"^ citizens of this State. tlrb?opea Sec. 13. The University shall be open to all persons thrstate "^ resident of this State, without charge of tuition, under the Charge. regulatlous prescribed, by the Regents ; and to all other persons under such regulations and restrictions as the Board may prescribe, whom Vaid ^^^' ^^' ^^^ moueys received from such source shall be pf,ed^°"*P'paid to the Treasurer, and so much thereof as shall be necessary for the purpose, shall be expended by the Re- gents in keeping the University buildings in good condition and repair, and the balance shall be appropriated for the increase of the Library. innnai re- Soc. 15. The Board of Regents shall make an exhibit of port ef re- .... i rt • esBts- the affairs of the University, in each year, to the buperm- tendent of Public Instruction, setting forth ihe condition of the University and its branches ; the amount of receipts and expenditures ; the number of Professors, Tutors and other officers, and the compensation of each ; the number of students in the several departments, and in the different classes ; the books of instruction used ; an estimate of the expenses for the ensuing year ; together with such other information and suggestions as they may deem important, or the Superintendent of Public Instruction may require to embody in his report.(^) Baiidinga Sgc. 16. Ffom tho increass arising from the interest of ™ect*dfrom the Uulverslty fund, the Board of Regents may erect, from increase of n i University time to time, such baildmgs as are necessary lor the uses fund. of the University, on the grounds set apart for the same ; but no such buildings shall be erected until provision shall be made for the payment of the existing indebtedness of (1) As amonded Fatruary 15, 1859. Laws of 1859, p. 769. UNIVERSITY OP MICHIGAN. 249 the University, nor until one branch of the University shall be established in each judicial circuit of the State. Sec. 17. The Board of Kegents shall have power to ex- [;;)^«j'^'^°^ pend so much of the interest arising from the University *^?''°'^*"^- fund, as may be necessary for the improving and orna- menting of the University grounds, for the purchase of philosophical, chemical, meteorological, and other appara- tus, and to keep the same in good condition. Sec. 18. As soon as the income of the University inter- ^''^J*"^^^ •' geots may est fund will admit, it shall be the duty of the Board of ^f *n"j,'e^g Regents to organize and establish branches of the Univer- sity, one at least in each judicial circuit or district of the State, and to establish all needful rules and regulations for the government of the same. They shall not give to any such branch the right of conferring degrees, nor appro- priate a sum exceeding fifteen hundred dollars, in any one year, for the support of any such branch. Sec. 19. The Regents may establish and orgaiaize aibw. branch or branches, by the creation of a Trusteeship ior the local management of the same, or they may in taelr discretion select for a branch, under the restrictions ; fore- said, any chartered literary Institution in the State. Sec. 20. The meetings of the Board may be called in j^"^*,^** *^ such manner as the Regents shall prescribe ; five of them shall constitute a quorum for the transaction of business, and a less number may adjourn from time to time. Sec. 21. A Board of Visitors, to consist of three persons, Board «f visitors ap- shall be appointed biennially at the commencement of the pointed. collegiate year, by the Superintendent of Public Instruc- tion. It shall be their duty to make a personal examina- tion into the state and condition of the University in all its departments and branches, once at least in each year, and report the result to the Superintendent, suggesting Their duties , *^ ^ ' oo o ana report. such improvements as they may deem important; which report shall be embodied into the report of the Superin- tendent. 32 250 UNIVERSITY OP MICHIGAN. EegentBand Sec. 22. The Resreiits and Visitors of the University Tisifcoristobe ^ *^ •' paid their ghall each receive pay for the actual and necessary ex- penses incurred by them in the performance of their duties, which shall be paid out of the University interest fund. tSTer, S^c* 23. All orders on the Treasurer shall be signed by how sjgned. ^jjQ Secretary, and countersigned by the President. chareT^of Sec. 24. Chapter fifty-seven of the Revised Statutes is sSel hereby repealed. of natwar" ^^^' '^^' "^^^ varlous specimeus of geology, mineralogy, ?hc*unive'r- zoology, botany, and all other specimens pertaining to *'^^" Natural History belonging to the State, and now deposited in the University buildings, be and the same are hereby transferred to the Board of Eegents of the University of Michigan, to be held by said Board of Regents in trust for the use and benefit of said University and its branches ; and the said Board of Regents are hereby authorized to take, have and enjoy, the right, property, possession and control thereof, and make such disposition of the said spe- cimens as may be most beneficial for the interests of the University and its branches aforesaid. THE AGRICU.LTjURAL COLLEGE. An Act for the Establishment of a State AgricDltural School. [Compile. 1 Laws, p. 723.] Section 1. The People of the State of MicUgan enact, That the President and Executive Committee of the Michi- ^^|=J;;%^^, gan State Agricultural Society, bo and are hereby author- ''''"'°1- ized to select, subject to the approval of the State Board of Education, a location and site for a State Agricultural School, within ten miles of Lansing; and subject to suchF"!n tobe ' o 7 J ^ purchased, approval, contract for and purchase for the State of Michi- gan such lands, not less than five hundred acres, nor more than one thousand acres, in one body, for the purpose of an experimental farm and site for such Agricultural School : Provided, That the amount to be paid for such farm and site shall not exceed fifteen dollars per acre, and that the conveyance or conveyances be made to the State of Michigan. Sec. 2. That there is hereby appropriated twenty-two s?ait spring lands appro- sections of Salt Spring lands, or the money arising from the PJ^^^^^^g^^'^j sale thereof, referred to in article thirteen, section eleven, if„°jf^f\'^?y. of the Constitution of the State of Michigan, for the pur- '°^'' *^'=- chase of land for such site and location, and the prepara- tion thereof, the erection of buildings, th^ purchase of furniture, apparatus, library and implements, payment of Professors and Teachers, and other necessary expenses, to be incurred in the establishment and successful operation of said School ; which sum shall be drawn from the State Treasury on the presentation of the proper certificates of 252 AGRICULTURAL COLLEGE. the Board of Education to the Auditor General, and on his warrant to the State Treasurer ; but not to exceed in the whole amouat the sum of fifty-six thousand three hundred and twenty dollars, the minimum price of said twenty-two sections, uukss the whole proceeds of the sales of said sections shall exceed that sum, and then not to exceed the amount of such proceeds. f) tioif and'^ap- ^®*^" ^' ^poii the executiou and delivery to the Secretary TODveyance.of State of the proper conveyance or conveyaDces of the draw war' ° land, the purchase of which is provided for in the first sec- forsame. tiou of this act, &u6. the certificates of the Attorney G-ene- ral that he has examined the title to the same, and finds it unencumbered, and that the conveyance or conveyances uve executed in due form, and a certificate from the Presi- dent and Secretary of the Board of Education, that the same is in accordance with the contract or contracts for the purchase of the same, and that the location has been approved by them, the Auditor General shall draw his warrant or warrants on the State Treasurer for the amount of such purchase, in favor of the party or parties to whom such sum or sums shall be due, payable out of said Salt Spring lands, or money accruiog from the sale of the same ; and the said certificates in this section mentioned, shall be filed and preserved in the ofiice of the Secretary of State. .Agricultural gec. 4. Upou the purchase of such location and site, college to be *■ -^ established, there shall be established on sach site, under the direction its purpose ' anddesigQ. ^^^ supervislon of the State Board of Education, an Agri- cultural School, by the name and style of the Agricultural College of the State of Michigan, and the chief purpose and desiga of which shall be, to improve and teach the science and practice of Agriculture. Sec. 5. The course of instruction in said College shall (1) As amended by "An Act making an Appropriation for the State Agricultural School and to amend the Act entitled 'An Act for the Establishment of a State Agricultural School, approved February twelfth, eighteen huniied and fifty-five, ' " approved Februarj 16, 1857. Laws of 1857, p. 385. AGRICULTURAL COLLEGE. 253 include the followioer branches of education, viz : an Bng-Gourfeofin- " struction. lish and scientific course, natural philosophy, chemistry, botany, animal and vegetable anatomy and physiology, geol- ogy, mineralogy, meteorology, entomolgy, veterinary art, mensuration, leveling and political economy, with book- keeping and the mechanic arts, which are directly con- nected with Agriculture, and such others as the Board of Education may from time to time see fit to prescribe, having reference to the objects specified in the previous section ; and the said Board may establish such professorships, and P^o^f^^sor- employ such Professors and Teachers, to be called the Board of Instruction of said College, for the instruction aforesaid, as they may judge best for such object : Provided, The sum paid such Professors and Teachers, for the first year after [^"^^f^p^'o said College shall go into operation, shall not exceed the ^ ''°''*- sum of five thousand dollars, and for the next year, not ex- ceeding the sum of six thousand dollars, and for any years thereafter, such sum as the State Board of Education may deem necessary, for the successful operation of the Insti- tution. Tuition in said Institution shall be forever free toPopiisano tuition. pupils from this State, and any number of pupils may be admitted who shall apply from any part of this State : Pro- vided, That in case more pupils apply than can be accom- modated or taught, then said Board shall adopt some equi- table plan, giving to each county a number according to the ratio of population, as it shall appear from the census last taken ; and in that case, those from each county shall be admitted in the order in which they shall apply, until the quota of such county be full. Sec. 6. There shall be one Collegiate term in each year, Terms. and said term shall commence on the last Wednesday of February^and terminate on the last Wednesday of Novem- ber ; and no pnpil shall be received for a less term, unless by special permission from the Board of Instruction. (^) Sec. 7. The Board of Education, upon consultation with (1) Aa amended February 15, 1859. Laws of 1859, p. 871. 254 AGRICULTUEAL COLLEGE. Hours for the Board of Instruction, shall, from time to time, fix and labor, study, etc establish rules as to the number of hours which shall be devoted to manual labor and to study, which may be differ- ent in different terms or seasons ; but during the first term in such year, the time devoted to labor shall not be less than three, nor more than four hours each day ; and no stu- dent or pupil of said College shall be exempt from such labor, except in case of sickness or other infirmity. Board of ed- Sec. 8. The Board of Education shall appoint one of the uoation to appoint offi-Pfofessors in said College to be the President thereof, and cers of col- " ' i«se. one to be its Secretary, and one to be its Treasurer ; and Establish the Board of Instruction may establish such rules and resru- Tules, regn- '' •-' latioas, etc. latious from time to time, for the government of said Col- lege and instruction therein, as they may deem proper in any matter not regulated by the Board of Education • and the rules and regulations adopted by such Board of Instruc- tion, shall remain in full force until altered by said Board of Education. And said Board of Instruction shall have power, subject to the approval of the Board of Education, to establish by-laws for the government and discipline of the pupils of said College, in regard to conduct and behav- ior, and to affix such pecuniary penalties as they may deem proper, and to prescribe the causes for expulsion or dismis- sal of such pupil, which by-laws shall have the force of law, unless altered, modified or repealed by the Board of To fix com- Education or the Legislature ; and the Board of Education for labor of shall fix tho compeusatioB to be credited or paid for the pupila. labor performed by pupils, under the provisions of section seven of this act. Sec. 9. The President of said Board of Instruction shall preside at all meetings of said Board, except in case of sickness or absence ; in which case the Board may elect one of their number President j5ro tempore; and it shall be the duty of the President to see that all the regulations established by this act, by the Board of Education, and by Duties of President. AGRICULTURAL COLLEGE. 255 the Board of Instruction, in regard to the government and instruction in said College, be enforced. Sec. 10. The Secretary of said Board of Instruction shall fecreta^-. record all the proceedings of said Board, and all regulations and by-laws for the government of said College, and shall publish the same, and furnish a copy thereof to the Gover- nor of this State, to each member of the Board of Educa- tion, to the County Clerk of eaeh county, and to the Clerk of each organized township in this State. He shall also keep a full record of all improvements and experiments made on said lands, their cost and results. He shall also keep a careful account with each field, in connection with a plan of the farming lands or farm, exhibiting the position of each, in which shall be shown the manner and cost of preparing the ground, the kind of crop, time of planting or sowing, the after condition, the time and manner of har- vesting, the labor devoted to each process, and its cost price, with the cost of preparing,the matured crop for mar- ket, and the price for which it was sold, and of such other matters as the Board of Education and of Instruction, or either of them, may require of him ; and he shall furnish a copy thereof at the end of each term to the President of the Board of Education ; and the said record shall, at all reasonable hours, be open to the inspection of any citizen of this State. Sec. 11. The Treasurer shall receive and keep all moneys Duties of arising from the sale of products of the farm, and from fines and penalties that may be imposed : and shall give bonds in such sum as the Board of Education may require. He shall pay over all money» upon the warrant of the Presi- dent, countersigned by the Secretary, on account of such contingent expenses of the Institution as may arise. He shall render annually, in the month of December, to the Board of Education, and as often as required by said Board, a^fuU and true account of all moneys received and dis- bursed by him : stating for what received and paid, and 266 AGRICULTURAL COLLEGE. shall produce vouchers for such payment. The surplus money, if any remain in his hands at the time of rendering such account, shall, if required by said Board, be paid over to the State Treasurer, to be placed to the credit of said institution." \^tors to Sec. 12. After said College shall have commenced its first be appoint- ^ ^ «^- term, the Superintendent of Public Instruction shall ap- Their duties, point Visitors for the same, who shall perform the like du- ties required of such Visitors by law, in reference to the State Normal School. INSTITUTIONS OF LEARNING." An Act to Provide for the Incorporation of Institutions of Learning. [Compiled Lavs, p. 564.] Section 1. The People of the State of Michigan enact, That any number of persons not less than five, may become Howmnjbe ineorpora- a Corporation for the purpose of founding and establishing ^^ a College, Seminary, Academy, or other Institution of Learning, by complying with the provisions of this Act. When stock, legacies, bequests or donations, to the amount of thirty thousand dollars for any such College, or five thou- sand dollars for any such Seminary, Academy, or other In- stitution of Learning, so intended to be founded and estab- lished, shall be in, good faith subscribed or given, and twenty per cent, thereon actually paid in, as herein required, such persons may elect Trustees for such Col- lege, Seminary, Academy, or other Institution of Learning ; and thereupon said Trustees shall severally subscribe -^^^''^'of *■ "^ aBBociation, articles of association, in which shall be set forth the name, J^^ ^J^ character and object of the Corporation, the amount of^^'***** capital stock so subscribed, bequeathed, donated or given, and the amount paid in : the names and place of residence of the Trustees ; the length of time they shall continue in office, not to exceed thirty years ; the manner in which their successors shall be elected, who shall not be less than five, nor more than thirty-five, and the place where such College or other Institution is to be located. Said articles of association, when subscribed as aforesaid, may be filed in the office of the Secretary of State ; but such articles shall not be so filed until there is annexed thereto an affidavit, made by at least three of such Trustees, that the amount of stock required bv this section has been in good 33 258 INSTITUTIONS OF LEARNING. faith subscribed, and that twenty per cent, thereon has been paid in ; and thereupon the persons who have sub- scribed said articles, with such other persons as may from time to time become donors to such Institution, or if said Powers of articlcs of association so declare, the Trustees elected as corpotation. ' herein provided, shall be a body corporate and politic, capable of suing and being sued, and may have a common seal, which they may make and alter at pleasure, and be capable in law of receiving by gift, subscription, bequest, will, donation or devise, and of purchasing, holding and conveying any real estate or personal property whatever, for the purpose of founding, establishing and conducting any such College, Seminary, Academy, or other Institution of Learning. Certified co- Sbc. 2. A coDV of auv such articlos of association filed py of Arti- ... di^'rit m^? in pursuance of this Act, with a copy of the affidavit an- evidence. jje^ed thereto, and certified by the Secretary of State to be a copy, shall, in all Courts and places, be presumptive evidence of the incorporation of such Institution, and of all the facts therein stated. Additional Sec. 3. Tho Trustees of any College or Seminary incorpo- powers of ,, r i • t ^ • -i i ^uege or rated under the provisions of this Act, besiaes the general ^d^uMiTr powers and privileges of a Corporation, shall have power: 1. To elect their own chairman or clerk ; 2. Upon the death, resignation, or other vacancy in the office of any Trustee, to elect another in his place ; 3. To declare vacant the seat of any Trustee who shall absent himself from five successive meetings of the Board; 4. To take and hold, by gift, grant, or devise, any real or personal property, the annual income or revenue of which shall not exceed twenty-five thousand dollars ; 5. To sell, mortgage, let, or other wse use such property, in such manner as they shall deem most conducive to the educational interests of such Corporation ; 6. To direct and presciibe the course of study and dis- cipline to be observed in the College, Seminary or Acad- ted under this Act, INSTITUTIONS OP LEARNING. 