Report of the State School Commissioner, submitted to the General Assembly of the State of Georgia, at its session in January, 1873 [1873]

REPORT
or nir.
STATE SCHOOL COMMISSIONER,
nl*nMtTTKD
TO THE GENERAL ASSEMBLY
or TUX
ST.ATE OF QEOROIA., AT ITS SESSION IN JANUARY, 1S73.
ATLANTA, CA.: W. A. HEMPHILL & CO., PUBLIC PKINTEKS.

PEIWKTMKNT OF EDUCATION, Atlanta, Ga., January 1, 1873.
To his Excellency James M. Smith, Governor:
Dkau Sin: I have the honor to lay before you my annual report for transmission to the General Assembly.
Respectfully yours, Gustav us J. One,
Slate School Commissioner.

REPORT
There were no public schools in o|>onition, under the genoral school laws of the State, in the year 1872. The unlawful diversion of the school fund to other than school purposes, and the grave error of administration by which, in the absence of resources, a debt of near three hundred thousand dollars was run up against the State, by prematurely putting schools into operation, were fully sot forth in my last report. This state of things rendered it impossible to accomplish anything in the way of actual school work, without resorting to local taxa tion. The school law of January 10th, 1872, conferred the power of local taxation, but the provisions of the act were such as to render the power nugatory as to immediate results. The grand juries, at the first term of the several courts after the passage of the act, were to appoint a board of education. These boards, at the next term of the several courts, were to recommend a tax to the different grand juries, who were empowered to approve or disapprove. Thus the question of the tax could not be finally passed on till the latter half of the year, the time of action occurring at different intervals and being postponed, in some of the counties, even till the last month of the year. Had the act of January 19th, 1872, re mained in force, it would have been impossible, in most of the counties, to accomplish anything by local taxation under it for that year, and all hope of doing anything, in this way, was removed by the act approved August 23d, 1872, which failed to confer the power. 1 am of the opinion, however, that, under the circumstances existing, inaction was wisdom. Wo have had a year for organizing and reconstructing tin* system and getting ready for effective work in the future.
Perhaps the most ini]>ortnnt subject proper to be consid ered in this report is the condition of the school finances. At

<5

Jteporl of Stale School Commissioner.

:i meeting of the State Board of Education, on the first of April last, tlio following resolutions were adopted:

6iResolved. That there is duo the educational fund as follows:
1. All the poll tax, the tax on shows and exhibitions, and the tax on spirituous and malt liquors that has been levied since the adoption of the Constitution of 1S(5S.
2. All the interest due on the bonds issued under act of December 11th, 1868.
3. All dividends that have accrued on one hundred and eighty-six shares of the capital stock of the Georgia Railroad & Banking Company not hitherto used for educational pur poses--said shares having been set apart as a permanent edu cational fund by tho act approved January 22d, 1852.
Jlcsolccdy That this board would also submit, as a ques tion for the consideration of the General Assembly, whether there may not also In* due tho (educational fund ono-half the monthly payments made by the lessees of the "Western & Atlantic Railroad, estimating from the 19th January, 1872, tho date of the act amendatory of tho public school law of October 13th, 1870.*'

The question raised by the last of these resolutions was taken up and satisfactorily settled by tho last General Assem bly. No action was taken in reference to tho subjects men tioned in paragraphs numbered 2 and 3, in the first resolution. To these T desire to call special attention. In a circular issued from this department on the 17th of April last, and submitted as a part of my last report, then* was a full discussion of tho foregoing resolutions. What was then said was well consid ered, and 1 here n*produce that part of the discussion which relates to the first resolution :

"It will be observed that tho lirst resolution contains throe distinct propositions. In reference to the first of those, there is no difference of opinion. All agree that the taxes therein named constitute a legitimate part of the school revenue. All discussion as to the right of this department to claim these taxes is silenced by the Constitution, which `sets apart and devotes them ' to the support of common schools.
" In respect to tho claim set up in the second proposition, there is a difference of opinion. The act of 1868, referred to,

Report State School Commissioner.

