Public Opinion and the Teaching of History

Part I Statutory Regulation of the Teaching of History

“The law is only a memorandum... and as fast as the public mind is opened to more intelligence, the code is seen to be brute and stammering. It speaks not articulately and must be made to.... The history of the State sketches in coarse outline the progress of thought, and follows at a distance the delicacy of culture and of aspiration.”

Emerson, Essays and English Traits.

PART I
STATUTORY REGULATION OF THE TEACHING OF HISTORY

Chapter I — The Period of Beginnings

Statutory prescriptions of history as a specific subject in the American public school had their beginning in the years between 1827 and 1860; yet the way for such enactments had been charted by earlier educational legislation. For example, in 1642 the Massachusetts Puritans provided that every child be taught enough “to read and understand the principles of religion and the capital laws of the country,”1 and returning to the subject in 1647, expressed their belief that education would serve to “thwart that auld deluder Sathan” whose “cheife project [was] to keep men from ye knowledge of ye Scriptures.”2

In the course of time it was natural that the function of education should enlarge. From the religious conception inevitably sprang a belief in education as a means of imparting an understanding of the principles of “right living.” The individual as a virtuous, polite, and exemplary force in the community became the objective of the lawmaker. Closely allied with this conviction was a faith in education as an instrument for teaching patriotism and for training in the fundamentals of government. Thus, in 1732, New York justified the establishment of her schools on the ground that “good Learning is not only a very great Accomplishment but the properest Means to Attain Knowledge, Improve the Mind, Morality and good Manners and to make Men better, wiser and more useful to their Country as well as to themselves.”3

In 1780 Massachusetts took a similar stand,4 perceiving in her schools a method of directing the masses in the great undertaking of self-government,—a function recognized by Washington, John Adams, Jefferson and other men of the day.5 Other commonwealths also accepted education as a means to “preserve and perfect a Republican Constitution” and to “secure the blessings of liberty.”6

These early laws thus paved the way for those of a later time. They laid the foundation of an education directed toward the development of civic efficiency. Yet their influence was circumscribed by the virtual absence of free, public schools. This lack, however, the second quarter of the nineteenth century was destined to remedy; for such was the democratic awakening of the ’twenties and ’thirties that nearly every field of human activity was transformed. Trade associations attested a quickened consciousness in the laboring man; reform movements bore testimony to a new social point of view; and an aroused electorate chose for the highest office of the land that exponent of democracy, Andrew Jackson.7

In the states outside of New England little had been accomplished in the early years of the century toward the establishment of tax-supported schools. With the extension of manhood suffrage, however, came the realization that the functions of government were safe only in the hands of an enlightened electorate—a conviction which had come only after much agitation and bitter argument. Gradually and inevitably the public school, supported by public funds, became the embodiment of the democratic ideal in which “intelligence is the grand condition.”8

The year 1827 signalized the entrance of United States history into the school curriculum as a study required by law. At this time both Massachusetts and Vermont made the teaching of national history compulsory. The Massachusetts law provided that “every town, containing five hundred families or householders, shall maintain a school to be kept by a master of competent ability and good morals, who shall... give instruction in the history of the United States, book-keeping, surveying, geometry, and algebra; and such last mentioned school shall be kept for the benefit of all the inhabitants of the town, ten months at least, exclusive of vacations each year...; and in every town containing four thousand inhabitants, the said master shall, in addition to all the branches of instruction before required in this chapter be competent to instruct in the Latin and Greek languages, and history, rhetoric and logic.”9 The Vermont statute, designed for the elementary school, required that “each organized town in this state shall keep and support a school or schools, provided with a teacher or teachers, of good morals, for the instruction of youths in... the history of the United States, and good behavior.”10

Counterparts of these laws presently appeared in other states. In 1846 New Hampshire prescribed history as a subject in high schools,11 and shortly after it was sanctioned by Rhode Island.12 In 1857 the Massachusetts legislature placed United States history in her elementary schools, and added general history, the “civil polity” of the commonwealth and political economy to the required subjects for high schools.13 Three years later, she again committed herself in favor of the social studies in the curriculum. “In every town,” the law read, “there shall be kept for at least six months in each year, a sufficient number of schools for the instruction of all the children... in orthography, reading, writing, English grammar, geography, arithmetic, the history of the United States and good behavior....” This law further required in every town of five hundred families or householders the maintenance of a school in which instruction in general history and the “civil polity” of the commonwealth and of the United States should be given,14 and also permitted the teaching of political economy.15

The South did not awaken to the needs of public education at this early period because of its institutional and economic development. Virginia was the only state of that section to enact legislation relating to the teaching of history before the Civil War. In 1849 she provided that in district schools “shall be thoroughly taught,... history, especially that of the United States and of Virginia.”16

None of the states of the Middle West followed the example set by Massachusetts and Vermont in 1827; but California, still in a pioneer stage of development, required instruction in the federal and state constitutions in her grammar schools, as well as political economy in the high schools.17 This provision constitutes one of the first attempts by statute to place the subject of government in the curriculum, although several of the older states had at an early time emphasized the necessity of a knowledge of the state law.18 In fact, such was the lack of systematic instruction in “political morals” at this time, that foreign travelers commented upon it, and Harriet Martineau stigmatized it as “an enormous deficiency in a republic,” where participation in government was a birthright of all.19

By 1860, only six states had passed laws requiring the teaching of the social studies. To the east lay Massachusetts, Vermont, New Hampshire, and Rhode Island; to the south, Virginia; and to the far west, California. To the first requirement of United States history had been added provisions necessitating the presentation of general history, political economy and civil government, and Virginia had prescribed a study of the history of the state.20 It was not until after the Civil War that history acquired a real place in the public school curriculum.

The Certification of Teachers

The interest awakened in public education led also to the passage of laws for the certification of teachers. Often legislation of this type indirectly describes the character of the curriculum, for, in general, the teacher was examined in those subjects which he was expected to teach. At an early time, the chief qualifications for teachers seemed to be “good morals” and “competency,” but with the expansion of the curriculum, there were added, in many cases, specifically named subjects.21

Thus a Connecticut law of 1841 provided that “the board of visitors [of the schools]... shall... examine all candidates for teachers... and shall give to these persons with whose moral character, literary attainments, and ability to teach, they are satisfied, a certificate, setting forth the branches he or she is found capable of teaching; provided that no certificate shall be given to any person not found qualified to teach reading, writing, arithmetic, and grammar, thoroughly, and the rudiments of geography and history.”22 In 1857 in the Revisions of their laws, Maine and Rhode Island specified a knowledge of history as a necessary qualification for a teacher.23 Illinois, in her Revised Statutes of 1845, included a law which made it the duty of the school commissioner to examine “any persons proposing to teach a common school, in any township in his county,” on the candidate’s ability to teach the usual branches, including “the history of the United States.”24

In 1846, during the period of her earliest legislation, Iowa prescribed the history of the United States as a requirement for a teacher’s license. This state is an example of those states which have passed little legislation defining the content of the curriculum, but have secured the same end by specifying subjects for the examination of their teachers. The law appeared again in the Code of 1851, but history was dropped from the required list of subjects in 1858.25 Legislation in Nebraska took much the same course as had that in Iowa. In 1855, the territorial laws placed United States history among the subjects required in a teacher’s examination, but the laws of 1856 ignored it as a prescribed subject.26

Chapter II — Nationalism and Localism in History Legislation, 1860-1900

The Curriculum

The Civil War marked a turning point in American history. Forces undreamed of before 1860 conspired to change the whole tenor of American life. From isolated rural communities of simple tastes and unexploited resources, the United States emerged into a growing urbanization of multifarious activities. Prior to 1860 there had been little change from the days of George Washington, when nine-tenths of the people had been engaged in agriculture; by 1890, however, the population had so shifted that more than one-third dwelt in towns of over two thousand inhabitants.

These vast and far-reaching changes were brought about by an expansion particularly in the fields of transportation, agriculture, and manufacturing. Steam, electricity, progress in invention, the growth of an immigrant population, and the opening of new lands to settlement, all served as contributing factors. It was a period characterized by a strong national sentiment. The theory of state rights had been settled forever by the victory of the Union in 1865, and a realization of the great opportunities of America bore the fruit of patriotic fervor. Nationalism expressed itself in the nationalization of industry, in the organization of national labor units, in the nationalization of the financial resources of the country, and in a deepened interest in the public school system. It led inevitably to a new appreciation of the distinctive contributions of local communities to the new national spirit, and was, in a sense, responsible for a strong reaction toward deep-seated local interests in the ’nineties.

These vast changes necessitated new aims and purposes in education. The preceding period had witnessed the educational system transformed from an instrument of the church into one of the state. By 1860 the theory of tax-supported schools had become established, and most states provided at least elementary instruction. By 1880, legal and legislative objections to the establishment of high schools had succumbed to the conviction that education was essential in the new social and industrial order. There came to be an abiding faith in the power of education to regenerate society. The “knowledge aim” of the preceding decades was followed by the desire for a citizenship trained to active participation in the society of which it was the warp and woof. As a result, those subjects in the curriculum tending to promote patriotism and good citizenship received the sanction of the educator.

Although history had been found to some extent in the school curriculum before the Civil War, there had been no general acceptance of it as a required study.27 Now in the form of United States history it was received with widespread approval. A gradual extension of the requirements grew out of the spirit of the times, and to American history was added the study of the constitution of the nation and of the state, as well as the study of state history. Twenty-three states, during the four decades following 1860, placed upon their statute books laws requiring the teaching of history in the public schools. Over one-fourth of these commonwealths lay below the Mason and Dixon line, the states of the Middle and Far West becoming the most active after 1880.

In 1862, Vermont, in a law dealing with “the instruction of the young,” prescribed history and the constitution of the United States, and special instruction in “the geography, and history, constitution and principles of government of the state of Vermont” as a part of the school curriculum.28 A later law extended the social studies curriculum, for towns of twenty-five hundred inhabitants, to embrace political economy, general history, and civil government in the high school course.29 The nearby state of Connecticut included in her law, regarding the branches to be taught in her schools, the subject of “history,” later specifying “United States history.”30

During the early years of the period Southern legislatures were particularly active, both in the border states and in the Confederacy. In each case the legislation was responsive to the nationalistic tendencies of the time; and, in the states of the Confederacy, the study of national history and of the federal constitution were for the first time required by law.31 Such statutes, sometimes enacted before the restoration of home rule and under the influence of Reconstruction agencies, sought, through the public schools, to overcome the intensified sectionalism of the post-war South. Laws making it a duty of the teacher to inculcate a proper attitude toward “the laws and government of the country” had much the same purpose as those requiring specifically the study of United States history and government. Thus a law of the first legislative assembly of West Virginia, passed December 10, 1863, made it the duty of all public school teachers “to inculcate the duties of piety, morality and respect for the laws and government of their country.” All teachers and boards of education were expressly “charged with the duty of providing that moral training for the youth of this state which shall contribute to securing good behavior and virtuous conduct, and to furnishing the state with exemplary citizens.” In 1874, a statute designed for the primary schools of the state prescribed the teaching of the common school subjects including geography and history.32

Similar enactments were passed by Missouri and Maryland in 1865. In Missouri, it was provided that “all teachers, when employed shall be required to instruct their pupils in the fundamental principles of the Government of the United States and of the State of Missouri, and the duties of loyal citizens thereto.”33 Maryland, in 1865, made it a duty of her teachers to train their pupils in piety and justice, loyalty and sacred regard for truth, and in love of country; and to lead them into a clear understanding of the virtues which were the basis upon which was founded a republican constitution; “to preserve the blessings of liberty, promote temporal happiness and advance the greatness of the American Nation.”34 The study of United States history was likewise required, followed in 1868 by the subject of government, both federal and state. It was not until a few years later that state history was added to the prescribed list.35

Among the first of the states of the Confederacy to enact laws requiring the teaching of United States history were Arkansas, South Carolina and Mississippi.36 Passed during the period of carpet-bag control, their statutes show plainly the effects of reconstruction influences. The Arkansas law of 1868 and South Carolina’s law of 1870 prescribed not only the study of national history but also required a knowledge of the principles of the federal and state constitutions. In 1881, North Carolina enacted a statute for the teaching of both national and state history, and Tennessee, in 1873, accorded a place to United States history among the subjects required in her schools.37 It was not until later that the Alabama Code records similar action by the legislature of that state in prescribing instruction in “the Constitution of the United States and the Constitution of the State of Alabama” for “all pupils in all schools and colleges supported, in whole or in part, by public money, or under state control.”38

Among the border states, Kentucky, as well as West Virginia, called for the teaching of history, to which was added the study of civil government after “July 1, 1889.”39

Florida reverted to a form of the morality laws for the promotion of citizenship through the public schools. In 1881, she directed and authorized each teacher “to labor faithfully and earnestly for the advancement of pupils in their studies, deportment and morals, and to embrace every opportunity to inculcate by precept and example, the principles of truth, honesty, patriotism, and the practice of every Christian virtue; to require the pupils to observe personal cleanliness, neatness, order, promptness, and gentility of manners, to avoid vulgarity and profanity, and to cultivate in them habits of industry and economy, a regard for the rights and feelings of others, and their own responsibilities and duties as citizens.”40 In 1889 there was added another duty to the list enumerated above: that of “reading at least once a month the Declaration of Rights as set forth by the constitution of the state of Florida.”41

The states of the Middle West also desired to inculcate patriotism in the youth of that section and to emphasize the accomplishments of America. In a series of laws, beginning in 1861, Minnesota prescribed the study of the “history of the United States.”42 In 1878, she sought to carry out the desire for an exemplary citizenry in “An Act to introduce Moral and Social Science in the Public Schools of the State,” in which was reëchoed the sentiment of the morality laws of a former time.43

By 1876, Wisconsin had allied herself with those endorsing the study of government, by prescribing that “the constitution of the United States and of this state shall be taught in every district school.”44 By later laws the study of United States history and civil government was required.45

Among the subjects prescribed in Indiana and Missouri was United States history, the latter state directing that elementary school pupils before entering the high school must have completed the subject.46 South Dakota, in 1895, made United States history a requirement of her common school curriculum,47 and North Dakota by a series of laws sanctioned both United States history and civil government.48 Before statehood had been achieved, the territory of Dakota had prescribed, in 1883, that “the highest standard of morals shall be taught, and industry, truthfulness, integrity, and self-respect inculcated, obedience to law enjoined, and the aims of an upright and useful life cultivated.”49 The same purpose was evident in North Dakota’s law of 1890 and that of South Dakota of 1893, which provided for “moral instruction tending to impress upon the minds of pupils the importance of truthfulness, temperance, purity, public spirit, patriotism, and respect for honest labor, obedience to parents and due deference for old age, shall be given by each teacher in the public schools.”50

The states of the Far West were likewise active. They followed in the wake of the older states by prescribing, in most cases, the teaching of United States history, and in some instances the study of government. In addition, they reverted to the type of law found at an early time in the Eastern states, which required a teacher to instruct in the principles of a free government “to train them [the pupils] up to a true comprehension of the rights, duties, and dignity of American citizenship.” Both types of law are found in the legislation of Washington,51 Montana,52 California,53 and Arizona.54 Nevada and New Mexico allied themselves with the movement to teach United States history in the public schools.55

Utah also prescribed United States history as a part of the school curriculum and included in another law an admonition for instruction in patriotism.56 This statute is a good example of the evolutionary stage through which most states passed in the making of laws, and shows the tendency of the newer states to revert to the old type of laws in the early period of statehood. In Idaho no content subject was prescribed by law, but the teacher was held responsible for inculcating the “principles of morality, truth, justice, and patriotism.”57

The place of history in the school curriculum was thus thoroughly established by law at the close of the nineteenth century. United States history was required in more statutes than any other field of history, although, in some instances, political economy and general history found a place in the high school program. Frequently added to the requirement of national history, was the study of civil government, both federal and state, and occasionally local or state history.

During the period one-third of the legislatures enacting social study laws prescribed the teaching of the federal constitution. A knowledge of the state constitution was required in Maryland, South Carolina, Alabama, Missouri, and Arkansas; and North Carolina and Maryland, besides Vermont, prescribed the teaching of state history. The emphasis placed upon a knowledge of state institutions was but the reaction from the intense nationalism of the years immediately following the Civil War. It was especially evident toward the close of the century and during the early years following 1900. Indeed, from 1880 to 1900 local pride evinced a quickened consciousness in the organization of such groups as the Sons of Veterans in 1881, the United Confederate Veterans and the Sons of the American Revolution in 1889, the Daughters of the American Revolution in 1890, and the Sons of Confederate Veterans in 1896. In literature, writers like Cable, Eggleston, Harte and Stockton glorified the characteristics peculiar to their localities; and laws relating to the public school curriculum reflected precisely the same temper.58

Educational and learned societies likewise bore testimony to the interest in the study of history. In 1876, a committee of the National Education Association recommended United States history for the elementary school and a study of “universal history and the Constitution of the United States for high schools.”59 In 1892, the Committee of Ten was created by the same organization to consider “programs of the secondary schools in the United States and... the requirements for admission to college.”60 Eight years of history were asked by this committee, four for the high school and four for the elementary.61 In 1896, the Committee of Seven of the American Historical Association was appointed, and in 1899 recommended a four years’ course in history.62 During this time colleges also extended their entrance credits to include more history, which, with the committee reports, aided much in increasing the offerings in the public school curriculum. These activities are an indication of the place that history was coming to hold in the education of the young. They are added proof of the attention which the public was giving to the social studies in a period in which twenty-five states passed laws to include them in a required course of study.63

Certification of Teachers

During the decade of the ’sixties laws regarding the certification of teachers were passed by New Hampshire, Pennsylvania, Minnesota, Maryland, Wisconsin, Indiana, Missouri, Arkansas, and California. “History” was a requirement of New Hampshire, Minnesota and Maryland,64 and “United States history” received mention in the laws of Pennsylvania, Wisconsin, Indiana, Missouri, Arkansas, and California.65 To the requirement of United States history, California added that of the “Constitution and Government of the United States,” which was further amplified by a requirement for the teaching of the constitution of California, in an amendment of 1874.