259 emy : Provided, That no religious test vS^atever shall be required of any pupil in such Institution ; 7. To appoint a President, Professors, Tutors, and such other oflBcers and agents as they may deem necessary, who shall hold their oflEices during the pleasure of the Trustees ; 8. To grant such literary honors as are usually granted by any such College, or similar Institutions in the United States, and in testimony thereof to give suitable Diplomas, under their seal, and the signatures of such officers of the Institution as they may deem expedient : Provided, That the course of study pursued in such College be, in all respects, as thorough and comprehensive as is usually pursued in similar Institutions in the United States ; 9. To ascertain and fix the salaries of the President, Professors, and other officers and agents ; 10. And to make all ordinances and by-laws necessary and proper to carry into efiect the foregoing powers. Sec. 4. Every Diploma granted by such Trustees, shall ^,^*^^<*' ^^ entitle the possessor to all the immunities which, by usage or statute, are allowed to possessors of similar Diplomas granted by any similar Institution in the United States. Sec. 5. The Trustees of any Academy incorporated under Additional the provisions of this Act, besides the general powers andTruBtees of privileges of a Corporation, shall have power : u°BX/tW8 1. To take and hold, by gift, grant, subscription, bequest, -^''*- or devise, any property, personal or real, the annual income or revenue of which shall not exceed four thousand dollars ; 2. To sell, mortgage, let, or otherwise use and dispose of such property for the benefit of such Academy ; 3. To direct and prescribe the course of study and dis- cipline in such Academy ; 4. To appoint a Treasurer, Clerk, Principal, and such other officers and agents as they shall deem necessary, who shall hold their offices during the pleasure of the Trustees ; 5. To ascertain and fix the salaries of all the officers of the Academy : 260 , INSTITUTIONS OP LBABN}NG. 6. To make all ordinances and by-laws necessary to carry into effect the foregoing powers. Mb]e*efto"* Sec. 6. Any Institution incorporated under the provisions ^d*esami- of this Act, shall be always subject to the visitation and examination of the Superintendent of Public Instruction, and also to a Board of Yisitors, (three in number,) to be annually appointed by said Superintendent ; and said Vis- itors shall report to said Superintendent as soon after an examination as practicable. to b«*'a**-°^ Sec. 7. The Tru^ees of any Institution incorporated pii«d. under the provisions of this Act, shall apply all funds and property belonging thereto, according to their best judg- ment, to the promotion of its objects and interests : Pro- vided, That any gift, bequest or donation to such Institu- tion for any specific object, shall be faithfully applied to the object specified by such donor. . 00 and S5.] It is agreed between A. B., Director of School District No. , in the township of , on the part of said Dis- trict, and C. D., a qualified Teacher of the township of , that the said C. D. is to teach the Primary School of said District for the term of , commenciDg" on the "" day of , A D. IS , for the sum of per ; and that for such services, properly rendered, the said A. B. is to pay the said C. D. the amount of his wages as ascertained by this memorandum, on or before the day of , A. D. 18 . In witness whereof the said parties have hereunto set their names this day of , A. D. 18 . A. B,, Director, C. D., TeacJier. This contract is approved by E. F., Moderator, Gr. H., Assessor. Bemark 1. The Teacher should be furnished with a copy of this contract, and a duplicate should be filed with the Director. HemarJ:. 2. The wages should be specified per week or month. The latter is preferable. [See Note C] Bemark 3. Section 60 expressly provides that no School moneys apportioned to any District, shall be appropriated to any other use than the payment of Teachers' wages, and that no part thereof shall be paid to any Teacher who has not received a certificate from the School Inspectors before commencing the ScJiool. [See Form No. 17.] Bemark 4. In case of enlarged District Boards, the ap- proval of at least two of the four Trustees is necessary in the employment of Teachers, in addition to the approval of the Moderator or Assessor. UNDER THE SCHOOL LAW. 205 The concurrence essential in the employment of Teachers is stated at length in Note 0., which see. NO. IX. Form of Endorsement for the Extens^/m of Wrtrravt. rs<'e Section 47.] We do hereby extend the time for the collection ot the annexed rate bill, thirty days, [any shorter period may be specified.] beyond the time named in the annexed [within] warrant. Dated this day of . 18 . A. B., Director, C. D., Moderator. XO. X. Form of Order 'wpon Assessor for Mcyneys to he disbursed hy School jDist/ricts. [Sec Sections 29 and 53 ] Assesscr of School District No. , Toiunship of Pay to the order of . the sum of dollars out of any moneys in your haiidw belonging to the aforesaid School District. Dated this day of A. D. 18 . A. B., Director. NoiK. — ^Th"? above order mast be coaDter>!mr;d bv thf '.'r.riemVir NO. XI. Farm of Warrant upon Tovyaship Treasurer for Morceys belonging to School Districts. [See Sections 20, bZ an! lOQ.] Treasurer of the Toiunship oj Pay to the order of . the sum of dollars, out of [here insert the particular fund,] in your hands, be- 296 - POEMS FOR PROCEEDINGS longing to Scliool District No. , of said townsMp. Dated at , this day of , A. D. 18 . A. B., Director. NcHE.— Tiie above warrant must be countersigned by the Moderator. NO. XIL Frn'-iii of Bejyort l)y the District Board to the Supervisor, [See Sections 56, 57, 58,n06 and 108.] Bv/pef visor of the Township of The "undersigned, District Board for Scliool District No. 5 in said township, do hereby certify that the follow- ing taxes have] been voted in said district, during the School year last closed, viz : [Here specify the amount of each tax voted, and the purpose to which it is appropriated : Also, the amount of taxes imposed by the District Board, and give the sum to^ tal of the whole,] which you will assess upon the taxable property of said District, as the law directs. Dated at , this day of A. D. 18 . A. B., Moderator, C. D., Director, E. F., Assessor. NO. XIII. Form of Assessor's Bond. [See Sections 61 and 62.] KnoWg all men by these presents, That we, A. B., [the Assessor of School District No. , in the township of ,] CD. and E. F., [his sureties,] are held and fomly bound unto the said District, in the sum of [here insert a sum of double the amount to come into the Asses- sor's hands,] to be paid to the said District ; for the pay- ment of which sum well and truly to be made, we bind UNDER THE SCHOOL LAW. 297 ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such, that if A. B., Assessor of said District, shall faithfully apply all moneys that shall come into his hands by virtue of his office, then this obligation shall be void ; otherwise of full force and virtue. Sealed with our Seals, and dated this day of A. D. 18 . A. B., [L. s.] C. D., [L. s.] • E. F., [L. s.] Signed, sealed and delivered in ) presence of j" Remark. This bond should be endorsed as follows : " We approve the within bond." [Signed.] G. H., Moderator, I. K., Director, NO. XIY. Form of Bond to he given hj the Chaimian of the Board of School Insjjectors. [See Sections 68, 69 and 70.] Know all men by these presents, that we, A. B., [the chairman ^of the Board of School Inspectors of the town- ship of ,] and C. D. and E. F., [his sureties,] are held, and firmly bound unto the said township, in the sum of, [here insert the sum of double the amount to come into said chaiyman's hands, as nearly as the same can be as- certained,] for the payment of which sum well and truly to be tnade to the said township, Ave bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. 38 ' . 298 ■ FORMS FOR PROCEEDINGS The condition of this, obligation is snch, that if A. B,, chairman of the Board of School Inspectors, shall faithfully appropriate all moneys that may come into his hands by virtue of his office, then this obligation shall be void, other- wise of full force and virtue. Sealed with our seals, and dated this day of , A. D., 18 . A. B., [L. s.] C. D, [L. s.] B. F., [L. s.] Signed, sealed and delivered in ) presence of f Remark. This bond should be given before any moneys come into his hands, and should be endorsed as follows : " I approve the Avithin bond." [Signed,] G-. H., ToivnsJiip Clerk. NO. XY. Form of Ap])ointment of District Ofwer shy District Board. [See Section 66.] The undersigned, members of the District Board of School District No. , in the township of , do hereby appoint A. B., Director of said District, to fill tho vacancy created by the removal, [resignation or death, as the case may be,] of C. D,, the late incumbent. Dated this day of , A. D. 18 . E. F., Moderator. G. H., Assessor. Bemarh 1. The words in italics in the above form should be varied to suit the case. Bemarh 2. The Director should record any appointmeat that may be made, and persons appointed to office.should file with the Director a certificate of acceptance, according to the provisions of Section 5. [See Form No. 4.] UNDER THE SCHOOL LAW. 299' NO. XVI. Form of Ai)imntriwnt of District 0-fficers^ hy School In- sj)ectors. [See Section 95.] The undersigned, School Inspectors for the township of , do hereby appoint 0. P., Assessor of School Dis- trict No. , in said township, to fill the vacancy created by the death of Q. R., the late incumbent. Dated this day of , A. D. 18 . A. B., CD., E. F., School Inspectors. jfK5~ See tho r<-^mark3 following the preeeJing Form. NO. XVII. Form of Certificate to he given hy School Ins^yectors to Qual- ified Teachers. [See Sections 39, 85, 86, 87, 8S, 89 and 90.] The undersigned, Inspectors of Primary Schools for the township of , in the county of , having person- ally examined A. B. at a regular meeting of the Board, called for that purpose, and having ascertained his [or her] qualifications in respect to moral character, learning, and ability to instruct a Primary School, do hereby cbrtift, that he [or she] is duly qualified for that service, and ac- cordingly he [or she] is hereby licensed to teach Primary Schools in said township for two years from the date hereof, unless this certificate shall, before that time, be annulled according to law. Given under our hands thi? day of , A. D. IS . CD., E. F., G. H. School Inspectors, iilj' ■"v" 3d Remark following Form Xo. S. 300 FORMS FOE, PROCEEDINGS NO. XVIIL ■ Form of Notice of Meeting of Ins^eGtovs for Examination of School Teacliers. [See Section S6.] Notice is hereby given, that for the purpose of making an examination of all persons who may offer themselves as candidates for Teachers of the Primary Schools of this township, the Board of School Inspectors thereof will meet [here insert the time and place of meeting.] Dated this day of , 18 „ A. B., Township Glerh. Remarlc 1. Whenever tlie Inspectors deem it necessarj? to re-examine any Teacher, they shall serve the following notice upon him, according to the provisions of Section 90 .* Fonn of Notice for Re-examination. To A. B.: Sir, — You are hereby notified that the undersigned, School Inspectors for the township of , will hold a meeting at on the day of , at o'clock. . M. You will please appear before them at the time and place aforesaid, for re-examination. It is our purpose to annul your certificate if you are found deficient in the qualifications requisite for a Primary School Teacher. 4^ This notice should be dated and signed in the same manner as the above Certificate. Bemarh 2. In case it be found necessary to annul the Teacher's certificate, it shall be sufficient for that purpose for the Clerk of th© Board of School Inspectors to make the usaal record of their proceedings : Provided, the Teacher appears before them and gives up his certificate,, which it is his duty to do. Otherwise, in addition to said record, the Inspectors shall cause the following notice to be posted up in three public places in the township, or to be inserted in a newspaper of the township, if there b© one: UNDER THE SCHOOL LAW. 301 "The undersigned, School Inspectors for the township of , having this day re-examined A. B., a Primary School Teacher in said township, and regarding him in- competent to discharge the duties of his office, we hereby give notice that his certificate is annulled according to the provisions of law." tW^ This notice should ho dated and signed in the same manner as the preceding one. NO. XIX. Form of Certificate to he given to the Director of a School Distrrict hj the Boards of School Inspectors when they es- tcMish the Site. [iee Sections 19 and 20.] The inhabitants of District No. , in the township of , having failed, at a legal meeting, to establish a site for a School-house, the Board of School Inspectors hereby certify, that they have determined that the said site shall be as follows : [Describe as in the deed.] Given under our hands this day of , A. D. 18 . A. B., •C. D., E. F., Sclwol Inspectors. NO. XX. Forrii of a Deed. [See Section 59.] Know all men by these presents. That A. B. and C. D., his wife, of the township of , in the county of , and State of Michigan, party of the first part, for and in consideration of the sum of dollars, to them paid by the District Board of School District No. , of the town- ship, county and State aforesaid, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and 302 FOEMS FOR PSOCEEDINGB convey to School District No. . the part}- of the second part, and their assigns, forever, the foUo-wing described ppa'cel of land, namely : [Here insert description.] Together with all the privileges and appurtenances thereunto belonging, to have and to hold the same to the said party of the second part, and their assigns, forever. And the said party of the first part, for themselves, theii' heirs; executors and administrators, do covenant, grant, bargain and agree, to and with the said party of the second part, and their assigns, that at the time of the ensealing and delivery of these presents, they were well seized of the premises above conveyed, as of a good, sure, perfect. absolute and indefeasible estate of inheritance in the law, in fee simple, and that the said lands and premises are free from all encumbrances whatever ; and that the above bar- gained premises, in the quiet and peaceable possession of the said party of second part, and their assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, they will forever warrant and defend. In witness whereof, the said A. B. and C. D., his wife, party of the first part, have hereunto set their hands and ^seals, this day of A. D. 18 . A. B., [seal.] C. D., [seal.] Signed, sealed and delivered in ) presence of H. I., V J. K. ) EemarTc. In order to protect the District in its title to a site, the deed thereof must be recorded in the Eegister's oiSce. ;gi3= It will readily be seen how the preceding form should be varied, in case the peisoa siriD^ a deed is unmarried. UNDER THJE SCHOOL LAW. 303 NO. XXI. Form of a Lease. [See Section 5'j.] Know all men by these presents, that A. B., of the town- ship of , in the county of . , and State of Michigan, of the first part, for the consideration herein mentioned, does hereby lease unto School District No. , in the township, county and State aforesaid, party of the ' second part, and their assigns, the following parcel of land, to- wit : [here insert description ;] with all the privileges and appurtenances thereunto belonging ; to have and to hold the same for and during the term of years from the day of , A. D. 18 . And the said party of the second part, for themselves and their assigns, do cove- nant and agree to pay the said party of the first part, for the said premises, the annual rent of dollars. In testimony whereof, the said parties have hereunto set their hands and seals, this day of , A. D. 18 . A. B., [seal.] Lessor. CD.,) E. F., V [SEAL.] G.H. ) District Board of School District No. of the aforesaid township. Signed and sealed in the presence ) of I. J.. V K. L. ) Remark. A Lease, like a Deed, must be recorded in the Register's oflSce, in order to protect the District in its title to a site. J8®" The Lessor will probably want a copy of the lease. If so, a duplicate should be made and Bigned as alove, and placed on file with the Director, to be delivered with other papers ^ of hia oflice to hLs successor. 304 FORMS FOR PROCEEDINGS OS rf^ en Whole District. Fractional District. S " ° o • B'tS-a- cr*. O -* Number of Children in the District hetween the ages of four and eighteen years. Whole number of Chfldren that have attended School during the year. Number of months a School has been taught during the year by qualified Teachers. Name of each Qualified Teacher. (See Note relating to " Qualified Teschers.") Number of months a School has been taught by each Teacher. Total amount of ivages paid to each Teacher. Amount of public money received from To-maship Treasurer. Whole amount of money raised by tax upon property in the District. To build School-house. To repair School house. On the Scholar, to pay Teachers' Tvages- rfi- (See Section 140.) For all other purposes. n IP- o Tl rr e «■ si CD t= Amount raised by rate bill. :5=i i Si ^ m a ^ o ©. ai • & s 1 • ^ s o I!-' UNDER THE SCHOOL LAW. 305 NOTES TO FOEM NO. XXII. Fractional Districts^ No. 2. — A full report from a frac- tional District should be made only to the Inspectors op the township in which the School-house is situated. (See Section 81.) A SEPARATE REPORT should be made to the Clerk of each of the other townships in which the District is IN part situated, giving merely 1^^ the number of children be- tween the ages of four and eighteen years, residing in that part of the District situated within each of said town- ships."®^ This latter report is required by Section 82, and constitutes the basis upon which books are drawn from the Township Library in accordance with the provisions of Sections 82 and 115, but ceases to be of any practical utility where the operations of the latter Section are sus- pended in accordance with the provisions of Section 144. Qualified Teachers, No. 6. — A "Qualified Teacher," within the meaning of the statutes, is one who holds a certificate from the School Inspectors, in accordance with the provi- sions of Section 85 of the School Law. District Boards should see that all Teachers they employ possess such a certificate before beginning to teach a School. Other- wise, they can neither pay them public money, nor receive any on account of their teaching. (See Sections 60 and 80.) 39 306 FORMS FOB PROCEEDINGS H-i Whole Distrints. No. o Distric School IS inth ship. bO Fractional Districts. B g i? g. ■ Number of ChUdren in each District between the ages of four and eighteen jears. Whole number of Children that have attended School during the jear. Number of months a School has been taught in each District by quahfied Teachers. Number of qualified male Teachers that have been employed in each District. Number of qualified female Teachers that have been employed in each District. Total amovmt of wages paid to Teachers in each District. »— ' o Amount of Public Money received from Township Trersurer in each District. 1— ' 1—1 Whole amount of money raised by tax upon property in each Distiict. To build School house. Purposes for which it was raised, and the amouni raised for each particular purpose. CO To repair School-house. 1— ' On the scholar, to pay Teachers' wages. cn For all other purposes. C: Amount raised by rate bUl. -a Number of Volumes in the Township Library. 