7

gave $100,000 of tho annual net earnings of tho Western & At lantic Railroad to tho State School Fund, the corpus of which was to bo used for eclucational purpose's, and provided that the remainder of tho said annual net <arnings should lx* used as a sinking fund, to take up the bonds then outstanding against tho State. As these bonds wore thus taken up, others of equal amount were to bo issued, drawn in favor of tho Seerotary of State, as trustee of the educational fund, and bearing interest at six per cent, per annum.
"The object of the legislators, according to tho view of some, was not to diminish the then existing indebtedness of the State, but simply to transfer it from other parties to the Secretary of State, as trustee of tho educational fund. One hundred and fifty bonds, of one thousand dollars each, were issued November 1st, 1S.M), and two hundred of like amount November 1st, 1800, amounting in all to three hundred and fifty thousand dollars. These bonds are now in the hands of tho Secretary of State. It is true that the fund thus raised was for the benefit of the white children of the State, but there can be no doubt but that the convention that adopted the present Constitution had the power to change tho direction of it, and then' is just as little doubt that they have done so in setting apart and devoting `any educational fund now belonging to tho State* to the support of common schools. I have consulted a number of tho very best legal minds of the State, and they all agree that the effect of section 3, article f, of the Constitution, upon these particular bonds, is, as we have represented above, to fix them as a permanent school fund.
" In reference to the interest that may be lawfully claimed on them, there is a wide difference of opinion. The unpaid interest coupons still attached to the iKmds amount, up to November 1st, 1871, to $231,000. According to the view enter tained by some good legal authorities, these bonds being in existence at the time of the adoption of the Constitution, as a school fund, the words of that instrument above quoted, devoting `any educational fund now belonging to the State' to the support of common schools, took effect upon them, carrying all the interest then due upon them, as well as all to fall due subsequently, to the support of a system of public instruction.
"Other legal minds, deservedly ranking very high as au thority upon questions of this kind, take a very ditfeient

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Report of State School Commissioner.

view. They nay that tho act of 185$, which is followed very closely by tho chapter on education in tho Code, simply gave the interest on these bonds as an annuity for the education of the children of the State; that tho machinery provided in tho act, and in the Code, clearly contemplated tho annual oxpenditure of the annuity for the purpose for which it was given; that from tho date when tho first installment of tho unpaid interest fell due, down to tho passage of tho school law of OctoborlSth, 1870--a state of war having intervened--tho object for which the money was given was not carried out; and that, upon the plain legal principle, that when a gift is made to a particular person for a specified object, and tho object is not carried out, the gift reverts to tho donor, no part of the inter est can Ih* lawfully claimed which fell due prior to tho date of the school law just named. This view would give the school fund only about one years interest, or $21,000.
"As to the third proposition of the resolution, it is only necessary to remark that, as the act of 1862 gives tho railroad shares themselves, that is the corpus, to the Educational Fund, 1 have not met with any one who doubts that this department is entitled to all that is claimed in the action of tho State Hoard al>ove given.**

The final paragraph, in that portion of tho above quotation which relates to tho bonds, gives the views which I entertain u{K>n the subject. I hope that tho General Assembly will agree with me that such measures ought to be taken, at onco, as shall clearly defiuo the rights of the school department in reference to the two foregoing sou mss of revenue, thus set tling definitively all questions growing out of the same.
In order to exhibit a connected view of tho school fund, derived from tho sources of revenue established in the Consti tution, I quote from two letters from the Comptroller General, addressed to tho Governor, dated respectively April 2d and October 1st, 1872. Tho statement in tho first comes down to March 1st, 1872, and that in tho second down to its date.
The showing in tho first is as follows:

PoU lux of :HC8........................................................................................... $ 00.405 Cl Poll lax .f 1HG0........................................................................................... 08,108 1C
PoUtaxoMOTO.................................................................. -jo.ooi G7
All other aoarcoa except polli, Muno year*............................................... 01,300 78 Liquor tax, tax on fthowa, etc., from lt January to ll October, 1871 20,516 87
$827,083 C

Report qf State School Commissioner.

Since tho itiiovo Mntcmcnl won

tho amount charj^l the ^c-

in *% * Intercut on lepolt% of actiool fund * h* Imoo Tcfumlod

to tho State Troajrurer,

............................................................ 7,415 2a

I^cavintc.........................................................................

JJ1,CC7 SJ

From all oourcro alnce Ut October, 1871, to lt March, 1877, tappMxi*

mate calimato)............................................................................................. ^8,0372il

Total amount of Kho<il fund, an aaccrtalncd and act apart up to Ul March, 1877.......................................................................................... $3*7.7250C

Tho statement in the second communication out with the result reached above as its first item, and is as follows:

Amount reported to tho Governor in letter dated 2d April, 1872, up to lot March. 1877................................................................................... .*7.725 <W
For poll tax of 1870, 18CS and 180. alnco Ul March, 1872, and liquor tax, tax on allow*, clrcuaca, olo.......................................................... 71,170 52
Poll tax of 1871............................................................................................ 84,0*0
$403,074 27

