Should the number of astronomers here be largely increased more time could be spared from the strictly observational work.

At the same time it is unquestionably desirable that the members of the astronomical staff at the Lick Observatory should have some direct connection with the undergraduate students of the university. as I pointed out in 1887. The important point is to bring about this direct connection and at the same time not to interrupt the progress of work at Mount Hamilton. I understand that it is the opinion of [the] committee [of the regents] that this could be satisfactorily accomplished by arranging to have the astronomers of the observatory deliver lectures before the whole university at intervals throughout the academic year. If such lectures are given I think that attendance upon them should be optional on the part of the students. The number and dates of such lectures could be arranged by the president each year.

It appears that it is not advisable to require more than this from the astronomers of the Lick Observatory, because their number is not large and their time is fully occupied; and because their highest use to the university consists, and always will consist, in their work with the instruments of the observatory. The observatory is about to receive another great telescope, and our duties at Mount Hamilton will be materially increased on this account. By leaving the programme of astronomical lectures under the control of the president they can be arranged so as to fulfill all wants at Berkeley and at the same time not to interfere with the work at Mount Hamilton.

The principles formulated in what precedes appear to be of general validity. They are easy of application to any particular case. The section of this chapter which gives the courses of instruction at various American colleges will enable any competent teacher to select the particular courses of study to meet the special demands of his students. These courses are, it must be remembered, the result of long experience, and they have been arranged by teachers of the first rank, many of whom are investigators of distinction.

It is likely that a student intending to devote himself exclusively to astronomy will be able to spend at least three years in graduate work and to take his doctor's degree. It is obvious from an inspection of the foregoing programmes that such a student can find ample opportunities at any one of a number of American colleges, and that it is no longer necessary to go abroad to obtain the highest grade of instruction. On the other hand, each college possesses certain special and peculiar facilities, and each observatory works in a particular direction or line. It is much to the advantage of the student to become more or less familiar with different methods of work and with various instruments. It follows, therefore, that his three years of graduate work should be spent at more than one college when such a course is practicable. If he has passed his undergraduate years of study in one college it will often be desirable for him to select another for the first two years of his graduate course, and to spend the third year at still another, at home or abroad. The advice of his immediate instructors should, of course, always be sought before making a choice; and it should be remembered that it is the influence and guidance of accomplished astronomers and men that is to be sought rather than the mere facilities afforded by great establishments.

The pupils of a Bessel or of an Argelander lived in the midst of the highest intellectual activity and breathed their methods in, as it were, insensibly. The largest instrumental facilities will not make up for the lack of the spirit of research, which is the sole important matter.

CHAPTER XIX.

DIGEST OF LAWS RELATING TO TEXT-BOOKS, THEIR

SELECTION AND SUPPLY.1

[The digest of the public school laws of the States of the Union, Report of the Commissioner of Education for 1893-94, pp. 1063-1300, contained laws upon text-books to that time, but not separate from other laws.]

The attention devoted to text-books in the laws of the various States varies greatly. An implied control by local boards under their responsibility for the general welfare of the schools is all that appears in the laws of Alabama. In several States the authority of selection and the mode of supply occupy pages of law, and heavy penalties are pronounced for those who use books or methods of supply not duly appointed.

California publishes a series of text-books whose use is obligatory in primary and grammar schools.

The law in Indiana contemplated an optional course-to contract with publishers of existing books; to purchase and publish prepared manuscripts; to employ authors to prepare manuscripts and publish them. The first plan was followed.

A clause in the law of South Dakota, requiring a limiting statement in every contract, anticipates a time when the State will publish books and the contract for any book corresponding to a State publication is to become void.

The twenty-fifth legislature of Texas (1897) provided for a report to the twentysixth legislature upon the feasibility of State publication of common-school-textbooks.

A careful distinction is to be made in the uses of the word contract in the various laws. It is used in certain cases to mean an agreement to sell the books to individuals at specified rates when public authorities do not buy for general use. In certain other cases it is used for the mutual obligation assumed where public authorities purchase the books, of which purchase there are two groups of conditions: In one, public authorities buy to make sure of the supply to the patrons to whom the books are ultimately sold; in the other, the books remain public property and go into the hands of pupils for their free use.

The official title of the chief officers of the public schools in particular States varies in form, and for brevity the name State superintendent is sometimes used without regard to the variations in official words.

Many States require guaranties from publishers to furnish books of stated character at stipulated wholesale, retail, introduction, exchange prices-part or all-which may be indicated in a general way as publishers' guaranties.