1— ' oc Amount of mill tax raised in the township. [See Sections 107, 142 and 143.] I— 1 Amount of fines, peraltiea, etc , received of County Trea purchase of bocks for Township Library. [See Section 118 ] surer for the UNDER THE SCHOOL LAW. 307 Annual tleports. Great pains have been taken in the preparation of the preceding forms for the Annual Reports of Directors and School Inspectors. It is made the duty of these offi- cers to make full returns. In some instances the reports have hardly shown more than the number of children be- tween the ages of four and eighteen years. To facilitate the work of making these reports, and to obviate any occasion for mistakes, the corresponding heads in the several forms are designated by the same number. No. 11 should embrace the total amount of taxes upon property, raised by the districts for School purposes, ex- cepting that specified in No. 16. The money raised by townships will be reported under head No. 18. [See notes J. and K. ; also notes appended to the tables in the Superintendent's Report.] NO. XXIV. Form of Wa/rra/nt on the TownsJiip Treasurer fon' IMmmi Moneys. pee Sections 107, 109 and 116,] T^ the Treasiter of the Toivnship of Cowaty of , Mich. : Pay to the order of , the sum of dollars, from any Library moneys now in your hands, or to come into your hands, the same being for Library Books pxir- chased for the Library of said township. Dated at , this day of 18 . A, B., C. D., Township Board of School Ins;pedors, JKS'The form of this warrant may be yaTiecl to suit the circamstanees^oftlie case. :E» .A. JEL T Z X X . Thb Primary School System; School Architecture; School Furniture ; School Apparatus; School Arrangements; Warming and Ventilation; School and Literary Books. THE PRIMARY SCHOOL SYSTEM. ORIGINAL DESIGN. The original legal provisions for the support and man- agement of the Primary Schools of Michigan were of a general character, and made no distinction between the different circumstances of the most sparsely populated settlements and the growing towns or villages. At the time of the passage of the first Primary School law by the Territorial government, and even when the State Consti- tution was adopted, and the first State School law enacted, there were very few villages large enough to furnish more scholars than could be accommodated in a single School, house. Had it been otherwise, it is probable that the legislation would have been the same; for the reason that the defects of the system, copied from older States, had not been considered, and no remedy was of course sought. The legislation seemed only to provide for, or to anticipate for the future, single Districts, to include no more territory than would furnish scholars sufficient for a single School- house, and one Teacher. This was probably the only svs- tem adapted to the necessities of sparsely settled sections where to obtain the required number of scholars for a School, some must travel perhaps two miles, with bad roads, to reach a common centre. The only system thus adapted to the necessities of the case in the country, was given also to the towns ; and in many instances, the small villages, with the territory im- mediately adjacent, furnished no more than enough scholars for a single District. While this state of things continued, 312 PEIMART SCHOOL SYSTEM. it was all that could be done ; but in three or four years, perhaps, the increase of population was such, that one Schoolhcuse was not large enough ; and the first, and probably the only thought was, to divide the District and build another house ; naturally leaving the old one badly located, in reference to its new relations. But soon a swarming of both hives was necessary, and another divi- sion was made, and a third District created. Thus in many villages there were created, in a very few years, two, three, and four School Districts, with as many enclosures dignified with the name of Schoolhouses, within pistol shot of each other, and most of them badly located. One section of the village, perhaps, had a School eight months in the year, another six, and another three — or none at all. Each acted independently of the others, as Districts ; one may have had what was called a good School, (good by comparison,) and another, a wretchedly poor one — and sometimes the only rivalry seemed to be, to prove which could have the most objectionable School appliances, and the worst management, and acquire the reputation of sustaining the name of a School with the least espense. In some instances it may be, a District might be found, where a few citizens of enlarged and liberal views, were able to infuse a similar spirit into the hearts of their neigh- bors, and in their District a Schoolhouse was built and furnished in a style that was the delight of the children, and the pride of its patrons ; while the children of an ad- joining District — the every-day playmates, out of School, of the favored ones — were required to assemble at the miserable hovel, built with less taste, and attended to with less care, than was the horse-barn of many of the fathers of the injured pupils. Two lads might leave home from opposite sides of the street, walk together for a time, and one turn one way to his pleasant School, with joyous asso- ciations, while the other went another way to his School, PRIMARY SCHOOL SYSTEM. 313 envious of his fellow, and disgnsted and disheartened by the prospect before him. Under such circumstances, the children often felt that they were paying a dear price for their education, inas- much as it was at the expense of all pleasant enjoyment, and by doing continual penance. Their oppressed hearts told them that their parents were doing them a serious wrong, in thus degrading them, while their friends were provided with an elegant building, a popular Teacher, and everything to make their School pleasant and desirable. THE MAIN DIFFICULTY. But the above were not the only, or the greatest evils of the system. The District in which the most enterprise was shown, was yet sadly deficient in the highest means of success. There was a radical defect in the system, which could be but partially removed in a small District School, with a single Teacher. A man with but one mind, or but two hands, can hardly be expected to do half a dozen things at the same time, and do all well. If half a dozen things must be done at the same time, and in the best possible manner, the first suggestion of any mind would be, that at least three (if not six) persons should be employed. But if the place where the work is to be done is so small that but one per- son can occupy it, then he alone must do the best he can, and labor with such success as he may. This is the diffi- culty in the single-District School. There are several things to be accomplished, and there is room for but one laborer. There are several things to be done, or several grades of labor, in the Primary School. They all relate to the same subject, but comprise a variety in action, scarcely less than will be found in the manufacture of the Teacher's desk, from the time the tree is cut in the forest, till it re- ceives the last application of varnish from the' hand of the 40 314 PRIMARY SCHOOL SYSTEM. finislier. Teaching a child his letters is as unlike teaching Algebra, as sawing the lumber for the desk is unlike put- ting the lock upon the drawer. And if one Teacher is required to do both, including all the intermediate branches, perhaps ten or twelve in number, can he be expected to ^abor otherwise than under most serious obstacles to suc- cess ? Difficulties in the government of a School similar to those in teaching, will be found where all ages are brought together. The child of six years not only should be taught by a standard different from the one adapted to the youth of sixteen, but he should be governed by a dif- ferent rule. Andthis it is extremely difficult to do, in a School of promiscuous ages. Many a little one has been almost martyrized by rules made for the larger scholars. Suppose a Director orders three dozen desks for his Schoolhouse and the manufacturer has them in different stages of progress. He divides them into six classes, ac- cording to the amount of work that has been done upon each. In the morning he commences his labor by working half an hour upon the class just commenced ; then he works half an hour upon a class that was commenced yes- terday ; then half an hour upon a class ready to be put to- gether — and so on, till the last thirty minutes before noon are spent upon those which are thereby completed. In. the afternoon he goes through the same varieties. What would be thought of such a mechanic's judgment ? His folly would be as deplorable as is the necessity of an anal- ogous course in the best classification that can be made in a single-District School. In the latter case, however, the Teacher can do no better. He divides the material upon which he works — the knowledges which he is manufactur- ing — into several classes, according to their state of ad- vancement, and appropriates a few minutes to each in ro- tation ; and while he is attending to one class, the others are to a greater or less extent, losing the time. This is a traded School, in the lowest sense : so low that the term is PRIMARY SCHOOL SYSTEM. 315 inapplicable ; and the divisions are by common consent called "classes." Yet to this necessity is the Teacher in the single-District School shut up. Under this system every District must secure a Teacher competent in every branch of study to be pursued ; and the inevitable result was, that in most Schools, only the common elementary branches could be taught, whatever the number in the District who might wish to take deeper draughts at the fountain of knowledge. Yet this system has until recently, been generally pursued from generation to generation ; and the youth who wished for more than the mere elements of an education in School, has been subjected to the expense of leaving the paternal roof to obtain it. The great portion could not do this, and thou- sands have thus outgrown the Primary School, and gone through life, vainly dreaming of realms of knowledge to which they might never attain. Thousands of our fellow citizens now in middle life, as well as of more advanced age, obtained what was called " a good Common School education," and yet never studied anything more than Reading, Writing, Grammar, Arith- matic and Geography. Their subsequent education has been only self directed, and though an active mind must progress, with what immense loss has it been ! Many a young man in the country has gone through with these studies, and at the age of fifteen he knew all that his in- structor could teach him ; and thus situated, with a bare foundation laid, and his soul panting for a higher flight, he found no one to point out his course, to direct him to high- er studies — much less to instruct him in them ! Many a man it is not doubted, will in these remarks see his history written. With buoyant spirit he took the hand of his guide in the path of knowledge. From the humility and ignorance of childhood, up the base of the hill of sci- ence he rose. At every step, new beauties met his eye, new aspirations thrilled his soul, fatigue was forgotten, 316 PRIMAEY SCHOOL SYSTEM. imagination foretold his triumph, and he dreamed of no barrier that he could not easily surmount, to prevent his standing ere long upon the hill-top, where he could take in the almost boundless view of all knowledge! But alas! in the midst of his high hopes and brilliant anticipations, his guide informed him that he had accompanied him as far as he had ever been — as far as he had strength to go, and he must pause in his journey, or seek another guide. He could neither guide him farther, or direct him what path to pursue, in an effort to go alone. His circumstances did not allow of his finding a competent guide ; his prospect was blighted, and he has since been wandering in the wil- derness of knowledge, with comparatively slight progress, vainly longing to stand upon the summit of the mount, where he may hold converse with the mysteries of that ex- istence which he dimly sees and strangely feels ! The great portion of Primary Schools in the land could not secure Teachers for any other than the lower branches pursued ; and many who were employed, were incompetent even in those. The wages usually paid, were not a suffi- cient inducement for men to qualify themselves for the work, much less to make it a profession. Poor pay, short terms, and disgusting Schooihouses, were not peculiarly calculated to inspire a love of teaching, in those who were fitted for it; and the army of Teachers was composed mainly of young men who could not earn a dollar a day by labor, and young women who found it their most genteel means of aiding an indigent family, or of buying their wed- ding dress. Neither class expected to follow the pursuit for any considerable length of time. Occasionally there might be one who was considered a sort of professional Teacher; but in a majority of such instances, probably, they were those who had failed in other pursuits. Doubtless those who taught, had some ambition to excel — but what a standard ! They could not go to the neces- sary expense and time for a thorough preparation, and PRIMARY SCHOOL SYSTEM. 317 their only mcdel was in the Teachers who had preceded them. Those they fctrovo to excel hy imitating them !^ As i/iezV Teacher "kept the School," so they kept it! And required as they were, to do a dozen things at once, it is not strange that the work was poorly done, and that the pupils made no greater progress in the common branches, in two years, than they might have made in one, had they been taught to reason as well as to recite, to think as well as to remember, and to investigate causes as well as effects. A soldier who excelled in every martial characteristic, except that he was repeatedly intoxicated, was asked by his commander, why he who was a pattern soldier in all other respects, would persist in degrading himself by that one bad habit. Touching his hat with overacted polite- ness, he replied : " Why, Captain, could you expect to find a man with all the cardinal virtues for seven dollars a month?" And thus might the Teachers of Common Schools have asked in former days — and perhaps, some- times yet : Can j^ou expect all knowledge in a School Master, for less wages than he can earn by sawing wood?t Is it a wonder that Common Schools came to be regarded with no small degree of contempt by all — parents, Teach- ers and scholars? Is it any wonder that so many attended School with little or no interest in its exercises — realizing only the idea of poor Schools for poor scholars? The whole system was defective, and calculated to per- petuate a race of poor Teachers, half developed scholars, and uninterested parents. With wages so low that few were tempted to engage in teaching, save those who were too young, or too incompetent, or too indolent, to enter * The writer once making an official visit to a School "kept" by a "qualified teacher," urged upon him that he might derive advantage from the experieoce of others, and for tJiis purpose invilel him to become a subscriber to a School Journal published in the State. But he indignantly rejected the proposition, saying, " his own experience had placed him beyond the reach of improvement t" He excelled only in imitating himself. f An experienced female Teacher, receiving a visit from a School officer at her School, feel- ing that an apology was necessary for its appearance, remarked to her visitor : " It ain't much they pays me ; and it ain't nmch I teaches their chiWren." 318 PRIMARY SCHOOL SYSTEM. upon the ordinary pursuits of life, and with Schoolhouses whose location, architecture, furniture and surroundiugs, were often a disgrace to civilized humanity, there was little to elevate the School to its proper dignity, and make it a place for the children to love. Yet parents thought they felt a deep interest in their Schools — and doubtless they did, in their way. A free people could not be indif- ferent to the education of their children. The fault was less in them than in the system ; which they seemed to regard as susceptible of but little improvement. Had they appreciated what their Schools might be, even with all the inherent evils of the system, great improvements would have ensued. There was no necessity even in the country, for farmers to send their sons and daughters to a Schoolhouse built with less architectural taste than were their granaries, and with scarcely more regard to the de- cencies of life, in its appendages, than characterize the abodes of the lowest tribes of savages ! Some may regard these comparisons as too strong ; but we speak only of what most persons must have many, many times witnessed. Had Districts remedied these evils — so glaring, so ob- noxious, that it is strange they were not sooner seen — and adopted the plan of paying male Teachers forty or fifty dollars per month instead of twelve or fifteen, and in- creased the wages of female Teachers in proportion, a short time would have witnessed a great improvement. But they saw not the evil ; or seeiug it, could imagine no remedy. And they could hardly be expected to employ the talent that would command those wages in other pur- suits, to teach the many children to read, because a few wished to pursue a more advanced course. And had they done so, the vital evils of the single-District system would have remained untouched, so far as the system was concerned. PRIMARY SCHOOL SYSTEM. 319' FOR POPULOUS SETTLEMENTS, A BETTER WAY. Suppose four Districts, embracing not much more than a mile square each, as is the case in some of our towns, each with its School hovel and Teacher, and each with forty scholars. One has a competent Teacher to instruct the large scholars, and the smaller ones are neglected. Another has a female to teach the small children, and the large ones stay at home, or attend only to make difficulty. Now let these Districts become one, with a commodious Schoolhouse near the centre, and the number of scholars will probably be increased from one hundred and sixty, to two hundred. Let them be divided into three grades, and perhaps eighty would come into the Primary Department. These would be taught by two females, who at whatever wages might be paid them, would probably accomplish more than any Teachers of the other sex. The studies of this Department would be simple, and the Teacher's suc- cess would depend more upon the tact, in which females excel, than in the talent of more learned men. The next, or Intermediate Department, might include seventy more of the whole number, and would require one competent Teacher, and the payment of as high wages, perhaps, as is paid to both the female Teachers in the lower Department. The other, or High Department, would take the remaining fifty of the scholars, who would enter it sufficiently ad- vanced to engage in History, Philosophy, Book-keeping, Algebra, Geometry, or Astronomy. This grade will re- quire a Teacher of still higher attainments, and command- ing higher wages. He will also be the head of the other Departments. If the single Districts before employed a male Teacher in the winter and a female in the summer, as is usual, we have now two of each for the year — which is practically the same thing, and no portion of the chil- dren will be at any time excluded from School for the want of an appropriate Teacher. The wages paid may be 320 PEIMARY SCHOOL SYSTEM. increased, but probably not more than §qual to tke in- creased number of scholars. To furnish instruction to all, we are no longer required to realize the figiare of the poet, when he talks of " The ocean being into tempest toss'd, To waft a feather, or to drown a fly ! " In other words, we are no longer required to employ a University scholar to teach a portion of our children their letters, or let the others go untaught. We may thus ob- tain a full supply of Teachers, by the simple principle of a " division of labor," and each will labor under the most advantageous circumstances. WHAT EVERY VILLAGE AND CITY SHOULD DO. From the foregoing — which is but a mere glance at the subject — the remedy, where circumstances will admit of its application, is readily suggested. Wherever the popu- lation is sufficiently dense to furnish within a convenient distance from a common centre, more scholars than can be properly instructed by one Teacher, the territory thus in- cluded should still comprise but one District, with two or more School rooms, where the small scholars can occupy one apartment, and the larger another ; each with a Teacher of qualifications adapted to his or her position. If the number of children within such bounds requires more than two Teachers, they should be divided into three grades. Where the number does not exceed four or five hundred, several considerations would counsel but one central build- ing, with rooms for the several grades ; but when the children exceed five hundred, it will be better to use the €entral house for the Higher Departments alone, and pro- vide for the Primary Department in as many smaller houses variously located, as the demand may require. The con- gregating of more than five hundred children of all ages in one building, is of doubtful policy ; and in a place of five thousand or more inhabitants, it is desirable that tlie PEIMARY SCHOOL SYSTEM. 