From 1870 to 1880 there was little departure from the subjects required in the preceding period, “history” being considered essential in Idaho by a law of 1870, by Arkansas, in 1873 and in 1875, and by West Virginia in 1874 and in 1879 for primary school certificates.66 In Texas, Washington, Kansas, Colorado, and Delaware, the law specified United States history, and in Oregon, modern history.67 Besides history being required in the statute of Arkansas, an applicant for a state certificate was required to have a knowledge of the constitution of the state and nation, an innovation in the required list of subjects.68 In Wisconsin, the law pertaining to the certification of teachers was revised in 1879 for the express purpose of examining persons in the federal and state constitutions, and was carried over in the statutes of the next thirty years.69

In the decade following 1880, New York, Michigan, the Dakotas, Alabama, Arizona, Ohio, and Montana joined the states which had prescribed certification requirements in the previous decade.70 Upon the statute books of Connecticut, Pennsylvania, Delaware, West Virginia, Wisconsin, Indiana, California, and Washington were continued laws previously enacted.71 To her requirement of United States history, Colorado prescribed a knowledge of the federal constitution.72 Civil government, as well as United States history, was required for licensing in New York, Ohio, Michigan, the Dakotas, Alabama, Montana, and Arizona. In Idaho, by a law of 1884, territorial certificates could be secured only by those showing proficiency not only in United States history, but in general history, political economy, and civil government as well.73 Oregon also extended her requirements beyond those commonly found, to include modern history.74

From 1890 to 1900 only four states passed laws of this character for the first time. All other legislation of the period was enacted by states which had previously prescribed the subjects prerequisite for a teacher’s license. In those commonwealths where there had been statutes enacted, the list of required subjects was frequently extended to include political economy.

Florida, Oklahoma, Utah, and Wyoming, in prescribing that their teachers must show a satisfactory knowledge of United States history, followed the usual practice, although acting for the first time. To this requirement was added also that of a knowledge of civil government, a common prerequisite whose popularity had been established in the ’eighties.75 Florida, however, for the third and second grade certificates did not require a knowledge of civil government, reserving that only for the first grade and state licenses. For the latter, a knowledge of general history was required by the law of 1893.76 Wyoming required not only United States history and civil government, but for a first grade certificate added political economy.77

From 1890 to 1900 Pennsylvania, Delaware, West Virginia, Michigan, Wisconsin, Minnesota, North Dakota, South Dakota, Missouri, Kansas, Mississippi, Texas, Idaho, Washington, Utah, California, and Wyoming required proficiency in United States history and civil government for some grade of teacher’s license.78

In 1891, Alabama added to the requirement of United States history for a first grade license, the constitution of the state of Alabama and of the United States, thereby conforming to the popular tendency.79 A knowledge of state history was required in Pennsylvania, Mississippi, South Dakota and Texas; and Pennsylvania, West Virginia, Minnesota, Texas, Utah, Washington, and Wyoming required general history for the higher grade of certification.80 Political economy became a prerequisite for a professional state certificate in Minnesota by the laws of 1893, in Iowa in 1896, and in Wyoming in 1899 for a first grade license.81

United States history only was required in Utah for county certificates of the grammar and primary grades, in Kansas for the second and third grade certificates, in Indiana for common school licenses, and in Arkansas for county certificates.82

During the period from 1860 to 1900 thirty-six states enacted laws relating to the certification of teachers. Of this number, only six states had passed laws prior to 1860.83 In all states a knowledge of United States history was a prerequisite for licensing throughout the period, and, in most cases, civil government was required.84

Teachers’ Qualifications: Oaths of Loyalty

The fear of an apostacy on the part of the teaching craft led legislatures in this period to impose other than scholastic requirements upon those who would teach in the public schools. These regulations, indicating a distrust of the loyalty of teachers, have required oaths of allegiance from all who would qualify as teachers.

Legislation of this character was originally an outgrowth of the Civil War, the first laws being passed in 1862.85 And it is not strange that the border state Kentucky was a pioneer in statutes of this character. Here the law was made to apply to all school commissioners, examiners of teachers for the common schools, and school trustees and teachers elected to teach in the common schools, all presidents, professors and teachers in colleges, and high schools incorporated by legislative enactment. It pledged loyalty to the Union and denounced the tenets of the Confederacy.

“I do solemnly swear that I will support the Constitution of the United States, and the Constitution of Kentucky,” vowed the applicant, “and be true and faithful to the commonwealth as long as I remain a citizen thereof. That I recognize the binding obligations of the Constitution of the United States and the duty of every citizen to submit thereto as the supreme law of the land. That I will not give aid to the rebellion against the government of the United States, nor give aid to the so-called provisional government of Kentucky, either directly or indirectly, so long as I remain a citizen of or reside in Kentucky, and that this oath is taken by me without any mental reservation—so help me God.” This oath, given in writing, was kept at the county court office where the school was located, and a violation of the oath or false swearing upon conviction, led to the imposition of a penalty. Evasion of the law, too, was subject to punishment through a fine of not less than twenty-five dollars nor more than two hundred dollars.86 In 1889 it was made incumbent upon the county superintendent to administer such oaths.

Similar laws appeared on the statute books of West Virginia and Missouri, where, like Kentucky, these border states felt a pressing need for a loyal citizenry. On December 10, 1863, the former commonwealth declared that no applicant should be admitted to an examination for a teacher’s license unless the county superintendent had reasonable evidence that the candidate was not only “of good moral character and temperate habits,” but that he was “loyal to the government of the United States and of West Virginia.”87 To buttress this law it was prescribed that all teachers should take the oath of loyalty required of all state officers. The latter regulation was operative after November 16, 1863, but no specific mention was made of teachers subscribing to such an oath until 1867. However, it seems probable that they, as well as state officers, affirmed their loyalty at the earliest period of statehood, since it is recorded that two teachers, J. B. Soloman and C. T. Wilson, in 1869, were exempted from subscribing to the oath prescribed in the act of 1863.

A statute, moreover, directly prescribed for teachers in 1867 the taking of the following oath: “I, A. A. B., do solemnly swear that I will support the constitution of the United States and the constitution of the state of West Virginia, that I have never voluntarily borne arms against the United States, that I have voluntarily given no aid or comfort to persons engaged in armed hostility thereto, by countenancing, counseling or encouraging them in the same, that I have not sought, accepted, nor attempted to exercise the functions of any office whatever under any authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inimical thereto; and that I take this obligation freely, without any mental reservations or purpose of evasion.”88

The cessation of armed hostilities between the North and the South induced Missouri to require an avowal of loyalty on the part of her teachers. On March 29, 1866, there was approved a law by which “all teachers before entering upon the discharge of their duties should take and subscribe to the oath of loyalty prescribed by the constitution.”89

Regarding the lessons of the War, Arkansas, in 1866, believed there should be no disagreement. Here not only did the applicant for a teacher’s certificate swear to support the constitution and laws of the United States and Arkansas, but he also promised that he would encourage all others to do likewise. “... I will never countenance or aid in the secession of this state from the United States,” the affirmant declared, and added his pledge “to inculcate in the minds of youth sentiments of patriotism and loyalty.”90

Oregon also required a pledge of her teachers by legislation in 1862. Before the county superintendent of schools, disloyalty to the state and nation must be forsworn by the applicant for a certificate, who promised “without any mental reservation or evasion whatever,” that he would “bear true allegiance and fidelity to the same against all enemies, foreign or domestic.”91

Dissentient opinions received scant courtesy in Rhode Island at the time of the Civil War although no law forbade them. However, a warning from the state commissioner of education to the general assembly at the January session of 1865 undoubtedly evoked the same response as the enactment of a law. Here, too, there was to be no tolerance for a passive loyalty. “The war tocsin has sounded,” the report declared, “our country is convulsed in mighty conflict, our friends are in the contesting field, their blood has been made to redden and fertilize the rebel soil.... Traitors and rebel sympathizers are among us, rendering every available assistance and using every means within their power to further the rebel cause and aid them in the accomplishment of their hellish design. Therefore, let us be on our guard, lest some of them unawares be ushered into our schools as teachers. For if the teacher be a traitor, his actions will correspond therewith, and by example, if not by precept, he will be sowing the seeds of rebellion in the susceptible hearts of our children. Should the pure minds of our little ones be poisoned with the damnable principles of rebellion, or be led astray by the pernicious examples of rebel sympathizers? Shall the hand already stained with the blood of the murdered father, be employed to guide his orphan child?—the hand that applied the lighted torch, and made the orphan a homeless wanderer, shall that be the hand to trace the chart by which his little bark is to be guided to its destined haven? No, most assuredly, no. Better by far remain as he is, his untutored mind wrapped up in ignorance, than to be thus guided and piloted by the vile traitor, only to be finally dashed against the rocks and engulfed in the waves of rebellion. But let our teachers be noble, loyal sons and daughters of America—those who, while instructing our little ones in the sciences that pertain to the secular concerns of life, will also teach them their obligations to their country, and at the same time will point them to that never fading star by which their frail barks may be safely guided over life’s treacherous seas to the port of eternal rest, to gain that blood-washed throng who chant the praises of God and the Lamb from Mount Zion’s balmy top.”92

As a survival of the legislation regarding teachers’ qualifications, which had been brought about by the period of Reconstruction, were the statutes of Arizona of 1883 and 1885. By these laws it was made a duty of the superintendent of public instruction and the county superintendents of schools to administer oaths and affirmations of loyalty to teachers.93

Citizenship as a Qualification for Teachers

Beginning in 1899 came legislation eliminating from the teaching profession those who were not American citizens. North Dakota was the pioneer in this movement in a statute prohibiting the issuance of certificates or permits to teach to persons not citizens of the United States, unless they had resided in the United States “for at least one year prior to the time of such applications or permit.”94 The same year Idaho adopted a similar restriction, by forbidding the granting of certificates or the employment of any teacher in the public schools, “not a citizen of the United States.”95 A decade later (1907) Nevada attempted to promote patriotism by requiring an oath of all public officials including teachers in schools and university professors. In this was affirmed the dominance of the national over the state government and an abjuration of duelling, a relic of frontier conditions.

“I, ——, do solemnly swear,” declared the official, or teacher, “that I will support, protect and defend the Constitution and Government of the United States and the Constitution and Government of the State of Nevada against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any state convention or legislature to the contrary notwithstanding; and further that I do this, with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever. And I do further solemnly swear (or affirm) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, nor been a second to either party, nor in any manner aided or assisted in such a duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the Constitution of the State of Nevada, and that I will not be so engaged or concerned directly or indirectly in or about any such duel, during my continuance in office....”96

Textbook Legislation

Substantially all legislation regarding history textbooks has developed since the Civil War, only three states passing statutes of this character before 1860.97 This form of regulation falls, in general, into laws in which certain textbooks are named as suitable for use or are definitely prescribed, laws in which the subjects of the curriculum are enumerated by a statement concerning textbooks, enactments limiting the price of books, statutes by which books of a partisan or political bias are forbidden, and laws prescribing the character of the content for history textbooks, whose source is a sectional or partisan animus.

In 1862, the state of Vermont passed An Act directing the Board of Education to select a Textbook of the Geography and History of Vermont which was to be used in all district schools of the state for a period of five years.98 Ten years later Hall’s Geography and History of Vermont, which was then in use by sanction of the law, was continued as a textbook until 1878.99 In Rhode Island, the report of the Superintendent of Public Education, in 1865, named the histories written by Berard and Goodrich as those commonly used in the public schools.100 By legislative enactment, North Carolina in 1879, designated Moore’s History of North Carolina for use in her public schools.101

Of the textbooks prescribed in West Virginia, Goodrich’s Common School History, Quackenbos’ History of the United States, and Holmes’ History of the United States were named by laws in 1868 and 1873. Later the price of Myers’ General History, Montgomery’s General History and Montgomery’s Beginner’s American History were regulated by law.102 In Virginia “the two works of John Esten Cooke, entitled respectively ‘Virginia: A History of Her People,’ and ‘Stories of the Old Dominion,’” were included in the list of textbooks selected.103 In Indiana, in 1889, the state board of education was directed to choose a history equal to Thalheimer’s History of the United States,104 and two years later it was enacted that the price of the textbook on the history of the United States should not exceed 65 cents a volume.105

Minnesota, Kansas, and Montana insisted that their histories be the equal of Barnes’ School Histories.106 In Kansas the law also made it conditional that the civil government textbook be equal to Thummel’s Government of the United States with the Kansas addendum,107 and that among the textbooks selected by the state commission should be included books on general history, history of Kansas and English history.108 A Montana law also limited the price to be paid for books: Barnes’ Brief History of the United States, retail price $1.20; Barnes’ Primary History of the United States, retail price 70 cents; and Lovell’s Civics for Young People (also a prescribed textbook), retail price 50 cents.109 In South Dakota the maximum price for a textbook on the history of the United States was fixed at 80 cents by a law of 1891.110

The duty of choosing textbooks was delegated to various officials in the different states. Missouri directed, in 1897, that a state commission should select the textbooks in United States history and civil government.111 Arkansas delegated the task of choosing a history of the United States to the state superintendent of public instruction,112 as well as providing, in 1899, that there be included among the textbooks of the schools, the history and civil government of the state and nation.113 In Idaho, the county superintendent selected the textbooks in “history,” and in California the duty devolved upon the state board of education.114

Among the branches of study in Texas and Alabama for which law prescribed that there should be a uniform series of books was United States history, and in Alabama was added the history and constitution of the state.115

The most common regulation regarding textbooks pertained to the prohibition of books showing partisan, political or sectarian bias.116 In the South, particularly, were such laws enacted. In February, 1890, a joint resolution “in relation to histories to be taught in the public schools of Mississippi” passed the legislature of that state. It urged “the utmost care in the selection and introduction of school histories,” in order to eliminate those considered “biased, prejudiced and unfair,” or that suppressed a “full, free and candid presentation of questions upon which the American people” had been “honestly divided,” and in the maintenance of which they had acted “according to the promptings of courage and honor.”117

Precisely the same motive actuated the lawmakers of Alabama later in establishing county school boards to select uniform series of textbooks for the public schools. These boards were instructed to avoid “textbooks containing anything partisan, prejudicial or inimical to the interests of the people of the State” or which would “cast a reflection on their past history.”118

Endorsement of history books favorable to the South was the burden of a resolution of Georgia, in 1866, which commended the Southern University series of school textbooks under the auspices of the University of Virginia from the pens of Captain M. F. Maury, Gilmore Simms, Honorable Charles Gayarre, Judge B. F. Porter, Professors Le Compte, Holmes, Venable, Schele, Devere, because they expressed a “correct sentiment.”119 This particularism became more evident toward the close of the period as Southern legislatures threw off the influence of carpet-bag domination.

Maryland’s legislation of 1868 and South Carolina’s of 1870 declared that “school books shall contain nothing of a sectarian or partisan character.”120 Virginia as early as 1849 had subscribed to a similar statement,121 and in 1872 both North Carolina and Georgia forbade the use of books in the public schools which might partake of a “political” or “sectional” bias.122

In Georgia, the county boards were not permitted “to introduce into the schools any textbook or miscellaneous book of a sectarian or sectional character.”123 A South Carolina law, pertaining to the general duties of the state superintendent of education, accepted the phraseology common to many laws regarding textbooks in forbidding “partisan” books or instruction.124

Partisan textbooks were also excluded from the schools of Alabama, Kansas, Arizona, Washington, and California.125 In Idaho and Montana legislation stipulated the rejection of all books which would propagate “political” doctrines, and in Texas it provided that nothing of a sectional or partisan character should be included in the uniform series of textbooks selected.126 In Kentucky the county board of examiners was given the task of selecting a uniform series of textbooks for the county providing that the selection did not include any books of “an immoral, sectional or sectarian character.”127 The territory of Dakota legislating regarding school libraries forbade not only books unsuited “to the cultivation of good character and good morals and manners,” but all “partisan political pamphlets and books.”128

The evolution of laws respecting textbooks in this period indicated the tendency toward a spirit of localism. The South seized upon another opportunity in her legislation for textbooks to prohibit the teaching of a Northern viewpoint; nine states of the Confederacy passed laws prohibiting the use of “partisan” histories in their schools. The border state of Kentucky also forbade “sectional” textbooks, whereas the West attempted to exclude “partisan, political books.”129 The laws passed by the North during the period dealt largely with the naming of textbooks to be used in the public schools.

