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State School Items

Published by the State Department of Education

Volume VIII

FEBRUARY, 1931

No.2

The Legal Growth

of the

t

COMMON SCHOOL SYSTEM

of Georgia

By PAUL ELLISON State School Supervisor

M. L. DUGGAN
STATE SUPERINTENDENT OF SCHOOLS
Entered as second-class matter October 5, 1923, at the Post Office of Atlanta, Georgia, under the Act of August 24, 1912. Acceptance for mailing at special rate of postage provided for in Section 1103, Act of October 3, 1917, authorized October 5, 1923.
ATLANTA, GA.


THE LEGAL GROWTH OF THE COMMON SCHOOL SYSTEM OF GEORGIA
Preface
This paper will deal, in the main, with the legal growth of our common school system, and incidentally the historical.
The object is to show that every step of the way has had to be legalized, and, in many instances, has been hard fought.
An attempt will be made to show some of the difficulties met and how hard they were to overcome.
Two main periods naturally present themselves, with minor periods in each.
The first period is from the adoption of the Constitution of 1777 to 1870. During this time the growth of the academies reached its height, and the Poor School Fund was instituted.
The second period begins with the instituting of the common school system in 1870, to the present time.
Some tables will be given showing comparisons in popularity, funds, pupils, and attendance.

')

PERIOD ONE'
. Development of the Common School System from
1777 to 1870
In discussing the Constitution as adopted in 1777, it is necessary to show what provisions were made for schools in the various counties. The following quotation is taken from one section of the Constitution:
"Schools shall be erected in each county, and supported at the general expense of the State, as the Legislature shall hereafter point out."
Why this paragraph should have found its way into so stately a document as the Constitution, and then have been forgotten so long is strange. Still it is no less strange than some of the things that did happen later, as I shall try to show.
One of the strange things was the defeat of the purpose and intent of the Legislature in trying to give to Georgia as good school system as her finances would warrant, and her people would support and patronize. This .thesis deals largely with the growth from a legal standpoint, or rather will attempt to show the growth through legal procedure: Since all monies paid out through the State Treasury must be appropriated, or allocated, then some legal authority must be given fo.r same. To that end I have endeavored to find out what the Legislature has done towards building the common school system since the adoption of the paragraph quoted above; what financial assistance has been given; and just what has been the reaction from the general public.
For several years after the adoption of the Constitution of 1777 nothing relating to schools appeared. Possibly the leaders were so busy making a state from the old colony that they had no time to devote to the study of education for the masses. Then, too, public instruction, as we now use the term, was foreign to our forefathers. The wealthy planters could afford to give their children the very best opportunities of the day, while the less fortun., ate were not able to pay the high rates of tuition in pri-
5

vate schools, and were, therefore, forced to rear their children in illiteracy.

An Act was passed in 1783 incorporating three academies; one in Augusta, one in Waynesboro, and one in Washington. One paragraph of this Act reads as follows:

"And be it further enacted, That on application of any person or persons, duly authorized by the respective counties, his honor, the Governor, shall be and is hereby empo>wered to grant one thousand acres of vacant land for erecting free schools, (as in the above town of Washington.)"'

There was so much vacant land in the State at that time that lfttle value was placed on it. The State could well afford to make grants of this amount or even more in order to popularize education. The fact that few, if any, grants were made from this Act tends to show that common or free schools were not popular. Instead of common school, the academy idea became the leading educational plan.

Authority was granted to Louisville in 1786 to lay out a forty acre tract, belonging to the town, in four acre lots reserving one on which to build a house for the academy. The proceeds from the sale were to be applied to the erection of the building.'

An Act was passed in 1786 authorizing the sale of confiscated property, after due advertising in the proper gazette, up to the value of one thousand pounds, and apply the proceeds to Sunbury Academy in Liberty County. Later an Act was passed allowing one thousand pounds, from the sale of confiscated property, to be paid to various academies.'

During these few years Richmond Academy had been gro'wing, for in 1810 the Legislature passed an act to allow the trustees to lease certain flat lands, belonging to the city, for the purpose of cultivation. A two-fold pur-

'M~rbury & Crawford's Digest, 1786, p-14.

'Marbury & Crawford's 'Digest, 1786, 'p-367-8



ibid

1788, p-380

6

\
pose was stated in the Act. That it would tend to improve the health of the city, and make living therein more pleasant, and the proceeds were to be applied to the support of the Academy:
"Which is represented to be in a very flourishing and thriving situation, and deservedly entitled to the further patronage of the Legislature."'
The year 1815 ushered in something entirely new, and based on the State's financial condition at the time was very liberal. An Act was passed, and the very wording is so different from the legal verbiage of the present, that it is reproduced in full.
"AN ACT
To create and establish a fund for the support of Free Schools throughout the State.
Whereas, it is universally acknowledged, that in all well :regulated governments, and particularly that form of government under which we have the happiness to live, the education of the youth and the general advancement of useful knowledge are subjects of primary importance; and whereas the present system of education in this State is not well calculated for the general diffusion and equal distribution of useful learning;
Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enated by authority of the same, That from and immediately after the passage of this Act, the sum of two hundred and fifty thousand dollars be, and the same is hereby set apart and appropriated for the future establishment and support of free schools throughout this State: Provided that nothing contained herein shall prevent the future Legislature from repealing the whole or any part of the above recited law.
Sect. 2. And be it further enacted, That it shall be the duty of his ExceJlency, the Governor, so soon as a favorable opportunity may oc..,
'Clayton's Compilation 1810 p-600.
7

/
I
(

cur, to invest the above sum in bonds, or other profitable stock.'"
So far as I can find in the Acts, this is the first direct appropriation of money for the purpose of education. This fund was to be held more as an endowment than as a fund to be expended during a specified time. For many years the proceeds from this fund was the State's contribution to educate the, youth, and foster the things that the Legislature had in mind. The fund was soon classed the "Poor School Fund" and bore this cognomen until a new system was set up, sixty-five years later.