The term temperance lessons, when herein used, is an abbreviation for "instruction in physiology and hygiene with special reference to the nature of alcoholic drinks and narcotics and their effect upon the human system," or a kindred expression.

By James H. Blodgett.

The mode of choice of the principal school officers is here indicated in parenthesis when it is plainly stated in the published school law.

In certain States the use of books is regularly furnished free to pupils. These, with the units bearing the expense, are: Delaware (district); District of Columbia (below high schools); Idaho (district); Maine (town); Maryland (county); Massachusetts (town); Nebraska (district); New Hampshire (town); New Jersey (school corporation); Pennsylvania (school corporation); Rhode Island (town).

In New York (rural) district boards furnish indigent pupils; (Union school district) boards of education are authorized to furnish books "to pupils out of any money provided for the purpose," but no mode of providing money is indicated.

In the following States, where books are usually individual property, local authorities have legal sanction for supplying the use of books free to indigent pupils, obligatory in all except Illinois and Missouri, where it is permissive: California (district); Illinois (district); Indiana (township); Kentucky (county); Missouri (district); Montana (district); Nevada (district); New Mexico (district); Virginia (district); Washington (district).

In certain States free text-books are furnished irregularly on local popular votelocal option, as it might be called. These are: Colorado (district); Connecticut (town); Iowa (district); Kansas (district); Michigan (district); Minnesota (district); North Dakota (district); South Dakota (district); Vermont (town); Wisconsin (district).

In the following, contracts bind publishers to furnish books to patrons at stipulated prices: Arizona, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Oregon, Texas, Utah, Virginia, Washington, Wyoming.

Boards of education are authorized to purchase the books and sell to individuals in the following: New Mexico, Ohio, South Carolina, West Virginia.

The student of laws needs continually to bear in mind that in many States special charters have conferred local authority not shown in the general laws.

Particulars for the States individually are more fully stated below.

Those States are first presented in which the books become private property. The number against the name of each State shows the year of the latest available edition of its school laws.

STATES IN WHICH SCHOOL BOOKS BECOME PRIVATE PROPERTY.

Alabama, 1895.-The general law does not specifically fix authority for selection of text-books. In special charters the authority is given to the boards of education. In one case (Decatur) the law requires the board to "provide the text-books."

Arizona, 1897.-It is the duty of the Territorial board of education "to prescribe and enforce the use of a uniform series of text-books in the public schools," such series not to be changed during four years following adoption. The publishers' guaranty is required. Trustees refusing or neglecting to enforce the use of prescribed books or using other books in the prescribed studies are subject to a fine not exceeding $100, or by imprisonment not to exceed three months and removal from office.

Arkansas, 1897.—The (elected) State superintendent of public instruction is required to "prepare, for the benefit of the common schools of the State, a list of such textbooks on orthography, reading in English, mental and written arithmetic, penmanship, English grammar, modern geography, and history of the United States as are best adapted to the wants of the learner and as have been prepared with reference to the most philosophical methods of teaching those branches, and shall recommend the said text-books to teachers and to directors throughout the State." (Sec. 6975.) "The directors of each school district * shall adopt and cause to be used

*

#

one series of text-books in each branch or science taught in the public schools of their respective districts, and no change in these books shall be made for a period of three years, unless it be by a petition of a majority of the voters of the district." (Sec. 7046.)

Directors are limited to the list recommended by the State superintendent. (Opinion of attorney-general). Penalty: Any person failing in his duty under Sec. 7046 shall be fined not less than $10 nor more than $50, payable into the county treasury. (Sec. 7070.)

California, 1895.—By law of 1885 and authorization of later laws, the State board of education, consisting of the governor, State superintendent, and principals of State normal schools, has compiled or caused to be compiled for the common schools these text-books: Readers, spellers, arithmetics, grammars, United States histories, geographies, physiology and hygiene, including a system of gymnastic exercises, and special instructions as to the nature of alcoholic drinks and narcotics and their effect upon the human system.

*

"Whenever any one or more of the State series of school text-books shall have been compiled and adopted, the State board of education shall issue an order requiring the uniform use of said book or books in the common schools of the State, and no school board or other school authority in this State shall have the power to authorize the use of any * books as text-books other than those directed to be used by the order aforesaid of such State board, except books on such subjects as are not provided for by text-books published by the State. The superintendent of public instruction must withhold from any city, city and county,' county, or from any school district in this State using schoolbooks in violation of the provisions of this act and section all school money to which it may be entitled until it comply with the requirements of this section; and any moneys so withheld must be apportioned by the superintendent at the next annual apportionment in the same manner as other school moneys in the treasury." (Law of 1891.)

