The re-introduction of the system of supervision evoked at first considerable complaint,' but the State Superintendents were satisfied that it produced good results, and it has continued as a permanent part of the New York school system. Acting State Superintendent Keyes, in his report for 1862, summarizes the benefits derived from the system in these words: "An officer of extended jurisdiction has a higher and wider range of influence. is more generally consulted upon questions of school policy and in matters of school controversy, and his opinions and advice have a consequence and weight that cannot attach to a local officer of limited jurisdiction." 2

After the establishment of the commissioner system of supervision, the next few years showed no new developments in the New York school system. But in the middle of the decade, 18601870, came a new period of activity, in which the scope of both local and central governmental action along educational lines was much increased. The general revision of the School Law in 1864 3 contains some additions to the powers of the State Superintendent over the schools, authorizing him to appoint unsalaried school visitors in the counties, and to remove school commissioners or other school officers for wilful violation or neglect of duty. The powers of the district commissioners were also increased by giving them authority to condemn unfit school buildings, and to direct trustees to make necessary repairs, in addition to their former powers of recommendation. The most important advance at this time was in the introduction of central control in the management of teachers' institutes. The Act of 1856 had authorized the district commissioners to organize such institutes in the various counties; and in 1861 they were held in 47 counties, with an attendance of 7,488 teachers. Under the law of 1864, the organization of such an institute in every county was required, a State appropriation was set aside for their support, and they were placed more directly under the jurisdiction of the State Superintendent by requiring the district commissioners to act in arranging these meetings under his advice and direction, and further by authorizing him to employ persons to conduct and teach at the institutes. These gatherings of the teachers for even a single week in each year gave opportunity for helpful comparisons of methods, and increased the interest and enthusiasm of those attending for their work. The extension of the State Superintendent's authority over this field was, therefore, an important advance in his control of the educational system, and enabled him to influence more directly than before the instruction given in the district schools.

1 Randall, op. cit., 338.

2 Ibid., 349.

3 Laws, 1864, c. 555.

In addition to the institutes intended for those actually engaged in teaching, a system of normal schools for training a body of teachers was also developed. The State Normal School at Albany was established in 1844;1 in 1866 the more important State officers were constituted a Commission to determine the location of other schools, and within four years eight additional normal schools had been established in different parts of the State. The administration of this normal school system was entirely centralized under the control of the State Superintendent. For each school there was provided a local board to direct and supervise the instruction; but these boards were appointed by the State Superintendent, and all their more important acts were subject to his approval.

Along with these developments of central control over school administration there went a rapid increase in the amount of State aid. In 1863, the State School Tax amounted to a little over $1,000,000; in 1868, it was $2,400,000. At the same time came the final step in the complete realization of the Free School Act of 1849; in 1867 an Act was passed by the Legislature abolishing all rate bills in the public schools, making them free to every scholar. The increased State activity in educational affairs was accompanied by a no less increase in local educational activity in the same period. This is shown clearly by the enormous increase of yearly local taxation for school purposes from $2,500,000 in 1863 to $7,000,000 in 1869; and it is worthy of note that this development is equally striking in both city and rural taxation.

The unusual progress shown during these few years both in administrative centralization and in the extension of school facilities and equipment was followed by a long period in which little further advance was made. For nearly twenty years there was no extension of the powers of the State authorities, and during these years the increase in both State and local expenditure for schools was at a rate which barely kept pace with the growth of population. In the last twelve years, however, there have been further rapid advances along both lines. From 1885 to 1896 the annual State school tax increased from $3,000,000 to $4,000,000; the total annual expenditure for school purposes rose from less than $12,000,000 to $25,000,000; and at the same time there has been a considerable development of central control over the school system.

Thus, in 1887, a uniform system of teachers' examinations under the direction of the State Department was substituted for the former method of independent commissioner examinations. In 1889, the supervision of teachers' training classes in high schools and academies was transferred from the Regents of the State 1 Laws of 1844, c. 311. 2 Ibid., 1866, c. 466.