The law did not make any direct provision for the distribution of the Poor School Fund, and as no record is found giving any details, we do not know how the money was disbursed for the first six years. An Act was passed in 1822 determining what should be the basis of distribution.

"When the census is taken, no child is to be returned whose parents pay a tax exceeding fifty cents over and above a poll tax. No child is to be sent to school and paid for out of public funds, who has been taught reading, writing, and the usual rules of arithmetic. No child under eight or over sixteen years of age shall be sent at public expense more than three years."'
Possibly the first thought of equalization had its incep-
tion with the distribution of this fund. The Act calling for
a school census raised the question of a fair distribution of
funds, both as to counties and also the number of pupils
eligible to participate. Immediately an Act was passed, as follows:

"An Act to distribute certain funds among counties.
That each shall have an equal part of the sum to be distributed, until each shall have received the sum of two thousand dollars, including the amount already received in cash or confiscated property .... after which each county shall have a distributive share of these funds arising

'Lamar's Compilation 1815 p-325

2Acts

1822 p-4

in proportion to the representation from each county."'
The representation from each county referred to the school population, between the ages of six and eighteen years, as shown by the census.
More than one hundred years later, the present Department is struggling hard to know just what is the best plan for distribution of an equalization fund, and is following the above plan somewhat in making a ruling that no county shall receive more than a stated amount. All counties receiving a lesser amount participate according to its representation in average daily attendance.
The academies began to seek a part of the Poor School Fund, and we find the Legislature making provision by which they could participate, taking into consideration the population and the number of pupils in each school. The academy idea was growing fast, and in 1828 sixteen new ones were incorporated, and provisions made by which others might be instituted.
Fayette county was granted authority to raise ten thousand dollars by lottery, and apply the proceeds to the establishment of a county academy. The same authority was granted to the trustees of Lawrenceville, and of Madison county to raise five thousand dollars, in each instance, and apply the proceeds to the establishment of academies. Methods long since outlawed were legalized at that time to foster education.'
Fifteen years later, at the session of 1837, forty-two counties had legislation passed affecting academies in some form. The same Legislature passed an Act setting up a common school system but for some reason it failed to function. Possibly the idea of a pauper system did not appeal to the citizenry at the time. It was a struggle between the academy proper, and the schools for poor children.
The idea of a State-supported system was, however, growing along with the old academy plan, and the Leg-
'Acts 1822 p-7 ' Ac: s 1828 p-3
9
1

islature of 1851-2 set up another amount for the Poor School Fund. It consisted of 1836 shares of the capital stock of the Bank of Georgia, 890 shares of the capital stock of the Bank of Augusta, and 186 shares of the capital stock of the Georgia Railway and Banking Company, all belonging to the State, for the education of the poor. This fund was to be increased by as many additional shares of the capital stock of each bank as could be purchased with any unexpended balance. To this was added any balance left from the $30,000.00 appropriated to defray the expense of the State Convention of 1850.'
The endowment idea was still strong in the minds of the legislators. They were recognizing the duty of the State, and were showing a willingness to foster education, in a limited way, among those unable to pay.
The income from the funds set aside was to be distributed by the State Treasurer according to the number of eligible pupils furnished him by the first day of December each year. The Ordinary was made ex-officio Commissioner, and was to receive two and one-half percent on all funds paid in and a like amount on all paid out. Two men from each .Militia District were to be appointed and sworn to take the school census, and furnish a correct list to the Ordinary, and he in turn must furnish the same to the State Treasurer. Only those between the ages of eight and eighteen years of age were eligible who were unable to pay tuition for "a plain English Education." The method of determining the ability of a parent to pay tuition was to consult the county tax digest, and see if he paid more than fifty cents above a poll tax. If he did so, his children were not eligible. This arbitrary ruling must have mitigated against many, as the fifty cent tax would not have paid the tuition, for more than two weeks, of a child just entering school for the first time.
Chatham county had an academy incorporated in 1788, and the idea of the county bearing the educational burden had grown there. The Legislature of 1851-2 granted authority to set aside the sum of ten thousand dollars, from the regular tax levy. This money was to be invested
'Acts 1851-2- p-1 Sect. 1-2-3
10