In tltecireular appended to ray last re)x>rt, it was fully explaimxl how largo sums of tho foregoing were diverted to other than school purposes under an act passed July 28th, 1S70. Illegal bonds were placed in the hands of the Treasurer "to socuro" $242,027.C2 thus diverttxl prior to August sixth of that year, and the improper use of the school fund was regularly continued after that date. The school law of .January 10th, 1872, sought to arrest this by enacting that school funds should bo kept "separate and distinct from other funds, and said funds shall be used for educational purposes and none other, and shall not bo invested in bonds of this State.'* The circular, already referred to, explains how this law failed to reach the source of the evil. At the time the tirt of the above statemoots of (lie Comptroller General was submitted to the Gov ernor, it was found that tho amount then due the department of education ($387,725.06) diminished by the amount replaced by illegal bonds ($242,027.62) and tho expenses of this office to that date, ($10,890.(57,) left $134,806.75 as the amount of tho school fund that had been used for other than educational purposes, and had not been bonded. As this money had been thus used under tho act of July 2Sth, 1870, and as that act had never been repealed, the Governor caused bonds to tho amount of $150,000 to bo prepared, to bo executed and nego tiated, should a market ofTor, for the purpose of replacing the amount. As there has never been a market for bonds, these bonds remain unexecuted.

10

Report of Slate School Commissioner.

It was intended in the "act to provide for tho payment of the debt duo to teachers and school officers who did service under tho public school law in the year 1871,v approved August 10th, 1872, by means of tho tax which it authorized, "to replace in the treasury all the funds appropriat'd by law to the support of common schools which have been drawn out and used for other than school purposes since the 4th day of NoveniU*!*, 1871/* Whether the amount raised under the law will Ih* sufficient fully to accomplish tho object intended, I do not know, as I have no means of ascertaining tho exact amount of school funds used for other than school purposes after the date mentioned in the act. The tax will yield at least $123,000.

Tlic nmouni Cue :1m* Oriuirinieiiiuf Kriuciuion <>n the tut of October

IaM, acconllng to tho MAtcmcnt contalnc*! In tho necoml com

munlcfttion from the Comptroller Gccoral to iLo Governor al>ovo

qpotad from, b................................

. wnpu 2:

Friiin tlii* (ko the amount raiMnl to n'|C.orc, In pari, <te

verted achool foncU, Jm< mcnllumsl above............... ^123,000 00

KxpenMai of thUdcpartmcnt under my prodw'weor, from

October 27, IhTO, to January *3. ^........................ 10,2 Ofl

Kx|N'nM'auf the deportment alncc my entnmeo Into olhcc,

from .lanunry 1V, 1S72, to January I, 1S72............... a,2o? KJ
----------- 13S.503 8S

beavinf.............................................................

|3M,4l8 3!

The remainder ($354,418.39) shows the amount of tin* debt duo to the school fund at the date mentioned, viz: the 1st of October. This amount will probably bo somewhat reduced, as it is thought that the late special school tax will yield more than $125,000, the amount set down in the above estimate. Tho act of August 19, 1872, just referred to, provided that the illegal school bunds be .substituted by lawfully executed ones, and that these, together with the bonds prepared, but not exe cuted by the present Governor, lx* sold at rates "not injuri ous to the credit of the State,** for the purpose of raising funds to be used, first in paying the remainder of the debt due teachers and school officers, and then in future school operations. One hundred thousand dollars of the amount to be raised by tho special tax authorized by the act, is already in hand and is in course of distribution. For your informa
tion, and the information of the people, the apportionment of this amount, which tho act required the Stab* School Cominis-

Jlcport of State School Commissioner.