University to the Superintendent of Public Instruction. The Compulsory Education Law of 1894 provided for a small force of inspectors attached to the State department to investigate the enforcement of the Law. These and other minor additions to the authority of the State Superintendent in the aggregate materially strengthen the central control over the school system. To review this brief sketch: we note that the development toward central control in the first half of the century was not without reactionary steps. The office of State Superintendent of Schools, created in 1812, was abolished in 1821, and the powers of that officer conferred on another official busied with other and unrelated duties. The county superintendent system of supervision, established in 1841, was abandoned after six years' experience. Nevertheless, even in this period, there were permanent measures in the direction of increasing the central authority, prominent among these being the appellate jurisdiction of the State Superintendent, conferred in 1822, and the provision for a Deputy Superintendent in 1841. Since the creation of a separate Department of Public Instruction in 1854, the movement has been uniformly but not always steadily in the direction of strengthening the authority of that department. The system of district commissioners, established in 1856, made possible a closer supervision of the local schools; in the legislation of 1864-1867 the State Superintendent's control was increased through the supervision of training teachers, and in other details; during the last ten years the entire system of examining teachers has been placed under his immediate direction, and the supervision of school attendance and other details of school management have come to a greater or less degree under his general oversight. The present stage of central control has been reached not by any sudden change of policy, but through a series of measures extending over a period of a hundred years.

This development of central control has moreover been closely connected with the increase of State grants. For although State aid does not seem to have been given for the purpose of establishing control, the State appropriations have rendered necessary State supervision, and, as these State grants have increased, the control over the local authorities has been made more complete and more effective.

To continue Dr. Fairlie's narrative up to the present, the following, from the article in Monroe's Cyclopedia of Education, Vol. IV, pp. 463–4, is added:

In 1894 a new state constitution was adopted. This made the first definite constitutional provision for a state school system; made the Regents a constitutional body; safeguarded the different funds; and prohibited aid to denominational schools. In the same year the "Consolidated School Act," the first consolidation and revision of the school laws since 1864, became a law. A new revision of the compulsory education act, which changed this into an effective law, and the creation of a Board of Examiners and the placing of full control of all teachers' examinations in the hands of the State Superintendent, were also enacted in 1894. In 1895 a law was passed requiring that all teachers employed in elementary schools, after 1897, must have taught three years, or be graduates of a three years' course in a high school or academy and have had a course of thirty-eight weeks in a teachers' training class. Teachers in city schools must have had a two years' training course. The Biennial School Census Act and the Horton Act were also passed in 1895. Under the Horton Act, the Regents were given an automatically increasing appropriation to enable them to aid properly the academies and high schools of the state. The result of this law was a marked increase in both the number of such schools and in the annual appropriations for them. In 1896 school districts were permitted to contract with other districts for the education of their children; city institutes and state summer institutes were established.

A

The year 1904 saw the final unification of the two educational departments of the state school system, and the ending of more than a quarter century of friction. . . The Unification Act of 1904, providing for a reduced Board of Regents, for membership for limited terms instead of for life, and for essentially the present form of state educational organization, took effect April 1, 1904, and since then the Regents and Commissioner have construed the law liberally, and in the interests of the schools of the state. state educational building, to house the departments, the state library, and the state museum, was provided for in 1906; trade schools were authorized, and the new school census law was passed in 1908; and the compulsory education law, as it related to cities. and school systems having a superintendent, was further revised. and strengthened in 1909. In 1909 the consolidated school law, as codified and consolidated by the State Board of Statutory Consolidation, was passed, and the further revision, recodification, and elimination of this, as made by the Education Department, was accepted by the legislature in 1910. In this the working ar

rangements of the Regents and Commissioner, as practiced since. 1904, were incorporated into law. The most important legislation since was the substitution in 1910 of appointed district superintendents of schools (beginning January 1, 1912) for the old popularlyelected school commissioners, in existence since 1856. About twice as many district superintendents as school commissioners were provided for, so as to reduce the size of the supervisory unit one half.

III. THE JURISDICTION OF THE STATE: JUDICIAL INTERPRETATIONS

The theory upon which the public school system of the American states has been built up contains two constituent elements; that of preserving an approximate equality of chance among individuals to secure the advantages and benefits created through the institutions comprising the school system; and that of distributing the burden of support of public education on the foundation of property rather than upon persons. The trend in the evolution of our state educational systems affords abundant evidence of the firm establishment of this social theory of education, a theory which in operation has resulted not only in a continual enlargement of the sphere of the state in education, but also in the development of a positive policy of state unification and authority. While the states have developed variant attitudes, the typical American policy is exhibited through the judicial interpretations brought together in this section.

1. State versus Local Authority

STATE ex rel. CLARK et al. v. HAWORTH, 23 N. E. 946

(Supreme Court of Indiana, March 13, 1890.)

This case involved the constitutionality of the act of March 2, 1889, constituting the State Board of Education commissioners to select textbooks equal to a given standard, and requiring them to advertise for bids for. furnishing the same, and to award the contract to the lowest bidder, the books to be sold to the pupils by the contractor, through the county superintendents