in bonds, and the proceeds used to support a system of free schools. That county was possibly the first to recognize its duty to every child within its borders, and use its tax money to establish a free school system for all white children. Later the colored children of both county, and the city of Savannah were granted the same privilege/
The system of payment in the various counties was very unstable, because no perfect records were kept, and authority and responsibility were shifted from one person to another. The teacher was required to make out his report, giving the names of all pupils, the studies pursued, the average number of days in school, and whether they came under the Poor School Fund. No blanks were furnished by the State for these reports, hence they varied according to the number of teachers making them. Many of these accounts were not paid for various reasons, and year after year the legislative machinery became clogged with the disposition of these accounts.'
Many special enactments for relief were passed at each session of the Legislature, for sundry petty amounts. An example of one is given below.
One Jonathan Hadden taught five poor children during the year 1846, and had received no pay because the magistrates had failed to return the names as the law required. During 1849 he taught 36 others and had failed to receive pay for the same reason. By special enactment the Justices of the Inferior Courts were instructed and required to pay both these accounts from the 1851 and 1852 funds. The amount in the first case was $9.65, and inthe latter $78.70. Matters of a like nature took so much of the Legislature's time that a law was passed in 1852 making it legal for the Ordinary to pay all school accounts when approved by the county board of education.'
This incident is given to show some of the real difficul,ties the early friends of common schools had to cope with, and also that the attitude of the Legislature was more friendly than some officials who were charged with the
'Marbury & Crawford's Digest 1788 p-372 'Acts 1851-2 p-331 'Acts 1852
11

administrative duties. It also shows that the acadetny idea was prevailing, and had its influence on the establishing of a common school system, and the disbursement of the funds.

Many school problems had arisen by the time the 1858 Legislature met. During the session many counties had legislation passed regarding boards of education. Some were self-perpetuating, some elected by popular vote, and some appointed. Power to examine and license teachers was granted, authority to establish and operate schools, and provisions were made for the election of the school commissioner. The tax collector was made official census enumerator, and under oath must take the census when he received the tax returns, and furnish a true list to the Grand Jury. This Legislature also gave authority to levy additional tax for educational purposes, but no record is given where this provision was put into force. The Poor School Fund was increased by an appropriation of one hundred thousand dollars, from the net earnings of the Western and Atlantic Railroad. The proceeds of this increase was to be pro-rated among white children only, for the elementary branches.'

The phrase "elementary branches" must not have been very clearly understood, for the following year we have this definition:
"The words, elementary branches, are construed to mean: Spelling, Writing, and Arithmetic, but pupils may study English Grammar, and Geography, tuition to be paid from the Poor School Fund, not to exceed $16.00 per annum.'"
Additional legislation was passed creating county boards of education, and defining their duties, also more clearly defining the duties of the Ordinary as the disbursing official. During the session the Clayton County High School, at Jonesboro, was incorporated, with seventeen members of the board. We might infer from this that it was considered a signal honor to serve as a trustee.'

'Acts 1858 p-49

'Acts 1858 p-29

'ibid

p-105

12

When the Legislature convened in 1865 there were many things to be considered. The four year struggle between the North and the South had impoverished Geor.,. gia. School work had been interrupted and sadly neglected; most of the funds had been spent; debts incurred; and teachers were unpaid, yet these things did not daunt the friends of education. No definite pupil cost had ever been worked out, but it was now done. On the basis of seven cents per day for each pupil the teacher indebtedness was determined, and the Justices of the Inferior Courts were authorized and instructed to issue certificates of indebtedness, from Jan. 1, 1866 to Jan. 1, 1867, bearing interest at the rate of six per cent per annum. Authority was given for a special tax to he levied in each county to redeem all unpaid certificates.'

A Board of Education for the City of Savannah was created and its duties defined.'

The Legislature of 1866 created the Board of Education of Columbus, and defined its powers. Authority was given to levy a tax for the support of the schools, and also to set apart and appropriate the poll tax collected in the city.

New legislation was passed, seeking to make the system

much better. The position of Commissioner of Public Ed-

ucation was created, his duties defined, and his salary

.fixed at $1500.00 per annum, County commissioners, as

the boards were designated, were created, together with

local trustees, and the powers and duties of both defined.

In order to save money for patrons, and keep books in

use longer, a Book ~oard was created, and given authorf.

ty to select books for use in all schools'.'

.

This Act was never put in force, and it was two years before anything further was attempted. The school system, if it could be called by that name, had been growing in favor with many of the people, but not with all. Much time had been given to legislation, during the past few years, and yet no .real definite move had been made out-

'Acts 1865. p-78

'ibid

p-78

. 'A,cts 1866 p-58

I ' '
13

'
' '

side the legislature. While the Acts do not mention the cost, the fact that appropriations were being made from time to time shows that financing the work was becoming a problem. No funds had been appropriated to be spent directly, only the proceeds. And endowment, such as had oeen set aside, was not sufficient, as the school population had greatly increased. The necessity for a better educational plan was very evident to those interested in the welfare of the masses. While the old system had not completely failed, it did not meet the demands, and could not.
The War between the States had been settled, the slaves had been freed, and Georgia found herself with thousands of Negro children, legalized citizens, and entitled to an education. A dual system was necessary, since the two races could not attend the same schools. Part of the school fund had been paid to volunteer organizations, and the rest spent or dissipated. The situation was acute and demanded the best thought of our educators.
The Georgia Teachers Association in session in Atlanta, August, 1869, appointed a committee to study the educational system throughout the State and make report on the "best plan for providing for the education of the masses of the people of our State, both white and colored."
A special meeting of the Association was called to meet in Macon in November of the same year, to hear and discuss the report. The consensus of opinion was that the voluntary system was not successful, and that a common school system that would work, should be adopted. The Kingdom of Prussia, under the iron heel of Napoleon, was used as an example. France had levied indemnities so heavy that it staggered the imagination to ponder on the amount. The committee called attention to the fact that Prussia did not despair, but with the paying of the indemnity, also began to build a public school system at the expense of the State. The report states that forty years later, it was said in an army of more than one hundred and twenty thousand soldiers only two were found who could neither read nor write.
Prussia was held up as an example because our own
14