Chapter III — Laws for the Expansion of the History Curriculum 1900-1917

The twentieth century did not usher in unexpected developments in the American educational system, for the school had begun to experience a transformation of purpose in the period following the Civil War. It was not, however, until after 1900 that the forces aroused by the Economic Revolution began to assert themselves to a marked degree and to seek means to equip the individual for the complex responsibilities of his social relationships. The early years of the new century saw a tidal wave of reform sweep into all phases of American life. Agitation for the recall of judicial decisions and the introduction of such measures as the initiative and referendum attested new convictions in the realm of politics. The reform spirit found expression in muck-raking literature, movements for the betterment of dependents on society, legislation to alleviate unfortunate industrial conditions, and schemes of coöperation between employer and employee bore testimony to a new social consciousness and national morality.

The public school also gave evidence of the spirit of the new era through the changed character of its instruction.130

“Preparation for citizenship” became the keynote of the period, perhaps better expressed by John Dewey’s definition of education as “The process of remaking experience, giving it a more socialized value through increased individual experience by giving the individual better control over his powers.” History and the other social studies gained in popularity as especially adapted to implant the right social attitude.

This wider outlook on life did not confine itself solely to an interest in domestic affairs, for the Spanish-American War had banished the long-cherished theory of national isolation. The international viewpoint was encouraged further by the fact that by 1900 the United States had achieved second place as an exporting nation. As a result, the study of foreign history gained in popularity, and increased offerings in the social studies curriculum evinced the growing favor in which these subjects were held.

In planning the course of study, educational associations showed much activity in committee reports. The report of the Committee of Seven of the American Historical Association doubtless had a pronounced influence in the curriculum making of the greater part of this period. In 1907, it was followed by the report of the Committee of Five, who made slight changes in the list of studies recommended by the Committee of Seven. However, modern European history received greater emphasis than in the first report, a tangible expression of the expanding horizon of the time. In 1909, the Committee of Eight attempted to standardize a course in history for the elementary schools, in which was included not only United States history but a study of European history.131

From 1900 to the year of our entrance into the World War, thirty-two states approved laws incorporating history and other social studies in the curriculum of the public schools, approximately twice as many as had legislated from 1860 to 1900.132 The importance placed upon the study of United States history, federal and local civics and state history in the previous period persisted. The early years of the century were characterized also by laws pertaining to the teaching of patriotism through the celebration of historic events, by statutes to inspire reverence for the flag, and by enactments indicative of sectional interest.133

In 1900, Vermont amended her law prescribing the high school course of study, and designated political economy, civil government and general history among the branches to be taught.134 Other enactments, enumerating the prerequisites for a high school, included thirty-three weeks of history and the natural, political, social, moral and industrial sciences.135 In 1906, there was provided instruction for elementary pupils in the history and constitution of the United States and the history, constitution and principles of the government of Vermont.136 In 1915, the teaching of “citizenship” was approved for all rural schools of a six year course, and for elementary schools of eight years.137

The tendency to emphasize a study of the Constitution has no better illustration than in the laws of New Hampshire, where, in 1901, it was made compulsory for every high school to give “reasonable instruction in the constitution of the United States and in the constitution of New Hampshire.”138 Later enactments further stressed the importance of a knowledge of the state and federal constitutions by prescribing that “in all mixed schools and in all grades above the primary, the constitution of the United States and of the state of New Hampshire be read aloud by the scholars at least once during the last year of the course below the high school.”139 The teaching of citizenship was the purpose of a Connecticut law of 1903 and of 1915, prescribing regular instruction for all pupils above the fourth grade in “the duties of citizenship, including the knowledge of the form of national, state, and local government.”140

Training in citizenship was the purpose of a Delaware law of 1911, which prescribed that teachers train their pupils in “honesty, kindness, justice, and moral courage... for the purpose of lessening crime and raising the standard of good citizenship.” Four years later it was followed by an enactment requiring the teaching of United States history and instruction in “the general principles of the constitution of the United States” and of the state.141

In 1911 Pennsylvania prescribed for the elementary schools the teaching of United States history, history of the state and civil government.142 These subjects received the statutory endorsement of Kentucky in 1904, Virginia in 1904 and 1906, North Carolina in 1901, 1905, 1907, 1908 and 1913.143 South Carolina in several laws from 1892 required for schools under the direction of boards of trustees and of county boards of education, the “history of the United States and of this state, the principles of the constitution of the United States and of this state, morals and good behavior.”144

Texas gave her sanction to the same subjects in 1905,145 and Alabama prescribed that in all schools and colleges supported in whole or in part by public money, or under state control, there should be instruction in the constitution of the United States and of the state of Alabama.146 In Georgia, the law prescribed as part of the curriculum for the common schools that “the elements of civil government shall be included in the branches of study taught in the common or public schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are studied and taught in said public schools.”147 West Virginia attained some individuality in adding to state and national history and civil government, “general and West Virginia geography.”148

In the schools of Florida instruction in “history” was required for the intermediate grades, and in the grammar grades the “history and civil government of Florida and of the United States.”149 Additional emphasis was placed upon the teaching of civics in 1909 when an act provided that the “elements of civil government be taught in the common and public schools of the state,... to be studied and taught as thoroughly and in the same manner as any other required subjects.”150

Louisiana committed herself to the teaching of United States history in every school district as an elementary branch by an act of 1902;151 and Mississippi, in 1916, prescribed for the “curriculum of the free public schools,” civil government with special reference to local and state government, the history of the nation and of the state.152

In 1904, Ohio established civil government and the history of the United States as required subjects for an elementary school education.153 In 1910, it was made obligatory upon each county board of school examiners to examine pupils of township schools in civil government and United States history.154 In the Code of 1910, there were included, in both the elementary and high school courses of study, the history of the United States and civil government, and in the high school the history of “other countries” as well.155 By an act approved May 18, 1911, but repealed in 1914, teachers in elementary schools were required to qualify in the history of the United States, including civil government, and in the high school in general history, with an election of civil government.156 An Illinois law of this period was similar to that of Delaware in phraseology and spirit, and prescribed the teaching of “honesty, kindness, justice and moral courage” to lessen crime and develop a good citizenship.157

Wisconsin, as early as 1865, had required as essential for a district school education, United States history and civil government, local history and government, a practice continued through 1917. In schools offering industrial education, citizenship became an obligatory study by the statutes of 1913.158 Minnesota made a knowledge of United States history prerequisite for entrance into high schools,159 and Indiana expanded her list of the required number of studies to include, in all commissioned high schools, civil government, general and state, ancient, medieval or modern history and the history of the United States.160 For the curriculum of the common schools, there was required in Indiana the study of United States history, a practice developed from a law first in force in August 1869.161

South Dakota,162 North Dakota,163 and Kansas164 also committed themselves to the subjects popular in this period. In Nebraska, “a study of American history for at least one semester in the eleventh and twelfth grades,” became a requirement for normal training courses in the high school.165 Missouri made a knowledge of United States history essential for entrance into the high schools, as well as prescribing that no school could be classed as a high school which did not include a four years’ course in history.166

Oklahoma, in 1905, illustrated well the social viewpoint characteristic of the time in her law requiring “in each and every public school it should be the duty of each and every teacher to teach morality in the broadest meaning of the word, for the purpose of elevating and refining the character of school children up to the highest plane of life; that they may know how to conduct themselves as social beings in relation to each other, as respects right and wrong and rectitude of life, and thereby lessen wrong doing and crime.”167 In 1907, another law prescribed “the elements of economics” for all public schools receiving support from the state.168

A place of prominence in the normal training curriculum was accorded United States history by Oregon in 1911.169 In 1913, Wyoming enacted a law requiring of her superintendent of public instruction the preparation of a course of study for the elementary schools in the usual subjects, including United States history and the history and civil government of Wyoming,170 and by an act of 1917 history and civics were required in the teacher training departments of the high school.171 California, too, succumbed to the trend of the times, and in 1903 and in succeeding years prescribed the teaching of United States history and civil government for a public school education.172

In the revision of her territorial laws in 1901, Arizona again included United States history as a school subject;173 and by legislation in 1912, New Mexico showed her approval of the social studies in “An Act to Encourage the Instruction in the History and Civics of the State of New Mexico.” This law forbade any person to teach in the public schools unless he had passed a satisfactory examination in the history and civics of the United States as well as in the history and civics of the state. “It shall be the duty of the teachers in the public schools of the state,” the law read, “to give such instruction as is practicable in the history and civics of the United States with special reference to the history and civics of the state of New Mexico; which said instruction may be given orally or by study of textbooks covering the subject and which said textbooks shall have been adopted by the State Board of Education.” The statute specified that the textbook in state history and civics must be prepared “by a known historian of the state” and “be sold at a price to be fixed by the State Board of Education not to exceed one dollar per volume.”174

Of the thirty-two states which had enacted laws during this period for the teaching of the social studies, substantially all required United States history, federal and local civics. State history, which had attained some popularity in the preceding period, received attention in many statutes. Laws requiring the teaching of European history in some form were found in Vermont, Indiana, Ohio and Missouri, and economics was prescribed in the laws of Oklahoma and Vermont.

Certification of Teachers

The tendency to enlarge and enrich the social studies curriculum was more evident in the requirements for teachers’ certificates than in the courses of study prescribed by law. These requirements, in general, included ancient, medieval and modern history, general history, English history, economics and sociology, besides civil government, state history and history of the United States. Especially was there an increased offering of subjects for high school teachers. In the elementary and county licenses only civics and United States history were required with the greatest frequency. Among those states which passed new laws or reënacted old legislation offering ancient, medieval or modern history were California, Idaho, Oregon, Minnesota, Wisconsin, Ohio, Missouri, and Texas.175 English history appeared among the subjects in the laws of Idaho, Nevada, Kansas, and Wisconsin;176 general history was one of the requirements for certification in the laws of West Virginia, Ohio, Arkansas, Louisiana, Texas, Illinois, Minnesota, Nebraska, South Dakota, Utah, Nevada, Washington, and Idaho.177

Economics, or, as it was more commonly known, political economy, was prescribed in Iowa, Nebraska, and Wyoming.178 South Dakota permitted for examination either sociology or economics,179 and Wisconsin and Arkansas insisted upon a knowledge of “rural economics.”180 “Current events” or “current history” were among the requirements of South Dakota in her law of 1919, and of Nevada, in 1907, and in 1921, for certification of primary, grammar and high school classes.181

State history and the study of the state constitution received recognition in the requirements of Pennsylvania, Delaware, West Virginia, Kentucky, Mississippi, Alabama, Oklahoma, Texas, Wisconsin, South Dakota, Illinois, Kansas, and New Mexico.182

Of all of the social studies required for certification, however, United States history and civil government were the most popular, being prescribed in some law in every state excepting Arizona.183 In some of the states where there was no special enactment prescribing United States history or civics, the examining board may have been given the privilege of naming the subjects for examining the candidates, or, through custom, they may have become a part of the subjects in which examinations were held. It is also true that colleges and normal schools have taken over the preparation of teachers in the subjects which they are to teach, making unnecessary many of the examinations previously held.

Flag Legislation and Observance Days

A means of implanting patriotism in the pupils of the public schools has been legislation pertaining to the display of the American flag, the development of a proper attitude toward it, and the singing of the national anthem. Ten states gave expression to this form of training for patriotism in this period. Similar to such enactments was the legal provision made for the observance of the birthdays of great men and the commemoration of historic events by classroom exercises. In addition, there was a constantly growing number of legal holidays upon which no school was in session.184

Laws respecting the flag were, and are, of three general kinds: (1) that each school must possess a flag for display in a conspicuous place, (2) that proper respect for the flag be taught, and (3) that suitable exercises be engaged in at definitely stated intervals. This last type of law often proves the occasion for the reciting in unison of the salute to the flag, the so-called “American Creed,” or the preamble to the Constitution. In the second variety of law a pledge of allegiance is the keynote of the sentiment expressed, such as: “I pledge allegiance to my flag and to the Republic for which it stands; one nation indivisible, with liberty and justice for all”; or, “We give our hearts and our hands to God and our Country; one country, one flag, and one language.”185

In 1898, New York enacted “flag” legislation which had the three-fold characteristics of such laws. Within the next few years this law was followed by statutes of like kind in Massachusetts, Indiana, Iowa, and Arizona. However, as later legislation appeared, it took on a more elaborate phraseology, with a more open avowal of patriotic purpose.186 This is well illustrated by an act of 1909 in Indiana, which ordered that “the state board of education shall require the singing of the ‘Star Spangled Banner’ in its entirety in the schools of the state of Indiana, upon all patriotic occasions,” with the necessary admonition “that the said board of education shall arrange to supply the words in sufficient quantity for the purposes indicated therein.”187

“An Act to provide for the display of the United States flag on the school houses of the state, in connection with the public schools, and to encourage patriotic exercises in such schools,” became a law in Kansas, March 7, 1907. By this act the state superintendent was instructed to prepare a program for the salute to the flag at the opening of each day of school, as well as “such other patriotic exercises as may be deemed by him to be expedient.”188

Relying upon the governor’s proclamation, New Jersey, in 1915, set aside the week of September sixth to thirteenth for appropriate exercises to be held, at least one day in the interval named, by schools and churches in commemoration of the one hundredth birthday of the national anthem.189

In her Revised Statutes which took effect on January 1, 1917, Maine incorporated a flag law evolved from enactments of 1907 and 1915, whereby superintendents of schools were directed to display the flag from public school buildings on suitable occasions. Towns were directed to appropriate annually “a sufficient amount to defray the necessary cost of the display of the flag,” and it was made “the duty of instructors to impress upon the youth by suitable references and observances the significance of the flag, to teach them the cost, the object and principles of our government, the great sacrifices of our forefathers, the important part taken by the Union army in the war of eighteen hundred sixty-one to eighteen hundred sixty-five, to teach them to love, honor and respect the flag of our country that cost so much and is so dear to every true American citizen.”190

Closely akin to the enactments respecting the flag and patriotic exercises were those designating days for special patriotic observance.191 Laws providing for the establishment of Memorial Day are of such a character. In general, Memorial Day legislation was sectional in character and acclaimed the results of the Civil War from the Northerner’s standpoint. In 1886, the Kansas legislature, moved by patriotic feeling, had resolved to observe the day in fitting manner, inasmuch as “during the past ten or twelve years the loyal people of the United States, inspired by a sentiment of reverent respect for the memory of our heroic dead, have by spontaneous consent, dedicated the thirtieth day of May of each year to ceremonies in honor of the soldiers who cheerfully sacrificed their own lives to save the life of the republic. ‘They need no praise whose deeds are eulogy,’ and nothing that we can now say or do will add to the glory or brighten the fame of the gallant host who, a quarter of a century ago, came thronging from farms, workshops, offices and schools, to fight, to suffer and die for the Union and freedom. But the story of their sublime self-sacrifice, and their dauntless courage, should be kept forever fresh and fair in the hearts and minds of the young, until the end of recorded time. So long as men and women teach their children to revere the memory of patriot heroes, so long as the peaceful present honors and emulates the example of the war-worn past, there need be no fear that the dead have died in vain, or that ‘a government of the people, by the people, for the people,’ will perish from the earth. The steadily growing popularity of Memorial Day, and the universal interest taken in its beautiful ceremonies, is one of the most hopeful developments of American sentiments.”192

Conceding the importance of a proper recognition of Memorial Day, Vermont in 1894 appointed the last half day’s session before May the thirtieth for exercises “commemorative of the history of the nation during the war of the Rebellion, and to patriotic instruction in the principles of liberty and the equal rights of man.” The popularity of this law is attested by its continuance on the Vermont statute books in her Compilation of 1917.193

In 1890, Massachusetts, and in 1897, New Hampshire established in these commonwealths the custom of observing May the thirtieth by exercises of a patriotic nature in the schools.194 New York, in 1898, Arizona in 1903, and Kansas in 1907, also subscribed to the sentiment which dictated that Memorial Day be given special recognition.195

The birthdays of Lincoln and Washington were also given recognition by New York in 1898, Arizona in 1903, and Kansas in 19O7.196 The year 1909 witnessed an expression of patriotic enthusiasm over Lincoln’s contribution to the American nation, awakened, no doubt, by the centenary of his birth. During this year California, Maine, and New Mexico prescribed special observance of February the twelfth. Rhode Island followed in 1910, West Virginia in 1911, with Vermont in 1912 and in 1917.