321 Bmall children be not exposed to the bustle, not to say the danger, and bad moral inflaences, of the crowded busineeg streets through which they ranst pass less or more, to at- tend the central School. These considerations Avere at first a serious objection in the mind-i of many, to Union Schools ; and it was truly an objection in large villages, if but one house was contemplated. The sm ill children will comprise not far from two fifths of the whole. With branch S hoolhouses, they will have a less distance to travel, and will be more directly under their parents' eye. The other three fifths of the scholars can meet at the central building without inconvenience, where they may be divided into as many grades, or sections of grades, as circumstances may demand. It is still but one School, with a common interest, a common expense, controlled by the same officers, and with teachers respon- sible to one head. WHAT IS BEING DONE. There is perhaps no subject upon which public sentiment has undergone a greater change within the last ten years, than that of Primary Schools.' Villages and cities that have hardly doubled in population within that time, have ten to fifteen times the amount of money invested in School- houses that they had, eight or ten years ago. It is doubt- ful whether, ten years since, there were ten Schoolhouses in all the villages of this State, that would now be pro- nounced so much as respectable in appearance. In this respect the villages were behind the country in enterprise, taking into account their difference in circumstances. But what a change ! Now almost every village of any impor- tance — several of them having become cities in their gov- ernment — has its School house or houses, to attract the traveller's eye with as much prominence as their churches, or other public buildings. The city of Adrian, eight years since, had not two thon- 41 322 PRIMARY SCHOOL SYSTEM. sand dollars invested in Scliool property. The value of lier Schoolhouses and grounds is now not far from thirty- five tliousand dollars. Yet tlie accomDiodations are not equal to the wants of li-.;:r t\vo tliousund children, and fonr or five thousand dollars pt.r annum it is expected will be ex- pended for two or three years to come. Yet no tax-payer doubts that this expenditure has increased the real value of his property more than equal with the tax he has paid. The city of Ann Arbor, with twelve hundred and thirty- nine children, has within five years, erected a Schoolhouse one hundred feet in length, costing, with the grounds, twenty-eight thousand dollars ; and her citizens are not satisfied with thst. The township of Dexter Las less than five hundred child- ren ; yet the village has a Schoolhouse that cost seven thousand dollars. This expense has been incurred for about two hundred and fifty children. The city of Monroe, vv^ith twelve hundred and forty-five children between the legal ages, has recently erected a Schoolhouse at an expense of ten thousand dollars. ■ The village of Tecumsehhas within two years past, com- pleted a Schoolhouse at an expense of fifteen thousand dollars. The Eeport for the last year states the number of children between the legal ages, to be four hundred and &ixty-eight ; and the number attending School, four hundred and twenty-two. Seven years ago, the village of Niles, with about five hundred children, had one School, and employed a Teacher at fifteen dollars per month — or it would be as correct to say that a Teacher was paid that sum, and they had no School ; for the average number in attendance required bet- ten and one-half seats I The name of a School was kept up sufficiently to draw their portion of the Interest fund, and that, probably, was all that was expended. It seems almost incredible that a place of business enterprise like Niles, could sink so low in educational afi'airs. But the PRIMARY SCHOOL SYSTEM. 323 Citizens of that place resolved to redeem themeelves from their reproach, and Niles has now a Schoolhou?e one hun- dred feet it length, standing upon a lot forty by sixteen rods, or four acres in s^ize, beautifully ornamented with native forest trees — the whole costing nbnni tlnrty thou- sand dollars ! The city of Ypsilanti contains nine hundred and sixty- four children within the legal ages. A Schoolhouse that cost fifteen thousand dollars was recently burned. Anoth- er is already erected, one hundred and twenty feet front, the center ninety-three, and the wings seventy feet deep — the whole costing forty thousand dollars. These are examples of the educational spirit that now animates the citizens in most cities and villages in the State. Several other places might be named, where an equal or similar enterprize prevails. Every new move- ment begets new interest, dignifies the Primary School, and stimulates all classes in the noble work of Universal Education. SCHOOLS IN THE COUNTEY. As has been remarked, the Schools in the sparsely set- tled sections of the State cannot avail themselves of the benefits of the graded system to any considerable extent. This is a misfortune inseparably connected with their posi- tion ; but that they cannot do all that is desirable, is no reason why they should not do the very much that is within their power, for very great improvement. Let Schoolhouse be located, erected, and furnished with taste; let the unsightly, inconvenient hovel with all its repulsive aspects and surroundings, give place to a building and ac- companiments which, though on a small scale, the children may love and honor, as to them indeed a temple of knowl- edge — a place where they shall delight to repair — a place more attractive to them than are the homes of a majority — a place truly of poetry and flowers — a place of both natural 824 PKIMARY SCHOOL SYSTEM. and artificial beauty — a place inviting rather than repul- sive to the unsophisticated child, whose love of the heaii- tiful is pure, and one of the strongest elements of bis character. Then, whatever the expense, give them the best Teacher that can be obtained — not necessarily the most learned, but the one w^ith the best faculty of teach- ing to others what he himself knows — and all your in- creased expense shall be returned ten-fold in the more rapid development of the minds of the children you love. The first requisite to success in teaching, is to inspire an interest in the mind of the child. And can this be done by an arbitrary command — " be interested ?" The farmer can lead his horse to water — but can he make him drink? So you may compel a child to attend School where he oan evoke not one pleasant association for his mind to reet- upon, and command him to be interested in study. It is to him a prison ; he sighs to be aAvay among the flowers and fields teeming with beauty and song, or rolling snow- balls, and practicing the poetry of motion with his hand- Bled. What mother would send her child to learn bis Sabbath School lesson in a goose pasture, on the border of a green-coated frog pond? Yet such a course would be as wise as to send him to the Primary School, with such in- conveniences and non-attractions as are often provided. Give the children a Schoolhouse which they will love, and the number attending it, will be greatly increased, to lighten the burden of expense. The improvements in the Town Schools — the Normal School — Teachers' Associa- tions, and all the attendant influences, with the general interest in Primary School Education that has been awak- ened within the few past years, are fast raising up Teach- ers wnth a higher standard of qualification than most Districts in the country have formerly been able to obtaia. But to secure their services, higher wages must be paid than in former days. The race of twelve-dollars-a-month School Masters, it is hoped, is about to become extinct. PRIMARY SCHOOL SYSTEM. 225 Yet all tho increased expense of houses and Teachers will be only real retrenchment, in point of true economy. It 18 believed that such improvement might thus be made in tho country Schools', oven without grading, that the chil- dren would make greater progress in two years than they have formerly done in three I while their enjoyment in their duties would be incalculably increased. A PHILOSOPHICAL VIEW. The expense of these improvements is unv/orthy of a thought, if a just view of the importance of tho subject is taken. Shall the parent toil, and cheerfully expend large aum;*, to be often renewed, to clothe his child, so that hia person may appear well in society for a few brief years, and grudge an equal amount for a permanent endowment of his intellect, which is to exist forever? Education is very far from being for this life alone! If we know anything of the philosophy of the human soul, and its powers, Educa- tion does not become valueless, or annihilated, when we step out from this physical prison — when we shake offtheso chains of flesh — and go forth an enfranchised intellect, to the realities of a higher existence. What we possess, is lefi behind; but what we hnow, is a part of ourselves, insepara- ble from us, and must inhere in our nature throughout a now mysterious future State. Education is the training of the immortal nature ; and a subject really of no less im- portance while in the flesh, than it will be when the flesh haa returned to dust. We train dogs and horses — shall we educate our children with no higher view than he has who learns his dog to carry his basket? Is it not to-be apprehended that some who wish to edu- cate their children, have views of the subject but little higher than this, and are satisfied if they learn barely enough to pass through life respectably and successfully — educating them much as the showman does his monkey, only with reference to his ability to make money ? How 826 PEIMART SCHOOL SYSTEM. ■unworthy of a beiDg made '"bufc a little lower than the an- gels," are such views !^ There are perhaps some who would say — "while we are in the flesh, we must attend to the wants of the flesh ; Svnd when we go forth upon another existence, we will prepare for its circumstances as we meet them." Bat as well might the student in College spend all his time ivhile there, in furnishing his room with ex- travagance and pernicious luxuries, debasing his mind and ruining his health, and when remonstrated with, reply — "while I occupy this room, I must OBJoy it , when I go out to engage in life's responsibilities, there will be time enough to prepare far them !'"' If we oould take a true view of (he subject, we should perceive that our moral and intellectual necessities are pri- mary, and our physical wants secondary. Our moral and intellectual nature is the end, and material appliances are the means. But men often reverse this order, and make their immortal nature the slave of the m.ortal ; they de- vote all their interest and labor for that which dies, and are regardless only of that which will ever li^e ! Men live and toil mainly for their children. They seek to hoard up money and lands to leave for their children to use wiicn tbey have passed to the home for all. But how many see to it with proper care, that their children are rightly educated, and prepared to occupy and eojoy the inheritance which they leave, or hope to leave them? How many appear more anxious to leave their children property and possessions to lose or squander after they die, than, while they live, to fill their minds with moral and intellectual wealth, of which nothing here or hereafter, can rob them ! A Avealthy individual left at his death, a princely sum to endow a College. Strangers to him became the managers * A professedly Christian parent being onee remonstrated with for not sending his daughter to School, said : " 'Ctetia ain't very well, and I'm afraid if I send her to school now^ she'll die before she gits to he a -woman, and then I shall lose all it costs me." PRIMARY SCHOOL SYSTEM. 327 of the fund, and gave the iastitution a tone according to their own bias, and used the money in quite a different manner from what he intended ; and his munificent grant was but little better than thrown away, as he would have regarded the matter, could he have returned to view the results. His son who inherited his vast estate, saw the failure, and profited by his father's error. He founded a College while he lived to superintend its inauguration, and determine its character. His money was thus used as he designed ; every dollar produced its intended result ; and he saw the benefits he had conferred upon his fellow men. Which was the Aviser man ? Like the latter, the wise man will use whatever moans are necessary for his children while he lives, and make the education of their minds and heiarts his great object ; so that if ho leaves them little or much else, he is sure to give them an inheritance for all the future of their being. MUTUAL EXCHANGBS. In many cases there might be found a partial remedy for the ungraded School in the rural Districts, by an ex- change of scholars -between the towns and the country. Such an exchange would be mutually beneficial. Men often send their children — particularly their daughters — away from home, when they know that their own School k in every respect equal to the one to which their chil- dren are sent. Education consists not in the knowledp'o O of books alone. The person is educated but partially, who has not studied the world outside of home. Such an one may know much, and the probability is, that he will yet be a narrow-minded bigot in all things. To become a full- grown man, he needs to study men, and learn "the ways of the world" outside of his own little world. The aston- ishing increase of travel in these days, is probably doing more to overcome the bigotry, and humble the self-conceit of the people of our land, than all other influences com- 328 PRIMARY SCHOOL SYSTEM. bioed conid do, in a time when thousands did not go a hundred miles from home during their lives. Going abroad shows men that this is a great world — that possibly their hous^e is not the only "centre" of it — that there are thoU' aands of rivers larger than theirs, and thousands of men who after all, know more than they do — truths which per^ haps, they would never have learned so as fully to appre- ciate, Irom books. The child of the farmer, cut off by circumstances, from all save a limited intercourse with the world, needs, more than all others, the advantages of going away from home; but this is ordinari-.tlly attended with an expense that few are able to bear, to any extent that will produce marked results. The end may be gained in some measure, howev- er, without expense, and the lack of a high department in the country School bo far supplied, by sending his more advanced children to the town to attend a graded School, and receiving a child from town to board in exchange, which child will also be benefited in various respects. He is probably more ignorant of the country than thd farmer's child is of the town ; and he or she will obtain quite as much and as useful information, by associating v/ith the country, as the other will by his intercourse with the town. Both will learn that there are many more things in the world than they ever dreamed of under their parental roof. This need not interfere with the legal exclusivenesB of School Districts, as " a fair exchange is no robbery •** and it is believed that no School Board would object to a measure mutually so beneficial. The youth from the country might -thus pursue higher branches of study than they could in their own ungraded School, and at the same time have the advantage of observing the habits and cus- toms of other people, of acquiring that ease of manners which comes r.y association with strangers, and of gaining that seli-reliance which they can never possess while ig- norant of their lellowj man. If the School Board in the PIIIMARY SCHOOL SYSTEM. 329 towns object that tlie excLaiige would not be equal, as j^robiibly tho scholars they would receive, would be older than those who go into the country, and require more ex- perienced teachers, lot them charge a trifling tuition. The diflerence at most, would be but slight, and by consulta- tions, the Boards of the respective Districts might arrange conditions satisfactory to all. Such an intermingling of families would do much to destroy the petty jealous- ies, envyiogs and exclusiveness of feeling that often ex- ists between the town and the country. The young would thereby extend tho circle of their acquaintance, and 80 far increase their opportunities of meeting with the most suitable partner for life. Tlie change would often prove highly conducive to the health of the parties, and all concerned would feel more than, before, that all men are their neighbors, and realize more fully the true broth- erhood of mankind. The subject is suggested to the read- er's consideration. UNION SCHOOLS. By a "Union School" is to be understood something more "than a mere consolidation of two or more Districts, and the gathering of all the children to be taught under ono roof. Twenty Districts might unite, and y«t, the union be only united confusion and anarchy. On the other hand, any number of Districts may unite under the provis- ions of Sections 92 and 93 of the Primary School Law, and continue to use all the old Schoolhouse?", with no other, and yet realize the complete design of a Union School. It may be the same thing, whether they do this, or occupy but ODC great central building ; but in the latter case, they must divide into separate rooms; and it matters not Tfhether tho several grades are separated by several streets, or only by a brick Avail. The important charaO' teristic of a Union School is the gradation of its depart- meiits; and this may be done as well with separate houses 42 330 PEIMAEY SCHOOL SYSTEM. as with separate rooms. If several houses are made use of, the Primary Department will be in one, to whioh all the small children will repair. Another house will be for another grade, and so on ; and the children from all parts of the same District will meet and pass each other daily on their way to School. In a village of moderate size, it will usually be found expedient to occupy but one house; but experience has shown that in large towns, it is abetter policy to have several houses. The law under which our Union Schools are established, had not for its end the mere union of Districts for a consolidation and saving of ex- pense, by making education more a wholesale business; all this was but a means to the end ; which end was, to grade the School, as it could not be done with limited numbers. The advantages to be derived from thus grad- ing the School according to the studies pursued, has already been alluded to. In the establishment of our earliest Union Schools, the plan was adopted of erecting one house for all the scholars. "Where the population has but slightly increased, the single house generally continues to bo u^iod ; but in the rapidly growing towns, the one house has soon become filled, and the phm is being changed by the erection of branch houses for the Primary departments. By this division, it becomes ro less a Union School. They are controlled by the same Board, and the same Superintendent • or Principal has charge of all as before. Any single District may avail itself of all the advanta.ges of a Union School, if it has scholars enough to require sev- eral Teachers. In thnt case the t'cholars may be classified under separate Teachers, and the School becomes thereby a Graded School. But single Districts seldom contain scholars in sufficient numbers. to adopt tliis course; herkce a union of Districts as the remedy. The Union School proper is no more than a large graded Primary School, with as many grades, or departments, as PRIMAKY SCHOOL SYSTEM. 331 the number of scholars and variety of studies may require, to furnish in the best manner, a good common education to its pupils, and prepare them morally and intellectually, for the respoDBibilities of life. A PEEPARATORY DEPARTMENT. Our State has a University, Avhich after a struggle of years in its early history, almost for its very existence, now stands upon broad and sure foundations, and is preparing many of our young men for a commanding influence in so- ciety. But in that struggle, the Branches, which were projected to facilitate the preparation of those who would wish to enter the University, expired ; and in all proba- bility, they will never be revived. A more than substitute however, has been found, by connecting with the Union Schools, a department with all the advantages and appli- ances expected in the Branches. This feature of the Pri- mary School, additional to the advantages it has formerly afforded to the young, is in harmony with its design, and an extension of its benefits. The extent to which the Pri- mary School shall go in its instruction, is decided only bj custom ; and it will hardly answer in this age of the Avorld, for Custom to declare its laws, like those of the Medes and Persians, unchangeable, whenever an advancing age, new circumstances, and new views, make a modification desira- ble. One of the main objects of the Union School is to teach successfully, higher branches than could be taught in the single-District School. By what rule then, shall the limit of these additional studies be prescribed ? Most evi- dently, by expediency, and regard to the greatest good of the greatest number. The State has provided a University where our young men may walk in the highest paths of literature. Its attempt to afford them facilities for reaching its classic halls proved a failure. Thus the State has acknowledged an obligation in this matter. The State cannot endow an 332 PRIMARY SCHOOL SYSTEM. Academy in every county, and private Schools to supply the waat, are too expensive for the masses — a great portion of those who wish for their aid, being persons of limited means. It were cruel mockery for the State to proclaim a free Ujiiversity to its youth, and at the same time remind them that they can reach it only by a heavy preliminary expense. The Union School has established one depart^ ment adJitional to the highest ordinary advantages of the old system — why not add another, and meet this great want in our otherwi^^e admirable educational system, and give our young meu and women all the advantages of the Acad- emy, iu their own immediate vicinity? But one possible objection, it is believed, can be urged against this plan ; and that is not valid, because the as- sumption is not true in fact. That is, that such a depart- ment would add to the expense of the Primary School. This is on the supposition th.it whatever one person gains, some other person must lose ; but this is not always true. Two farmers may exchange horses, and both make a good bargain. Much more may this be the case, in business arraiigemeuts relating solely to moral and intellectual means. It is not here proposed or recommended to admit sto- dents to this department absolutely free, or subject only to their share ia the rate bills. It is probable that a moder- ate tuition should be charged them. They might, pursxt- ant to the provisions of sections 141 and 142 of the School Law, bo charged such tuition as the Boards shall deem just, and those residing within or Avithout the District be received on the same terms. The burden of expense in attendance at a High School, is not in the tuition, but in the payment for board, where the student is required to go from home. But here, where the greater number would board at home, a small tuition, and yet more than sufficieni to meet the increased expense of the School, would be a PRIMARY SCHOOL SYSTEM. 