Prior to the opening of this quasi public school, Mr. Marston, a Mormon, opened a private school, April, 1847, and soon had 20 pupils in attendance. Schoolmaster Marston also became a miner when the stampede for the "diggings" took place.

In April, 1849, Rev. Albert Williams opened a private school of about 25 pupils, and continued it until the September fɔllowing.

On the 11th of October, 1849, John C. Pelton and wife arrived from Boston, with school furniture, books, etc., for the purpose of establishing a school on the New England plan. He opened school December, 1849, with three pupils. This school was to be supported by voluntary contributions, but was free to indigent children. This school was made a free public school soon after.

The school so established soon numbered 150 pupils, and in addition to Mr. Pelton and his wife, two assistants had to be employed. At one time the school numbered 300 pupils. The salary of Mr. and Mrs. Pelton was $500 a month.

This school was continued until September 25, 1851, when it was suspended by the adoption of a new school ordinance, under which T. J. Nevins became Superintendent, new teachers were elected, and Mr. Pelton temporarily retired from school.

5. SCHOOL LEGISLATION, 1850-1851.

The Chairman of the Senate Committee on Education, Mr Heydenfelt, early in the second session of the Legislature, at San Jose, 1850-51, reported a bill "Concerning common schools," which dragged slowly along, was indefinitely postponed in the Assembly, submitted to a Committee of Conference, and finally passed on the very last day of the session, May 1, 1851.

The original bill was mainly drawn by Hon. George B. Tingley, a member of the Legislature. John G. Marvin, Superintendent of Public Instruction, and John C. Pelton, teacher of the public school in San Francisco, under a local school ordinance, assisted in preparing and perfecting the bill, and in securing its passage. XDavid C. Broderick, then a member of the Legislature, was an active supporter of the bill.

THE FIRST SCHOOL LAW.

The school law of 1851 was cumbersome and imperfect in many of its provisions. It provided for the survey and sale of school

lands in so impracticable a manner that no lands were ever sold under its operation. The Governor was to order a survey; the surveyor was to lay off the land in lots not exceeding eighty acres, nor less than forty, and to furnish the State Superintendent with a schedule of the same; the lands were to be sold at auction, on an order from the Court of Sessions-the purchaser to pay one third down, and ten per cent. per annum interest on the remainder; the County Treasurer to give a certificate of payment, and report to the State Superintendent; the State Superintendent to direct the District Attorney to make out a deed; the County Recorder to report annually to the State Superintendent.

It provided for the apportionment of the interest of the State School Fund to the counties, on the basis of the number of children between seven and eighteen years of age; but the County Treasurers were to apportion to districts according to the number actually attending school; no district was to receive its share of State money unless school was maintained three months, and unless it raised a sum equal to at least one half its share of the State Fund. (It defined the duties of the Superintendent of Public Instruction; provided for a "Superintending School Committee" of three, elected annually, with power to examine and appoint teachers, disburse the School Fund, build schoolhouses, and report annually to the State Superintendent. It divided schools into primary, intermediate and grammar, specifying the studies in each, and provided for the establishment of high schools.)

DIVISION OF THE SCHOOL MONEYS.

It also provided for the distribution of the School Fund among religious and sectarian schools, in the following sections:

SEC. 10. If a school be formed by the enterprise of a religious society, in which all the educational branches of the district schools shall be taught, and which, from its private and public examination, the committee will it to be well conducted, such school shall be allowed a compensation from the Public School Fund in proportion to the number of its pupils, in the same manner as provided for district schools by this act.

"SEC. 11. Schools established under charitable auspices, orphan asylums, schools for blind, almshouse schools, etc., such as shall be subject to the general supervision of laws on education, but under the immediate management of their respective trustees, managers, or directors; and said schools shall participate in the apportionment of the school moneys in the same manner as other common schools."

6. SCHOOLS IN SAN FRANCISCO, 1851-52.

The first school ordinance passed under the State of 1851 was that of San Francisco, adopted in Septem which made provision for a City Board of Education, of seven members, and for a City Superintendent, a priated $35,000 for the support of schools. Thomas who mainly prepared the ordinance, was elected Supe of Schools, and proceeded to organize the departm first schools organized under this ordinance were t Valley School, of which Mr. James Denman was electe teacher, and the Powell Street School, of which Mr. J was appointed teacher.

Both schools opened on the 17th of December, 1851 The Washington Grammar School opened Decembe F. E. Jones, Principal.

During 1852 the following new schools were organi con School, January 28, Silas Weston, Principal; Spri Grammar, February 9, Asa W. Cole, Principal; Uni mar, June, Ahira Holmes, Principal; Mission Gramm Alfred Rix, Principal.

The average daily attendance in all the schools for 445; in 1853, 703 pupils.