The printing of these text books is done under the supervision of the superintendent of State printing at the State printing office.

All orders for text-books are to be made on the superintendent of public instruction, accompanied by cash in payment at the price fixed by the State board of education as the cost price at Sacramento, and the cost of postage if to be shipped by mail.

The following persons are entitled to order books:

(1) County superintendents of schools, for the use of teachers, parents, and pupils in their counties only.

(2) Principals of State normal schools, for their own [use] and for the use of the pupils in their respective schools only.

(3) The secretary or clerk of any school district in the State, for the use of the pupils in such district only; but no books ordered by the county superintendents, or clerks of district boards of trustees, or principals of normal schools shall be sold at a price exceeding the cost price at Sacramento, with the actual cost of freight and cartage added.

(4) Any retail dealer who first transmits to the State superintendent of public instruction an affidavit pledging himself not to sell the books to be sold again, or to any person beyond the limits of the State, or at a price exceeding the price to the pupil fixed by the State board of education.

The boards of supervisors of the counties are required to provide a revolving fund to enable the county superintendent to purchase the State text-books; all moneys taken therefrom to be replaced by the moneys received from the sale of books by himself, teachers, or clerks of boards.

All schoolbooks compiled by the State must be furnished to the public-school children of the State at the cost of printing, publishing, and distributing the same, the cost of distribution taken to be the cost of postage required for mailing each book. (Act of 1887.)

City and county governments may be merged and consolidated into one municipal government with one set of officers. (Const., Art. XI, sec. 7, amend. of 1894.) The city of San Francisco and the county of San Francisco arc inerged and consolidated, and are known in the law as a city and county.

School boards must furnish books for children unable to purchase them, the books remaining district property, and kept in the district library when not in use.

The high schools of California are maintained at the expense of the county, city, incorporated town, or school district in which they are respectively situated, receiving no aid from State funds, which are exclusively applied to the payment of teachers of primary and grammar schools. The courses of study and the text-books for high schools are prescribed by their respective boards, and, except in cities and incorporated towns, subject to approval by the county boards. The use of the State series of text-books is required in grades and classes for which they may be adapted, but the penalty of loss of State moneys, laid upon the common schools for use of other books, can not affect the high schools.

Florida, 1897.-Text-books are not specifically mentioned. Each county board, in consultation with prominent teachers, prescribes a course of study. (Sec. 40.)

*

Georgia, 1897.-"The county board of education shall prescribe, from time to time, what text-books and books of reference shall be used in the common schools of the county: Provided, That the Bible shall not be excluded from the common or public schools of the State. When such books are prescribed they shall not be changed for five years thereafter, except by a three-fourths vote of all the board. County boards shall not be permitted to introduce into the schools any text or miscellaneous book of a sectarian or sectional character. No teacher shall receive pay for any pupil who is allowed to use any other than the prescribed textbooks."

In Georgia public schools are partially supported by tuition, which gives force to the penalty for use of unauthorized books.

Illinois, 1897.-The district directors determine what branches of study shall be taught and what text-books shall be used and they are required to enforce uniformity, and permit no change oftener than once in four years. They have power to purchase, at the expense of the district, text-books to supply indigent children by loan.

Indiana, 1897.—The State board of education, consisting of the governor, State superintendent, presidents of the State university, Purdue University, the State normal school, and superintendents of schools of the three largest cities, was authorized in 1889 to invite proposals: (1) From publishers for furnishing books to the school trustees of the State for a term of five years; (2) from authors who have unpublished manuscripts; (3) from parties ready to undertake the compilation of the required books.

The subjects prescribed were: Spelling, reading, arithmetic, geography, English grammar, physiology, history of the United States, and a graded series of writing books.

Books are supplied under contracts with publishers. The State is expressly protected from any liability to the contractors, who receive their pay solely from the proceeds of sales upon a plan as follows: Every school corporation certifies to the county superintendent (appointed by township trustees of the several townships) the number of the respective books required in its schools. The county superintendent makes requisition upon the (elected) State superintendent, who makes requisition upon the contractor, who within ninety days ships the books to the county superintendent. The latter notifies the local trustees, who take the books certified by them as needed and furnish them to the school patrons or school children of the corporation at the contract price for cash only, except that the corporation furnishes necessary books to indigent children, who would otherwise be unable to attend school. Any child 6 to 21 years of age, and any parent, guardian, or teacher of such child, may buy at contract price from the county superintendent, who makes separate requisition on the contractor for these books.

Every three months each school trustee receiving books makes a report and pays over cash received from sales to the county superintendent. If after ten days this duty has been neglected, the county superintendent is required to enter suit within