333. very small consideration with those availing themselves of 80 great advantages. By these means, the number of persont* who will pursue the higher brandies of science, without reference to a Uni- versity education, will be greatly increased, and thus the blessings of education be more widely extended, and the number of competent School Teachers increased. The Primary School will be dignified in the minds of the young, and their desire for higher advancement stimulated. Thus it would seem to be in every way expedient and beneficial to all parties concerned, to establish such a department wherever it is called for in our Union Schools, under such regulations as the several District Boards may determine. SCHOOL BUILDINGS, AND THEIR APPENDAGES. The style and expense of Schoolhouses will of course be in conformity to the taste, ability, and enterprise of the citizens of the District. There are few Dibtricts in the town or country, where the ability of the inhabitants is not sufficient for the fitting up of a building and grounds, on a scale co extensive with the demand, and in a stjle equal to the taste they should cultivate, and the interest which they should have in the subject. Wherever the subject of education is properly appreciated, as much re- gard will be had to the style of the Schoolhouse, as there ia to that of the church. Our Creator could be worship- ped by the "great congregation" in a rude structure de- signed for secular use ; and our children may bow at the ahrine of knowledge in a log hovel ; but neither is desira- ble, if it can be avoided. As a man, in view of towering mountains, the mighty cataract, or an ocean storm, realizes more sensibly, the majesty and power of his Maker, so the child in a beautiful Schoolhouse, surrounded by verdant shade, and blooming flowern, will more fully realize the dignity of his own nature, and the desirableness of its im- 334 PEIMAEY SCHOOL SYSTEM. provement, and "be more interested and stimulated in his conrse. The Schoolhoiise and all its surronndings and furnisliing, should be snch as at the same time to please and improve the taste of the pupils. Who does not know the iromense influence the place he is in, has upon not only the child''8' mind, but also upon the minds of men? The man whose heart is properly educated to pure and elevated thoughts, may resist the influences of such places as are suggestive of iinwortby ideas, v/hile another who perhaps, passes in promiscuous society for a person of ordinary refinement, will break out, as it were, with the most degrading and vulgar thoughts and language — perhaps publish his deep self-degradation upon the walls! A true education should develop not only the intellect of the child, but every good quality of character ; so that he may at last stand a per- fect man, in all his moral, intellectual, and social being. And to do this, the Imagination requires cultivation no less than the Causality and Comparison. Yet is it not true, that Schools have aimed too exclusively, to store the mind with facts, while the moral nature has been little re- garded, and the imagination entirely neglected, and given over, a prey to every influence that debases it, and through it, degrades the whole character! No quality of the mind is mora active or powerful, or exerts a greater influence upon character, than the imagination ; and thousands of good men have been led to ruin, only because their imagi- nation in early life, v/as left undh^ected, uncontrolled, and uneducated. The School where our children spend years of the most impressible portion of their life, and where their charac- ters are beiog formed almost as imperceptibly as the gath- ering of the dew upon the flower, should have attractions inviting to their taste, and elevating to their thoughts. For the same reason, the child should be kept from all places and scenes that tend to degrade the mind. The pa- PRIMARY SCHOOL SYSTEM. 335 rent wbo permits Lis child to resort to places or scenes thus degrading, is as truly guilty, as he who sends his child to a School of crime. The surest way to ruin a young man, is to corrupt and debase his imagination. That is the traitor within the castle of the heart, that opens the gatjBs to the enemy. Who ever sent his child to a circus, and did not find that there, in a single lesson, he learned more vulgarity and debasement of thought, than he could unlearn by all counteracting influences in many weeks? The beautiful in nature and art will have a far better influence for the child's moral purity than wnll the uncome- ly and repulsive. The child trained to refinement of speech and manners, will be far less subject to the influ- ence of degrading thoughts, and less prone to improper or vile conduct, than if educated a clown in manners at home, and a blackguard in speech in the streets. Purity of heart is doubtless often found ia the lowest walks of life, and under the most unfavorable circumstances ; but it is in spite of the circumstance'^, and the purity is less elevated, and the virtue less ennobling than they Avould have been, in a more favorable position ; and there is little doubt that many a man might trace his moral ruin, in no small degree, to the circumstances of his early life, whose unpropilious influences awakened low thoughts, diminished self respect, and spoke to the mind and imagination onl^^ of degrada- tion and abasement. The soul of the child holds constant converse with the material world around him. His heart talks to the birds and flowers, and they speak back to him the language of joy and beauty. The world is ever discoursing to his vivid imagination, of beauty, purity, harmon}", love, and all that can awaken and strengthen high and worthy aspirations in his soul; or it is suggesting dark thoughts to his lower nature, and poisoning his imagination, which in turn poisons all the fountains of his moral being. As the images of ma- terial things are pictured upon the eye, so their influences 336 PEIMARY SCHOOL SYSTEM. are constantly impressing the heart — especially of the young. How desirable then — how essential — that the School room and the School shall speak favorably to theia" thoughts, cultivate self respect, and whisper ever to the heart, of propriety of speech and conduct, and make study pleasant, (and thus successful,) not only for its intrinsic value, but for its delightful and elevating associations I Make all beautiful. Let the architecture speak to them, thoughts grand and noble. Let the furniture talk to them of refined manners, and social courtesy. Let trees and flowers join their voices in songs of gladness, hope, and beauty. Let the chrystal fountain rise to gurgle forth its admouition to activity, and let everything be fitted to unite in the grand chorus that shall inspire the young hearts with pleasant, ennobling, elevating, energizing thoughts and emotions. He who loves his children with a love worthy of their high nature, will feel that money can hardly be expended in a better investment. These considerations have of late, come to be better ap- preciated perhaps, in the towns than in the country. But there is no reason why the country Schoolhouse should not be inaugurated with all the taste that can be displayed in the towns. That the former is comparatively a small build- ing, is no reason why it may not be beautiful. If it is small, it can be adorned with the less expense. The loca- tion should be select, the grounds capacious, and attended to with all the care of a flower garden. To say the least, the whole should be equal in appearance, to the best house and grounds in the District. Attention should be given to the roads, in reference to the Schoolhouse, so as to make it as easily accessible as the nature of the case will admit. Who can wonder that in many places, when the children are "dismissed," they feel as though they were released from prison ! A man may be excusable for not giving his child a good house to live in — poverty may forbid it. But no such excuse will justify the use of a hovel in the midst PRIMARY SCHOOL SYSTEM. 337 of a thistle field, for a School. The School house is built by the property in the district ; equally for the benefit of the poor, but not by them ; and there is perhaps, no Dis- trict where the aggregate means may not erect and furnish a good one without erabarassment. The Schoolhouse should also be located and constructed with careful reference to health. Before the introduction of stoves, there was little danger of scholars suffering for want of fresh air. The danger then, was entirely in the other direction. In the \^ inter there was too much air; and the children found it neces8ary»i.to ask permission to ''go to the fire," quite hs often as they sought aid in^their studies. On the introduction of stoves, it was found ne- cessary, in order to make them available, to make the room " tight." Accordingly every crevice was'^closed, the plas- tering — if the hout-e could boast the dignity'of a plastered wall — was repaired, and the cold air shut out, and the other extreme reached. Instead of freezing the children, the tendency then was to stupify them, by their breathing the air over and over, poisoned both by their lungs, and by the heated iron of the stove. The art of warming the room was attained ; but how to warm it without detriment to health, all seemed profoundly ignorant. A child will make little progress in study, while uncom- fortably seated, while suffering with cold, or stupified by breathing bad air. All our efforts therefore, for the edu- cation of the young, will lose a great part of their power unless these evils are avoided, in the' construction, furnish- ing, and warming of our Schoolhouses. It is believed that the citizens of this State are in a measure sensible of the importance of the subject here discussed, and that the suggestions made, will meet the approbation of all who give 1 hera due consideration. Under the provisions of law which require the Superintendent of Public Instruction to " prepare and cause to be printed 43 S38 PRIMARY SCHOOL SYSTEM. witb. the Laws reliting to Primary, Schools, all necessary forms, regulations and instniments for conducting all pro- ceedings under said laws, with such instructions relative to the organization and government of SEiid Schools as ho may deem advisable," and believing the work demanded by the importance of the subject, and the increasing public interest in education, he has prepared the following plans for Schoolhouses, furniture, &c., with such suggestions rel- ative to warming, ventilation, location, and kindred con- siderations, as it is hoped will be of service to those who would adopt all true improvements, and avail themselves of every possible means to make the education of the young a leading interest in the State. SCHOOL A R CHIT E CIT U R E . In all well directed efforts of an enlightened people for the improvement of their Schools, the location, size, and construction of the Schoolhouse itself, will claim and re- ceive early attention These local habitations of our Schools are themselves important agencies in the work of instruction. And though silent, they often speak more eloquently and persuasively than the living Teacher. Too much attention, then, cannot be given to the pleasantness and healthfulness of their location ; to the comfort and convenience of their arrangements ; to the facilities for rendering the School attractive, both as relates to its in- ternal construction and its outward surroundings ; to the furniture of the house itself, to the apparatus employed to render the instructions of the Teacher more attractive and impressive ; and to the means of securing a genial temperature even during the severity of our winters, and a pure and healthful atmosphere where numbers are con- gregated. For no proposition can be more apparent than that, if there is one house in the District more pleasantly located, more comfortably c-onstructed. better warmed, and more invicing in its general appearance, and more eleva- ting in its influence than any other, that house should be the Schoolhouse. LOCATION OF SCHOOLHOUSES. - In looking at the location of Schoolhouses through the country at large, it cannot have escaped the attention of the ordinary observer, that they are usually located with 340 SCHOOL ARCHITECTDEB, little reference to taste, or the health and comfort of Teach- er or children. They are generally on one corner of pub- lic roads, and sometioaes adjacent to a cooper's shop, or between a blacksmith's shop and a saw-mill. They are not nnfrequently placed upon an acute angle, where a road forks, and sometimes in turning that angle the travel ie chiefly behind the Schoolhouse, leaving it on a small tri- angle, bounded on all sides by public roads. At other times the Schoolhouse is situated on a low and worthless piece of ground, with a sluggish stream of water in its vicinity, which sometimes even passes under the Schoolhouse. The comfort and he.lth, even of innocent and loved children, are thus sacrificed to the parsimony of their parents. Scholars very generally, step from T.he Schoolhouse di- rectly into the highway. Indeed, Schoolhouses are fre- quently one-half in the highway, and the other half in the adjacent field, as though they were unfit for either. This is still the case, even in some of our principal villages, though many of them have, within the lai.tfow years, nobly redeemed themselves. e Schoolhouses are sometimes situated in the middle of the highway, a portion of the travel being on each side of them. When scholars are engaged in their recreations, they are exposed to bleak winds and the inclemency of the weather one portion of the year, and to the scorching rays of the meridian sun another portion. Moreover, their recreations must be conducted in the street, or they trespass upon their neighbors' premises. Such situations can hardly be expected to exert the most favorable influence upon the habits and character of the rising generation. We pursue a very difi'erent policy in locating a church, a court house, or a dwelling. And should we not pursue an equally wise and liberal policy in locating the District Schoolhouse? In this State six hundred and forty acres of land in every SCHOOL ARCHITECTURE. 341 township are appropriated to tbe support of Primary Schools. Suppose there are eight School Districts in a township : This would allow eighty acres to every School District. It would seem that when the general govern- ment has appropriated eighty acres to create a fund for the support of Schools, that each district might set apart/our acres — which is but one acre in twenty — as a site for a Schoolhouse. Once more : one School District usually contains not less than twenty-jBve hundred acres of land. Is it asking too much to set apart /owr acres as a site for a Schoolhouse in which the minds- of the children of the District shall be cul- tivated, when twenty-four Jmndred and ninety-six acres are appropriated to clothing and feeding their bodies? I would respectfully suggest, and even urge the propriety of locating the Schoolhouse on a piece of firm ground of liberal dimensions, and of inclosing the same with a suita- ble fence. The inclosure should be set out with shade trees, unless provided with those of nature's own planting, and ornamented with shrubs and flowers. Scholars would then enjoy their pastime in a pleasant and healthful inclo- sure, where they have a right to be, protected alike from the scorching sun and the wintry blast. The}- need then no longer be hunted as trespassers upon their neighbors' pre- mises, as they now too frequently are. SIZE OP SCHOOLHOUSES CONSIDERED IN CONNECTION WITH THE PHILOSOPHr OP RESPIRATION. Some of our principal cities and villages can now boast as noble structures for Schoolhouses as can any of the ■older States of the Union, as will appear from the plans and descriptions of those hereto appended. And the work of improvement, in this respect, is perhaps now going on as rapidly in the State of Michigan, as in any of the older States. But as yet, in view of what remains to be done, it can hardly be regarded as more than well begun. 342 SCHOOL ARCHITECTUEE. Within the last fifteen years I have visited half of the States of the Union for the purpose of becoming acquainted with the actual condition of our Common Schools. I have therefore noticed especially the condition of Schoolhouses. Although there is a great variety in their dimensions, yet there are comparatively few Schoolhouses less than six- teen by eighteen feet on the ground, and fewer still, per- haps, larger than twenty-four by thirty feet, exclusive of our principal cities and villages. From a large number of actual measurements, not only in New York and Michigan, but east of the Hudson River, and west of the Great Lakes, I conclude that, exclusive of entry and 'closets, when they are furnished with these appendages, Schoolhouses are not usually larger than twenty by twenty-four feet on the ground, and seven feet in hight. They are, indeed, more frequently smaller than larger. Schoolhouses of these di- mensions have a capacity of three thousand three hundred and sixty cubic feet, and are usually occupied by at least forty-five scholars in the winter season. Not unfrequently sixty or seventy, and occasionally more than a hundred scholars occupy a room of this size. Now let us proceed to consider what changes are pro- duced upon the vital qualities of air by respiration, and the quantity hence, that is essential to maintain the healthy respiration of forty-five students three hours — the usual length of a single session, and half of the length of the two daily sessions of School ; and often there is little ven- tilation during the customary recess at noon. The quantity of air that enters the lungs at each inspi- ration of an ad alt, has been variously estimated from thirty-two to forty cubic inches. To establish more defi- nitely some data upon which a calculation might safely be based, I some j^ears ago conducted an experiment whereby I ascertained the medium quantity of air that entered the lungs of myself and four young men, was thirty-six cubic inches, and that respiration is repeated once in three see- SCHOOL AECHITECTURB. 