tem, and most of the schools mentioned in the preceding items were private schools supported by tuition.

8. SCHOOL LEGISLATION, 1852.

At the third session of the Legislature, held in Vallejo and Sacramento, 1852, Hon. Frank Soulé, Chairman of the Senate Committee on Education, made an able report in favor of common schools, and introduced a revised school law much more complete than the law of 1851.

Hon. Paul K. Hubbs, of the Senate, afterwards Superintendent of Public Instruction, State Superintendent Marvin and Mr. Pelton, assisted Mr. Soulé in framing the bill.

A select committee of the Assembly on the Senate bill (Mr. Boggs, Chairman) reported strongly against many features of the bill; thought that parents could take care of their own children; that the State and the counties were in debt; that taxation ought not to be increased-the standing argument of Mr. Corey—and therefore recommended that the bill be postponed one year, and yet had the unblushing impudence to wind up their report by "declaring themselves faithful friends of common schools and loyal lovers of children!" Finally a committee of conference was appointed, on which appear the names of J. M. Estell, Henry A. Crabb and A. C. Peachy, who reported in favor of the bill with the sections relating to the sale of school lands stricken out, to be amended and passed as a separate bill. It was proposed by Mr. Soulé and others who assisted in framing the bill, that the 500,000 acres of school lands should be located by the State Board of Education, and held until the land should sell for a reasonable price.

But there was a big land speculation in the eyes of some members of the Legislature; and so the policy prevailed of disposing of these lands at $2.25 per acre, payable in depreciated State script. The total amount finally realized from this magnificent land grant was only about $600,000. It might have been made two or three millions.

FIRST STATE SCHOOL TAX.

The bill was passed, and a provision was inserted in the revenue law levying a State school tax of five cents on each one hundred dollars of the taxable property of the State. This school law made provision for a State Board of Education, consisting of

the Governor, Surveyor-General and Superintendent of Public Instruction; made County Assessors ex-officio County Superintendents; three School Commissioners in each district, elected for one year; constables to be School Census Marshals; the school year to end October 31; State School Fund to be apportioned to districts according to the number of census children between five and eighteen years of age; State School Fund to be used exclusively for teachers' salaries, and fifty per cent. of County Fund for the same purpose; that no books of a denominational or sectarian character should be used in any common schools; defined the duties of County Superintendents, and of the State Superintendent and School Commissioners; authorized the Common Council in incorporated towns to raise a school tax not to exceed three cents on a hundred dollars; to provide for examination of teachers; to make rules and regulations for government of schools; authorized counties to levy a school tax not exceeding three cents on a hundred dollars; provided that no school should receive any apportionment of public money, unless free from all denominational and sectarian bias, control or influence whatever; and closed by giving permission to teachers to assemble at Sacramento, once a year, on the call of the Superintendent of Public Instruction, to discuss and recommend improvements in teaching. Approved May 3, 1862.

9. SECOND STATE SCHOOL REPORT, 1852.

In his second annual report, Mr. Marvin stated that the number of children between four and eighteen years of age was 17,821; that by a blunder of the Enrolling Clerk, the section creating the office of County Superintendent was omitted, and the duties were specified without creating the office, and in consequence thereof the State Board of Education had not been able to apportion the State Fund, which at that time amounted to $18,289, of which $14,874 was received from the five cent revenue tax; that the sales of school lands had amounted to 150,000 acres, yielding $300,000, on interest at the rate of seven per cent. per annum. He recommended that the County Assessors be made ex-officio County Superintendents; that Trustees be required to report to the State Superintendent as well as to County Superintendents; that the Catholic schools be allowed their pro rata of the public fund; that no necessity ex

isted for a normal school, as the supply of teachers was greater than the demand; that the number of organized public schools was 20, the number of children attending public school 3314, and the total expenditure as reported, $28,000.

The report embraced twelve mission and church schools in various parts of the State, including 579 children in attendance.

10. SCHOOL LEGISLATION, 1853.

SALE OF SCHOOL LANDS.

The law regulating the sale of 500,000 acres of school lands, passed May 3, 1852, authorized the Governor to issue land. warrants of not less than 160 acres, nor more than 320 acres; the State Treasurer was authorized to sell said lands at two dollars per acre, and to receive in payment Controller's warrants drawn upon the General Fund, or the bonds of the civil debt of the State; and to convert all moneys and all State three per cent. bonds or Controller's warrants so received by him into bonds of the civil funded debt of the State, bearing interest at seven per cent. per annum, and to keep such bonds as a special deposit, marked "School Fund," to the credit of said School Fund.