“February 12, the birthday of Abraham Lincoln is hereby declared a legal holiday,” stated the law of California, which is typical of others of this group, “provided, however, that all public schools throughout the state shall hold sessions in the forenoon of that day in order to allow the customary exercises in memory of Lincoln; and provided further, that when February 12 falls on Sunday, then the Monday following, shall be a legal holiday and shall be so observed; and provided still further, that when February 12 falls on Saturday such exercises in the public schools shall take place on the Friday afternoon preceding.”197 In Rhode Island, the day was called “Grand Army Flag Day,” and was, in 1914, still one of those days upon which special exercises were held.198

Michigan prescribed the reading of the Declaration of Independence to all pupils in the public schools above the fifth grade upon the twelfth and twenty-second of February, and upon the twelfth of October, with an obviously patriotic intent, in her legislation of 1911.199 Washington’s birthday occasioned legislation in Maryland in 1904 and in Maine in 1913, as a day suitable for the propagation of patriotism.200

In the latter state Columbus Day, October 12, was included in those observance days upon which exercises should “aim to impress on the minds of the youth the important lessons of character and good citizenship to be learned from the lives of American leaders and heroes and from a contemplation of their own duties and obligations to the community, state, and nation of which they constituted a part.”201 Columbus Day received the recognition of several other state legislatures, Michigan, West Virginia, Louisiana, and Oregon especially setting it aside for patriotic purposes.202

Flag Day, likewise, was deemed worthy of observance. New York in her legislation of 1898, Arizona in 1903, and Kansas in 1907 included it among those days set aside for special exercises in the schools.203 Connecticut decreed, in 1905, that the governor, annually in the spring, should designate by official proclamation the fourteenth day of June as Flag Day, upon which “suitable exercises, having reference to the adoption of the national flag be held in the public schools.”204

In 1906, a proclamation of the governor of New Jersey, couched in grandiloquent phraseology, recommended that suitable exercises be held in the public schools for commemorating the birthday of the American flag. It urged a more extended knowledge of the flag’s history. “The history of our flag is the history of the growth of our nation,” he proclaimed, “and the celebration of the anniversary of its birth is not only a patriotic duty but an educational privilege. On the day of its inception it stood as an emblem of the unity of a few modest little colonies. To-day it is the symbol of a mighty nation. It has floated over many a battlefield, inspiring the sons of patriotism with a courage and strength that made possible the triumph of the right and the preservation of the Union. It has been carried to far distant lands and has aroused the enthusiasm of thousands to whom its advent meant emancipation from cruelty and oppression.”205

Reminiscent of the local history movement of the decades following the Civil War was legislation prescribing the celebration of days of interest peculiar to different states. In 1897, Massachusetts passed a resolution recommending to the governor that he issue a proclamation to public school teachers suggesting commemorative exercises for the centennial of the inauguration of “John Adams of Massachusetts,” in order “to impress upon their pupils the significance of the inauguration of the president of the United States and the importance of the part sustained by the commonwealth in American history.”206

“Rhode Island Independence Day” was acclaimed in 1909, for May the fourth. At this time, so the statute read, the celebration of the “first official act of its kind by any of the thirteen American colonies” in a declaration of sovereignty and independence took place. From the date of the passage of the law, every fourth of May in the future, it was determined, should become the occasion for the salute of thirteen guns by detachments of the state artillery, at all places in the state where artillery was stationed, besides a display of state and national flags, as well as patriotic exercises in the public schools.207

March the eighteenth assumed a distinctive place in the school calendar of South Carolina by a law enacted in 1906, being known as “South Carolina Day.” The selection of this date sprang from a desire to honor John C. Calhoun, and from the hope that an observance of this day would “conduce to a more general knowledge and appreciation of the history, resources and possibilities of the State.”208 In like spirit Georgia, in 1909, endeavored to awaken local pride in the pupils of the public schools by a celebration of “Georgia Day” on February twelfth, “as the landing of the first colonists in Georgia under Oglethorpe.”209 Confederate heroes received special tribute by patriotic exercises on January nineteenth, the birthday of Robert E. Lee, through a law of Arkansas. The program of exercises, the law prescribed, should deal with events connected with the life of General Lee and “other distinguished Southern men” with attention to those men of renown in civil and military life.210 In Maryland, the state board of education, by a law of 1904, was given the privilege of naming a time suitable for the observance of “Maryland Day.”211

“The geography, history, industries and resources” of Minnesota, through a law of 1911, received especial attention in the public schools on “Minnesota Day.”212 Montana, through a celebration of “Pioneer Day” endeavored to instruct in the pioneer history of the region.213 Missouri paid homage to her state history in a law of 1915 through observance by teachers and pupils on the first Monday in October. At this time, the law prescribed the “methodical consideration of the products of the mine, field and forest of the state” and the “consideration of the achievements of the sons and daughters of Missouri in commerce, literature, statesmanship and art, and in other departments of activity in which the state has rendered service to mankind.”214 The American Indians, through a law of 1919, in Illinois, were likewise deemed worthy of commemorative exercises.215

The persisting desire of the lawmaker to instil patriotism, either local or national, in pupils in the public schools has been the incentive for laws respecting the flag and observance days. Local pride is evident in the Northern laws for the observance of Memorial Day and the birthday of Lincoln; whereas in the South a sectional interest is shown in days memorializing the heroes of their section. The Middle and Far West have also attempted to inculcate local pride. There is a dearth of legislation in the Southern states for the commemoration of Flag Day by special exercises, but Washington and Columbus have been accorded homage by both the North and the South.

Textbook Legislation

Textbook legislation from 1900 to 1917 followed the trend of other legislation of the time. As the curriculum of the social studies expanded, laws dealing with textbooks were made to include more subjects for which there was to be a uniform series selected. State history and civil government, both local and national, as well as foreign history and other social studies, were found more frequently among the subjects enumerated. The reaction which had set in against the enforced nationalism of the Reconstruction period in the South continued to express itself in those states in which there had hitherto been no open remonstrance.

In 1904, the Mississippi legislature instructed the textbook commission to select a uniform series of textbooks in United States history, civil government, state history and other subjects, and took occasion to prescribe that “no history in relation to the late civil war between the states shall be used in the schools in this state unless it be fair and impartial,....”216

Presumably of like character was the action of North Carolina in 1905. In “An Act to Promote the Production and Publication of School Books relating to the History, Literature or Government of North Carolina for use in the Public Schools,” there was appropriated $5,000 for the years of 1905 and 1906 for the state board of education “to encourage, stimulate and promote the production and to procure the control and publication of such books as in the judgment of the board properly relate to the history, literature and government of North Carolina.”217

Florida’s sectionalism was openly avowed in her “Act for Providing a Method of Securing a Correct History of the United States, Including a True and Correct History of the Confederacy, and Making an Appropriation for such Purpose.” The act declared: “Whereas, no book called History, which does not tell the truth or withholds it, is worthy of the name or should be taught in public schools; and,

“Whereas, the South is rich in historical facts that are either ignored or never mentioned in the so-called histories taught in our schools; and,

“Whereas, the Southern States have been derelict in their duty to posterity in not having provided for past and future generations a history that is fair, just and impartial to all sections”; therefore it was enacted that Florida appropriate $1500 as her share toward a fund of $16,500 to be offered as a prize to the person writing the “best history of the United States in which the truth about the participation of the eleven states” be told.218

In the creation of a textbook board in 1907, Texas regarded it essential that a uniform series of books be selected among which there should be textbooks on the history of Texas, civil government and United States history, in which “the construction placed on the federal constitution by the Fathers of the Confederacy shall be fairly presented.”219

A uniform series of textbooks not of a partisan character were prescribed by laws in Georgia, Alabama, Mississippi, and Kansas, and included the subjects of United States history, state history, and civil government.220 Louisiana, Indiana, and Kansas added ancient, medieval and modern history textbooks to others previously prescribed.221 In 1901 Nevada included the history of the United States among the textbooks to be prescribed by the state board of education,222 and Idaho, in 1907, imposed the choice of a civil government textbook and one in United States history upon her State Board of Textbook Commissioners and the superintendent of public instruction.223 In 1913, California directed her state board of education to revise the state series of textbooks which included United States history.224

Three states, Ohio, New Mexico, and West Virginia placed laws upon their statute books regarding state history, Ohio accepting Howe’s Historical Collections of Ohio as a reference book,225 and New Mexico limiting to one dollar a volume the price of a state history which was to be prepared by a “known historian of the state.”226 Davies’ Facts in Civil Government, by an act of 1901 of West Virginia was again endorsed and the price fixed at 55 cents.227

Four states, during the period, in addition to three commonwealths which named “partisan” textbooks, enacted laws to exclude histories held to be sectional in spirit. Legislation in all other cases dealt with provisions for a uniform series of textbooks. The statutes of Louisiana, Indiana, and Kansas showed the expansion of the social study curriculum in providing for textbooks in ancient, medieval and modern history. Georgia, Alabama, Mississippi and Kansas regulated the purchase of textbooks in state and national history and in civics. In California, Ohio, New Mexico and West Virginia provisions were made relative to state history textbooks, and Idaho and Nevada in their laws recognized a need for textbooks in civil government or United States history.

Chapter IV — The Effect of the World War on Laws for Teaching History

The Curriculum

When the Fathers of New England adopted the famous laws of 1642 and 1647, they acted on the belief that by the school the character of the nation can be moulded. Throughout nearly three centuries of development the confidence of the American people in the regenerating power of the public school has grown. They have come to hold high faith in education as an effective tool for the conservation and promotion of national well-being. In each epoch, the school has attempted to accommodate its offerings to the demands of the time, thereby reflecting the needs of a people whose point of view is constantly changing. First conceived as a force in the religious life of the people, the school soon became an instrument for the development of “morality, virtue and good behavior.” The latter eighteenth century captured the vision of a people fired with patriotism and service to the state, and then by a citizenry trained to “preserve and perfect a republican constitution.” The occasion of a diverse and scattered electorate caused by the democratic awakening of the Jacksonian era compelled acceptance of the theory that it was a duty of the state to provide education for all. After the Civil War, a renewed faith in nationality and a realization of the economic and social demands of the time left their imprint upon the public school curriculum.

The opening of the twentieth century witnessed the expansion of the “citizenship aim” to include training for efficient participation in a complex social and industrial life. Since then, many traditional subjects of the previous period have been superseded by those tending to give point to the new aims in education; and of the traditional subjects retained many have been refashioned to fit a new and present-day point of view.

This wider horizon has tended to encourage to a greater degree than hitherto the introduction of many social studies, including economics, sociology and foreign history. Although encumbered with survivals, the history curriculum of the twentieth century has sought independence of purely political and military events and has striven for a scientific presentation of historical truths which should fit for “complete living.” This new viewpoint was well exemplified in the report of a committee of the National Education Association in 1916, which proposed a six year course in the social studies from the seventh to the twelfth grades, stressing the teaching of practical and present-day problems.228

Shortly thereafter the United States entered the World War. America at once faced not only the necessity of mobilizing the economic and military resources of a country unprepared for war, but also that still more difficult problem—the consolidation of public opinion. Various agencies were created for the express purpose of coördinating the spiritual resources of the country. Such was the design of the Committee on Public Information. Speakers and writers gave freely of their talents, and “hyphenism” and pacifism were driven to cover. The Espionage Law betrayed the apprehension of the federal government regarding unbridled speech and writing, and sedition laws in different commonwealths served to arrest an open opposition to the War.

Following the War the fear of radicalism and disloyalty to the established institutions of the country continued to express itself in drastic legislation. In the public schools, the desire to develop an unalloyed patriotism proved the motive for the passage of statutes to promote a dynamic loyalty. In general, these laws relate to the teaching of patriotism through instruction in the history and government of the United States, open affirmations of loyalty by the teaching personnel, the exclusion of alien teachers from the public schools, flag legislation and observance days, enactments regarding textbooks, and the Americanization of foreigners. Practically all legislation since 1917 dealing with the curriculum contains provisions pertaining to the social studies, and the greater amount reflects the wartime glow of patriotic enthusiasm.229

In 1917 three states passed regulatory provisions respecting the curriculum. Vermont’s legislation dealt with four-year high schools and required the teaching of the political and social sciences.230 On February 17, Montana approved a law which called for instruction in United States history, the history of Montana, and state and federal civics among other required subjects for the elementary school, and three days later Arkansas approved a similar law.231 New Hampshire, Connecticut, Pennsylvania, Kentucky and Texas continued laws enacted at a previous time,232 and Delaware, through legislation in 1919 gained the unique distinction of prescribing “community civics” besides the history of the nation and of the state.233 Alabama and Georgia under laws designed primarily to prescribe a uniform series of textbooks included in the list of studies for which textbooks were mentioned, the history of the state embracing the constitution of the state, and the history of the United States with the constitution.234 In Tennessee, to the requirement of United States history for the elementary schools, was added in 1917 the study of the federal constitution in the secondary school curriculum.235 Texas placed distinct emphasis upon the teaching of state history through a regulation insisting that this “history be taught in the history course in all public schools” and “in this course only.”236 The popularity of civil government, state history, and United States history is further proved by South Dakota’s prescription in 1919.237

Laws for dynamic patriotism were initiated by a statute of California in 1917. One of the mildest of the laws of this type, its chief purpose was training in the duties of citizenship through the study of United States history, with special reference to the history of the Constitution and the reasons for the adoption of each constitutional provision. Instruction in local civil government was provided for as well, with a specific statement regarding instruction in the duties of citizenship.238

In 1918, South Dakota, Texas and New York placed upon their statute books laws that were likewise a direct outgrowth of the war spirit. In the first two states, patriotism, the laws declared, should spring from lessons of “intelligent patriotism” inculcated by special exercises. The South Dakota law specified an hour a week in the aggregate, to be devoted in both public and private institutions “to the teaching of patriotism, the singing of patriotic songs, the reading of patriotic addresses and a study of the lives and history of American patriots.” Should an instructor, school officer or superintendent fail to enforce obedience to the law the statute provided for a fine of not less than five dollars nor more than one hundred dollars, or imprisonment in the county jail from five to thirty days, or both. In the case of the malfeasance of a teacher, the superintendent of public instruction had the power to revoke his certificate.239

In Texas, the law declared that “the daily program of every public school should be so formulated that it includes at least ten minutes for the teaching of lessons of intelligent patriotism, including the needs of the State and Federal Governments, the duty of the citizens to the State, and the obligation of the State to the citizen.”240 The statute concluded with this statement: “The fact that this nation is now at war with a foreign foe, and that the strength of a government of the people, by the people, and for the people must necessarily come of its citizenship, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended and that this act shall be in force from and after its passage, and it is so enacted.”241

New York’s statute, known as the Lusk Law, is the most conspicuous of all of the laws of this period because of its drastic character and its later applications. This law became effective September 1, 1918. The phase of the law relating to instruction had two parts: one prescribing courses of instruction in patriotism and citizenship, the other specifying rules for inspection, supervision, and enforcement of the law.

“In order to promote a spirit of patriotic and civic service and obligation and to foster in the children of the state moral and intellectual qualities which are essential in preparing to meet the obligations of citizenship in peace or in war,” the law declared, “the regents of the university of the state of New York shall prescribe courses of instruction in patriotism and citizenship to be maintained and followed in the schools of the state. The boards of education and trustees of the several cities and school districts of the state shall require instruction to be given in such courses, by the teachers employed in the schools therein. All pupils attending such schools, over the age of eight years, shall attend upon such instruction.”

The statute further prescribed similar courses of instruction for private schools, and was required of all pupils over eight years of age. In case such courses were not maintained in the private school, attendance upon instruction in such school was not deemed equivalent to instruction given to pupils of like age in the public schools.

The law empowered the regents of the University of the State of New York to determine the subjects to be included in courses in patriotism and citizenship, and to arrange such other matters as were required for carrying into effect the objects and purposes of the law. The commissioner of education was made responsible for its enforcement, and to him fell the supervision and inspection of instruction. He was given authority at his discretion to withhold, from a school district or city, school money, if the authorities neglected such courses or failed to compel attendance upon such instruction.242

In 1918, Massachusetts subscribed to training in the duties of citizenship, including United States history, civil government, and thrift in her public schools; and two years later, in a statute relating to all elementary and secondary schools, she prescribed “courses in American history and civics for the purpose of promoting civic service and a greater knowledge of American history and of fitting the pupils, morally and intellectually, for the duties of citizenship.”243

In 1919, New Jersey, Pennsylvania, Ohio, Iowa, Kansas and Washington passed laws of like character. Although each embodies certain distinctive features, yet all assert a belief in the study of American history and government as a preparation for a patriotic citizenship.

The New Jersey law contains concrete requirements. In each high school, courses of study in “Community Civics” and in “Problems in American Democracy” were prescribed through the agency of the Commissioner of Education, with the approval of the State Board of Education. The law required that “Community Civics” be completed not later than the end of the second year, and the course in “Problems of American Democracy” be commenced not later than the beginning of the third year. Sixty full periods of not less than forty minutes each were specified for the teaching of these subjects. For the elementary grades, the geography, history and civics of New Jersey were prescribed. These courses of study, the law provided, “shall be given together with instruction as to the privileges and responsibilities of citizenship as they relate to community and national welfare with the object of producing the highest type of patriotic citizenship.”244

In Pennsylvania, too, it has become a duty of the state superintendent of public instruction to prescribe “a course of study conducive to the spirit of loyalty and devotion to the state and national governments,” and for all elementary public schools instruction in the history of the state and nation, including the elements of civil government.245 For the seventh and eighth grades Ohio prescribed civil government and United States history; and Iowa, as a prerequisite to graduation from any high school, required a course in United States history and civil government for one year, as well as the offering of a semester of social problems and economics in a four-year high school. In Kansas, where the course in civil government and United States history was designed for the elementary grades, provision was made, in the case of noncompliance with the law, for the closing of the school by the action of the county attorney or the attorney-general. It was in a like spirit with other commonwealths that Washington declared the “study of American history and American government” to be “indispensable to good citizenship and an accurate appreciation of national ideals.”246 A similar provision, with the aim of promoting “Americanism” and in training in the “ideals and principles underlying the government of the United States,” met defeat in Maryland in 1920 by the veto of the governor.247

The year 1921 was particularly prolific in legislation of a wartime character. A variety of expression but a unity of purpose continued to be in evidence. Laws were enacted in Maine, New Hampshire, Wisconsin, Michigan, Illinois, Iowa, Nebraska, Oklahoma, Colorado, Utah, Arizona, Nevada, New Mexico, and California.