343 onds, or twenty times a minute. I also ascertained that respired air luill not support combustion. And it is a prin- ciple well established by science, and sustained by exper- iment, that air which will not support comhustion Avill not sustain animal life. We hence reach another and a more important truth, viz., that air once respired will not FURTHER SUSTAIN ANIMAL LIFE. That part of the experiment by which it was ascertained that respired air will not support combustion, is very sim- ple, and I here give it, with the hope that it may be tried at least in every Schoolhouse, if not in every family of the State. It was conducted as follows : I introduced a lighted taper into an inverted receiver (glass jar) which contained seven quarts of atmospheric air, and placed the mouth of the receiver into a vessel of water. The taper burned with its wonted brilliancy about a minute, and, growing dim gradually, became ex- tinct at the expiration of three minutes. I then filled the receiver with water, and inverting it, placed its mouth beneath the surface of the same fluid in another vessel. I next removed the water from the receiver by breathing inio it. This was done by filling the lungs with air, which, after being retained a short time in the chest, was exhaled through a siphon (a bent lead tube) into the receiver, I then introduced the lighted taper into the receiver of re- spired air, by which it was iminech'ately extinguished. Sev- eral persons present then received a quantity of respired air into their lungs, whereupon the premonitory symptoms of apoplexy eneued. The experiment was conducted with great care, and several times repeated in the presence of respectable members of the medical profession, a profes- sor of chemistry, and several literary gentlemen, to their entire satisfaction. It may be well to note the changes that are produced in the vital qualities of the air in respiration. The chemical properties of the atmosphere are attributable chiefly to S44 SCHOOL AECHITECTUBB. the presence of oxygen. Nitrogen, wliicii constitutes about fonr-fifths of its volume, lias been supposed to act as a mere diluent to the osygen. Increase the proportion of oxygen in the atmosphere, and the vital powers will speedily suffer from excess of stimulus ; the circulation and respiration become too rapid; and the system gener- ally becomes highly excited. Diminish the proportion of oxygen, and the circulation and respiration become too slow; weakness and lassitude ensue; and a sense of heavi- ness and uneasiness pervades the entire system. As has been observed, air loses during each respiration, a portion of its oxygen, and gains an equal quantity of carboniclacid, whieh is an active poison. When mixed with atmospheri© air in the ratio of one to four, it extinguishes animal life. It is this gas that is produced by burning charcoal in a confined portion of common air. Its effect upon the sys- tem is well known to every reader of our newspapers. It caUises dimness of sight, weakness, dullness, a difficulty of breathing, and ultimately apoplexy and death. Now a simple arithmetical computation will abundantly satief? any person who is acquainted with the composition of the atmosphere, the influence of respiration upon its fitness to sustain animal life, and the quantity of air that enters the lungs at each inspiration, that a School-room of the preceding dimensions contains quite too little air to sustain the healthy respiration of even forty-five scholars three hours — the usual length of each session ; and fre- quently the Schoolhouse is imperfectly ventilated between the sessions at noon, and sometimes for several days together. The reader will please note the following particulars : 1. The quantity of air breatlied by forty-five persons in three hours, according to the data just given, is three thousand three hundred and seventy-five cubic feet. 2. Air once respired will not sustain animal life, 3. The SCHOOL ARCHITECTURE. 345 School room was estimated to possess a capacity of three thousand three hundred and sixty cubic feet — fifteen feet less than is necessary to suatain JieaUhy respiration. 4. "Were forty-tive persons whose luugs possess the estimated ca- pacity, placed in an air-tight room of the preceding dimen- sions, and could they breathe pure air till it was all once respired, and then enter upon its second respiration, tJiey would all die of apoplexy before the expiration of a three hours' session. These conditions, it is admitted, cannot be fulfilled. But numerous instances of fearful approximation exist. We have no air-tight houses. But in our latitude, comfort re- quires that rooms which are to be occupied by children in the winter season, be made very close. The dimensions of rooms are, moreover, frequently diminished, in order that the warm breath, and animal heat, may lessen the amount of fuel necessary to preserve a comfortable tem- perature. It is true, on the other hand, that the quantity of air that children breathe, is somewhat less than I have esti- mated, but the derangement resulting from breathing im- pure air, in their case, is greater than in the case of adults, whose constitutions are matured, and who are hence less susceptible of icjury. It is also true in many Schools, that the number occupying a room of the dimensions supposed, is corsiderably greater than I have estimated. Moreover, in many instances, a great proportion of the larger scholars will respire the estimated quantity of air. And again : all the air in a room is not respired once be- fore a portion of it is breathed the second, or even the third and fourth time. The atmosphere is not suddenly changed from purity to impurity — from a healthful to an infectious state. Were it so, the change, being more per- ceptible, would be seen and felt too, and a remedy would be sought and applied. But because the change is gradu- al, it is not the less fearful in its consequences. In a room 44 346 SCHOOL AECHITECTUEE. occupied hj forty -five persons, the first minute, iMrty-two thousand four hundred cubic inches of air impart their entire vitality to sustain animal life, and, mingling with the atmos- phere of the room, proportionately deteriorate the tuhoh mass. Thus are abundantly sown in early life the fruitful seeds of disease and premature death. This detail shows conclusively sufficient cause" for that uneasy, listless state of feeling which is so prevalent in crowded School-rooms, It explains why children that are amiable at home are mischievous in School, and why those that are troublesome at home are frequently well-nigh un- controllable in School. It discloses the true cause why so many Teachers who are justly considered both pleasant and amiable in the ordinary do!j'ie3tic and social relations, are obnoxious in the School-room, being there habitually sour and fretfal. The ever-active children are disquali- fied for study, and engage in mischief as their only alter- native. On the other hand, the irritable Teacher, who can hard- ly look with complaisance upon good behavior, is disposed to magnify the most triuing departure from the rules of propriety. The scholars are continually becoming more ungovernable, and the Teacher more unfit to govern them. Week after week they become less and less attached to him, and he, in turn, becomes less interested in them. This detail explains, also, why so''many children are un- able to attend School at all, or become unwell so soon after commencing to attend, when their health is su.fficient to engage in other pursuits. The number of scholars answer- ing this description is greater than most persons are aware of. In one District I had occasion officially to visit a few years ago in the State of New York, it was acknowledged by competent judges to be emphatically true in the case of not less than twenty five scholars. Indeed, in that same District, the health of more than one hundred scholars was materially injured every year in consequence of occupymg SCHOOL ARCHITECTURE. 847 an old and partially decayed house, of too narrow dimen- »ions, with very limited facilities for ventilation. The health of scores and hundreds of children in every part of our State, as well as in the older States generally, ia suifering from the same and like causes. From the preceding exposition we are enabled to under- stand why the business of Teaching has acquired, and jiistly too, the reputation of being unhealthy. There is, however, no reason why the health of either Teacher or pupils should sooner fail in a well regulated School, taught in a house properly constructed, and suitably warmed and ventilated, than in almost any other business. Were it not so, an unanswerable argument might be framed against the very existence of Schools ; and it might clearly > bo shown that it is policy, nay, duty, to close at once and for- ever, the four thousand Schoolhouses of Michigan, and the hundred thousand of the nation, and leave the rising gen- eration to perish iov lack of knowledge. But our condi- tion in this respect is not hopeless. The evil in question may be effectually remedied by enlarging the house, or, which is easier, cheaper, and more effectual, by frequent and thorough ventilation. It would be well, however, to unite the two methods. I once visited a School in which the magnitude of the evil under consideration was clearly developed. Five of the citizens of the District attended, me in my visit to the School. We arrived at the Schoolhouse about the middle of the afternoon. It was a close, new house, eighteen by twenty-four feet on the ground — two feet less in one of its dimensions than the house concerning which the preced- ing calculation is made. There were present forty-three scholars, the Teacher, five patrons, and myself, making fif- ty in all. Immediately after entering the Schoolhouse, one of the District officers remarked to me, " I believe our Schoolhouse is too tight to be healthy." I made no reply, 348 SCHOOL AECHITECTURE. but secretly resolved that I wonld sacrifice my comfort for the remainder of the afternoon, and hazard my health, and my life even, to test the accuracy of the opinions I had entertained on this important subject. I marked the un- easiness and dullness of all present, and especially of the patrons, who had been accustomed to breathe a purer at- mosphere. School continued an hour and a half, at the close of which I was invited to make some remarks. I arose to do so, but was unable to proceed till I opened the outer door, and snuffed a few times the purer air without. When I had partially recovered my wonted vigor, I observed with de- light the reaovating influence of the current of air that en- tered the door, mingling with and gradually displacing the fluid poison that filled the room, and was about to do the work of death. It seemed as though I was standing at the mouth of a huge sepulcher, in which the dead were being restored to life. After a short pause, I proceeded with a few remarks, chiefly, however, on the subject of respiration and ventilation. The ojBScers, who had just tested their accuracy and bearing upon their comfort and health, re- solved immediately to provide for ventilation in the manner herein recommended. Before leaving the house on that occasion, I was informed an evening meeting had been attended there the preceding week, which they were obliged to dismiss before the ordi- nary esercises were concluded, because, as they said, "We all got sick, and the candles went almost out." Little did they realize, probably, that the light of life became just as nearly extinct as did the candles. Had they remained there a little longer, both would have gone out together, and there would have been reacted the memorable tragedy of the Blach Hole in Calcutta, into which were thrust a gar- rison of one hundred and forty-sis persons, one hundred SCHOOL ARCHITECTURE. 349 and twenty-three of Avhom perished miserably in a few hours, beiog suffocated by the confined air.* VENTILATION OP SCHOOLHOUSES. The preceding disclosare manifests the importance of frequent and thorough ventilation. But the ordinary fa- cilities for ventilating School-rooms, are almost entirely restricted to opening a door, or raising the lower sash of the windows. The prevailing practice with reference to their ventilation, is opening and closing the door, as the scholars enter and pass out of the Schoolhouse, before School, during the recesses, and at noon. Yentiiation, as such, I may safely say, has been practiced only to a very limited extent, and in a very imperfect manner. It is true, the door has been occasional]}'' set open a few r^in- utes, and the windows have been raised, but the object has been, either to let the smoke pass out of the room, or to cool it when it has become too luarm, not to ventilate IT. Ventilation, by opening a door or raising the windows, is imperfect, and frequently injurious. A more effectual and safer method of ventilation, where special arrange- ments have not been provided for the purpose, is to lower the upper sash of the windows ; or, in very cold or stormy weather, to open a ventilator in the ceiling, and allow the vitiated air to escape into the attic. In this case, there should be a free communication between the attic and the outer air, by means of a lattice window, or otherwise. But any such arrangements for ventilation are at best very ill-adapted to the purpose. The subject will there- fore be again referred to in connection with warming ; for the two should be considered together, and especially as a Schoolhouse may be best ventilated when best warmed, and best warmed when best ventilated. * For a more extended <.l scuss'oa of this whole subject, see the Author's work on " The Meaua and Ends of Universal Education." 350 SCHOOL ARCHITECTURE. SIZE AND CONSTRUCTION OP SCHOOLHOUSES. In determiniDg the size of Schoolhouses, due regard should be had to several particulars. There should be a separate entry or lobby for each sex, which should be fur- nished with a scraper, mat, hooks and shelves — both are needed — sink, basin, and towels. A separate entry thus furnished will prevent much confusion, rudeness, aud im- propriety, and promote the health, refinement, and orderly habits of the children. The principal room of the Schoolhouse — and each such room where there are several departments — should be large enough to allow each occupant a suitable quantity of pure air, which should be at least twice the common amount, or not less than one hundred and fifty cubic feet. But a large space for each pupil is less important where thorough provision is made for ventilation. There should also be one or more rooms for recitation, apparatus, library, etc., according to the size of the School and the number of scholars to be accommodated. Every School room should be so constructed that each scholar may pass to and from his seat without disturbing or in the least incommoding any other one. A house thus arranged will enable the Teacher to pass at all times to any part of the room, and to approach each scholar in his seat whenever it may be desirable to do so for purposes of instruction or otherwise. Such an arrangement is of the utmost importance ; and without the fulfillment of this condition, no Teacher can most advantageously superior tend the afikirs of a whole School, and especially of a large one. In determining the details of construction and arrange- ment for a Schoolhouse, due regard must be had to the varying circumstances of country and city, as well as to the number of scholars that may be expected in attend- ance, the number of Teacher^s to be employed, and the dif>- SCHOOL ARCHITECTURE. 351 ferent grades of Schools that may be establislied in a commuuity. COUNTRY SCHOOLHOUSES. In coTiiitry Districts, as they have long been situated, and still generally are, aside from separate entries and clothes-rooms for the sexes, there will only be needed one principal School-room, with a smaller room for recitations, apparatus, and other purposes. In arranging and fitting "up this room, reference must bo had to the requirements of the District ; for this one room will be occupied by chil- dren of all ages, for summer and winter Schools, and often for the secular, but more especially for the religious meet- ings of the neighborhood. But in its construction primary reference should be had to the convenience of the scholars in School ; for it will be used by them more, ten to one, than for all other purposes. Every child, then, even the youngest in School, should be furnished w^ith a seat and desk, at which he may sit W'ltli ease and comfort. The seats should each be furnished with a back, and their bight should be such as to allow the children to rest their feet comfortably upon the floor. This is as necessary to the heallh of children as to their comfort. From considerations heretofore presented, it is believed no one can fail to see the advantages that would result to a densely settled community from a union of two or more Districts for the purpose of maintaining in each a School for the youuger children, and of establishing in the central part of the associated Distiict, a School of a higher grade for the older and more advanced children. If four Dis- tricts should be united in this way, they might erect a central house, C, for the larger and more advanced scholars, and four smaller ones, p P P P, for the younger children. The central School might be taught by a male teacher, with female C assistants, if needed; but the Primary Schools, with this 352 SCHOOL ARCHITECTUEE. arrangement, could be more economically and successfully instructed by females. Legal provisions are already mad© in tliis State for suck a consolidation of Districts. This would invite a more perfect classification of scholars, and would allow the central School house to be so constructed, and to have the seats and desks of such a hight as to be convenient for the larger grade of scholars, and still be comfortable for other purposes for which it might occa- sionally be necessary to occupy it. Such an arrangement, while it would obviate the almost insuperable difficulties which stand in the wa,y of proper classification and the thorough government and instruction of Schools, would at the same time offer greater inducements to the erection of more comfortable and attractive Schoolhouses. SGHOOLHOUSES IN CITIES AND VILLAGES. The plan suggested in the last paragraph may be per- fected in cities and villages. For this purpose, where nei- ther the distance nor the number of scholars is too great, some prefer to have all the Schools of a District or corpo- ration conducted under the same roof. However this may be, as there will be other places for public meetings of va- rious kinds, each room should be appropriated to a partic- ular department, and be fitted up exclusively for the accommodation of the grade of scholars that are to occu- py it. In cities, and even in villages with a population of three or four thousand, it is desirable to establish at least three grades of Schools, viz : the Primary, for the smallest chil- dren ; the Intermediate department, for those more ad- vanced ; and a Central High School, for scholars that have passed through the Primary and Intermediate Schools. While this arrangement is favorable to the better classifi- cation of the scholars of a village or city, and holds out an inducement to those of the lowest and middle grade of Schools to perfect themselves in the various branches of SCHOOL AECHITECTURE. 353 atndj that are pursued in them respectively, as the condi- tion upon which they are permitted to enter a higher grade, it also allows a more perfect adjustment of the seats and desks to the various requirements of the children in their passage through the grades of Schools. The extent to which the gradation of Schools may ad- vantageously be carried, is well illustrated in the public Schools of the city of New York, two hundred in Humber, in which six hundred Teachers are employed, and in which one hundred thousand children annually receive instruc- tion. The Free Academy, which stands at the head of the public School system of New York, and which is a School of the highest grade, was established by the Board of Ed- ucation in 1847. The expense of the building, without the furniture, was $16,000, and the annual expense for the salaries of professors and teachers is about $10,000. No students are admitted to the Free Academy who have not attended the Pablic Schools of the city for at least one full year, nor these until they have undergone a thorough examination and proved theiiiaelves worthy. Its influence, hence, is not confined to the one hiindi'ed or one hundred and fifty scholars^ who may graduate from it annually, but reaches and stimulates the six hundred Teachers of the city, and the hundred thoasand children "whom they instruoi, and thus elevates the Common Schools of the city, and places them much more favorably before the public than they otherwise could be. , Smaller cities, and especially villages Vvith a population of but a few thousand, can not, of course, maintain so ex- tended a system of public Schools ; but they can accom- plish essentially the same, thing more perfectly, though on 'a smaller scale. For the benefit of Districts in the coun- try and in villages, a fevT Plan? of Schoolhonses will be here inserted. 