Among the teachers elected in 1853 were Ellis H. Principal of the Washington School, March 1; Joh Principal Rincon School, December 4; Joseph C. Principal Spring Valley School, October 1.

The salary of Principals of Grammar Schools in $1500 a year.

7. FIRST STATE SCHOOL REPORT, 1851.

John G. Marvin, the first Superintendent of Public tion, made his first annual report to the third Legislatu 5th of January, 1852. He recommended that a caref pared school law should be passed, as that of the previ was meagre in its provisions; that an appropriation of should be immediately made, and that next year a Sta tax of five cents on a hundred dollars should be levi some revenue could be derived from the State School Fu the office of County Superintendent be created; that

be made for school libraries; and that the proceeds of the sales of tule lands be applied to the School Fund. He estimated the total amount of State school land, including the 16th and 36th sections, and the 500,000 acre grant, to be 6,380,320 acres, which would yield a prospective School Fund of $7,975,400, and says of this estimate: "This would be truly a magnificent bequest, and one worthy of the El Dorado State."

In an appendix to his report, Mr. Marvin gave extracts from letters of inquiry addressed by him to various county officers and to postmasters. A few extracts from these will show the educational condition of the State at that time: Butte County had 50 children, but no school; Calaveras County, 100 children, and no school; Colusa, 75 children, with some prospect of a school next year; El Dorado County, 100 children, but no school; Contra Costa County had some 400 children. Postmaster Coffin, of Martinez, wrote: "There are nearly 150 here. There is but just the breath of life existing in the apology for a school in the town. I presume it will be defunct ere one month passes away." Marin County had 60 children, and a mission school at San Rafael; Mariposa County, 100 children, "no school organized;" Mendocino County, 70 children, and a school of 20 pupils on Russian River; Monterey County, 500 children -two schools of 40 pupils each in the city-179 at San Juan, and no school; "morality and society in a desperate condition;" Napa County had 100 children, and three schools in the county, one of which was at Napa City, and numbered 25 scholars; Nevada County had 250, and four schools, two of which were at Nevada City, one at Grass Valley, and one at Rough and Ready; Placer County had 100 children, and one small school at Auburn; San Joaquin County had 250 children, and two schools, both at Stockton. Mr. Rogers, the teacher of a private school at Sacramento, reported that there were 400 children in that county, and no schools except two primary and one academy, a high school in the city of Sacramento, all private. He says: "This city has never spent a cent for elementary instruction. My sympathies are with the public free schools, but in their absence, I started a private school."

Santa Cruz County had 200 children, and two schools, both in the town, numbering 65 scholars.

Santa Clara County had 300 children. The Young Ladies' Seminary, at San Jose, in charge of the Sisters of Charity, had

90 pupils; and the San Jose Academy, Reverend E. Bannister, Principal, had 60 pupils. Through the exertions of Hon. George B. Tingley, a subscription of $5000 was raised for the benefit of this academy. There were two primary schools at Santa Clara, with 64 scholars, and two other schools in the township, numbering 35 scholars.

Santa Barbara County had 400 children, and one public school in the town, under supervision of the Common Council, who paid the two teachers together seventy dollars per month. There was also a small school at Santa Inez.

SAN FRANCISCO SCHOOLS.

Concerning San Francisco, it is reported: "In May last, the Common Council, under authority of the charter, authorized the raising of $35,000 as a School Fund for the present year. In September, 1851, the same body passed the present excellent school ordinance, and appointed Aldermen Ross, Atwell, John Wilson and Henry E. Lincoln, to form the Board of Education. These gentlemen chose T. J. Nevins Superintendent." Three public schools were organized at that time-Happy Valley School, No. 1, 163 scholars, James Denman, Principal; District No. 2, Dupont Street School, 150 pupils, Mr. Jones, Principal; Powell Street School, No. 3, 60 pupils, Joel Tracy, Principal.

Among the private schools, the principal were as follows: San Francisco Academy, Rev. F. E. Prevaux, 31 pupils; Episcopal Parish School of Grace Church, 40 scholars, Dr. Ver Mehr; Wesleyan Chapel Select School, 33 scholars, Mr. Osborne, Instructor; St. Patrick's School, 150 children, Father McGinnis, Principal; Church of St. Francis School, 150 pupils, Father Langlois, Principal.

Sonoma County had 5 small schools, and 250 children; Solano County 200 children and one school, at Benicia, half public and、 half private; Trinity County 125 children, and one school of 50 pupils, at Uniontown; Tuolumne County 150 children, and no school; Yolo County 75 children, and no school; Yuba County had 150 children, and one school in Marysville, of 30 scholars, taught by Tyler Thatcher and his wife.

From these rough materials Mr. Marvin estimated the number of children in the State between 4 and 18 years of age to/ be about 6000. There was then no organized State school sys