The Maine statute prescribed the teaching of American history and civil government in all elementary and high school grades, both private and public, and made these subjects a requirement for graduation from all grammar schools.248 The law of her neighbor, New Hampshire, required the reading of the constitution of the United States and of New Hampshire “at least once a year in the last grade below the high school.”249

In line with the other states Michigan declared, by a statute of May 17, 1921, that the study of the state and federal constitutions should begin not later than the eighth grade and continue throughout the high school course to an extent to be decided upon by the state superintendent of public instruction.250 In Wisconsin, provision was made for instruction in the history and civil government of the United States and of Wisconsin, and in citizenship,251 and Illinois, on June 21, 1921, passed “An Act to make the teaching of representative government in the public schools and other educational institutions in the State of Illinois compulsory.”252 This law endorsed the teaching of patriotism through a knowledge of “the principles of representative government, as enumerated in the Declaration of Independence and the Constitution of the United States and the Constitution of the State of Illinois,” and was required in all schools maintained in whole or in part by state funds. The law provided, also, for one hour of such instruction each week in the seventh and eighth grades, with an equal amount of time in the high school.

On March 31, 1921, Iowa added to her requirements a provision that all public and private schools should give regular courses of instruction in the constitution of the state and nation, beginning not later than the eighth grade and continuing in the high school to an extent to be determined by the superintendent of public instruction. A Nebraska statute of that year established for all schools courses in American history and civil government to give “a thorough knowledge of the history of our country and its institutions and of our form of government.”253

In Oklahoma, instruction in American history must commence in the primary grades of all schools, both public and private, beginning with the lowest and continuing through all primary years, with the privilege of substituting state history in one of the grades. For this instruction, there should be allotted at least one hour each week. It was specifically stated that the purpose of the statute was to instil in the hearts of the pupils “an understanding of the United States and of a love of country and devotion to the principles of American government,” and that “such instruction... shall avoid, as far as possible, being a mere recital of dates and events.” For the high school, at least one full year’s work in American history and civics was required, and no college, normal school, university or chartered institution of learning in the state was allowed to confer a degree until a student had passed a course in American history and civil government.254

The social study requirement of Colorado for her public schools consisted of the history and civil government of the state,255 and Arizona in her law specified that not less than two years’ instruction in civics, economics, and American political history and government be provided for all common schools, high schools, normal schools and universities.256 Nevada, in her enactment of February 24, compelled all schools including colleges, save exclusively scientific schools, to teach American history, history of the state, and American civil government.257 Included as a part of this law was a provision for patriotic exercises for at least an hour in each school week. New Mexico, declaring that the passage of a law prescribing the teaching of national and state history and government was “necessary for the public peace and safety,” made the statute effective immediately,258 and California again essayed an endorsement of the history of the state and nation with emphasis upon the adoption of the Constitution.259

In 1922 the commonwealth of Virginia enacted a law similar to those passed the previous year in fourteen other states. By this statute, pupils enrolled in the public free schools are taught civil government, history of the United States and the history of Virginia. The 1922 session of the Rhode Island legislature adopted much the same kind of a provision for all public and private schools by making obligatory the teaching of the principles of popular and representative government and the history of Rhode Island.260

An adherence to the early method of endorsing the teaching of patriotism characterized enactments in Idaho, Nevada, and Utah. In the last state, instruction “tending to impress upon the minds of the pupils the importance and necessity of good manners, truthfulness, temperance, purity, patriotism, and industry,” was prescribed in connection with the regular school work.261 Nevada, four years before the passage of Utah’s law, provided for civic training in her high schools, whose purpose was to “inculcate a love of country and a disposition to serve the country effectively and loyally,” both in times of peace and of war.262

Idaho, through the office of the teacher, continued the practice of prescribing the teaching of patriotism as a duty of the teacher through that intangible method of impressing upon the minds of the pupils “the principles of truth, justice, morality, and patriotism.”263 Wisconsin, also, sanctioned moral instruction through training by the teacher.264

Since 1923, nineteen states have passed laws affecting the social study curriculum. In general, their purpose is to instil “into the hearts of the various pupils... an understanding of the United States,... a love of country, and... a devotion to the principles of the American Government.”265

Through statutes passed in 1923, Arkansas, Mississippi, Ohio, Tennessee and West Virginia require the teaching of United States history and the Constitution; and Kansas adopted the same requirement in 1925.266 Instruction in the federal constitution is prescribed in Alabama, Idaho, New Jersey, Oregon and Utah by enactments in 1923, and in New York by a law of 1924. Statutes in Delaware and North Carolina267 require the study of the constitutions of the nation and the state, and Texas adds to that regulation a recommendation that special emphasis be placed on “the guarantees contained in the Bill of Rights.”268 The Minnesota law prescribes for all schools “regular courses in the Declaration of Independence and the Constitution of the United States, to an extent to be determined by the State Commissioner of Education.”269 In New Mexico a similar enactment requires an understanding of the Declaration of Independence, as well as a knowledge of state and national history and government.270

For her schools California establishes “regular courses of instruction in the constitution of the United States, including the study of American institutions and ideals,” and Georgia adopts a similar requirement adding the study of state government. In both states it is provided that no pupil shall receive a certificate of graduation who has not passed satisfactorily examinations in the required subjects.271

Substantially all these enactments provide that instruction in the required subjects shall begin in the elementary grades, continue in the high school and in courses in state colleges, universities and educational departments of state and municipal institutions to an extent to be determined by the superintendent of public instruction or by the state board of education.272

Endorsement of the study of the Constitution was given by Congress in March, 1925, when the Senate passed a House resolution expressing “the earnest hope and desire that every educational institution, whether public or private, will provide and maintain as a part of the required curriculum, a course for the study of the Constitution of the United States....”

The many laws enacted during the years following the World War are indicative of the high value placed upon the social studies as an essential part of education. Besides laws requiring the teaching of these subjects purely for their content, many enactments express a high faith that the social studies will serve to inculcate patriotism and to train for citizenship. Forty-three commonwealths have engaged in legislation of this character since 1917, and all states have at some time endorsed history as a required subject in the public schools.273

Oaths of Allegiance and Citizenship for Teachers

Few laws requiring American citizenship and oaths of allegiance, in the case of teachers, appeared on the statute books prior to 1914. The World War precipitated the movement for enactments which insist upon an openly avowed loyalty, as well as upon a teaching personnel consisting of citizens only.274

In 1915, three states enacted anti-alien laws for teaching. A Michigan statute required a teacher, if twenty-one years of age, to be a citizen of the United States.275 Nevada directed the superintendent of public instruction, the regents of the state university and school trustees to dismiss “any teacher,..., professor or president employed by the educational department of this state who is not a citizen of the United States; or who has not declared his or her intention to become a citizen.” The law forbade any state controller or county auditor to issue salary warrants to the persons mentioned, in case of non-citizenship.276

In California a law of 1915 prescribed that “no person except a native-born or naturalized citizen of the United States, should be employed in any department of the state, county, city and county or city-government of this state.” An exception, however, was made in favor of teachers who had declared their intention to become naturalized and of any native-born wife of a foreigner.277

In 1917, the one hundred and fortieth session of the New York legislature gave its assent to a bill which has become known as one of the Lusk laws. This law reflects precisely the same sort of apprehension which moved some of the legislators of the Civil War period. It became the precursor of three others of a like nature, one in 1918, one in 1919, and one in 1921. The law of 1917 related to treasonable or seditious utterances by teachers, the second and third to the granting of teachers’ licenses to citizens only, and the fourth to the employment of teachers who have criticized the government of the United States.

The law of 1917 relating to freedom of speech prescribed that “a person employed as superintendent of schools, teacher or employee in the public schools,... shall be removed from such position for the utterance of any treasonable or seditious act, or acts, while holding such position.”278 The laws of 1918 and 1919 made citizenship an essential qualification for becoming a teacher. Any person employed as a teacher on April 4, 1918, however, who was not naturalized, was given permission to remain in his position provided he, within a year, should make application for citizenship. The law of 1919 exempted from the foregoing requirement teachers who were citizens of the Allied Powers in the World War, and who had been employed as teachers in the New York schools on or prior to April 4, 1918, provided that “such teacher make application to become a citizen before the first day of September, 1920, and within the time thereafter prescribed by law shall become such citizen.”279

The third link in the chain of constraint was an enactment which declared that an applicant, even though a citizen, must be “a person of good moral character” and must be “loyal and obedient to the government of this state and of the United States,” in order to obtain a license to teach. For “no such certificate shall be issued to any person who, while a citizen of the United States, has advocated either by word of mouth or in writing, a change in the form of government of the United States or of this state, by force, violence or any unlawful means.” The statute provided that the discovery that a teacher were guilty of any of the prohibitions mentioned, made him liable to a revocation of his certificate through the commissioner of education.280 The sum of $15,000 was appropriated to carry the act into effect.281

Much discussion and agitation attended the Lusk laws after their passage and in the attempts at their enforcement, for many believed that the right of free speech was endangered by such measures. In 1923, under considerable pressure, the legislature revoked the statute, and Governor Alfred E. Smith affixed his signature to the repeal.

Laws similar to the statutes passed by New York are found in Ohio, Michigan, West Virginia, Tennessee, Oklahoma, Nebraska, South Dakota, Nevada, Idaho, Montana, and Washington. In 1919, Michigan, Nebraska, Tennessee, Montana, and Washington enacted statutes requiring that all teachers of the public schools must be citizens of the United States, and Idaho retained upon her statute books a law of 1897 which had the same intent. The same action was taken by North Dakota in 1921. In addition to those engaged as instructors in the public schools, Nebraska included teachers in private and parochial institutions. In Washington, California and Michigan the privilege of a license was granted to those aliens who declared their intention of becoming citizens, and in Washington, there were added to the proscribed group, those teachers whose certificates or diplomas had been revoked on account of a failure to impress upon the minds of the pupils “the principles of patriotism or to train them up to a true comprehension of the rights, duty, and dignity of American citizenship.”282

An open declaration of loyalty and of an intention to inculcate patriotism in their pupils was required of all teachers by Ohio in a law of 1919, by Colorado, Nevada, Oklahoma, Oregon, and South Dakota in 1921. Ohio, Colorado, Oklahoma, Arizona, and South Dakota made it incumbent upon teachers not only in the public schools, but in private and parochial schools, to take an oath to support the constitution of the state and of the United States and to obey their laws. Ohio insisted upon an “undivided allegiance to the government of one country, the United States of America,” and Colorado and Oregon sanctioned the same form.283 Nevada required of teachers the oath in her constitution, prescribed for all public officers.284 In Oklahoma, any teacher violating the law, or any person or officer paying out any school funds to a person teaching without subscribing to the oath, was deemed guilty of a misdemeanor. Upon conviction such a person was penalized by a fine of not less than one hundred or more than five hundred dollars, or imprisonment in the county jail from sixty days to six months, or both.285 Oregon, upon conviction, prescribed a maximum fine of one hundred dollars for non-enforcement of the law.

In West Virginia, a law of 1923 has enjoined upon all teachers, at the time of signing a yearly contract, an oath to support the constitution of the United States and West Virginia.286

In addition to the regulations imposing an oath of allegiance on teachers, South Dakota, like Washington, in her law included a prohibition of treasonable utterances. “Any teacher,” the law declared, “who shall have publicly reviled, ridiculed or otherwise spoken or acted with disrespect and contumacy towards the flag of the United States or its official uniforms or insignia, or towards the system of government of the United States, and its Constitution, or shall refuse to take and subscribe to the oath of allegiance hereinbefore required, shall thereafter forever be disqualified to teach in any public or private school within this state, and the certificate of any such teacher shall be revoked by the superintendent of public instruction upon satisfactory proof of the commission of any such offense.”287

An Oklahoma statute has excluded from all public and private schools of that state persons “guilty of teaching or inculcating disloyalty to the United States or of publicly reviling the flag, or the system of government of the United States.” Yet the statute prescribed that “criticism of any public official shall not be construed as within the purview” of this regulation. California, in a bill relating to American histories and other textbooks which passed the Assembly in 1923, would have leashed her teachers in much the same way. But the bill failed of passage in the Senate.288

The appropriation bill passed by the Sixty-Eighth Congress for the District of Columbia, in 1925, provided that no money should be available “for the payment of the salary of any superintendent, assistant superintendent, director of intermediate instruction, or supervising principal who permits the teaching of partisan politics, disrespect for the Holy Bible or that ours is an inferior form of government.” A similar provision relates to teachers.289

Two states, on the other hand, have passed laws emphasizing a faith in the integrity and patriotism of their teachers. Although their action preceded the legislation of the World War, yet it is significant that there have been no restrictive laws since then in these commonwealths. In 1911, Pennsylvania sanctioned a policy of freedom of thought for her teachers by declaring that “no religious or political test or qualification” should be required of “any director, visitor, superintendent, teacher, or other official, appointee, or employee, in the public schools of this commonwealth.”290 In 1913, the General Court of Massachusetts forbade any school committee, by rule, regulation or other means to restrain or penalize any teacher for “exercising his right of suffrage, the signing of nomination papers, and the petitioning or appearing before committees of the legislature”; but it permitted school committees to forbid a teacher to exercise any of the aforesaid rights, suffrage excepted, on school premises during school hours or where the exercise interfered with the performance of school duties.291 Of great significance was the Massachusetts law of March 17, 1917, which expressly prohibited inquiries relative to the religious or political belief of applicants for positions in the public schools and forbade the rejection or selection of the applicant on such grounds.292

Many commonwealths, however, like New Jersey, have enacted laws pertinent to teachers as citizens, but not openly and avowedly “teacher” legislation. Such a law was approved February 13, 1918, by the governor of New Jersey. It provided that “any person who shall advocate, in public or private, by speech, writing, printing, or by any other means, the subversion or destruction by force of the government of the United States, or of the State of New Jersey, or attempt by speech, writing, printing, or in any other way whatsoever to incite or abet, promote or encourage hostility or opposition to the government of the United States, or of the State of New Jersey, shall be guilty of a high misdemeanor, and on conviction shall be punished by imprisonment for a term not exceeding ten years, or by a fine not exceeding two thousand dollars, or by both fine and imprisonment, in the discretion of the court.”293

Of all legislation dealing with the teaching craft, that which has attempted to control and direct the speech of the teacher has provoked the greatest protest. Our political development has been such that an interference with the free expression of opinion creates the impression that a jealously guarded right has been invaded. It is this feeling which has led to an agitation against such laws, although the fear that a teacher may be an instrument for corrupting his pupils is not a product of recent times either in this country or in world history.294

Flag Legislation and Observance Days

Legislation concerning the flag and special observance days takes on the characteristics of other laws passed since 1917. One of the first “flag laws” was passed in 1918 by Maryland. This law declared as the purpose of its enactment that “the love of liberty and democracy, signified in the devotion of all true and patriotic Americans to their flag and to their country, shall be instilled in the hearts and minds of the youth of America.”295 Two years later, when the tide of legislation for encouraging patriotism was at full flood, a law embracing all schools through institutions of higher learning passed the legislature. By this statute all public and private schools, with the exception of professional schools, were required to open their exercises “on at least one day of each school week, whether morning, afternoon, or evening, with the singing of the ‘Star Spangled Banner.’”296

Reverence and respect for the flag was the purpose of Oklahoma’s statute in 1921. To insure obedience to the law, which was applicable to all public, private, parochial and denominational schools, the penalty of imprisonment or a fine could be imposed upon an offender. “Any teacher,” affirmed the law, “neglecting to display said flag or carry out said ceremonial, or any person forbidding or hindering the display of said flag or the carrying out of said ceremonial shall be subject to discharge or removal and shall also be punished by a fine of not less than one hundred dollars or more than five hundred dollars, or by imprisonment in the county jail for not less than sixty days and not more than six months, or both.”297

Minnesota, in passing “An act to provide for the teaching in all the common, graded, and high schools of this state of exercises tending to promote and inculcate patriotism,” was actuated by a like motive in 1917. Here a half hour daily must be devoted to patriotic exercises in all public schools, and every teacher should, by special exercises and by the teaching of subjects especially suitable, encourage and inculcate the spirit of patriotism. Such exercises were to consist of the singing of patriotic songs, readings from American history and from the biographies of American statesmen and patriots.298

Of slightly different character was the agency for propagating patriotism devised by the Alabama legislature in 1919, by which was established the “Alabama Patriotic Society.” This organization, non-political and non-sectarian, essayed as its objects “to stimulate patriotism among the people; to teach the fundamental principles of American institutions, or free government; to develop in the hearts and minds of Alabamans a deeper love of country and reverence for the American flag; to expound the underlying principle of self-determination; to immortalize the heroes who have brought fame and renown to Alabama by reason of their courage and leadership in all the great wars, in which Alabamans have engaged; to teach the people to love their State, to respect her laws and to support the Constitution of both the State and Federal Government; to bring the people together to the end that unity of purpose and solidarity may be promoted; to hold discussions of patriotic and political questions affecting the general welfare of the whole people, and to issue educational pamphlets and matter to aid in carrying the purpose of the society fully into effect.”299

In North Carolina, October twelfth has been set aside for appropriate exercises in the public schools “to the consideration of some topic or topics” of state history.300 In Oklahoma, November sixteenth has been designated for a like purpose in order to teach “loyalty and patriotism” to state and Union.301