11

sioncr to tmhmit to the Governor, is appended to this report. There has, as yet. been no sale for tho bonds, nor is it be lieved that there will bo at a very early day. I have given to this subject much ami careful consideration, and the result has been a conviction that there must be a change of policy in respect to these bonds. Hitherto, in contemplating tho sale of bonds, we have looked mainly to the foreign market.
I am convinced that, by adopting a proper policy, wo shall find a much more S]Kedy and satisfactory Kile for them among our own people. Wo are beginning to enjoy some measure of prosperity. The late abundant yield of tho crops of all kinds must necessarily leave a considerable surplus of money in our midst. Tho farming classes, who are indisposed to speculations of every kind, could readily be induced to invest in State stocks, if they could Ik* assured that the investment would Ih* safe and moderately remunerative, and that the interest would bo promptly paid. I am, therefore, of the opinion that it would Ih l>est to substitute the school bonds now in the hands of the Treasurer with others of convenient denomination, and to issue other new ones sufficient to cover tho remaining indebtedness above ascertained--the whole made, by express provision of law, non-taxable, and to bear interest at seven ]Kr cent.; and that these bonds b3 appor tioned among the counties, in the proportion of the number of children of school ago in each, and placed in tho hands of tho various County Hoards of Education, already made cor porate bodice by law, to be sold by them at a rate not less than a fixed minimum, and the proceeds used, first in pay ment of tho debt due teachers and school officers, and then for the support of the schools of the county. The turning over of these bonds to the counties should be conditioned upon the assuming by the county authorities of the school debt now existing within their respective limits. This policy is recommended because it is believed that money could be real ised much more certainly and speedily in this way than in any other.
If the General Assembly shall see lit, in its wisdom, to adopt tho recommendations contained in this report, we shall have a State School Fund sufficiently ample for our present
purposes. Tho annual school revenue, summed up, will be about as follows:

12

Jtrport of Stair; School Commissioner.

From the >mc of tlio Woitern & Atlantic lUiiroail................. $l&0,000 r nun tho poll tax, about................................................................... 100,000 From tho tat on ho\v* ami exhibition*, about.............................. 5,000 From dividend* on Georgia Railroad ntovk.................................... l.iSS From Inicrem on the bond* for $330,000 now In the bund* of the
Secretary of Stale.................................................................. 21,000 --------- $377,488

Tho number of children between the ages of six and twentyone years in 1871, as determined from actual returns and by computation, was 3Cr#,S8S. The school age, as now fixed by law, is from six to eighteen. With this reduction of tho limits of the school age, the entire school ])opiilation, at this time, would probably not exceed 870,000. Taking the annual school revenue at $280,000, this would give about seventy-live cents a head to all the children of school age. For the reason that the labor or services of at least a portion of tho children is absolutely essential to the support of the family with a very large portion of the population, and for other reasons, wo need not count upon the actual attendance upon the schools of more, perltaps, than one-third of the entire school popula tion. This would give, to pay for the instruction of each child actually attending, about $2.2.*. It is needless to say that this amount is, in itself, entirely inadequate. Tho e\]>erience, however, of other States, Iwith in thi?% country and Europe, has demonstrated that it is much the best to uso State funds simply as an aid, leaving tlio main burden of furnishing tho necessary monetary supplies to local communities. Tho emu lation thus excited between different communities, tho indi vidual interest which is awakened by bringing the entire imp utation to feel that it is their work, and the increased watch fulness over the expenditure of the funds thus engendered, have all co-operated, where this policy has been adopted, in bringing the system of public instruction to a high degree of perfection. Nothing is clearer to my mind than that it is the height of wisdom to leave tho providing of tfco means of edu cation, as well as the management of the details of adminis tration, as far as tho same can bo done, to the different county authorities. In order to have a system at all, however, we must have a State fund to bo used in aid of the counties; we must have supervision and certain general provisions of law applicable to all the counties alike. Deeply impressed with
e ws, 1 very much regretted the loss of the thirty-second section of "A bill to be entitled an act to perfect the public

Report of Stale School Commissioner.

13

school system and to supercede existing school laws,'* intro duced into tho last General Assembly. That section was in the following words:

"And he it further enacted^ That the County Board of Education of any county shall have the power to authorize the levy of taxes upon tlio taxable property of the county for educational purposes; and whenever they are satisfied, either from having submitted the question to the popular vote, or from any oilier reliable means of information, that the people of tho county desire a tax to be levied to support primary schools, it shall be their duty to instruct the Ordinal1}', or County School Commissioner, to add such a per centum to the taxes on tho property of the county, as they appear upon the books of the Receiver of Tax Returns, as shall be necessary to keep up tho schools for four months of the year, or longer, as may be desired; and when they are satisfied that the pople ot a sub-district desire a tax to bo levied upon the taxable prop erty of the sub-district, to build school houses, purchase sites, school furniture and school requisites, or to establish and main tain a system of graded schools in the sub-district, it shall be their duty to authorize tho same officials, as before mentioned, to levy, in tho same manner, the required tax upon tho taxa ble property of tho sub-district: Provided* That any tax payer may work out tho amount of the tax levied upon his prop erty for building houses, by consent of tho board, and at such rates of compensation for his labor, and under such super vision as they may prescribe; but no tax shall be levied upon tho taxable property of the county at largo to build houses, purchase sites and school requisites, or to establish and main tain any school or system of schools of a higher grade than
the primary school."