Under this provision the sales of land in 1852 amounted to 150,000 acres, yielding $300,000.

AMENDMENTS.

At the fourth session of the Legislature, 1853, the school law was amended by the following provisions: That Controller's warrants, received for school lands, should draw interest at seven per cent., the same rate as civil bonds; that the State Treasurer should keep a separate and distinct account of the Common School Fund, and of the interest and income thereof, and that no portion should be devoted to any other purpose; that County Assessors should be made ex-officio County Superintendents; that all county school officers should be paid such compensation as allowed by County Supervisors; that cities should have power to raise by tax whatever amount of money was necessary for school purposes; that counties should have power to levy a school tax not exceeding five cents on a hundred dollars; that religious and sectarian schools should receive a pro rata share of the School Fund.

The provision allowing the Catholic schools a share of the School Fund was as follows:

"SEC. 7. Article fire of said act (1852) is hereby amended by adding after section two the following additional sections:

"Section Three. The County Superintendent may and is hereby empowered, in incorporated cities, to appoint three School Commissioners for any common school or district, upon petition of the inhabitants thereof requesting the same.

"Section Four. Such schools shall be and are hereby entitled to all the rights and privileges of any other city or common school, in the pro rata division of school money raised by taxation, and shall receive its proportion of money from the State School Fund in the annual distribution; provided, they are conducted in accordance with the requirements of this act.

This provision gave rise to the formation of the so-called "ward schools" of San Francisco.

II. THIRD ANNUAL SCHOOL REPORT, 1853.

Paul K. Hubbs, who had been a member of the last previous Legislature, was elected as successor to John G. Marvin, and took office on the first of January, 1854. In his very brief annual report, January 24, 1854, he stated that the School Fund, from the sale of school lands, amounted to $463,000, on which the annual interest was $32,000; that the sale of school lands had entirely ceased, and that there remained unsold 268,000 acres of the 500,000 acre grant. He dwelt on the necessity of reserving all sales of the sixteenth and thirty-sixth sections for township funds exclusively. Mr. Hubbs further recommended. that the School Fund be apportioned according to the average attendance on school, instead of the number of census children, and urged the establishment of a State university.

No tabular statistics whatever were published with this report.

12. SCHOOL LEGISLATION, 1854.

In the fifth session of the Legislature, 1854, it was provided in the Revenue Act that fifteen per cent. of the State poll taxes should be paid into the School Fund. A well-prepared school law was introduced by Hon. D. R. Ashley, which, among other things, repealed the sections allowing sectarian schools a pro rata share of the School Fund. It met with strong opposition, finally passed to engrossment, but was buried in the rubbish of unfinished business at the end of the session.

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13. FOURTH ANNUAL SCHOOL REPORT, 1854.

Superintendent Hubbs opened his second report with the statement, that, though the average attendance on school had increased from 2000 in 1853 to 5751 in 1854, the report nevertheless exhibited the lamentable fact that the children of our State are growing up devoid of learning to read and write." He recommended the establishment of a State Industrial School; that School Commissioners be elected for three years, one annually; that the office of County Superintendent be abolished, as tending to unnecessary expense; that Township Treasurers be elected, to report to the State Superintendent; argued in favor of Township School Funds; stated that no income had ever been derived from "escheated estates," though it had been estimated that millions belonged of right to that fund; and urged a State university. A crude and confused tabular statement was attached to this report.

14. SCHOOL LEGISLATION, 1855.

During the sixth session of the Legislature, 1855, Hon. D. R. Ashley introduced a school bill which was in substance the same as that defeated at the last previous session. After some opposition, with a few amendments it became a law, approved May 3, 1855.

This revised law enlarged the powers of School Trustees; provided for the election of County Superintendents, and defined their duties; and empowered the Common Councils of incorporated cities to raise a school tax not exceeding twenty-five cents on a hundred dollars; to collect and disburse school moneys; to establish school districts; to provide by election or by appointment for City Boards of Education, and City Superintendents; to establish schools on petition of fifty heads of families, provided that no sectarian doctrines should be taught therein, and that such schools be under the same supervision as other schools.

SECULAR SCHOOLS.

It provided that no school should be entitled to any share of the public fund that had not been taught by teachers duly examined and approved by legal authority, and that no sectarian books should be used, and no sectarian doctrines should be