45 364 SCHOOL ARCHITECTURE. Plan No, 1. — Sciiooiliouse for fifty- six Scliolars. ssB-aaj'i^iK'-.E.js. i^i. a.i3S3a Sis*, 30 by 40 feet . Scale , 10 feet to the iacli. D D, doors. B B, entries Uglited over outer doors, one for the boys and the other for the girls. E, L, room for recitation, libra.ry, and apparatus, which may be entered by a single door from the Teacher's platfarm, as repre- sented in the pliin, or by two, as in Plan No. o, p. 457. S S, stoves with air-tubes beneath. K K, aisles four feet wide — the remaining aisles are each two feet wiSe. c v, chimneys and veritilators. I I, recitation seats^ B B, black-board, made by giving the wall a colored hard finish. G H, seats and desks, four feet in. length, constructed as represented on the 357th page. Other styles of seats and desks are given on pages 387 to 402 of this volume. This plan is from the author's work on Universal Education. KCUOOL AUCiilTiiCTUllK. mau No. 2, Figin,— Front KI<.TMt;<;n 35b •^Figures 1, 2 and 3, of Plan No 2, are on a scale of 20 feet to the inch. Plan Ko. 2, Hg. 2. F o \ a SuL ■ « D 3 D B D f A, School-room for Primary classes, both sexes. B B, School-room3 for second grade, sexes divided. C, Recita- tation-room, conimon for both 8exe?i, and repository for books and instruments. D D D D, Clothes-rooms. E B, Wood-closets. F F, Entrance lobbies. G G G, Teachers' platforms. A. side elevation is givea on the next page. 358 SCHOOL AKCHITii.CTUBS. The three Figures of Pjan No. 2, are each on a scale of 20 feet to the iuch. The drawings of tlie three figures represented in Plan No. 2, were furnished by Messrs. Jordan & Anderson, of Detroit. This plan, it will be seen, has separate entrances, on opposite sides of the building, for boys and girls, who Meet in the Primary Department, represented at A on the preceding page. Separate entrances for the sexes are also provided on the other front, for students attending the Second Grade, in the rooms represented at B B. This plan, it will be seen, provides separate entrances for the boys and girls of each of the two departments. As the SchooJhouse has two fronts, it might appropriately occupy a square, or be located between two streets, in a village or city, which would readily admit of separate play yards for the boys a.nd girls of each of the two depart- ments. Plan No. 3, Figs, 1 and 2, on the two following pages, is from the author's work on Education. It is adapted to the division of a School into three Departments — for Pri- mary, Intermediate and High Schools. The rooms of this plan may be furnished with a simple style of seats and desks, as represented at 'Fig. 1, or by the improved furni- ture represented on pages 387 to 402 of this volume. SCHOOL ARCHITECTURE. Plan No. o, Fig. 1.— First Story. 357 Size, 36 by 54 feet Seals, 12 feet to the incli. A, entrance for boys to the Hig:li School. C, entrance for girls to High School. P, entrance for boys to the Pri- mary and Intermediate Dep .rtaieot?. Q, entrance for girls to the same. D D, doors. W W, windows. T T, Teacher's platform aad de^k. G H, desk atd seat for two scholars, a section of wh'ch i^ represented at ah. II, recitation seats. B B, blackboards. S S, stoves, with air- tubes beneath, c v, chiinne}'^ and venti ator. R, room for recitation, library, ppar.itns, and other purposes. For an exp anation of the advantages to ba derived from the use of air-tubes, see page 374th of this volume. SCHOOL AECillTECTURE. Plan No. 3 Fig 2.— Second Story, A, entrance for the boys, tiirongh tbe lobby below. 0, ©atrance for tbe girls. D D, doors. W W, windows. S Sj stoves, c V, Ciiimney and ventilator. T, Teacher's platform. R, recitation-room. I I, recitation seats in principal room. B B, blackboard. Th© nss of the tubes represented by dotted lines be- Bteatli the Stoves, is explain'xl on the 374th page of this ■Volume. A description of on admirable style of ventila- ting School Stove, with an esplanation of the advantages ta be derived from its use, will be found on the 375th page. For the different styles of blackboard, see page 418. SCHOOL ARCHITECTURE. Plan N«. 4, Pig. 1.— Front Elevation. 359 Frout EleT.atioQ of the Monroe Union SoLoolhouse. Figure 1 represents the Front Elevation of the Union Schoolhouse, recently erected in the city of Monroe. A side elevation of this Schoolhouse is given on the next page. The ground plans of the several stories of this building, are represented on the 361st and 362d pages. This Schoolhouse has been erected by W^ H. Beaman, Esq., under contract, for something less than ten thousand dollars. He has kindly furnished the plans from which these engravings have been prepared. The plans, originated and matured by John L. Stevens, Bsq., of Monroe, have been well carried out by the con- tractor. The Schoolhouse, completed, is a credit to the educational enterprise of the city, and appears in striking contrast with its condition fifteen jears ago, when the wri- ter first entered upon the discharge of the duties of Su- 360 SCHOOL ARCHITECTURE. Plan No. ij Fig. 2.— Side EleTation. Side Elevation of the Monroe Union SchooUionse. perintendeut. At that time there was not a public Scliool building of any kind in the city. Now there are three or four other respectable Schoolhouses in the city beside this. A like improvement has been made within this time, in the Schoolhouses of Ann Arbor, Tecumseh, Jackson and Niles, and in those of other cities and villages of the State. On pnges 3G3 to 365 are plans of the Bishop Union Schoolbouse of Detroit, which is the last Schoolhonse erec- ted, and the best building occupied by the public Schools of that city. This Schoolhouse has been named in honor of the late President of the Board of Education of that city, as was tho Barstow Schoolhouse, erected a few years ago, in honor of the late, lamented President of the Board. SCHOOL ARCniTECTURE. Plan No. 4, Fig. 3. — ^Basement. 301 A A— Halls ; B B— Fuinaces. Plan No. 4, Fig. 4.— FirBt Story, A A — ITalLs; BB — Class-rooms ; C C — Recitatioa-rocms; D D — Clothes-rooms. 46 362 SCHOOL AKCHITECTURE. Plan No. 4, Fig. 6.— Seoond Story. • ■-A A — Hfilis ; B B — Cla?;S-ro(*ms ; C C — Recitation-rooms; D D— Clct: ?«-rooins. Plan Ko. 4. Fig. «.— Third Story. A A— Halls ; C — Kecitation-rooms : D D-^Olotlies- rooms. I SCHOOL ARCHITECTUBE 363 Plan No. 5, Fig 1 —Front Elevaiii.n, The several Figures of Plan No. 5, are on a scalo of 30 feet to the inch. ^Plaa No. 5j Fig^ 2v— Basement. A /V— Halls; B B— Clai?s-rooms : C C— Fuel-rooms. 364 m SCHOOL ARCHITECTURE, Plan No 5, Fig. 3 —First Story. ^ — L f ci B B r 1 i ^ 1 A 1 ■* r 1 > f c J B B , 1 o J •^tSSisaSi K^ ,1 tf ^ ^! A A— Halls; B B B B— Primary-rooms ; C C C C - Olotlies-rooms. Plan No. 5, Fig. 4 — SecoiJ Sto>y. A A — Halld ; B — Class-room ; D D — SepitationroomB : C O^-Clothes rooms ; E — Teachers' Platform. SCHOOL ARCHITECTURE. Hm No, 5, Kig.^O.— Tliir.l Wo-y. 366 S-cale of 30 feet f o an inch. A A, Halls. B, Class-room. D D D D, Hecitatiop-rooms. C C, Clothes-rooms. B, Teachers' platform. Drawings of the Plans of the Bishop Union School-' house, from which these engraviugs have been prepared, were furnished me bv Messrs. Jordaii & Anderson, of De- jtroit, who originated, matured and carried out the plans, as they likewise did those of the Ypsilanti Union School- house. The Front Elevation of the Ypsilanti Union Schoolhouse appears as a Frontispiece to this volume. The Ground Plans of the building are given on pngen 366 and 367. A Front Elevation of Hillsdale College has bteu fur- nished by the Officers of that Institution. This noble structure is represented at the 368 ih page of this volume. r UNION PUBUC SCHOOL, YPSILANTI, MICHIGAN. Fig. 2 Plan of Basemeot'. A A— Halls. BBBB— Fiiraacea. C — Janitor's Room. Pig. 3. — Plan op Pihst StorTo ^ i T 1 J L J A A— Halls. B — Chapel, or Hall for general exercises. COCC — Primary Rooms. DD— Clothes Rooms. Scale 40 ft. to 1 inch. UNION PUBLIC SGHOOI-, YPSILANTI, MICHIGAN. Fig. 4 Second Story Plan. AAAA— Hal>. B B B — Class Uoonu*. CCC — Recitation Room:'. D — Library. E — Apparatus Room. P — CiotUca Kooma Fifr. 4.— Thikd SxCKr Plam. Scale 40 ft. to 1 ioch. AAAA— Halls. RBBB— Cla.ss Rooms, CCC — Recitation Rooms. DD— Tutors' Rooms. EE— Clothes Rooms. SCHOOL ARCHITECTURE. 'ill: > p 4 ,1 \ ''Til'tV-' \^'y^ SCHOOL FURNITURE. The improvements in School Furniture are all of recent date. But tasteful and commodious furniture, adapted to the comfort and wants of children, attractive in its appear- ance, and elevating in its influence, is even more important in our Schoolhouses, which are to be occupied by children during the most susceptible period of their lives, than is the furniture in our Dwelling Houses and Churches. The truth of this statement seems but recently to have gained a lodgment in the public mind. The house of Mr. Ross, the pioneer in this department in the country, which was established in 1838, is still manufacturing and sending out improved School Furniture from the city of Boston. More recently, similar establishments have been opened in New York, Buffalo, and other cities. The cuts which I am enabled here to present, have been furnished me by establishments in the threfe cities just named, and may be regarded as representing specimens of their work. Nos. 1 to 6 are from the house of W. Chase <& Son, 198 Seventh Street, Buffalo. Nos. 7 to 17 are from the house of Nathaniel Johnson, 490 Hudson Street, New York. Nos. 18 to 29 are from the house of Joseph L. Ross, corner of Hawkins and Ives Streets, Boston, with branch houses, 413 Broadway, New York, and 191 Lake Street, Chicago, where the Messrs. Chase have also a branch. A simple style of Seats and Desks, entirely of wood, is represented in Plan No. 3 of Schoolhouses. The styles of furniture here given are f-o constructed as to admit of being taken apart and snugly p icked for transportation: SCHOOL FUENITnilB. No. 1. — Chase's Foitable lute u^ ji^ _U' De-V and Chair. Two sizes of this style of Desk are mauufactured;, wi&i the liiglit of the side next tLe scholar, 22 i and 24 inches. Primary School Desks 'of the same rlesign, and of varying sizes, are also manufactured. No. 2. — Chase's Portable Intermediate Double Desk. Two sizes of the double Desk are also manufactur^ii, with, the hight of the side next the scholar the ga,me as No. 1. Primary ScliO d Desks of the same design, and of varied sizes^ are also manufactured. These Desks have open >=;.•/'■ '.;eneath the top to re- ceive books and oapers. Tho Ci-a-rs have iron backs. SCHOOL FUIiKlTUEE. 389 Xo. S. — Cb««e"s Portable (jiarnmai Desk, Three sizes of this Desk are manufactured, 24J, 26 and 274 inches high. This arrangement gives each pupil the benefit of a single Desk, as does No, 1. No. i. — Cliase's High Scl;ocI Doable Desk and Cbaira. Three sizes, are manufactured, 24, 25,i and 27 inches high. Each cover opens a separate apartment in the desk de- signed for the exclusive use of one pupil. This arrange- ment, though less commodious than single seats, allows a separate apartment for each pupil's books. The nev7 Union Schoolhouse at Kalamazoo, I am advised, is furnished with this style of desks and seats. SCHOOL FURNITURE. , No. 5.— Chasa's Teachers' Desk -with Four Drawers, and Ciofh Top. A good and convenient Desk is of hardly less importance to the Teacher than is a good boarding place. Both, in- deed, are essential to his comfort and highest success. The style of Desk here represented gives the ^Teacher the benefit of drawer room, which is very important, and while it adds greatly to his convenience, it may often], be made to protect valuable books and papers belonging to the District. No. 6. — Chase's Teachers' Tesk ■with Eight Drawers. This style of Desk affords an ir.creased amount of drawer room, which will be found convenient where there are not cupboards or closets connected with the Schoolroom. Should greater hight be reqiaired, as in case of standing to read, a portable Desk like that represented by No. 23, may be used on either of these Desks. SCHOOL FURNITURE. 391 Vo. 7.— New York Primary School D««k and Chairs, 12 by 36 inclies. Vo. S.— Ink Wen No. 9. — Single Grammar Desk and Chair for Public Schools. Desk 15 by 24 inehes, This Desk has an Ink-well like that represented at No. 8, furnished with a cover, and inserted near the back, at the right hand. The Ink is thus more secure than in movable inkstands. These Ink-wells are so arranged as to be taken out, cleaned and refitted as circumstances shall require. Their advantages are hence manifest. 392 SCHOOL FURNITURE. Ko. 10. — New York Public School Desk and Chairs, 15 by 42 mches. TJiere is a shelf under the Desk, for the accommodation of books and papers, with an Ink-well for both scholars occupying the Desk. No. 11.— Double Desk with Falls and Chairs, 10 by 42 .'^nd 20 by 4^' inch?'. This arrangement allows a separate space for the books and papers of each pupil, while both use a common Ink- well. These Chairs, like those represented in Nos. 9 and 10, are furnished with a strong back brace, which adds to their strength, though not to beauty. SCHOOL FURNITURE. 393 The above plan represents a Schoal-room 32 by 35 feet, with double Desk?t, 15 by 42 inches; outside aisles 3 feet, and interniediate aisles 1 foot 3 inches wide. A room of this size will seat eighty scholars, two at a Desk. It gives each pupil a seat adjacent to an aisle, with a free passage around the outside of the room. 9 e s % @ e © □ o C3 □ C3 □ cz: # S: s A &. # LJ a Q l±l Cj [i □ ■S © © s ft @ a □ □ til □ □ □ e ^ * € # @ e CJ CZI a LJ □ □ □ 3 e -; * m A e □ □ CJ CJ □ □ a e. m e a ^ » % C=! □ □ O IZ] □ □ ai e « e & $ e CZl LJ U CJ CZl [ 1 □ e @ e s e e _g_ □ LJ □ tU □ C2 , 1 N'o. 13. The above plan represents a School-room 32 by 35 feet, with single Desks 15 by 24 inches : outside aisle 3 feet, and insidei.aisles 1 foot inches wide. This arrangement acommodates fifty-six scholars with single Desks. But this manner of seating is preferable to the preceding, where ■&ere is sufficient room to admit of it. 50 394 SCHOOL FURNITURE. No. 14. — Uslier's Desk, with 2 Drawers, 24 by 42 inches. This style of Desk is arranged for an Assistant Teaclier, and might answer a good purpose for the Principal of a small School. It would certainly be much better than a table without drawers. No. 15. — Teacher's Desk, with 4 Drawers, 24 by 60 inches. Bach of these principal Desks has a small portable Desk placed upon it, or made in connection with it, which gives an inclined surface for writing, which some prefer. The tops of these Desks it will be seen are hung with hinges, so as to admit of being opened and shut. When portable, they can be removed when the desk is sufficiently high for the occupant \vithout them, and when a level surface is preferred. SCHOOL FURNITURE. 395 No. 16. — Teacher's Desk, with 9 Drawers and l«Tel Top, 24 by 60 inches. This Desk has a broad and deep drawer at the top, wliich will be convenient for keeping Outline Maps, and large paipers which should not be rolled or folded. Xo. 17. — Excekior I^die>' College Desk. This Desk is so arranged as to admit of its being shut up, when not in use, like a piano. It is represented as open, exhibiting the interior construction. This arrange- ment, it will be seen, has its advantages, and especially when it is desirable to leave papers in security, when they are soon to be consulted again. 396 SCHOOL FUENlTaRE. No. IS. — Ross' Union (Portable) Primary School Siagle Desk and Chair. No. 19,— Ross' Union (Portable) Primary Scliool Double Desk and Chairs. Nos. 18 and 19 represent Primary Scliool Chairs and Desks. Of these, three sizes are manufactured, the Chairs being 10/11 r.nd 12 inches in hight, and the front of the DesliSAbeing 20, 21 and 22 inches in hight, respectively. These sizes are- adapted to the comfort of the smallest children fin Primary Schools. No. 18, for one child, is eighteen inches long ; and No. 19, for two children, is three feet long. Children during their earliest years in School, require a eomfortable seat, and a good desk, as much as at any later time"? in their School course. Their otherwise idle hours may be pleasantly occupied in elementary lessons in spell- ing, writing, drawing, and composition. Composition will thus become as easy and as pleasant to them as conversation. These Desks and Chairs are made so as to be taken apart and packed in a small space for transportation. SCHOOL FURNITURE. No. 20. — Ross' Union (Portable) Grammar School Single Desk and Chair. No. 21. — KoBs' Union (Portable) Grammar School Double Desks and Chairs. The Chairs in this grade of furniture vary from 13 to 16 inches in hight. The smallest are adapted to children from 8 to 10 years of age, while the largest will accommo- date pupils from 16 to 18 years of age. The single Desks are two feet long, while the double ones are three feet and ten inches in length. The Desks, in front, range from 23 to 28 inches in hight ; and are thus adapted to the sizes of the children for whose occupancy they are intended. 39^ SCHOOL FURNITURE The Well at th e left is open for use, and the one at the right is closed . Both ar.-. on the same plane with the lop of the Desk, and are- heii*e not subject to be overturned . .dii5^--^^ N'o. 22, — Ross' Improved iLetallic Ink well and cover combined, lined with Glass, designed for Public and Private Schools, Seminaries, Acade- mies, &c. This Desk may be placed npon a horizontal table, when more hight is needed, or an inclined surface is desired ; and it may be removed when not required no- 23.— ross' Portawe Desk, with raotii o Top. tor use. The prices of these several grades and styles of School Furniture are not here given, for they may differ from vari- ous causes. Specimens only of the varieties that are manufactured are here represented. On page 387. I have given the names and address of the Houses that have kindly furnished the facilities for these illustrations, and stated which have been furnished by them respectively. School officers and. others desirine: any of these styles of furniture, by opening a correspoorleuce -^vith the Houses manufacturing them, will be furnished with prices, and more minute descriptions than can here be given. If information is desired of any particular style of School Furniture here given, by observing if^s No., and referring to the 387th page, the reader will see the address of the Manufacturers, from whom the desired information can be obtained ; for copies of this volume will be furnished to each of the Houses herein referred to. SCHOOL FURNITURE. 399 No. 24 — Koris' BusloQ Public .School IVacbers' Desk, with Two Drawers. The Desk here lepresented is of !*iuiple C"U8truction, but will be found very convenient, and may souietimes be made to answer all the purposes of h more expensive one. Where articles ot" the kinds here described cannot well be procured from a regular manuiacturer, those of similar construction may be procured near home, though not al- ways of so good a quality, or at so advantageous rates. No. 25. — Ross' Teachera' De3k, witli Three Drawers ami T;ib'e Top. iiilThis style of Teacher's Desk has drawer.^ at the right of the Teacher, where thev are most conveniently reached. The greater part of the suiface of the Table is also at the Teacher's right, when sitting to it. This may^ be used with or without the small portable Desk represented by No. 23. 400 SCHOOL FURNITUEE. No. 26, — Ross' Teachers" Desk, with Five Drawers and Top Desk„ This Desk affords good facilities for writing in the mid- die, with spaces for books of reference at the right and left. The larger central drawer will also accommodate maps, large sheets of drawing-paper, and articles that should neither be broken nor rolled. No. 27. — Boss' Teachers' Desk, wuh Njeu 1.'i,;,\ii'j; ijlc Tap. The preceding cuts and illustrations represent the prin- cipal styles of improved School- re om Furniture; and the reader's attention .has beeji directed to establishments de- yoted esclusively to manufacturing and furnishing the same. These manufacturing Hoose:^ have "frequent orders for School Furniture, not only fi'om our Western cities, but from various parts of the Western States, and from both sides of the Mississippi. SCHOOL FURNITURE. 