There can bo no doubt of the constitutional power of the General Assembly to confer the right of local taxation pro posed in tliis section. While tho Constitution clearly estab lishes the public school ]>olicy as the school policy of the State, it does not make it obligatory uj>on tho General Assem bly to provide for tho support of the system by general taxa tion upon the property of tho State. Paragraph 3, article C, of tho Constitution, after providing for a State School Fund, goes on to say: ``And if the provision herein made shall at any time prove insufficient, the General Assembly shall have

14

Report qf Stale School Commissioner.

the power to levy such general tax upon tho property of tho State an may be necessary for the support of said school sys tem." This language is not mandatory, but simply gives a power which may or may not bo exercised. Paragraph 1, of tho .same article, says that the General Assembly "shall provide a thorough system of general education, to be forever free to all children of the State, the expense of which shall bo provided for by taxation or otherwise/' Article 1, paragraph 28, pro vides that "tho General Assembly may grant the power of taxation to the county authorities and municipal corporations, to be exorcised within their several territorial limits." The Constitution, then, so far from making it the duty of tho Gen eral Assembly to provide for the support of schools by a gen eral tax upon tho taxable property of tho State, expressly soys that this may bo done "by taxation or otherwise"--that is, if there is any other way than that of taxation by which the end can bo accomplished, the General Assembly is free to adopt it. Nay, more, by giving the General Assembly author ity to grant "the power of taxation"--without any limiting word prefixed--"to tho county authorities," it leaves them to provide tho means, if they s*o lit to do so. in this way. Indeed, it would have been most unfortunate if tho Constitu tion had shut up tlio General Assembly to the one mode of general taxation for supporting schools. It would have been very difficult to reconcile tin* people in tlio wealthier counties of tho State to heavy taxation for the support of schools in remote counties, with little wealth and a large population.
I regretted the loss of the section under consideration, not only on account of the failure thereby to <>stablish the local policy, which I believe to bo the true policy, but because it left the act as passed very inefficient. County Boards are em powered in the act to purchase sites, build school booses and procure school furniture, but, by the failure of this section, they are left utterly without means of accomplishing these ends. They may also, under the act, establish graded schools, but are left entirely without the resources necessary. By examining the act, it will Ih* seen that schools of no higher a grade than the primary--that is, schools in which are taught Spelling, Reading, Writing, English Grammar, Geography and Arithmetic--were to be established throughout the county at large. These were to be supported by taxation, or otherwise. Where the people of a county chose to levy no local tax, this

Report of SlaU School Commissioner.

15

clans of schools was to bo kept up under section twentyeighth of tho act, the operation of which is thus explained in a circular, issued from this office tho `2d of October last: "Sec tion twenty-eight was intended for the Iwnolit of such counties as prefer not to levy a local tax. That section provides that whenever a County Board has made arrangements, by taxa tion or otherwise, to keep the schools open, frt? to all chil dren of school ago, for three months of the year, tlio county shall bo entitled to draw her pro rata part of the State School Fund. All tho counties which prefer not to levy a local tax can have primary schools under this section. The County Board will bo notified by tho 15th of January of each year of tho approximate amount of the Stato School Fund to l>e sent to the county for distribution. They can convene tho teachers and make contracts with them at a stipulated amount per month, and inform each what distributive portion of tho Stato School Fund will fall to his share. The teachers can retire to their respective fields of labor, and raise, by subscription, from those able to pay, a supplemental sum sufficient to make up the compensation agreed upon, and report to the board that they are ready to open their schools to all children of school age. Tho board can then report to the Stato School Commissioner that arrangements have been made for sup porting free schools for three months, and this report will entitle tho county to its proportionate part of the State fund, to bo distributed by tho 1st of July following." By the levy ing of a local tax, these primary schools can be made much more effective. Whether tho tax is levied or not, they are tho only schools that can bo established, as has been stated, throughout the entire county. The lost section gave tho power and provided the means of establishing schools of a higher grade in any sub-district where the people might de sire to have them established. This provision was intended for tho benefit of tho villages, the larger towns and tho wealthier rural sub districts. Some towns in the Stato were awaiting the passage of the a ction with the intention of estab lishing a system of graded schools. Many communities would, no doubt, have availed themselves of its benefits.
One strong objection to tho passage of the section, as it stands, was that it put the property of a county in the power of those who own no property, by referring the question of tax or no tax to the popular vote. This objection, it must bo

1C

Report of State School Commissioner.