State was in nearly the same condition. While no indemnity had been laid on our State, a great portion of the wealth had been destroyed during the Civil War, carpetbaggers were in power, and were looting the Treasury. There were some objections to the report of the committee. It was thought that we were too destitute to undertake a dual system for both races, that the population was too widely scattered, and unevenly distributed, and that a school tax was too unjust. This last objection was so deeply imbedded in the minds of some that it took a half century to remove it, and allow counties, if they wished, to levy a local tax for schools.'
The Association, through its committee, memorialized the Legislature of 1870, and asked that all school laws be repealed, and an entirely new system be instituted. With the memorial went a carefully worked out plan, with each detail passed on by some of the best educators in the State.
PERIOD TWO
Development of the Common School System from
1870 to 1929
A new system was instituted, but not in accord with the plan submitted. The committee, with other members o( the Association tried in vain to have certain changes made, but failed.
The first paragraph of the Act creates the State Board, and names the officials: The Governor, the AttorneyGeneral, the Secretary of State, the Comptroller-General, and the State School Commissioner. The fact that these public officials were placed on the Board threw it into politics before the system could be inaugurated.
The Commissioner was made clerk and custodian for all papers, documents; and minutes. His office was to be
'Educational Pamphlets, A. J. Orr, No. 3
15

I
in the Capitol, and he was to "give reasonable time and
attendance to the business and duties of the office." He was to prescribe suitable forms for all business transacted between him and the county officials; hear all appeals that should come up; visit the various Senatorial districts; make proper apportionment of the funds; see that all moneys were rightfully used: make an annual report to the legislature; have power to make all local boards and trustees send reports to his office; and collect and distribute statistics.
The Commissioner's salary was fixed .at $2,000.00 per annum, to be paid in quarterly installments, and all necessary traveling expenses, incurred in the performance of his official duties. One clerk with a salary not to exceed $1,200.00 was allowed. All this expense was to be paid from the common school fund.
The county board of education was created with one member from each militia district, one from each ward in a city, and one from each incorporated town. These were to be elected by the people and hold office for two years. At its first meeting, one member was to be elected president, and one secretary, the last named one was to be the county commissioner. The board must lay off the county into sub-districts, and properly describe them. Maps were to be made showing the proper boundaries of each district, and none were to contain less than thirty pupils, if possible.
It was the duty of the board to establish a school in each district, but in the case of sparsely settled sections ambulatory schools might be operated. These might be run for a short period in one section and then transferred to another. The board was giv~n full authority over all schools receiving State funds, and could set up standards for teachers, prescribe the course of study, and license teachers thro~gh the county commissioner.
The county commissioner was made the medium of communication between the county board and the local trustees, and the State Commissioner. He must visit the schools as often as it seemed necessary, but must reach each one at least once every year. It was his duty to r.e-
16

ceive all reports of trustees, and in turn make reports to the county board, the Grand Jury, and an annual report to the State Commissioner. His salary was fixed at three dollars per day, and the county board must determine just how much of his time was necessary to accomplish this work.

There were to be three local trustees elected by the people in each district. They were to have full charge of the school, make visits, examine for proficiency, provide the necessary buildings, fuel, equipment, and supplies. These were to be supplied from funds received from a local tax on the property of the district, and by an assessment of labor, made by the county board, of any voter in the district. They were further required to furnish buildings for both races, make the proper census enumerations, of all persons between five and twenty-one years of age.

The teacher was required to file a comple~e report with the commissioner, at the end of each term, showing the full enrollment, average attendance, subjects studied, of male and female separate, for both races.

One-half the net earnings of the Western and Atlantic Railroad, all poll tax, liquor tax, special tax on shows and some minor taxes were allocated as a Common School Fund.'

The legal machinery for common schools was set in motion, but then came the Herculean task of interpreting it to the people, and putting it into effect. This was no little task, because many people were not in accord with the idea of the State assuming. such a burden. The scars of the War between the States had not been far enough removed. The State was still under carpet-bagger rule, and promise of any relief was too far in the future.

General J. R. Lewis was chosen by the State Board as

t

the first Commissioner, and one of his first acts was to prepare and distribute a circular interpreting the new law

to the people. This letter contained eleven pages, with

eighty paragraphs, each dealing with some phase of the

school law. He regarded his work as the biggest under-

'Acts 1870

17

I
taking, of its kind, the State had ever attempted, hence the necessity of starting it on a sound and firm base.'
His next bulletin dealt with instructions for the examinations for teachers. The matter had been left entirely in the hands of the local people, but he wanted the proper means used. The law specified that only properly trained teachers should participate in the school fund, hence the necessity for a fair and just system of examination.
Each candidate was to be furnished pen, ink, and paper, furnished by the examiner, and was not to leave the room while the examination was being held. Questions must be taken from the following subjects: United States History, Algebra, Geometry, Physiology, Natural Philosophy, Chemistry, Book-keeping, Music, Drawing, Gymnastics, Elocution, School Laws of Georgia, and Theory and Practice of Teaching. No certificate was to be granted to any one making less than 50 per cent on any subject, or whose general average was less than 70 per cent. In addition, the candidate was to be "orally examined in order to accurately determine the grade of license to which he was entitled." The county commissioner was to . prepare the questions, hold the examination and was "to bear in mind that the object of the examination was simply to ascertain if the candidate was qualified to successfully teach in the common schools.'"
Under the pian of each county commissioner preparing his own list of questions, and grading the papers, no uniformity in licensing teachers could be expected. However,this method prevailed for a number of years, before the State Commissioner was instructed, by law, to prepare all lists of questions for the examinations, and furnish them to all the counties. As the system grew, it was found qnnecessary to examine on all the subjects mentioned in the first circular, and some of them were dis. carded, and others substituted, as the needs arose. Permission was also granted the county commissioner to hold special examinations, when necessary, to meet the requirements, but no special license was to be valid after
'Publications, by J. R. Lewis, No. 1 2Publications, by J. R. Lewis, No. 2
18