Since 1918, the date November eleventh has become the occasion for a commemoration of the general rejoicing which was caused by the signing of the Armistice. In the state of Washington, the law has ordained that it shall be “the duty of each teacher in the public schools..., or principal in charge of the school building, to... present a program of exercises of at least sixty minutes in length, setting forth the part taken by the United States and the state of Washington in the world war for the years 1917-1918, and the principles for which the allied nations fought, and the heroic deeds of American soldiers and sailors, the leading events in the history of our state and of Washington Territory, the character and struggles of the pioneers, and other topics tending to instill a loyalty and devotion to the institutions and laws of our state.” West Virginia also has recognized Armistice Day as a time fitting for “appropriate ceremonies.”302

A joint resolution of the legislature of Maryland in 1920 memorialized the President of the United States to designate November eleventh of each year as a day for national thanksgiving. This day, the General Assembly believed, had been “made sacred to the hearts of the American people, in that it was the day on which the world’s greatest tragedy was arrested and the awful pull at the people’s heart strings relaxed,” and on which “there terminated that war which overthrew the inhuman monster who laid blood-hands upon nearly every home of a peace-blest earth.” The world was further assured on this day, the lawmakers declared, that “the struggle of democratic nations for liberty and for righteousness had triumphed over the kultur and the crime of the scientific barbarians, and that autocracy and diabolical tyranny lay defeated and crushed behind the long rows of white crosses which stretch across Europe....” The legislators desired that the day should be the occasion for “strengthening of those noble sentiments of patriotism common to the American people, and to the love for the cause for which the sons of Maryland fought and gave their lives in the World War,” and it was recommended that the schools observe the day in a “fitting and impressive manner.”303

An act amending the law relating to holidays in Wisconsin, in 1923 set aside Lincoln’s and Washington’s birthdays for commemorative exercises in the public schools of that state.304 North Dakota took similar action, adding October twelfth and November eleventh for observance except in communities where special exercises were held.305 In Michigan, in addition to observance days previously prescribed, Roosevelt’s birthday, October twenty-seventh, and “Liberty Day,” November eleventh, have been designated for “proper and appropriate commemorative ceremonies.”306

South Dakota, in 1921, declared that Memorial Day should also be known as “Citizenship Day” in that state, at which time each citizen who had become twenty-one years of age during the year, or who had been admitted into full citizenship of the United States during that period, should receive a “citizenship certificate signed by the Governor, attested by the Secretary of State, and countersigned by the Chairman of the Board of County Commissioners of the County in which such citizen resides.” The certificate included the name, age, and residence of the citizen, who also received a “manual of citizenship” containing “the Mayflower Compact, the Declaration of Independence, the Constitution of the United States and of South Dakota,” and “non-political axioms and discussions of the principles of popular citizenship.”307

Such laws were but the outpouring of a dynamic and enthusiastic patriotism, and were considered by the legislator another means of awakening and encouraging a love of country.

Textbook Legislation

Few states since 1917 have passed laws requiring a uniform series of textbooks: North Carolina, Georgia, Florida, Alabama, Arkansas, Tennessee, and West Virginia. In all of these states, except North Carolina, textbooks in local history and in local and national civics were added to the uniform series in United States history.308 In North Carolina the state textbook commission was empowered to select histories for the elementary grades.

The only other legislation of this period, except that designed to censor the content of history textbooks, was the resolution of the Georgia legislature of 1918. This resolution endorsed the preparation of a suitable textbook in civil government. It came from the State Board of Education, who, in 1913, had condemned the textbook then in use and had suggested the readoption of Peterman’s Civil Government, temporarily, until one which would be satisfactory could be prepared. From the action of the legislature in 1918, it is evident that no book had been written which met the approval of the State School Book Commission. The restatement of the resolve of 1913 merely sought to call attention to the need for such a book.309

The outstanding legislation of the period, which deals with history textbooks, results from opening the flood-gates of apprehension regarding the content of school histories. It is the same misgiving which prompted restrictive legislation regarding the speech of the teacher and required an open avowal of allegiance to the government of the United States. Here, again, the vital thing in the mind of the lawmaker is to repress any statements considered by him as likely to undermine American patriotism.

In 1918, New York approved another Lusk law prohibiting the use of any textbook which contained statements seditious in character, disloyal to the United States or favorable to the cause of any enemy country. The law created a commission composed of the commissioner of education and two persons designated by the Regents of the University of the State of New York. To this body any person might present written complaints against textbooks in “civics, economics, English, history, language and literature,” which were then to be examined “for the purpose of determining whether such textbooks contain any matter or statements of any kind which are seditious in character, disloyal to the United States or favorable to the cause of any foreign country with which the United States is now at war.”310 In case the commission disapproved of the book after examination, the law prescribed that the reasons be forwarded to all boards of education, who then must abandon the use of the book. It was further provided that any person in authority continuing to use a condemned book would be considered guilty of a misdemeanor.

Less drastic legislation than the New York law was passed in New Hampshire in 1921, declaring that “no book shall be introduced into the public schools calculated to favor any particular religious sect or political party.”311 Other legislation which can be considered in the same category was passed in Alabama, Georgia, Tennessee and California, in their prohibition of “partisan and sectarian” books.312

During the years of 1922 and 1923, systematic efforts were made by private organizations to control the content of history textbooks. In general, the criticisms against the histories then in use were directed by patriotic and racial organizations seeking to revive the traditional treatment of relations with Great Britain, particularly during the American Revolution and the War of 1812.313

An outgrowth of this agitation against school histories was the law of Wisconsin approved April 5, 1923. This statute has prescribed that “no history or other textbook shall be adopted for use or be used in any district school, city school, vocational school or high school, which falsifies the facts regarding the war of independence, or the war of 1812 or which defames our nation’s founders or misrepresents the ideals and causes for which they struggled and sacrificed, or which contains propaganda favorable to any foreign government.” The law has also provided that a complaint against any textbook filed by any five citizens with the superintendent of public instruction, must be heard within thirty days at the county seat of the county in which the complainants reside. The statute has made it the duty of the superintendent to pass upon the case ten days following the hearing and to exclude from the schools any book found to contain statements prohibited by the enactment. In 1925, a bill embodying substantially the same spirit and phraseology was presented to the Massachusetts House by Mr. Garrity of Boston, but was not enacted into law.314

Oregon has a similar law. The use of any textbook has been prohibited which “speaks slightingly of the founders of the republic, or of the men who preserved the Union, or which belittles or undervalues their work.”315

In the spring of 1923, the Assembly of the state of California passed a bill excluding from the schools of the state any history or other textbook “which falsifies the facts regarding the war of independence, the war of 1812, or any other war of this country, or which defames our nation’s founders, defenders, heroes or patriots, or misrepresents the ideals and causes for which they struggled and sacrificed, or misleads by stating but partial facts, or which contains propaganda that is unfavorable to this country and government, and favorable to any other government or other type of government.” The bill met defeat in the Senate.316

In the spring of 1923 a bill of like nature passed the Senate of New York but failed in the Lower House. By this proposal, known as the Higgins Bill, any American history was prohibited in the primary or secondary schools of the state, “which falsifies, distorts or denies the acts of oppression recited in the Declaration of Independence, or which, if a textbook dealing with the period immediately preceding the Declaration of Independence, fails to refer,... to the principal acts of oppression as set forth in the Declaration of Independence.” It further forbade the use of any history which “belittles, ridicules, doubts or denies the services and sacrifices of American patriots,” or which “emphasizes and enlarges upon the possible human failings or shortcomings of such patriots without giving at least equal prominence to their virtues or merits.” The bill prescribed for primary schools the presentation of episodes calculated “to arouse in children a justifiable pride” in the winning of “our national independence.” It further placed under ban any textbook which “misrepresents” or “fails to mention... the compelling causes of the respective wars waged... against foreign interference, aggression or encroachment, or which... fails to emphasize... the final victory of the United States in any war it prosecuted to a successful conclusion,” or which “belittles or ridicules... American soldiers, sailors or marines in our wars against foreign nations... as to leave... a contempt” for them or “an unwarranted skepticism regarding their successes under arms.”317

A bill of like import was introduced in the New York Senate in 1924. It included a provision for the training of teachers in the best methods of teaching American history, as well as the requirement that American history textbooks include the Declaration of Independence “in its entirety,” if dealing with the American Revolution.318 Senator Higgins was also responsible for a resolution instructing the Commissioner of Education to investigate the history textbooks used in the schools of New York to ascertain whether any contained matter misrepresenting events of the Revolution or ridiculing the Revolutionary patriots.319

In January, 1924, a bill relating to the selection of American histories as textbooks and reference books in the public schools was introduced into the Assembly of New Jersey. It was designed to exclude any history which “belittles, falsifies, misrepresents, distorts, doubts or denies the events leading up to the Declaration of American Independence or any other war in which this country has been engaged, or which belittles, falsifies, misrepresents, distorts, doubts or denies the deeds and accomplishments of noted American patriots, or which questions the worthiness of their motives or casts aspersions upon their lives.”320

A spirited protest against the bill as introduced in the New Jersey Assembly came from the faculty of Princeton University who resolved that “such legislation is in direct contravention of the fundamental principles of freedom of speech and of the press, and calculated to impair the integrity of education in both the public and private institutions in the State of New Jersey.”321

The New York Times also objected to the censorship proposed in that state, declaring that it was not conceivable that “any honest man would wish to write textbooks in history for children under such statutory prescription,” and The Freeman, in an article regarding the Wisconsin law, pointed out that “historians sometimes find it a difficult matter to get at the truth in regard to the past, but for the superintendent of schools in the state of Wisconsin it is no job at all....”322

AMERICANIZATION OF FOREIGNERS

The desire to instil a knowledge of American institutions has led to much legislation for the education of the foreign element in our population. Some states have attempted to eliminate illiteracy by evening classes for adults, by continuation schools and like means. In all cases, the teaching of the English language has been a primary purpose, as well as training in a knowledge of American institutions. However, not all Americanization laws have definitely stated the purpose of training in citizenship, and therefore do not come properly into this discussion.

Since 1917 more than one-third of the states have enacted legislation for the purpose of developing a love for this country in the foreign born.323 In that year, California inaugurated the policy of “home teachers” to visit the homes of pupils instructing both children and adults in matters pertaining to “school attendance, sanitation, the English language, and in the fundamental principles of the American system of government and the rights and duties of citizenship.”324 Two years later, this enactment was followed by another law for the teaching of civic and vocational subjects in evening classes, in which instruction was provided in the “duties and responsibilities of citizenship” for those unable to speak or read the English language to the proficiency of the sixth grade.325 In 1921, California continued her Americanization program by approving a law to provide for the establishment of classes for training in citizenship for applicants who had filed their declaration of intention to become citizens of the United States and for other persons desiring such instruction. The course of study includes the teaching of United States history, state and community civics, the “constitution of the United States with special reference to those sections in the constitution which relate directly to the duties, privileges and rights of the individuals, and such allied subjects... as shall properly prepare such applicants to understand and assume the responsibilities of citizenship.”326

In 1918, New York passed a law necessitating the attendance of all non-English speaking and illiterate minors at school or at classes established by employers in shops, stores, factories, or plants in which were taught English and civics.327 In 1921, it became a duty of the commissioner of education to see that schools for the education of these illiterate groups be established, in which should be taught “English, history, civics, and other subjects tending to promote good citizenship and increase vocational efficiency....”328

In Massachusetts, power has been granted to the director of the division of immigration and Americanization, with the approval of an advisory board, to employ methods which will develop in the foreign born “an understanding of American government, institutions and ideals.”329

Arizona’s law of 1918 permitted the establishment of night schools in school districts for those over sixteen who were unable to read or write the English language, in which there was to be instruction in “American ideals” and an “understanding of American institutions.”330

The year 1919 saw the adoption of Americanization programs by the legislatures of Maine, New Hampshire, Rhode Island, Pennsylvania, Delaware, Minnesota, Oklahoma, Utah, Montana and California in which the purpose of teaching American ideals and institutions received express mention.

Maine’s statute, designed for those persons “of normal mentality over eighteen years of age who are unable to read, to write, and to speak the English language to a reasonable degree of efficiency,” prescribed the teaching of “the duties of citizens in a democracy” and of “such other subjects as will increase their civic intelligence.”331 In her legislation, New Hampshire called for “the abolition of illiteracy and the instruction of illiterates over sixteen years of age in the common school branches and in the privileges, duties and responsibilities of citizenship.” Immigrants over sixteen years of age were to be taught “to appreciate and respect the civic and social institutions of the United States,” and to be instructed “in the duties of citizenship,” which are “an essential part of public school education.”332 In Rhode Island, people between the ages of sixteen and twenty-one years of age, unable to read and write English or to speak it with reasonable facility, have been given the privilege of a continuation school held for the purpose of teaching the English language and American citizenship.333 Pennsylvania’s attempt to cope with the problem has led to the passage of an act “to provide instruction in citizenship and the principles of the government of the United States of America and of this commonwealth to foreign-born residents of the state of Pennsylvania, in the several counties thereof, who are not required to attend the public schools of this commonwealth.”334

The Delaware law was designed for the foreign-born over sixteen years of age not able to speak English, but who, through evening classes, might be instructed in that language and “in the institutions and forms of government of the United States and the State of Delaware.”335

An appropriation of the Minnesota legislature of 1919, to carry out a provision of an Americanization law of 1917, became available for work providing for instruction in English for those whose knowledge is too limited to carry on business or to read intelligently periodicals and newspapers, and in the essential and vital facts of American history, American government and ideals, and the duties and obligations of citizenship.336

By a joint resolution of 1919 the Oklahoma legislature created a committee on Americanization and made it incumbent upon public school officials to organize classes in English and in citizenship instruction wherever a petition signed by ten residents of foreign birth over sixteen years of age was presented to them.337 A minimum of two hundred hours of instruction during the school year aided Utah in her Americanization program which included classes in the “fundamental principles of the Constitution of the United States, American history, and such other subjects as bear on Americanization.”338 Montana’s legislation, designed for those over sixteen years of age who were not familiar with the English language, provided for instruction in “American history and the Principles of Citizenship and any other school subjects which the school trustees deem necessary for the Americanization of the students enrolled.”339

The Americanization movement was further aided by a law approved April 19, 1920, in which New Jersey provided instruction for the foreign born residents of her state, over fourteen years of age, in English and “in the form of government and the laws of this State and of the United States.”340 American history, the Constitution of the United States, with an exposition of the privileges and the duties of American citizenship tending to produce a spirit of loyalty, were phases of the Americanization programs of Ohio, Idaho, Wyoming, and Oregon in 1921.341 In the last state, “home teachers,” whose duty it is to instruct in the fundamental principles of the American system of government and the rights and duties of citizenship, were named as an aid in carrying on the work of Americanization.342 In Michigan, the superintendent of public instruction has been given power to provide for the education of aliens and of native illiterates over eighteen years of age who are unable “to read, write and speak the English language and who are unlearned in the principles of government” of Michigan and of the United States.343

In general, the most popular means for educating the alien population is by attendance at a night school, where, through evening classes, teachers regularly employed in the public schools seek to instruct in the English language and in an appreciation of and respect for “the civic and social institutions of the United States.” New York has tried the employers’ school to effect the same purpose, whereas “home teachers” are endorsed by California and Oregon. In the four years preceding the outbreak of the World War, 5,174,701 immigrants came to the United States, of whom 22.1 were unable to read and write any language. In 1920, nearly one and a half million, or 11 per cent, of the foreign-born whites in this country could not speak English. For this group, even more than for the native element, has it seemed wise to encourage education, because it has become a common belief that a lack of education endangers the well-being of the state.

Chapter V — Disloyalty Charges Against Teachers Since 1917

Great events occasion diverse opinions, and it is not strange that the World War and its aftermath often tempted public school teachers to enter the area of controversial issues. Thus the question of whether the teacher should be permitted free and open expression of opinion became a point of contention between the upholders and opponents of unrestricted speech. It became a matter of considerable concern whether the teacher be allowed to sow the seed of an idea alien to that held by the child’s parents, or, perhaps, in disagreement with that of the school’s administrators. It was not a new question nor unexpected.

The great mass of public school teachers were conscious of the censorious eye fixed upon them and realized that “the wise man foreseeth the evil and hideth himself, but the foolish pass on and are punished.” Diligent search in public records and through personal inquiry reveals few occasions where actual charges of disloyalty were lodged against teachers in the public schools. Indeed, the superintendents of public instruction in thirty-two states report that from 1917 to 1924 no accusations involving the loyalty of teachers were brought to the attention of their offices.344 One is disposed to concur in a statement made by the Lusk Committee of New York investigating seditious activities that “on the whole, it may safely be said that our public school system is comparatively free from the taint of revolutionary teaching.”345 Yet some teachers faced accusations impugning loyalty. Doubtless there were others whose utterances were considered disloyal or ill-advised, but who escaped with little or no publicity attending their dismissal from service.