admitted, has force in it. It may, however, l>o entirely removed by a slight modification of the section. It will be remembered that the County Board of Education is chosen by tho grand jury, is removable on address of two-thirds of that body and is required by law to bo composed of freeholders. These facts are, in themselves, no small safe-guard against onerous exac tions in tho way of tax, and would, I think, form a com plete protection, if the section was so changed as to require the board, in every case when submitting a tax to le voted upon, to fix themselves the amount of the tax. Unless I have lieen misled, certain counties in tho State very much desire this power of local taxation; and, as it is very hard for me to un derstand in what way the bestowing of it can injure those counties which are notdiHj>os<*d to exercise it, I am led to hope that the representatives of tho people from all sections will harmonize, and give us the supplemental legislation wo are asking, either in the form pro]K>sed, oy in some oilier which shall lie freer from objections and better adapted to accomplish
tho end proposed.
I desire also to call attention to a few minor changes which I think ought to be made in the general school law passed by tho last General Assembly. Section eight makes it the duty of the State School Commissioner "to apportion equitably the Shite school revenue to tho different counties of tho State, upon the basis of the aggregate of youths between six and eighteen years of age, and all Confederate soldiers under thirty years of age, in each county." There is no place in the law which makes the schools free to Confederate soldiers. Requir ing the apportionment of the funds upon a basis of which they constitute a part, certainly does not, in itself, do so; and as this must have been tho intention of the legislators, I think it would lx? well to put that intention in unmistakable form. As the number of Confederate soldiers who would avail them selves of the benefits of the schools is very small, it would be best to leave that element entirely out of tlio basis of appor tionment.
Section fifteen relates to the duties and compensation of county boards, and enacts that "tho only compensation said county board shall receive for their services is exemption from road, jury and militia duty; but said board may, in case of a
vacancy in the office of secretary, hold a called meeting for tho purpose of filling said vacancy, and at such called meet-

Report of State. School Commissioner,

17

ingn each member shall be entitled to the hame comp*njvation as at the regular meetings.*, I have always been and still am of the opinion that it would 1m? better to allow the mem bers of the county board a small ]>or diem compensation for their services at regular meetings, and limit tho number of such meetings that may bo held. If the General Assembly should think differently, it would still l>e well to change the fifteenth section so as simply to give the general power of hold ing called meetings, and strike out altogether the unseemly clause with which the section closes.
Section twenty-three fixes, as the maximum coriii>enKition of county commissioners, three dollars per day for all days actually spent in the discharge of official duties. I still ad here to the opinion expressed in my last report, that this compensation ought to be not less than three nor more than live dollars ]s*r day, to be determined by the county board, and that said board bo authorized to allow a greater per diem whenever, in their judgment, it is required by the public inter ests- the excess to bo paid, in every such case, out of the local fund raised in tho county. It is a well-known fact, that what would lo excessive compensation in some counties would be altogether insufficient in others: and it seems to me that the county boards might bo safely trusted with the disposition of a fund in which the people of their own counties an* alone interested.
The last General Assembly passed "an act to provide for organizing a public school system for certain counties therein named, and for other purposes." Forty-live counties wen* placed under tho operation of this law. Section 1 of this act requires tho county boards of education to be "constituted, organized and compensated as provided for in sections sixteen, seventeen and eighteen of tho school law of this State, j>ass**d October 13,1S70, and January 19, 1872." The two acts refer red to differ widely as to tho constituents of the county hoards, but agree as to their organization and compensation. Under the first, tho county board is to consist "of one person from each militia district, and one person from each ward of any city in tho county, and ono from each incorporated town, who shall be elected by tho legal voters of said district, ward or incorporated town." Under tho second, the board is to be composed of five fiveholders chosen by the grand jury.
Further, on referring to tho two acts, it was found that

18

Jtrport of Stair School CwnviissLoner.