the next regular examination. This system was kept in

vogue until 1924, when the State began the present cer-

tification plan, based on high school, normal, and college

training.1



A controversy arose over the interpretation of one part of the Act creating the new system. That section is given below:

"Sect. 31. That it shall be the duty of trustees in, their respective districts, to negotiate and make, under such rules and regulations as the County Board of Education may prescribe, all necessary contracts in relation to providing fuel for schools, repairing, building or furnishing school houses, and making all other provisions necessary for the convenience and prosperity of the schools within the districts; and funds for all such expenditures shall be raised by a tax levied on the taxable property of said district, and by an assessment on the labor of the qualified voters of the same, as may be determined by the County Board of Education; and whenever an assessment is made on the labor of any voter, said assessment may be discharged by labor."'
The right to levy the above tax was affirmed by a ma-
jority of the State Board, but the Attorney-General, and
the Comptroller-General ruled adversely. These two
officials said it was legal to make the levy to equip the
building, but illegal to levy funds for maintenance. Theirs
was a long decision, based on different points in the Con-
stitution and various sections of laws. In order that the
matter might be placed before the Boards of Education,
for their own guidance, the following resolution was
unanimously adopted by the State Board on May 10,
1871:
"Resolved, That the County Boards of Education are left to take such action, under the law and the opinion herewith transmitted, and Circular No. 1, in regard to levying tax to pay teachers, as they may determine for themselves."
J. R. Lewis, S. S. Com. and Secy. R. B. Bulloch~ President.'
1Educational Pamphlets, A. J. Orr, No. 9
'Acts 1870 p-49 Sect. 31 'Educational Pamphlets, A. J. Orr.

19

Thus from the very beginning of our common school system it was hampered by the lack of funds, and while the Legislature was wi)ling for the people to tax themselves for better educational advantages, some of those charged with the interpretation of the laws stood in the way of progress, and it took more than forty years to write this privilege into our statutes.
Under the terms of the law the County Boards of Education had to make arrangements to operate the schools for three months, to participate in the Common Shool Fund. The State funds were not sufficient for this, and the only methods of raising money were donations and tuition. A paradoxical state of affairs existed. The legal term was three months and arrangements must be made for this much, and yet no tax ould be levied to pay the teachers.
Schools were operated during the year of 1871, and all board members, trustees and teachers thought they were in accord with the law. When time came to make payment .it was found that there were no funds. The Legislature in 1856 had given the Governor authority to issue bonds, under certain conditions, and place them in the hands of the Treasurer for safe-keeping. The interest from all such bonds was to be added to the educational fund. November 10, 1859, $100,000.00 worth of bonds were issued, and November 1, 1860, $200,000.00 more were added. All these were to bear interest at the rate of six per cent per annum. When Commissioner Lewis appliedfor the interest to make payment to the teachers for services rendered, he found that it had been paid for other purposes. He contended that this fund was designated for the Common School Fund, and should not be paid out for any other purpose, and for a number of years it was a matter of controversy between the Commissioner and the Treasurer, but was never paid to the school fund. . In a circular letter sent to the various county authorities, he said:
"Appropriations are made to be paid from any funds in the Treasury and the School Fund is therefore used to pay members of the General . Assembly, or other expense, and, indeed, an the
20

School Fund has been paid out in this way before the date of the Act to establish a common school system. It has been paid out as fast as it has been received into the Treasury ever since. It is now being paid out to the members of the General Assembly, and to meet other expenses of the State.'"

This paragraph had $200,000.00 bonds, the

rWef.eraenndceAt.orethnetalbsa, npkolsltotacxk,,

the the

liquor tax, and some other minor taxes allocated directly

to the school fund. Commissioner Le.wis found himself in

the same condition that the present State Superintendent

found himself in at the first of the year 1929. Teachers'

salaries were due, and not sufficient funds to meet them.

The circular mentioned above caused wide-spread in-
terest, discussion, and confusion. In ii the Commissioner
sets out a number of things that have not been done according to law. He contended that the School Fund, from all sources was more than $600,000.00, and made demands for it. This fund was never paid.'

The Legislature of 1872 appointed a joint committee from the Senate and House to consider and report on the circular letter. The report said that,

"We have dispassionately and carefully examined said circular, and are of the opinion that the same is designed and calculated to destroy public confidence in the General Assembly."