In the city of New York, the trials of teachers for disloyalty were most numerous, for it was here that legislation to restrain the speech of the teacher was most rigorously applied. Under the Lusk Law persons failing to secure a certificate of loyalty were forbidden to teach in the schools of New York, the Commissioner of Education having the sole right to refuse such a certificate.346

In general, charges of disloyalty were preferred against six groups of teachers: those objecting to sign the pledge of loyalty, those whose sympathies in the War were pro-German, the pacifists, those whose speech was considered disloyal, those who opposed and obstructed the draft, and those who held membership in a political party which advocated a change in the established form of government.347

In the eyes of the school administrators an unwillingness to sign pledges of loyalty without qualification was but the evidence of a hybrid patriotism. In no other light did they believe could be considered the objection to a pledge which declared an “unqualified allegiance to the Government of the United States,” and which promised by “word and example” to “teach and impress” upon “the pupils the duty of loyal obedience and patriotic service as the highest ideal of American citizenship.”348

Opposition to signing the pledges under compulsion was led by the Teachers’ Union, and their protest against an implication of disloyalty was endorsed by eighty-seven teachers.349 Among those refusing at first to sign a pledge were Miss Isabel Davenport of the New York Training School for Teachers and Harrison C. Thomas of the De Witt Clinton High School. The examination started to determine their fitness to teach was discontinued when they agreed to sign the pledge.350

In March, 1918, the charge of pro-Germanism was lodged against Miss Gertrude A. M. Pignol, a teacher in the Manual Training High School in Brooklyn, and her suspension was asked by the Board of Superintendents. Miss Pignol, a native of Berlin, had been a resident of the United States since 1905. In 1911 she had taken out citizenship papers.351 When questioned by secret service agents, it developed that, although her sympathies were with Germany, she had in no way been connected with German activities in this country. In the hope that her views might undergo a change Miss Pignol was given a leave of absence for three months. In May, 1918, however, Associate Superintendent Tildsley preferred the following charges against her before a committee of the Board of Education: that she did not believe in war, that she was under the impression that it was not necessary for the United States to be engaged in the War, that she would not pledge her coöperation in every way in her power to the United States government in its measures for the prosecution of the War against Germany.352

In Miss Pignol’s trial, statements from fellow-teachers were cited as proof of her pro-German bias. A remark, alleged to have been made eleven years prior, that she would be ashamed to be an American citizen, was adduced as evidence. Further proof was found in a statement that she doubted the accuracy of the accounts regarding German outrages; that she had attempted to dissuade a German woman from returning to Germany because she would eat food needed by the Germans; that she objected to the posting of a food card by the school librarian; and that she was deeply touched by the slaughter of the War. The possession of a locket, engraved by her father and carrying the picture of the Kaiser’s grandfather on one side and the cornflower on the other, was put in evidence as additional proof of her hostility to the cause of the United States.353 Although she asserted her desire for an American victory, the confession that she did not want her native land crushed militated against her.354 On June 26, she was dismissed from service by the Board of Education.355

On October 24, 1918, Fritz A. E. Leuchs was suspended from duty in the schools, charged with “conduct unbecoming a teacher.” His suspension was confirmed on October 30 by the Board of Education. According to his own testimony, he had tried for four years to enlist in the German army, but on October 25 had entered upon military service in this country. Under the circumstances the Board of Education resorted to suspension in order that he could not claim the difference in pay as a teacher and a soldier.356

Similar treatment was accorded pacifists serving in the schools. In this group was Miss Mary McDowell, a Quakeress, employed in the schools of Brooklyn, who was suspended from duty on March 12, 1918. She based her defense in the unrestricted exercise of religious faith as a birthright, her previous contributions to relief for American sufferers to the Red Cross and other charitable projects, as well as the distribution of thrift stamp circulars in the schools. Miss McDowell’s retention as a public school teacher was opposed on the ground that her pacifist views were ill-advised at a time when patriotism should be taught in act as well as in speech.357 On June 19, 1918, she was dismissed from service by the Board of Education.358 Following the close of the War Miss McDowell’s case was reopened, which resulted in her reinstatement on July 11, 1923. On reviewing the causes for Miss McDowell’s dismissal, Commissioner Bowe declared: “After full consideration of the case, the committee has decided that the punishment meted out to Miss McDowell was too severe. She was tried at a time of great public excitement. Since then public feeling has undergone considerable modification. For thirteen years she had done excellent work as a teacher....”359

An unwillingness to engage in active service resulted likewise in the suspension of Louis H. Blumenthal, a teacher of history and civics in Public School 148, Brooklyn, on June 19, 1918.

Nor were all teachers willing to obey a law precluding criticism of the government. To secure permanency of tenure through silent assent was to some but a bribe against their convictions. And not all were agreed that it was wise to refrain from teaching what they held true because others saw in the same belief the germs of disloyalty.

Such a disagreement as to how freely a teacher could express opinions led to investigations of the loyalty of Florence Levine, Samuel D. Schmalhausen, Thomas Mufson, and A. Henry Schneer. In the case of Miss Levine, a teacher in Public School 168, Brooklyn, the Teachers’ Council, to whom the case had been referred, recommended that she be admonished by the Acting Superintendent of Schools so that thereafter she be careful in her public utterances, but no charges were preferred against her.360

It was quite different in the cases of Mr. Schmalhausen, Mr. Mufson, and Mr. Schneer. On November 13, 1917, they were suspended from the faculty of the De Witt Clinton High School for holding views considered not only subversive to discipline in the schools but injurious to good citizenship.361 Their trials took place before a committee of the Board of Education on December third, at which they were represented by counsel. The charges against Mr. Schmalhausen involved the writing of essays by his students, in which, it was said, an unpatriotic attitude was permitted to pass unchallenged by the teacher. According to the testimony, the pupils were directed to write “An open letter to the President” commenting frankly within the limits of their knowledge upon his conduct of the War against the German Government.362 Mr. Schmalhausen was also accused of asserting that he did not consider it his duty “to develop in the students under his control instinctive respect for the President of the United States as such, for the Governor of the State of New York as such, and other Federal, State and Municipal officers as such.”363

One of the themes, upon which attention at the trial was focused, had been written by Hyman Herman, a Jewish student sixteen years of age. It was addressed “to the Defender of Humanity and Champion of Democracy, Woodrow Wilson.” In his testimony Mr. Schmalhausen asserted complete ignorance of this essay until it was called to his attention in an interview with Associate Superintendent Tildsley two weeks after it had been written.364

In the theme the writer propounded such questions as the following: “But how is it that the United States, a country far from democratic (and daily proving itself to be such) and England, the imperial and selfish (and we exclude all minor participants) undertake to slam democracy upon a nation whether it likes it or not? What unparalleled audacity to attempt to force 70,000,000 people to adopt a certain kind of government. If we mean their benefit, then the Germans surely know what they want and need us not....

“... Finally if our aim be the annihilation of Prussianism, then why in the name of Heaven have you refused the offer made by Germany, which included the evacuation of Belgium, disarmament of nations and freedom of the seas? Surely then your purpose is to get supreme domination and to crush Germany for no reason it seems, except a mad desire for murder, meanwhile making us the goats.”365

Mr. Schmalhausen had annotated the theme, after it had been placed in his hands by Dr. Tildsley, with such statements as “irrelevant,” “not accurately presented,” and “for a thoughtful student this statement sounds irrational.”366 The defense contended that such annotations were sufficient to prove Mr. Schmalhausen’s disapproval of the sentiments expressed, but the prosecution argued that his failure to denounce them openly indicated his lack of loyalty.

As a witness for Mr. Schmalhausen, Herman, the author of the theme, testified that he had not received his impressions of this country’s attitude toward war questions in any sense from Mr. Schmalhausen, although since the time of writing the theme he had changed his attitude due to a study of his history textbook367 and the attitude of his history teacher.368

In turn, Mr. Schmalhausen, defending his own patriotism, declared that President Wilson’s “interpretation, his attitude, his points of view in relation to the war for democracy” met with his “complete intellectual approval,” and that, although he had opposed the policy of conscription instead of a volunteer system, when adopted, he had complied with the request of the Government, as did others within the proper ages.369

The second instructor in the De Witt Clinton High School who was arraigned before the Board of Education on December third was Thomas Mufson, charged with thinking it proper to be neutral while his class debated such subjects as the purchase of Liberty Bonds, the active support of the Government in various measures for carrying on the War, the wisdom of an early peace, and the relative merits of anarchism and the form of the government of the United States.370

Mr. Mufson defended himself against these charges on the ground that he was not justified in imposing personal views upon his classes on controversial subjects. Furthermore, he said that he would not permit a discussion of anarchism in his classroom, a topic he held far too difficult for immature minds.371

The specific charges brought against Mr. Schneer arose from statements it was alleged he had made regarding patriotism and the wearing of the uniform of the United States army. It was held that he was opposed to discussing patriotism in the schoolroom and that he objected to persons wearing the uniform when speaking before the school, because it tended to encourage militarism.372 All of the charges Mr. Schneer denied, protesting his loyalty to school and national authorities, and citing as proof, among other things, the signing of the loyalty pledge of the Board of Education.

Considerable discussion by the public and by teachers attended these trials. Among those commending the Board of Education for their vigilance were the Schoolmasters’ Association of New York and Vicinity, who adopted a resolution expressing the hope that efforts to suppress disloyal influences in the schools would be energetically sustained.373 On the other hand, the Teachers’ Union voted to give the teachers on trial their “legal, moral and financial support,”374 and eleven college teachers requested that the decision against them be delayed for further investigation.375 Professor John Dewey was reported to have likened the trial to “the Inquisition,”376 and the New York Evening Post editorially declared that “the case not only was prejudiced from the beginning, but was disingenuous in inception, unfair in method and un-American in spirit.”377 On December 19, 1917, these teachers were dismissed by the Board of Education.378 Later their appeal for reinstatement was denied by the Commissioner of Education.379

In November, 1917, six other teachers of the De Witt Clinton High School were transferred to other schools because lacking a positive loyalty. Friends of the teachers ascribed their transfer to their “independence” and not to a lack of loyalty.380 The absence of academic freedom and democracy in school organization, an indefiniteness in the charges preferred against them, were all advanced by the teachers themselves in extenuation of their acts.381 According to a statement of The New York Times, in the inquiry to determine their fitness to teach, the teachers declared they had been asked such questions as the following: “Should not a teacher inculcate instinctive obedience to supervisors, no matter what the acts of the superior officers may be? What is your opinion of the Bolsheviki? Do you believe in revolution? Are teachers qualified to criticise superiors? Do you believe in internationalism? Do you think a teacher ought to impose his views on pupils? Is there not a presumption that whatever is, is right? Would you rather have Hillquit or Roosevelt for mayor? What would you do if a boy called President Wilson a murderer? Do you accept Hillquit’s treasonable utterances? Does not the critical attitude in children need suppression? Would you be willing for the boys in your class to discuss Liberty Bonds pro and con? In the matter of the longer day should the teachers have been consulted?”382 That the teachers were asked these questions was stoutly denied by Superintendent William L. Ettinger.383

Closely allied with charges of disloyal speech were those growing out of attempts to obstruct the government in its prosecution of the War. Of such a nature was the charge brought against Miss Fannie Ross, a teacher in Public School 88, Brooklyn, who, while acting as a registrar in the state census, was reported to have expressed opposition to the draft, to have given advice outside her line of duty, and to have gone so far as to influence a man to claim exemption.384 On December 26, 1917, Miss Ross was suspended from service for six months because of “conduct unbecoming a teacher,” due “to tactless remarks.”385

The apprehension of the school authorities of New York City was further reflected in the trial of teachers who were suspected of radical views. This anxiety expressed itself in the withholding of certificates of loyalty and morality at least during the investigation. Following the War, membership in the Socialist Party, advocacy of Communism, and a sympathetic attitude toward the Bolshevist program of Russia were the chief charges preferred in the trials.

Among the first teachers summoned before the high school committee of the Board of Education because of radical views was Harrison C. Thomas, a teacher in the De Witt Clinton High School. Mr. Thomas was an advocate of internationalism and of socialism, a conscientious objector who had been excused from the draft, and avowedly not enthusiastic over wartime enterprises like Liberty Bonds. When questioned regarding his attitude in the classroom, he confessed that he would not conceal the fact that he was an objector; that he believed resistance to aggressiveness by force wrong; and that if Germany wanted to rule this country submission would be better than forceful resistance. Yet he declared that he had tried to get into reconstruction work in France and that he would do anything except fight. As a result, his certificate of morality and loyalty was withheld.386 Similar action was taken in the case of Bernard M. Parelhoff, of the George Washington High School, who maintained that a nation which “teaches patriotism in its schools is merely driving nails into its own coffin,” and because he believed there should be no reverence for the uniform as such.387

Licenses were likewise withheld from other teachers, among whom were Eugene Jackson, Austin M. Works, Garibaldi Lapolla, Abraham Lefkowitz, Edward Delaney, and Wilmer T. Stone of the De Witt Clinton High School; Ruth G. Hardy of the Girls’ Commercial High School; John J. Donohue, Louis A. Goldman, Felix Sper and John J. Shipley of the Stuyvesant High School; Max Rosenhaus of the Bushwick High School; Alexander Fichlander of Public School 165, Brooklyn; and Henrietta Rodman, Benjamin Gruenberg, and Benjamin Mandel of the Julia Richman High School.388

The action of the authorities in withholding certificates of loyalty from some of these teachers called forth a protest from Dr. Henry Linville of the Teachers’ Union, of which many of the accused were members. Dr. Linville assailed the methods employed in the investigations and the reasons for which certificates were being withheld. He asserted that during the War these teachers had been unmolested by the federal government and had not been summoned to face charges of disloyalty by the school authorities. Although non-conformists in relation “to static views of society and politics,” he declared that “most of them actively supported all war enterprises, a minority only being pacifist in belief and action.”389 Moreover, in denial of the charge that teachers of alleged radical views were indoctrinating their pupils with minority and undesirable opinions, he declared that none of these teachers had ever maintained the right of a teacher to press upon the pupils the political views that he himself held.390

But the authorities throughout were insistent in their desire to rid the schools of all teachers holding a political belief which to them was anathema. To this end in November, 1919, a permanent license was denied Miss Sonia Ginsberg, of Public School 170, because she admitted membership in the Communist Party;391 for the same reason action was taken against Miss Rachel (Ray) Ragozin, in February, 1921;392 and in February, 1922, resolutions were adopted by the Board of Education directing the Superintendent of Schools to reprimand Miss Sarah Hyams for signing the membership card of the Left Wing of the Socialist Party.393 For advocating the reading of an article on Bolshevism, in November, 1919, Associate Superintendent Tildsley recommended that a permanent license be refused Benjamin Horwitz, a teacher of English in the De Witt Clinton High School.394

The suspicion that Benjamin Glassberg, a teacher of history in the Brooklyn Commercial High School, was preaching the doctrines of Bolshevism led to his suspension from service in January, 1919. Among the objections raised against Mr. Glassberg as a teacher were statements alleged to have been made by him to the effect that a teacher in the public schools was not allowed to tell the truth, that the State Department did not permit true reports to be given about conditions in Russia, and that Red Cross workers were forbidden to express true opinions regarding that country.395

At his trial before the Board of Education on May 9, 1919, Mr. Glassberg confessed that he had quoted from several noted Bolshevists in reply to a question whether Lenine and Trotsky were German spies. He declared that the statements with which he was charged were in answer to questions asked by his class and not as “a lecture laudatory of the Bolsheviki and severely critical of the Government of the United States.” In regard to the remark about freedom of speech in the public schools he asserted complete innocence.396 On May 29, 1919, Mr. Glassberg was dismissed from service.397

Considerable discussion attended the trials of the New York City teachers. To some there was no substantial foundation upon which to base charges of disloyalty, and the question resolved itself into whether a teacher need forfeit his rights to a political faith in which he believed. The answer of the school authorities came in the statement of Dr. John L. Tildsley, Associate Superintendent of Schools: “No person who adheres to the Marxian program, the program of the Left Wing of the Socialist Party in this country, should be allowed to become a teacher in the public school system, and if discovered to be a teacher, should be compelled to sever his connection with the school system, for it is impossible for such a person to carry out the purpose of the public schools... [the purpose] that the public schools of any country should be the expression of the country’s ideals, the purpose of its institutions, and the philosophy of its life and government.”398

But even in the eyes of the New York City school authorities the great mass of public school teachers were loyal, for out of approximately twenty-five thousand employed in the system less than half a hundred were called to account for the views they held.399

Outside of the city of New York other cases of alleged infringement of the Lusk Law occurred. Among these was that of P. Hiram Mattingly, of Poughkeepsie, dismissed from the schools because at a Socialist meeting he characterized the Espionage Law as a measure of despotism, and declared that it was time that the republic be restored to this country, a first step toward which would be the acceptance of a Socialist administration in that city.400

Membership in the Communist Party cost Miss Julia D. Pratt her position as a music teacher in Buffalo in 1921. In passing upon her case, Frank B. Gilbert, deputy commissioner and counsel of the State Department of Education, set forth the opinion of those with whom final judgment rested when he declared: “A teacher in the public schools is a member of a state system and a servant of the people of the state. A teacher cannot properly perform the duties of her position and give expression, either verbally or by affiliation with any political or other organization, to her belief that our present government should be overthrown by revolution or by force and violence through direct action by any group or class....”401