sections sixteen and seventeen of tho first relate to tho constit uents and organization of the board, while section eighteen does not touch upon either the constituent parts, tho organi zation or the compensation of the board, and tho sumo sections of tlio second are silent upon all three ol tho subjects. Sec tions sixteen, seventeen and eighteen of tho edition of ``the school law of October 13th, 1870, as amended by tho law of January 19th, 1872," published by tho State School Commis sioner for the use of the school officers, do treat of all three of the subjects. I have held, therefore, tliat this edition of the law must have been referred to, and that it alone shows what is tho law upon these subjects.
This difficulty being thus disposed of, in the way that seemed most reasonable, another presented itself. There was no provision in tho law validating tho boards already chosen by the grand juries and commissioned and qualified in some of the counties embraced under tho operation of the act, and the words, "shall be constituted, organized and compensated," seemed to carry with them only a future force and effect, Tho holding in this case was, that, as the boards already commis sioned had been "constituted and organized" in the way which the law required, it seemed entirely useless to go over the very same steps to bring into existence new boards, and that it could not have been tho intention of tho law-makers that this should lx* done.
Another difficulty of construction presented itself in con nection with the office of county school commissioner. This office is recognized only in two places in the law. The word "organized,** in the first section, implies its existence, as also the provision that school funds shall Ih* paid out "by order of the boards of education, countersigned by the county com missioners,** in the second. Although the existence of the office is here plainly recognized, no duties are assigned to tho incumbent, and this whole subject is left solely to inference. The conclusion reached was, that, as the general school law, passed four days before, provided for a county commissioner and clearly set forth his duties, it must have been the inten tion that all the parts of the general law relating to this officer, which were not inconsistent with the provisions of the special hixv, were of force in the counties placed under the o]H*mtion of the latter law.
Section four of the sjxjcial law requires county boards of education "to recognize such private schools as now arc or

Report qf State ScJoool Commissioner.

19

may licreaftor Ik* established as public schools, so far as to authorize the teachers of said schools to receive pay for the tuition of children of school age in tho branches hereinafter specified: Provided^ Said teachers have the qualifications and discharge the duties required of teachers of the public schools of said counties." If I understand these words, tho intention in the use of them was to give the power of employing the public school fund as a poor school fund. Private teachers, who make their own contracts with their patrons, would hardly expect compensation for teaching the children of those able to pay. out of the public school fund. Some evidence that my understanding of the words is what was intended, is furnished in the fact that in at least one of the counties, under the special law, there beerns to be a disposition to put that construction upon them. If this was the intention, it cannot be constitu tionally carried out in respect to the funds mined from the sources of revenue pointed out in the Constitution. Theee funds are, by the Constitution, "set apart and devoted to the support of common schools.*' There is no constitutional barrier to this use of any funds raised from other sources.
The general and special school laws also require the dis tribution of the State School Fund to be made at different times; the former by the first of July, and the latter by the firs tday of February. It is unfortunate for the counties placed under the special law that, for the year 18711 at least, the amount received by them will l>e thereby considerably dimin ished. The amount for distribution on the first of February will be less by at least five months' half rental of the Western & Atlantic Railroad, or $02,500. In addition, there is also a practical difficulty in the way of making the distribution at that time, as the enumeration return of the school population of the counties under the special law is not required to be made earlier than the first day of November.
Notwithstanding the special law has some valuable pro visions. among which may be named the power of local taxa tion, which it confers, and the leaving the management of the school interests, to a large extent, to the control of the local authorities; yet, in view of tho serious defects, which we have been discussing, and of the obvious impolicy and incon venience of having one law for a certain number of counties and a different one for tin* remaining counties, and of the further fact, that all the valuable ends, which tin* special law

20

Report of Slate School Commissioner.

proposes, may he better accomplished under the general law, I respectfully submit, as a question for consideration, whether t)ie true interests of tho State would not be promoted by its repeal.
It is not to be disguised tliat the effort, thus far, to ostab* lish a public school system for the State has resulted in com parative failure. It is well known, however, to all who have sought to inform themselves, that the causes of failure are not to Ih* traced to anything inherent in tho system itself, but to maladministration. With the State School Fund secured, as it now is by the wise legislation on that subject adopted by the last General Assembly, and with this fund promptly dis tributed and wisely used, we may hope to see a good work begun this year, which shall recommend itself by its fruits. We must not, however, be too sanguine of immediate results, even with the changes in the law herein recommended, and any others which the wisdom of the General Assembly may suggest. Time will lie required in order for us to witness the l>est fruits. A great system of the kind we are proposing to establish must be a growth. There must lx* in it adaptation to the wants and condition of the people. As evils, from time to time, discover themselves, under the practical workings of tile system, the proper legislative remedies must lx* applied. The problem before us of providing for the educational wants of the youth of the State is a grand one, but wo must uot be appalled by its magnitude. The old policy of providing for these wants in tho case of tho indigent alone, by means of a poor school system, was wisely abandoned by the framers of the pnsent Constitution, whatever may be thought of their work in some other respects. That system was found totally inadequate to meet tho wants of the class for whose benefit it was intended under the state of things then existing. With that class increased, perhaps Jifty-fold, by the emancipation of the colored population, and other causes, its inadequacy and inefficiency would be increased in the same ratio. That the State has the highest interest, social, moral and economi cal, in the education of the youth within her limits, and that this end can be accomplished more universally and thoroughly, and at a less expense, under the public school system than under any other, an? propositions which are susceptible of absolute demonstration. To enter upon their discussion would consume too much time in a report of this kind. To thoso

Jtrport of SlaU School Commissioner.