The committee said that the bond issue for schools in 1868 was illegal, that the poll tax was un-collected, but would be paid to the school fund when collected, that the school fund was not entitled to the interest on the bonds from 1859 to 1870. The report deals at considerable length with the circular, goes into the bond transa?tions of Governor Bullock, who had fled from the State, and closes with these two resolutions:

1 and ' Publications of J. R. Lewis, Circular,

21

"Resolved, That in the opm10n of this General Assembly, the system of common schools, as now adopted and of force in the State, can not be carried into effective and harmonious operation under his (General Lewis) supervision and management;
Resolved, That in the opinion of the General Assembly, the claims of teachers and officers of the common schools against the State (for instruction and services rendered) are just and valid, and should be recognized and paid as soon as funds can be realized for that purpose.'"
This was the situation that confronted the common schools at the beginning of the second year's operation.
Commissioner Lewis may have offended the Legislature
of 1872 by his plain statements, but he apparently had
sufficient grounds 'for complaint. The committee seemed
to think his circular letter had been sent in a revengeful
mood, and asked that he resign. This he did some time
later in the year, but whether on account of the report of
the committee, and its criticisms, or because there were
no funds for operation, legal documents fail to show.

In full justice to him, let it be said that his was a great task. An entirely new system of legal machinery had to be set up, and put in running condition, material had to be gathered, and trained workers secured. Public education was not popular with all the people, and all adjustments from the Civil War had not been made. The law did not specify just how the school funds should be handled, and some of the officials followed their own ideas and judgments in disbursing all monies in the Treasury. Much confusion could have been averted if the proper investigation had been made regarding the funds before any schools were put into operation.

The first annual report, although not complete, furnishes some very interesting information. The following bibles are taken from it.

ibid

Report of Committee

22

TABLE I

Abstract of County Commissioner's Reports

No. children 6 to 21

Males

Whites enumerated ____________ 98,222

Females Total 92,713 190,935

Colored enumerated __________ 63,942 Whites enrolled ________________ 22,576 Colored enrolled ________________ 3,253

60,096 20,338
3,411

120;038 42,914 6,664

Av. attendance white ________ 14,297 12,506

26,803

Av. attendance colored ____ 2,292

2,282

4,57 4

The above table shows that the people were not favorable to the common school system, for less than 23% of the white children, and less than 6% of. the colored children were enrolled in the schools. Their attitude was shown by the average attendance of less than 61% of the whites, and 69% of the colored.

Hon. Gustavus J. Orr was elected Commissioner, Jan. 15, 1872, and took immediate charge of the work. His chief inheritance was an empty treasury, and a large debt which had accumulated during the preceding year. With- in a few days he issued a circular letter to the county . commissioners stating that the time of payment could not be predicted, since he could not find out definitely how much money was due the school fund, nor whether any of the amount due was in the State Treasury. He recommended that teachers run private schools until funds were in hand to make proper payment. After a careful study and investigation had been made, he said,

"It is impossible for me to tell when this money will be ready for distribution for several reasons. There is great uncertainty as to what is due the School Fund, and it is impossible to ascertain, at present, what portion of this is now 'in the Treasury."'

Some weeks later he issued another circular letter stating that after making a close study of the financial conditions he found that there had been paid into the Treasury, up to Oct. 1, 1871, $327,083.09, but that $242,027.62 had been diverted to other uses. Some $10,000.00 had been used for the expense of the Commissioner's office, and there was left only about $75,000.00 but this was

'Educational Pamphlets by G. J. Orr, No. 5
23

not in the Treasury. This constituted the sole resource for meeting the expenses of the schools last year.'

An Act was passed in 1872 requiring a tax of onetenth of one per cent, state-wide, for the purpose of paying the debt of 1871. The exact amount was never exactly determined. In some counties the officials did not know the original amount, nor how much had been paid on it. The Third Annual Report showed that by Oct. 1, 1873, $174,000.00 had been collected and paid to the proper county officials.'

In the Fourth .AnnuaJ Report the following paragraph explains the attitude of the Governor and Commissioner:

"Upon the supposition that all school funds that had passed into the treasury from August 6, 1870, up to November 4, 1872, already apportioned, viz: $174,000.00, more than replaced any funds that may have been used for other than school purposes between the dates named in the act by $7,610.25. In view of the showing made, the Governor does not feel that he would be justified in ordering any further apportionment of funds under that act we have been considering, since he does not consider any further sums that may have been collected as appropriated by the Act, and hence I do not deem it necessary to make a statement of the receipts under it.'"
A direct appropriation of $250,000.00 was made in
1873, to be apportioned on a per-capita basis, according
to the school census. None of this was to be applied to
any balance claimed for the deficit of 1871. The Commis-
sioner thought the teachers and officials were, in a mea-
sure, at fault in trying to operate before sufficient f.unds
were in hand. He further thought that the above amount
was enough for the State to appropriate, and that it
should be supplemented by the local authorities, from
local taxation. His idea was to pay just enough State
funds to act as a stimulus, and leave the rest to local initia-
tive. The philosophy of using the strong as an example

ibid

No. 6

'Acts 1872 p-62

' Third Annual Report, G. J . Orr, p-7-8

24

for the weak is expressed as follows:

"The wealthier counties will have better

schools than the less wealthy, inasmuch as they

are able to make them so; yet since the wealth-

ier communities give their consent in the general

levies of the State to aid 'the less wealthy, it is

found that a greater equalization of the burden

is effected and all are better contented when

each community is left, in a large measure, to

work out its own destiny."'



