PART FIFTH.

EDUCATION IN ALABAMA.

THE FREE PUBLIC SCHOOL SYSTEM OF ALABAMA.

By the act of March 2, 1819, for the admission of the State of Alabama into the Union, Congress granted the section of public land numbered sixteen in every township in the State (and when that section had been sold or disposed of, other lands equivalent thereto and most contiguous) to the inhabitants of such township for the use of schools therein, and, in return for this grant, the State released to the United States all title to the other public lands within the State.

March 2, 1827, Congress authorized the State to sell these lands and invest the proceeds in some productive fund, the revenue from which was to be forever applied to the use of schools; but providing that each township should have the full benefit of its particular section, and that the proceeds of any given sixteenth section should be credited to the township embracing such section, and the revenue arising therefrom applied to the support of schools in that township exclusively.

Under this authority, the lands, or the larger portion of them, were sold, and the proceeds became, in the hands of the State, the nucleus of its present school fund.

July 4, 1836, Congress made another grant of lands to Alabama for the use of schools, equal to the thirty-sixth part of the lands within the State, ceded to the United States by the Chickasaw Indians. By an act passed September 4, 1841,

Congress donated to the State 500,000 acres of land for internal improvements. Subsequently, by act of August 11, 1848, the State was authorized to apply these lands to the use of schools in those townships in which the sixteenth sections, granted by the act of March 2, 1819, were comparatively valueless.

In 1936 there was a surplus of revenue in the United States treasury, over and above what was necessary to meet the wants of the federal government, and Congress, by act passed June 23, 1836, declared that such surplus, in excess of $5,000,000, should be apportioned among the different States, according to their representation in Congress, to be held until called for by the United States. The amount received by Alabama under this act, and which was, by the Legislature, appropriated as a part of the school fund, was $669,086.80.

It has always been the policy of Alabama to foster education and promote learning among the masses, and the earliest constitution of the State-that adopted in 1819 - declared that schools and the means of education should forever be encouraged in this State. The first legislative enactment establishing a system of free public schools in Alabama was passed February 17, 1854. This act was supplemented by a very important act, passed February 18, 1856. Prior to 1854 there was no such system, and the revenue accruing from the school fund was used to pay teachers of private schools, for the education of those entitled to the benefit of such revenue.

The present Constitution of the State requires the General Assembly to establish and maintain a system of public schools for all the children of the State between the ages of seven and twenty-one years; but there must be separate schools for white and colored children. It prescribes, also, in general terms, from what and how these schools are to be supported; declares that no money raised for the support of the public schools of the State shall be appropriated to or used for the support of any sectarian or denominational school.*

To give effect to these constitutional provisions and to afford the means of education to the children of the State, the general assembly has established a system of free public schools within the State, of which the following is a summary:

See Constitution, Art. XIII, ante.

Appropriations for Public Schools.-For the maintenance of the system of public schools throughout the State, the following sums of money for each scholastic year have been appropriated by the Legislature:

1. The annual interest, at six per cent., on all sums of money which have heretofore been, or which may hereafter be, received by the State as the proceeds of sales of lands granted or entrusted by the United States to the State, or to the several townships thereof, for school purposes, amounting in 1891 to the sum of $117,921.75.

2. The annual interest, at four per cent., on that part of the surplus revenue of the United States deposited with the State under the act of Congress approved June 23, 1836, amounting annually to the sum of $26,763.47.

3. All the annual rents, incomes and profits, or interests arising from the proceeds of sales of all such lands as may hereafter be given by the United States, or by this State, or individuals for the support of the public schools of the State.

4. All such sums as may accrue to the State as escheats. 5. The further annual sum of $350,000 out of the treasury of the State.

6. The net amount of poll tax collected in the State, amounting in 1891 to the sum of $155,073.47.*

7. All rents, incomes and profits received into the State treasury during the scholastic year from all lands heretofore donated by Congress for the support of public schools, and remaining unsold, to be applied to the support of public schools during the scholastic year next succeeding their receipt into the treasury.