21

who entertain a ditlrrent opinion, I would simply say, in con clusion, that, in my judgment, it is true statesmanship to give tho system a fair trial, inasmuch as it is established as tho school policy of tho State by the Constitution, and any attempt to alter that instrument, in this respect, could result, in the present changed state of society, only in failure.

Gdstavvs j. Our, Stale School Commissioner.

22

Report of Stale School Commissioner,

A.P PENDIX.
EstivviU of the apportionment of $100,000 School Fun*!.

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On page23, fourth liiu* from liotton), rwid '$.272r>3,` for

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On 23, Ki.\t*-mli lin* from bottom. r*:ut

for

"8,mM

Report (tf Slate School Commissioner.

28

Office of State School Commissioned, Atlanta, Ga., December 21,1872.

To his Excellency James M. Smith :

Deak Si k : Section third of 4* An act to provide for the pay ment of the debt due teachers and school oilicers who did ser vice under tho public school law in the year 1871,** approved August 19,1872, makes it the duty of the State School Commismissioncr to apportion the funds raided und*r the said act among the several counties upon the basis of the number of children in each of school age, as determined by the school law of October 18, 1870, and to submit the estimate thus made to the Governor. I take pleasure in laying before your Excel lency the foregoing estimate for the distribution of $100,000 now in hand, the same being a portion of the tax recently levied and collected under the statute.
In order to make the apportionment, it was first necessary to find tho whole number of children of school age in the State. For the counties which had made no returns, an estimate was made in the following manner: the entire population of one hundred and twelve counties, as contained in the census return of 1870, was taken. The number of children between the ages of six and twenty-one years, in the same counties, was also obtained from returns in this office. The former number was u03,202, and the latter 717. On dividing the former by tho latter, tho quotient obtained was 8.259, thus showing that for every 3,239 persons, in the one hundred and twelve counties, then' was one person of school age. The number representing tho whole population in each of the delinquent counties :m taken from the census return already mentioned, was then diridod by the foregoing ratio of 3.259, which gave the school population for that county. The estimated school population of the delinquent counties being added to the actual popula tion of the same kind, as contained in official returns, gave 86C,3b8 as tho entire number of children of school age in the State.
The next step, in reaching the *stimate for the counties, was to divide $100,000, the sum to be distributed, by 360,888, tho entire school population, giving $27,293 as tho amount to which each child is entitled--which, being multiplied by the respective numbers representing tin* children of school age, gave the distributive portions of the different counties. The

a ^'

v

Jleport of Stale School Commissioner.
results obtained aro as accurate as they could possibly have been made from the data that was accessible.
You will observe that there has been no enumeration return and no report of tho school debt from tho following counties, to-wit: Appling, Bryan, Coffee, Marion, Mitchell and Mus cogee. Under section fourth of tho law, there can bo no dis tribution to thes* counties; but the amount due to each must %* remain in the treasury to tin* credit of the county to be drawn upon and used for the benefit of the people of tho county under the public school law." Nor can there bo any distribution to Bulloch, from which there has been a report of the debt, but no enumeration return.
The following counties have made no report of the amount of school debt, to-wit; Bibb, Brooks, Camden, Charlton, Chatham, Decatur, Heard, J>*e, McDuffie, Polk, Pulaski, Stewart, Snmter, Taliaferro, Wayne and Wilkinson. To these counties no distribution can bo made until tho amount of tho debt in each is reported --inasmuch as the fund was raised to pay the school debt -and wo must proceed upon the hypothesis that then* is no debt until the existence of one is officially reported. The county of Chatham must Ih? excepted from the operation of the above rule, inasmuch as that county, from having been placed under a s]ecia! law, has l>een carrying on schools by means of local taxation, and has run up no debt against the State.
In the counties of Baker, Cobb, Dooly, Dougherty, Early, Jones Liberty. Meriwether, Miller. Oglethorpe, Putnam and Worth, the school debt reported is loss than the prorata; and hence th**s* counties draw from the treasury only tho amount of tho debt, while tho residue is to 4t remain in the treasury to tho credit of tho county for future school work."
All of which is respectfully submitted.
GrsTAVus J. Oku, Slate School Commissioner.