401 Xo. 28. — Ross' laiprOTffil D;awing I)e>t, supported o« Stanchions. P»tt«rn C. No. 29. — Roas' Improyed DravriBg Desk. Pattern D. I conclude these illustratioQa of improved School Fur- niture, bj. inviting the ^^ reader's attention to two styles of Drawing Desk. And I am^glad to know that the subject of Drawing is attracting, and deservedly too, an increased share of public attention. Too much attention can hardly be given to it, unless to the exclusion of other and equally fundamental branches ; nor can attention be directed to it at too early a period of the child's attendance upon School. " Drawing — whether of maps, the shape of objects, or of landscapes — is admirably adapted to discipline the sense of sight. Childreij should be encouraged carefully to sur- vey and accurately to describe the prominent points of a landscape, both in nature and in picture. Let them point out the elevations and depressions ; the mowing, the pas- ture, the wood, and the .tillage land ; the trees, the houses, and the streams. Listen to their accounts of their plays, walks, and journeys, and of any events of w^hich they have been witnesses. In these and all other exercises of the sense of sight, children should be encouraged to be strictly accurate ; -and whenever it is practicable, the judgment 51 402 SCHOOL FUENITUHE. they pronounce, and the descriptions they give, should, if erroneous, be corrected by the truth. Children can not fail to ^e interested in such exercises ; and even where they have been careless and inaccurate observers, they will soon become more watchful and exact. " It is by the benign influence of education only, that the senses can be improved. And still their culture has been entirely neglected by perhaps the majority of pa- rents and Teachers, who in other respects have manifested a commendable degree of interest in this subject. That by judicious culture the senses may be educated to activ- ity and accuracy, and be made to send larger and purer streams of knowledge to the soul, has been unanswerably proved by an accumulation of unquestionble testimony. Most persons, however, allow the senses to remain unedu- cated, except as they may be cultivated by fortuitous cir- cumstances. Eyes have they, but they see not : ears have they, but they hear not ; neither do they understand. It is not impossible, nor perhaps improbable, that he who has these two senses properly cultivated will derive more unalloyed pleasure in spending a brief hour in gazing upon a beautiful landscape, in examining for the same length of time a simple flower, or in listening to the sweet melody of the linnet as it warbles its song of praise, than those who have neglected the cultivation of the senses experi- ence during their whole YivesJ^-'—BIayheiuyn Education, pp. 191 and 192. SCHOOL APPARATUS. A gentleman of large experience, and of close observa- tion, many years ago remarked at a convention of County Superintendents of Common Schools, in the State of New York — It is singular that children learn so many things out of School, and so few things, in School. The remark impressed me, as I doubt not it did other Superintendents present ; and twenty-five years of experience as a Teacher and a School Officer, have convinced me'that it is no less singular than tr^le. It then becomes us to inquire why this is so. If I mis- take not, the reason consists in the fact that a much more natural method of instruction has commonly been pursued out of School, thaia has hitherto been generally practiced in School. In School, until within a few years, — and in too many Schools it is still true, — children say their A, B, C'a three times a day, but do not learn them in months. Out of School they see objects, become familiar with their uses, and learn their names. In School, many a child has said his A, B, C's tiventy-six times without learniDg one of them ; while out of School, the same children may have each learned the names and uses of twenty-six things the first time they have seen them. In this life, the senses constitute the great medium of communicating knowledge to the human mind; and espe- cially is this true of sight and hearing. While, then, the skillful parent or teacher addresses the minds of his chil* dren through the sense oiheariruj, he will greatly increase the interest of his young learners by addressing, also, their 404 SCHOOL APPARATUS. sense oi^ sight, tbrougli wliicli the strongest impression can be made upon tlie mind.. Especiallj is this important during the first year>s of a child's instruction, whether at home or in ScJwolJ' Mr. F. C. Brownell, Secretary of the Holbrook School Apparatus Company, 413 Broadway, New York, has kindly furnished me the following cuts, which represent samples of an extensive range of simple and ingenious, though cheap Apparatus for Schools. The various articles here referred to, together with improved Apparatus and School Furniture generally, ma)- be obtained at the office of the Secretary, as above, or of Mr, George Sherwood, President of the Company, at 194 Lake street, Chicago, to whom I have already referred as supplying orders for improved School Furniture. Several of the articles represented in miniature, in the Aforegoing cut, I am enabled to illustrate^singly in the fol- lowing pages : * This subject cannot weU be pu'sued to a greater extent here-. la. the writer's ■work on the Meavs and Ends of Universal Education, ua entira Chapter of about fifty pages is deToted to "the education of the five senses," to wbiob the reader is referred. SCHOOL iPPAEiTDS. 405 riL;ute 1. — Numeral Frame. A skillful Teacher will turn the Numeral Fraruo to good account, in teaching many things. It was primarily em- ployed for teaching small children to count. It may, how- ever, with equal advantage be used as a medium of ad- dressing the minds of children through the eye, while we speak to the outer ear, in illustrating all of the simple, and some of the more complex operations upon numbers. By this means the first lessons of children maybe rendered more attractive, and impressions thus made upon their minds will be stronger and more permanent. In the use of this simple instrument, addition, subtraction, multipli- cation, and division, may bo well illustrated, as may also many of the principles of fractions. It may be turned to admirable account in illustrating our Decimal Currency and decimal fractions. By its use, also, the square of any single figure may be readily shown. The roots of all perfect powers expressed by not exceed- ing two figures, may likewise be readily illustrated by it. 406 SCHOOL APPARATUS. Fig 2 — Holbrook's Drawing Slate. This, or sometbiDg similar, has already been incidentally referred to, as a means of turDiDg- the otherwise idle honrs of children to good account, by Hffording them pleasant employment in writiDg, drawing, and composition. On the margin of the slate the maniaer of holding the pen is indi- cated. There are also eopies of letters to be written, and objects to be drawn. Children have sometimes, by the aid of a slate and pencil, made great proficiency in learning to read, entirely withont books. This is done by their writing •or printing out their own reading lessons, which they are sure to understand, and which they sometimes read with dramatic effect. The following figures for representing Geometrical Sol- ids, may be rendered more suggestive than is at first apparent. The light portions of the three cubes represented in Fig. S, show the squares of the numbers 1, 2 and 4, to be 1, 4 and 16; while the cubes themselves as distijjctly show that the (mhes of the numbers 1, 2 and 4, are 1, 8 and 64 — facts which, without illustration, are often difficult for children to comprehend. SCHOOL APPARATUS. Fis:. S — Cubes. 407 1.1 I I Fig. 6 — ^SpheiB and Spheroidg. Oblate BphsToid. SpL«ie. Prolate Splieicid. 408 SCHOOL APPARATUS. Fig. 7. — Cone, Pj'ramid, Frustnim, etc. Pyramid and Frustrum. Segmcat ol" a ?pliei'e. Cone and Frustnim. Fig. 8. — Piisms and Cylinder. H 1 'l , 1 1 1 l{ 1 1 K It 13 often extremely difficult to give a distinct idea of Geometrical Solids liere represented, without the solids themselves fgr illustration. The cuts here introduced, even in the absence of the solids they represent, may be made to illustrate many a practical problem in common life. They suggest the forms of lots into which a farm should be divided in order to economize material for fen-, ces. They also suggest the most economical shapes for buildings, boxes, bins, etc., so as to afford the greatest cubical capacity with the least surface. SCHOOL APPARATUS. 409 A most excellent method of disciplining the sense of sight, and in such a way as to interest children, and secure to them great practical advantage, by familiarizing* them with distances, while they are learning the definitions of figures in plane geometry, and a method that is adapted to the capacity of children during their first years in school, is given on the ISSth and following pages of the writer's work on the "Means and Ends of Universal Education,'' which was prepared and published eight years ago, pur- suant to a Resolution of the Senate and House of Eepre- sentatives, adopted in February, 1849. Fig. 9. — Carpenter's Theoreia. This Figure represents to the Eye the truth of what is popularly known as the Carpenter's Theorem, to wit : The square described upon the hypotenuse of a right-angled triangle is equal to the sum of the squares described upon the other two sides. Although not a demonstration^ it will carry with it a clear conviction to many minds, and will be of great service to the student in arithmetic, who is unable to advance to the study of geometry. It may also awaken an interest in some minds that will not rest satisfied with- out mastering the demonstration. 52 41® SCHOOL APPARATUS. Fit;, iO. — Cube Root Block. The extraction of the cube root can be more easily aad more satisfactorily explained to mo^t persons unacquainted with algebra or geometry, in the use of the block repre- sented by Fig, 10, than in any other way. Figures 11 and 12, on the next page, represent the Terrestrial Globe, and a Hemisphere Globe, both of which will be found to enhance the interest of the pupSi in the study of geography, and to facilitate his easy ac^ quisition of this important branch of study. Pupili now often study geography for months, and even for years, learning definitions, and bounding States and Coun- tries, without hioiving for themselves the form of the Earth, or possessing any distinct idea of zones, latitude, longi- tude, etc. A good eight-inch globe, like that represented at Fig. 11, which will cost from $6 00 to $10 00, in the hands of a Teacher who is in any degree competent to inr struct, will enable him to impart more instruction in rela- tion to zones, latitude and longitude, day and night, the currents of the oce^n, etc., in sis days, than has often been acquired in as many m.onttis. SCHOOL APPARATUS. 411 Fig. 12. — Hemisphere GJobe. The Hemisphere Globe, represeuted at figure 12, is also aii''important aid in the study of Geography. The use of Outline Maps, and the practice of Map- drawiug, mil be fouud a sure means of rendering the knowledge acquired of geography, distiiict, correct, and permanent, without which, time spent in its study is hardly better^than thrown away. 412 SCHOOL APPARATUS. Fig. 13.— The Trllurian. The Tellurian, which is represented at Fig. 13, furnishes better and clearer illustrations than can otherwise be given of many interesting and important phenomena, among which are the sucession of day and night ; the changes of the seasons ; the varying length of days and nights at dif- ferent seasons of the year ; the rising of the Sun north of east, and its setting north of west, in the Summer, and its rising and setting south of these points in the Winter ; the changes of the Moon ; solar and lunar eclipses : spring and neap tides; the later daily recurrence of the tides; the length of days on the Moon; the appearance of the Earth to observers on the Moon ; the Harvest Moon ; and the difference between a solar and the sideriai year. All of these, and other phenomena, may be explained by the use of the Tellurian, or Season Machine, as it is sometimes called, with a clearness and simplicity that bring them within the comprehension of children. SCHOOL APPARATUS, 413 Fig. 14. — Tbo OnO'y, or Plaaetarium. Some persons may be inclined to regard the suggestions here given as theoretical, and even visionary, and may wonder why the Superintendent, in an official document, does not restrict himself to things practical. Such persons may regard it the exclusive office of a practical education to teach the art of increasing material riches — of gather- ing shining dollars. But I regard that practical which awakens bright thoughts, which elevates the affections, which entertains the imagination, which widens and hightens the range of reflection, and. which renders frail mortals more appreciative and more worthy children of our Father in Heaven. Shall we not, then, regard that practieal Avhich gives a rational idea of a plurality of worlds ; which teaches that many of the stars of heaven are worlds like our own, with days, and nights, and chang- ing seasons, and some of them several hundred times larger than our Earth, and all of them probably inhabited by rational and intelligent beings; which teaches, also, that other stars are, like our Sun, centers to other Systems, like our Solar System ; and all, it may be,, retained in their position by one common law, which may be taught to 414 SCHOOL APPABATUS. children ; shall we- not, I say, regard such teachings ^practical ? Or shall we suffer our children to become men anc women fjJiysicaUy, though babes menfavly, holding, as some of their fathers and mothers do, the unworthy opinion that the stars of Pleaven are merely tiny lights for no use- ful purpose, and only occasionally visible ; or that, at best, they are eije holes through which God looks down to see what naughty children and wicked men do ; himself a great spy, secreted behind the thick curtain of night? I need not say, such thoughts are degrading to humanity, and unworthy of the beneficent Father of us all. We need, then, the Orrery, represented by Fig. 14, which will aid us and our children in comprehending the annual revo- lutions of the sisterhood of planets, and the magnificent machinery of the Solar System. This instrument, thus becomes one of the most practical inventions of this, or of any age. It costs $12 00 to f 15 00, according to the style of manufacture. Section 23, of the Primary School Law, provides that Districts may raise money by tax for the purchase of globes, outline maps, and apparatus for illustrating the principles of astronomy, natural philosophy, agricultural chemistry, and the mechanic arts. The Celestial Sphere represents the Earth, (a,) sur- rounded by the heavens, and indicates the Celestial Me- ridians, (d, d,) the Equator, (f,) and the Zodiac, (e.) It also represents the poles of the heavens, which are simply the poles of the Earth extended. The Zodiac is divided into twelve equal parts, representing the twelve signs. Its lower edge is marked with degrees ; and on its upper edge months and days are indicated. The axis (g,) m'ay be in- clined to any angle desired, by loosening the thumb-screw, (c,) as represented at 2 and 3. By means of this instrument, the real horizon , of any place on the globe may be shown ; also the lengths of the SCHOOL APPARATDS. 1 415 Ficc. 15.— The Celestial Sphere. days and nights on any part of the earth, and at any sea- son. The time of the rising and setting of the sun, and the sun's appearcince at the Pohs, and bis phice in the Ecliptic on any day of the year, may Jikewise be iUustra- ted by it. The Celestial Sphere may be obtained at a cost of $8 00 to $12 00. School officers and others desirous of procuring any or all of the articles of School Apparatus here illustrated, will find the address of parties through \vho.-e agency the ■ame, and improved articles of Apparatus generally, may be obtained, at the 404th page of this volume. They may 416 SCHOOL APPARATUS. doubtless be procured at other places ; but these are nam«d as they have kindly furnished the means of illustration here used. Hereto are also appended illustrations of another style of School Desk, and an approved style of Inkstand; also, a cut representing in miniature one of a series of ten Phi- losophical Charts ; all of which may be obtained at either of the establishments last referred to. HARTFORD SCHOOI. TESE. SATTERLEE'S PATENT INKSTAND. EW !NVENTiON FOR SCHO EXPLANATION.— Tlie iron plate (a,) with a screw-thread on its rim, is l;eld securely to the desk or table by two common screws. On this is placed the glass font (6,) to contain the ink. The cap (c,) of Japanned iron, surrounds the glass font, and is screwed on to the base-plate, GrremoTed at pleasure, by the lever (lc for ref- erence. Geographies. Mitchell's Oatline Maps. Pelton's Outline Maps. Every Primary School should have a sot of Outline Maps. For Common Schools, Mitchell's will be found sufEcient. For Graded Schools, Pelton's, which arc much larger and more expensive, will be found desirable. Cornell's Geographies. Monteith's and McNally's Geographies. These series, as far as can be learned, are both extensively used in the State, and nearly divide our Schools between them. Each series has its excel- lenoies and defects. Warren's Physical Geography. 422 TEXT BOOKS. Histories. Willson's History of the United States. Groodrich's History of England. Groodrich's History of France. Goodrich's History of Greece. Goodrich's History of Rome. Willson's Outlines of Universal History. Weber's Outlines of History. Willard's Universal History. These last two for reference. Bern's Historical Chart, put)lislied in tiiis country by Miss E. Peahody, is a valuaWe aid in the study of Chronography. Penmanship and Book-Keeping, Payson, Dunton and Scribner's Penmanship, embracing ten copy books. Payson and Hanaford's Book-Keeping, Double and Single Entry. This is the best hook for Common Schools that has come to my notice. Sets of accounts are beautifully engraved, giving a better idea of the appear- ance of a well kept account book, and affording valuable copies for writing. Small blank books, accompany this work. Natural Science, &c. First Book of Science, Norton & Porter. "Wells' Natural Philosophy. Lardners's Natural Philosophy, for Teachers and ad- vanced pupils. Porter's Chemistry, Hitchcock's Geology. Goold & Agassiz's Zoology. Gray's Botanies. Loomis' Physiology. Wells' Familiar Science. Wells' Things not Generally Known. These two works will be found of much use to Teachers in conversational lessons on common things. Mattison's Astronomy. TEXT BOOKS. 423 Bouvler's Familiar Astronomy. Robinson's Astronomies. Goadby's Animal and Vegetable Physiology. Moral and 3fental Science. Moral Lessons. Morals for the Young. Way land's Moral Science. Wayland's Intellectual Philosophy. Mahan's Intellectual Philosophy. Whateley's Logic. Tappan's Logic. French, Fasquell's Juvenile French Course. Fasquell's French Course. Fasquell's Series of French Books. Boohs for Teachers. The School and Schoolmaster. Page's Theory and Practice of Teaching. Northend's Parent and Teacher, Root's School Amusements. National Education in Europe. Home Encyclopedias. These books, published by Barnes & Burr, New York, Will be found valua- ble books for reference. Apparatus, (&c., for Primary Schools. Black Boards. A Terestrial Globe, 8 or 10 inches. Holbrook's Noiseless Drawing Slates. School Register, to keep daily attendance, scholarship, &c. The Universal School Register is well devised and cheap. A set of Schuster's Drawing Cards will be found of value. A set of Mathematical Solids. BOOKS fo;r township and district LIBRARIES. The new Library law makes it tlie duty of the State Board of Education to select a list of books, and contract with the lowest bidder to furnish the same in such quan- tities as may be wanted. In accordance with this provis- ion, the Board of Education will make such selection and send a copy to each District Director and Township Clerk before the first day of January. As it is expected that these books will be secured both in better binding and at lower rates than is usual, Townships or Districts having money to expend for books, will do well to wait for this list. The duty of the Superintendent to publish a list of Li- brary books would seem to have been superseded by this requirement upon the Board of Education. It has, how- ever, been deemed desirable that a list of Library books should be published in the present volume. The selection of reading for the people, and especially for the young, for whom the Libraries are mainly designed, is a task of so much importance, and requiring so much time and care, that every possible aid should be rendered to those on whom this task is devolved. Two principal errors have been committed in the choice of books for the School Libraries: 1st. The choice of amusing but worthless books, tales of adventure, *-'" « ,-,'.1 C- ' > "^ "-^ ,'^- '->r ' V '^^ ■■>^ %%. 2 V^. ^,v c> -^-C/. tl -^- i> V, ,^^ ." '^^ 'b. o ^^. -0' -? ■f' ^o-^ 0^ .| * 9 1 -^ " ^ V' , V -^ ' , ,. Oi^ „ ^ - A^\- Xv.A =.¥ " * * -, % .A^ ^A v^ >1 t x^" "^^ V Y>y^ A^' W^.^ J ^ vV^ .^^ -^-t ;^ < ' « .>. 'o 0' ^^^ C^ a'^ - -^ ,#5^7 ' -,"?%i^-^o^ ^^ V '^. '."■: %4- /£M,\^ '%.x^' .^^ \\ ■"-o^ \"' x^' ■S''-^. 'y- ^. ' r ^- * ■) N ■ ^ '// -* \ /: x'^" . * v'\ 'O '/ , s '"" .:•''' -^r. .*^' % -bo ■■^^> .^^' -N -/. -'b" .^^^' => * D V ^ '0 ^0 o. % S*^'" ^'V. .-^^ ^A v^ ^~ o>' o^'.v " / c \' ^ fe? 1 >; ^ -y - ^ ■■ " * '%■ -^, :^ V" 'f, <. -r. .Oo ^^ " A '^.