8. All licenses which are by law required to be paid into the school fund of any county.

In addition to the foregoing sums, a considerable amount of money is collected annually for school purposes by local taxation, and which is applied exclusively in aid of the schools in the counties or districts in which it is collected.

Apportionment of School Revenue.-Annually, on October 1st, or as soon thereafter as practicable, the State Auditor certifies to the State Superintendent of Education the amount

* Including poй tax collected in Mobile county. For the nature of poll tax, see page 111, ante.

of money which has been placed by him to the credit of the educational fund, for the scholastic year commencing on that day.

On receiving this certificate, the Superintendent of Education sets apart an amount sufficient to pay such expenses of the department of education as are by law payable out of such fund, and the appropriations to the normal schools, apportions the balance of the fund to the various townships and school districts in the State, according to the entire number of children of school age therein, as shown by the latest official school enumeration, and certifies his apportionment to the State Auditor and the county superintendents of education, and the latter are paid the amounts due their respective counties on the Auditor's warrants on the tax collectors.*

On receiving the annual apportionment, the county superintendents notify the township trustees of the amounts apportioned to their respective townships, and the trustees apportion the fund to the schools in the township for the equal benefit of the school children thereof.

Each township or school district receives as school money, all the poll tax collected therein; such tax paid by white persons to be applied exclusively to the support of white schools, and that paid by colored persons, exclusively to the support of colored schools.

Local school funds, raised by taxation, are expended in the district where raised, as required by the law authorizing such taxation, and funds contributed by private parties for school purposes, are applied as indicated in the grant.

School Officers. For the efficient administration of the public schools, there are the following officers:

A State Superintendent of Education.

A county superintendent of education in each county. Three township trustees in each township or school district. The Superintendent of Education is elected by the qualified voters of the State, every two years, on the first

* In making the apportionment, the Superintendent of Education first sets apart to each township or other school district, the amount due it, as interest on its sixteeth section, or other trust fund held by the State; and all townships or districts having an income from such source, or from the lease or sale of sixteenth section lands, receive nothing out of the balance of the educational fund, until other townships or districts, having no trust fund, have received from the general fund such amount as will give them an equal per capita apportionment.

Monday in August; holds office for two years; gives bond in the sum of $15,000, and is paid $2,250 a year. He is required to keep his office in the Capitol building of the State, and is allowed a clerk at an annual salary of $1,500. A vacancy in his office is filled by the Governor.

He is the chief school officer of the State, and has general supervision of its educational interests, and is required to devote his time to the care and improvement of the public schools, and the promotion of public education in the State. All the other school officials are, directly or indirectly, subject to his control; and he may remove any of them for delinquency in office. He appoints the county superintendents of education, and supervises their official acts. He is charged with the legal apportionment of the educational revenue, and required to see to its proper disbursement.

The County Superintendents of Education are appointed, and may be removed, by the State Superintendent of Education; hold office for two years; give bond in a sum fixed by the State Superintendent of Education; receive, each, for their services seventy-five dollars a year and two per cent. upon the amount of school funds disbursed by them; keep their offices at the county site of their respective counties, where they must be present, for the transaction of business, on first Saturday of each month during the school year; receive, apportion and pay out, in accordance with law, all school moneys accruing to their respective counties; examine into. the condition of the county school funds; sue for tresspasses on, and for the recovery of, school lands; appoint the township superintendents of education and the township trustees, and may remove them; notify the township trustees of the annual apportionment of school moneys, and pay the teachers. Vacancies in the office of county superintendent of education are filled by the State Superintendent of Education.

Township Trustees.-In each township there are three township trustees, appointed by the county superintendent of education, and who are required to be free-holders and householders, resident in the township for which they are appointed. These trustees establish the schools in their townships and apportion to each school such an amount of the public school revenue apportioned to the township for the current scholastic