In nearly every one of his annual reports Commissioner Orr begged the legislatures to pass a .law enabling the various counties to have the privilege of voting on a local tax. The laws previously passed, allowing local tax, had not been put into force, since some of the officials had ruled adversely against them. He knew further that a tax for schools would be unpopular with many of the voters, and in the Sixth Annual Report he makes this suggestion :

"I suggest that a law be passed, giving the
Boards of Education of the different counties the right to submit the question of a tax, not to exceed a certain fixed per centum, for the support of schools in which are taught, Spelling, Writing, Reading, English Grammar, Geogra-
phy and Arithmetic, to the voters of the county, and that the law be as to permit no one to vote on the question except those who pay tax on a certain amount of property."'

The legal term was three months, but pupils who had access to longer terms were allowed the priyilege of applying their pro-rata part of the State funds as tuition in private schools. In order to arouse more interest in the people, generally, towards local financing, a law was passed in 1875 authorizing the tax collectors to pay all poll tax collected to the proper school officials, take a receipt, and in turn present same to the Comptroller-General, who would give an official receipt. This was done to make each county sure of its own pro-rata part of the poll tax, and insure a quicker payment.'

'Third Annual Report; G..J. Orr, p-28 'Acts 1875 p-113 'Acts 1875 p-113
25

The charge was repeatedly made, by those opposing
the common schools, that they were too costly, and were
not functioning as well as private schools. Pupil costs
from other states were given, and then figures from At-
lanta and Savannah were quoted.
"The year before the public schools of Atlanta were put in operation, 1200 children, in round numbers, were taught, at an expense, as nearly as the same could be ascertained, of $48,000.00. During the first year's public school work, 2800 children were taught, at a cost of about $50,000.00. I have now before me the report of the Superintendent for the year ending August 31, 1873, in which the cost per scholar, per annum, including all expenses, is put down at $18.29, and the cost per scholar for instruction is $15.00. From the report of the Superintendent of Public Schools for the city of Savannah, and the county of Chatham, also before me, I learn that the cost of education per capita was $17.60 in 18723; $17.90 in 1871-2; and $16.25 in 1870-1.'"
Possibly the first idea of consolidation was given in this
same line of argument for cheaper administration of
schools in the following:
"It may be asked how do public schools cheapen the cost of instruction? The explanation is easy: Communities, instead of being divided by supporting a number of smaller schools, are brought together in the support of one; and all the school material is thrown together in one body, thus making a more perfect classification possible. The pupils are graded, those of the same degree of advancement being thrown in the same grades. Separate teachers are assigned to the different grades, and, the school material being thus properly classified, each teacher can teach a much larger number of pupils and do his work much more thoroughly than he could do in a private school, composed of pupils of every degree of advancement from abcedarian to those pursuing classical and the higher mathematical studies. In short, the public schools furnish a beautiful illustration of the benefits of the principle of the division of labor
1Third Annual Repor,t, G. J. Orr, p-19-20
26

taught in1 all our works upon the subject of political economy,'"
The writer has not tried to give all the school laws enacted, .but has tried to mention many of those that more vitally affected the transition from the old academy period to the public, or common school period. Much time has been given to the many difficulties encountered by the first two Commissioners. That ideas advanced by both .are now considered non-progressive is self-evident to the student of present day school administration, yet one wonders just what some of the school men of today would do if conditions were such as these two men faced.
From 1880 to the present time much school legislation was enacted. As soon as the public school idea became popular, cities, towns and villages began to have special legislation passed. Much of this was in self defense. The State appropriations were insufficient to maintain the type of schools that the public demanded, and as the various legislatures refused to pass any law permitting the people to vote for a district or county-wide tax, the towns had their authority written into their charters, both city and school. This gave rise to another defect, that took years to remedy.
Many of the towns built up good schools, but no property outside the corporate limits could be taxed for their support, hence many had to legislate permission for a high rate of taxation. Pupils from outside the district were charged tuition, and in many cases such high rates that they were prohibitive. These schools fell under two heads according to the classification of the State Department, independent, and semi-independent systems. The independent systems dealt only with the State Depart-. ment and received their pro-rata share of the fund~ directly. ,:I'ihe semi-independent systems received their share through the county officials, and made all required reports through the same source. During the period from 1880 to 1927 there were more thantwo hundred semi-independent systems created by legislative .enactment.

'Third Annual Report, G. J. Orr p-20-21

2

ibid

p-20-21

27

One of the great chapters in public school history was written in 1905, when the McMichael law was passed. This was a constitutional amendment, and was overwhelmingly ratified. It gave to the county the right to vote on a tax, not to exceed five mills, and if the county did not vote it, local districts could. Thus a progressive community had the privilege of building the type school and school-house it desired. Many counties availed themselves of this tax at once, and gave to the pupils longer terms, better teachers, and better equipped buildings.'
Two laws of vital interest were passed in 1919, namely, the Barrett-Rogers Law and the Elders-Carswell Law. The former permitted the State Board to take a certain amount from the general appropriation, and under special rules and regulations distribute it to the various counties for two purposes. $1,000.00 was to be paid to each county for a county high school, provided it met all the requirements set up by the Board. The sum of five hundred dollars could be paid to elementary consolidated schools that met certain requirements. The first amount set aside was $100,000.00. The idea of consolidation has become so fixed in the minds of our school people and so many schools are qualifying that during the years 1928 and 1929 $400,000.00 was promised under the terms of this Act, and for 1930 $500,000.00 was promised under the terms of this Act, and was insufficient.'
The Elders-Carswell Law was also a constitutional amendment. Under the terms of this law it is the duty of all county boards to make a levy on all property subj~ct to a county-wide school tax, of not less than one mill and not more than five. Fifty years after the beginning of the present system a county-wide tax became compulsory.'
The year 1927 wrote still another chapter that meant much to the system. The law, known as the Gas Tax Law, . allocates to the schools one half cent on each gallon of gasoline, and one cent on each gallon of kerosene oil sold in the State, to be distributed as an equalization fund, in
'Acts of 1905. 2Acts of 1919 'Acts of 1919
28

order to equalize as between counties. The fund amounted to approximately $1,250,000.00. The Legislature of 1929 amended this Act by adding an additional half-cent on each gallon of ga.soline, and the amount paid out during 1930 was $2,407,804.00. Since this was to be used as an equalization fund, it was not distributed on the per capita basis, as the general appropriation, but largely on the basis of average da!ly _a~tendance.'
In a previous paragraph mention was made of the many special school acts passed by the legislatures. Since the passage of the last three named laws, many towns wished to have their charters repealed, so they could come into t:p.e county-wide system. A law was passed in 1927 granting this privilege by calling a special election in the territory affected. Many charters have been revoked under the terms of this act and the town schools have come back under the jurisdiction of county boards;'
From the appropriation of $250,000 in 1815, known as the Poor School Fund, to the present one of $5,003,200, together with the equalization fund of $2,407,804 every step has been hard fought. For every opponent there has been one or more strong advocates, both among the law makers and among the laymen.
Law makers and laymen have not always agreed on school legislation and methods of finance. What was true in the early seventies, with regard to appropriations and how handled, is true today. The first Commissioner had the promise of certain funds to put into force what the law had required him to do. He set up the machinery, and when time for payment came, found only an empty treasury. The teachers had to wait for what was justly due them, until succeeding legislatures enabled his successor to liquidate the debt, in part. The present Superintendent operat~d the schools for the years 1928, 1929 and 1930, and when it cam~ time to make finaJ settlement, found an empty treasury, and the teachers are waiting for the State to make good its promise for $3,740,148.39. It is to be hoped that the present Legislature will enact such
'Acts of 1927 'ibid
29

laws that hereafter an appropriation to the public schools will be held as sacred as that for any other purpose.
Below is a table giving the finanCial growth, year by year, and a comparison of attendance, and census enumeration of both races from 1871 to a half century later, 1929.

TABLE II

Showing the Financial Growth, Census Enumeration, and Enrollment of White and Colored from 1871 to 1929

Year

Appropri-

Census

Enrollment

ations

White

Colored

1871 1872 1873 1874 1875 1876 1877

$ 174,107 No schools
250,000 265,000 151,304 149,464 150,225

336,338

42,914
63,923 93,167 105,990 121,418 128,296

6,66-1
19,755 42,374 50,358 . 57,987 62,330

1878

154,378 433,444 137,217

72,655

1879

155,264

147,192

79,435

1880 1881

150,789 196,317

150,134 153,156

88,399 91,041

1882

272,754

161,377

95,055

1883

282,221 507,167 175,558 111,743

1884

305,520

181,355 110,150

1885

502,115

190,346 119,248

1886

312,292

196,852 122,872

1887 1888

489,008 330,113

560,281

208,865 200,786

133,429 120,390

1889

490,708

209,276 133;220

1890

' 638,656

209,259 134,491



1891

935,611

219,643 140,625

1892

951,700

225,350 145,506

1893

1,021,512 604,971 233,295 157,293

1894

937,874

260,084 169,401

1895

1,266,707

253,516 170,260

1896

1,161,052

266,991 179,180

1897

1,169,945

270,267 180,565

1898

1,640,341 660,870 No record

1899

1,398,122

No record

1900

1,440,642

No record

1901

1,505,127

No record

1902

1,615,052

No record

1903

1,538,955 703,133 300,596 201,418

30

0
Il ~ ~ ~ ~ ~l i i~JI~il ~ lil ~lil~ ~ ~l l l
3 2108 05339 4071

Year

Appropri ations

Census

Enrollment

White

Colored

1904

1,595,471

298,865 200,238

1905

1,735,713

298,234 199,286

1906

1,711,844

307,494 208,774

1907

1,786,688

308,153 201,029

1908

2,000,000 735,471 306,981 201,512

1909

2,250,000

316,315 213,038

1910

2,250,000

334,994 220,800

1911

2,500,000

342,129 222,942

1912

2,550,000

348,571 222,659

1913

2,550,000 795,484 360,554 230,254

1914

2,550,000

375,261 239,783

1915

2,550,000

385,167 240,687

1916

2,770,000

405,658 254,890

1917

2,770,000

414,572 263,531

1918

3,200,000 840,861 418,264 261,501

1919

3,500,000

427,162 261,958

1920

4,000,000

446,054 277,023

1921 ' 4,500,000

456,403 273,061

1922

4,250,000

470,242 225,193

1923

4,250,000 900,352 No record

1924

4,500,000

445,896 257,674

1925

4,502,000

452,840 241,967

1926

5,003,200

451,814 241,093

1927

5,003,200

467,049 253,038

1928

5,003,200 867,995 468,375 246,019

1929

5,003,200

1930

5,003,200

1

1931

5,003,200

Per capita apportionment for 1879 ___ __c_____ $ .88

Per capita apportionment for 1929 _____________ 5.13

'Fifty-Sixth and Fifty-Seventh Annual Report, p-305

.. -.

. .~

_: i

31

JENEft~L UB~ARY
SEP 14 19t6 WivtRSil't Of GEOtl*