Teachers beyond the confines of New York suffered similar penalties, although the hand of the law did not press so heavily upon them. They, too, found it necessary to guard their speech and to abstain from proscribed political tenets, or else pay the price of reprimand or dismissal. Precisely this kind of a condition was brought forcibly upon the teachers of Washington, D. C., in the spring of 1919, when one of their members—Miss Alice Wood—was suspended for a week without a hearing, charged with discussing “Bolshevism and other heresies” in her classroom. Among the topics which Miss Wood later found forbidden was that of the League of Nations.402

The suggestion made by a supervisor of primary education in Des Moines, Iowa, that a blind patriotism might be fostered through the selection of songs and poems narrowly patriotic led to an investigation of her Americanism by the commander of the Sons of Veterans.403

Since 1917, however, in only twelve states besides New York cases involving disloyalty charges have been brought before the office of the state department of education. In Delaware, Louisiana, Minnesota, Montana, Nevada, North Carolina and South Dakota the charges resulted in the dismissal of teachers. In California, Maine, Minnesota, Nevada, New Hampshire, North Dakota and South Dakota, although charges were preferred against teachers the cases were dismissed for insufficient evidence.404

In Montana, school authorities in some cases failed to reappoint teachers at the end of the year because of alleged objectionable “utterances,” although “no proof of disloyalty was ever made positive.” The Department of Public Instruction of Indiana reported “a few instances” in that state where positions were lost because of disloyalty charges.405

In Louisiana, the State Superintendent of Public Instruction reported the revocation of a man’s certificate because “he capitalized the patriotism which ran high in his community, to lend money to a number of small farmers in the community for use in purchasing War Savings Stamps and Liberty Bonds, and for the use of which he charged an exorbitant rate of interest.” The teacher was said to have bought “no stamps or Liberty Bonds,” and boasted that he could make more money by lending to “the suckers in the community than by buying the low-interest paying Federal obligations.” This state also revoked the certificate of a woman whose religious scruples forbade her endorsement of the War and whose zeal led her to advise against the purchase of Liberty Bonds.406

North Carolina’s case of dismissal was that of a county superintendent charged with pro-Germanism shortly after the entrance of the United States into the War. Although most of the pro-German utterances of this man had been made prior to the declaration of war by the United States, the County Board of Education held that his influence and usefulness had been lessened and therefore asked his resignation.407

In Rhode Island “disclosures of thoroughly organized preparation to cultivate in the United States a public opinion favorable to Pan-Germanic aspirations for world empire led, during the War, to several investigations for the purpose of determining to what extent and through what agencies propaganda either hostile to America and to American ideals, or tending insidiously to undermine democratic institutions, had been conducted.”408 At the request of the Governor, the Commissioner of the Public Schools undertook an investigation of the loyalty of public and private school teachers. Questionnaires containing the following questions were dispatched to the proper authorities:

“To what extent, if any, have teachers under your observation, in the classroom or out of it, been

(a) Active in promoting German propaganda?
(b) Active in promoting anti-American propaganda?
(c) Disloyal in word, deed, or manner to nation or state?
(d) Disrespectful of law and public authority?
(e) Passive or indifferent with reference to patriotism?

(f) Cynical in their discussion of democracy, or in their discussions of history, or in their general attitude toward American public probity?

(g) Teaching that democracy and democratic institutions are crude and inefficient?”

In turn, the Commissioner of the Public Schools pointed out that “while a few teachers have not fully recognized their civic obligations in giving instruction, or have failed to realize the relation of public education to loyal citizenship, or have been remiss in upholding American ideals, the ardent patriotism of the many and their larger activities as noted by the committee of inquiry attest the civic loyalty of our teachers in our schools.” He assured the public that “no disloyal teacher” would “be suffered to teach.”409

This insistence upon conformity among teachers bounded on all sides their freedom of speech. It was readily and unquestioningly accepted by the great majority. It sprang from the belief that the teacher as an employee of the government should always agree with the government. The advocate of repression and control held that the public school should never be a haven where personal opinions could leaven the book-lore which was prescribed by authority. Others agreed with Zechariah Chafee that there was not only an individual but a social interest in free speech, that between that individual interest and the social interest, the former should always give way, that freedom of speech meant liberty, not license; but that freedom of speech in itself was a social interest, and that one of the purposes for the existence of society was the discovery and spread of truth, a purpose which could be accomplished only by permitting teachers to think for themselves.410

Footnotes

1 Shurtleff, N. B., ed., Records of the Governor and Company of the Massachusetts Bay in New England, 5 v. (Boston, 1853), Vol. II, p. 6.

2 Ibid., p. 203. Connecticut in 1650 expressed a similar purpose for the establishment of her schools. The Code of Connecticut, 1650, p. 90.

3 Laws of the Colony of New York, 1720-1737, Vol. II, p. 813.

4 “Wisdom and knowledge, as well as virtue, diffused generally among the body of the people being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates, in all future periods of this commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them;... especially public schools and grammar schools in towns;...” Thorpe, Francis Newton, editor, The Federal and State Constitutions, Colonial Charters, and other Organic Laws of the States, Territories, Now or Heretofore Forming the United States of America. 7 v. (Government Printing Office, Washington, 1909), Vol. II, p. 1907. Similar statements were placed in the constitutions of neighboring New Hampshire, Vermont and Maine. Indiana, Arkansas, Mississippi, Missouri, Rhode Island, South Dakota, Tennessee, Kansas and North Dakota have likewise pinned their faith to “knowledge and learning” as an agent for democratizing the government as well as for the encouragement of “the principles of humanity, industry, and morality.” Ibid., Vol. IV, p. 2487; Vol. II, pp. 1069, 1086; Vol. I, pp. 283, 322, 353; Vol. IV, p. 2080; p. 2212; Vol. VI, p. 3233; p. 3373; p. 3469; Vol. II, p. 1232; Vol. V, p. 2872. In constitutions adopted at a much later time the same purposes of education are often expressed. In 1789 a Massachusetts law charged “instructors of youth” that they should “take diligent care, and to exert their best endeavors to impress on the minds of children and youth committed to their care and instruction, the principles of piety, justice, and a sacred regard to truth, love to their country, humanity, and universal benevolence, sobriety, industry, and frugality, chastity, moderation and temperance, and those other virtues which are the ornament of human society, and the basis upon which the Republican Constitution is structured. And it shall be the duty of such instructors to endeavor to lead those under their care (as their ages and capacities will admit) into a particular understanding of the tendency of the above mentioned virtues, to preserve and perfect a Republican Constitution, and to secure the blessings of liberty, as well as to promote their future happiness; and the tendency of the opposite vices to slavery and ruin.” Statutes of Massachusetts, 1780-1807, sec. 4, Vol. I, pp. 470-471. On the statute books in 1823. Also Statutes, 1826, ch. 143, p. 180; also General Statutes, 1860, ch. 38, sec. 10, p. 216; also Public Statutes, 1882, ch. 44, sec. 16. This law became the source of many similar in character.

5 In 1784, Jefferson took occasion to declare, “In every government on earth is some trace of human weakness, some germ of corruption and degeneracy, which cunning will discover, and wickedness insensibly open, cultivate and improve. Every government degenerates when trusted to the rulers of the people alone. The people themselves are its only safe depositories; and to render even them safe, their minds must be improved to a certain degree.” Jefferson, Thomas, The Writings of Thomas Jefferson. Paul Leicester Ford, ed. (New York, 1894), Vol. III, p. 254.

6 See footnote 4 for the Massachusetts law of 1789. Statutes of New Hampshire, 1830, title XCII, ch. 1, sec. 8, p. 431; also Compiled Statutes, 1853, sec. 20, p. 179. Statutes of Maine, 1821, Vol. II, sec. 2, p. 504, also Revised Statutes, 1840, ch. 17, p. 170. Supplement to Revised Statutes, 1885-1895, ch. 11, sec. 91; Acts and Resolves, 1917, ch. 228, p. 263. Revised Code of Mississippi, 1824, ch. 82, sec. 14, p. 407; Ibid., 1840, ch. 9, sec. 12, p. 124. Statutes of Indiana, 1806, p. 17. Revised Statutes of Illinois, 1833, p. 556.

7 An illuminating discussion of “Jacksonian Democracy” is found in Arthur M. Schlesinger’s New Viewpoints in American History (New York, 1922).

8 Mann, Horace, Annual Reports on Education (Boston, 1868), pp. 523-558.

9 Laws of Massachusetts, 1827, ch. 148, p. 180; also Revised Statutes, 1836, ch. 23, p. 218. In the Revised Statutes “general history,” not “history,” is required.

10 Laws of Vermont... to 1834, ch. 50 (1827), sec. 1, p. 136; also Revised Statutes, 1840, ch. XVIII, sec. 1, p. 111; also Compiled Statutes, 1851, p. 144.

11 Laws of New Hampshire, 1845, ch. 220, sec. 6; also Compiled Statutes, 1853, ch. 79, sec. 6, p. 183. This law was retained in 1863.

12 Revised Statutes of Rhode Island, 1857, ch. 67, sec. 3, p. 173.

13 Acts and Resolves of Massachusetts, 1857, ch. 206, sec. 1, p. 542.

14 General Statutes of Massachusetts, 1860, ch. 38, sec. 1, p. 215; Public Statutes, 1882, ch. 44, sec. 1, p. 299. According to a table in ‘A. J. Inglis’ The Rise of the High School in Massachusetts (Columbia University, New York, 1911), p. 90, history was offered in six out of seven towns in 1860, with a per cent of 200 with algebra as a base of 100 per cent. This would indicate an interest in history to a considerable extent.

15 Political economy as a term included political science as we understand it today. Cf. Inglis, op. cit., p. 141.

16 Laws of Virginia, 1848-49, ch. 110. An act establishing free schools in the county of Albemarle, p. 60.

17 Laws of California, 1851, ch. 126, art. VII, sec. 2, p. 499.

18 Connecticut, as early as 1796, had emphasized the necessity of inculcating a knowledge of the state law, prescribing that “all parents and masters of children, shall by themselves or others teach and instruct..., all such children as are under their care and government, according to their ability, and to read the English tongue well, and to know the laws against capital offenses....” Statutes of Connecticut, 1796, p. 60. The law further stated that in case it was impossible to comply with the statement quoted above the children should at least be instructed to answer certain parts of the catechism. To enforce the law, a fine of $3.34 to be used for the poor of the town was imposed upon all parents who failed in compliance. Also cf. law of Massachusetts of 1642, page 3. Massachusetts also in 1789 had emphasized the necessity of training the youth of the commonwealth “to preserve and perfect a Republican Constitution and to secure the blessings of liberty as well as to promote their future happiness.” Laws of Massachusetts, 1780-1807, sec. 4, Vol. I, pp. 470-471. Again in 1826, ch. 143, p. 180.

19 Martineau, Harriet, Society in America (London, 1837), Vol. III, p. 165.

20 The year in which the Virginia law was passed, 1849, was a time of sectional discord. Sectional interest may have entered into the passage of the law.

21 In the discussion of the qualifications of teachers, in each period there is a neglect of all laws in which history or some other social study is not specifically named. Regulations often are quite definite regarding the qualifications of teachers in rural and elementary schools, with no statement or with no definitely named qualifications for high school teachers. In some states the superintendent of public instruction or some other official prescribes the subjects in which the examination is held. The tendency of recent legislation has been to accept graduation from reputable colleges or universities giving training in methods of teaching, in lieu of examination.

22 Acts of Connecticut, 1841, p. 47; Revised Statutes, 1849, sec. 22, p. 300; Statutes, 1854, p. 414; General Statutes, 1866, p. 132; ibid., 1875, ch. 4, sec. 1; ibid., 1888, sec. 2135, p. 466; ibid., 1902, par. 2245, p. 584; ibid., 1918, ch. 56, par. 1007, Vol. I, p. 349. Additions and slight changes have been made in the regulations for the social studies. With modifications the law has been on the statute books from 1841 to the present.

23 Revised Statutes of Maine, 1857, sec. 49; ibid., 1871, ch. 11, sec. 54; Acts and Resolves, 1873, ch. 120, p. 76; ibid., 1891, ch. 32, p. 20; ibid., 1895, ch. 155, p. 173. Revised Statutes of Rhode Island, 1857, ch. 67, sec. 3, p. 173.

24 In 1845 the law was slightly modified to distinguish between grades of certificates, but in all cases United States history was prerequisite to certification, and in 1905, Illinois history was added to the qualifications necessary for a license. In 1913, in the requirements for a state certificate she included sociology among the subjects for examination, and for the first, second and third grade certificates, United States history, civics and the history of Illinois. Revised Statutes of Illinois, 1845, ch. XCVIII, sec. 12, p. 498. The law is substantially the same, Statutes, 1856, ch. 198, sec. XLVI, Vol. II, p. 1098; ibid., 1858, sec. 50, p. 449. Laws, 1865, sec. 19, p. 119; Revised Statutes, 1874, ch. 122, 51, p. 963; Annotated Statutes, 1885, ch. 122, sec. 51, p. 2229; Revised Statutes, 1903, ch. 122, 187, par. 3, p. 1683; ibid., 1906, 187, par. 3, p. 1820. During this period these subjects were to be taught in the schools. Revised Statutes of Illinois, 1913, ch. 122, 541, par. 2, p. 2270; Laws, 1913, p. 588 (Senate Bill No. 355, approved June 28, 1913); the same for the social studies in the laws of 1903 and 1905, also in 1917 and in 1919. See Revised Statutes, 1917, ch. 122, p. 2216; and Laws, 1919, ch. 122, p. 900.

25 Acts of Iowa, 1846, sec. 72, p. 105; Code of Iowa, 1851, sec. 1148, p. 181; Acts, 1858, p. 72; Code, 1873, sec. 1766, p. 325; Acts, 1878, ch. 143, p. 130. In 1882, regulatory provision requiring for a state certificate a knowledge of civil government, the constitution and laws of Iowa, besides history of the United States, passed the legislature, and economics and civics were added to the subjects required for certification in 1896; Acts, 1882, ch. 167, sec. 4, p. 153. Acts, 1896, ch. 39 (H. F. 135), p. 44. Supplement to Code, 1902, sec. 2736, p. 315, for first grade certificate, civics, elementary economics besides the requirements of second grade, which included history of the United States; also Acts, 1906, ch. 122, sec. 4, p. 88.

26 Laws of Nebraska, 1855, par. 61, p. 220; ibid., 1858, p. 292; ibid., 1872, p. 55; ibid., 1881, sec. 5, pp. 359, 366; ibid., 1885, sec. 5, p. 327. The same subjects as in 1881 in Laws, 1901, ch. 66, p. 448; ibid., 1903, ch. 135, p. 559. Also Consolidated Statutes, 1891, ch. 44, 3624, p. 792; ibid., 1903, 5542, sec. 5. In 1891, there is a distinction made in the grades of certificates, requiring civil government and United States history in all but the lowest grade, Revised Statutes, 1913, ch. 71, art. XIII, 6857, sec. 158, p. 1913, 6859, sec. 160, p. 1914. In 1881 United States history and civics were added to the prescribed subjects for a second grade certificate, and for a professional state certificate general history, political economy, civil government and American history were required. In the forty years intervening between 1881 and 1921, there is no change in the prerequisites for county certificates, state certificates, and the additional certificates of more recent origin—city certificates—so far as the social studies are concerned, with the exception of the dropping of political economy from the required list by 1919. Laws of Nebraska, 1919, 1921, ch. 70, sec. 2, p. 262.

27 Cf. Johnson, Henry, Teaching of History in Elementary and Secondary Schools (New York, 1915), ch. v; Russell, W. F., The Early Teaching of History in the Secondary Schools of New York and Massachusetts (Philadelphia, 1915). History was offered in states where there were not statutory requirements. The enumeration of these laws does not, moreover, indicate the amount of history studied.

28 General Statutes of Vermont, 1862, ch. 22, sec. 19, p. 151.

29 Ibid., 1894, sec. 700, p. 189. Similar laws had been passed by Massachusetts in 1860. See page 7.

30 Laws of Connecticut, 1883, ch. LXXIV, p. 264. Laws of successive years carried on substantially the same requirements. In 1902 the law appeared with slight modifications, having been accepted in 1868, 1870, 1884, 1888, 1889, 1895, 1897, 1899. General Statutes of Connecticut, 1902, ch. 131, par. 2130, p. 561, cites Revision, 1888, par. 2118, ch. 6; 1895, ch. 119; 1897, ch. 101; 1899, ch. 54.

31 Virginia in 1849 had prescribed United States history. This state did not enact a law during this period.

32 Acts of West Virginia, 1863, ch. 137, 16, p. 250. Again Acts, 1866, ch. 74, 29, p. 62; and Code, 1868, ch. 45, 35, p. 300; Acts, 1873, ch. 123, 32, p. 403; Acts, 1881, p. 185; Acts, 1874, ch. 123, 11, p. 388; ibid., p. 173. This law was reënacted in 1881.

33 General Statutes of Missouri, 1864-65, sec. 4, p. 128. Approved February 10, 1865.

34 Laws of Maryland, 1865, ch. 5, sec. 4, p. 284.

35 Ibid., ch. IV, sec. 2, p. 282; ibid., 1868, ch. VI, sec. 2, p. 754; ibid., 1870, ch. VII, sec. 3, p. 540; ibid., 1872, ch. 7, sec. 3, p. 638; Revised Code, 1879, art. XXVII, 39, Vol. I, p. 255.

36 Virginia had passed such a law in 1849. See page 8. Laws of South Carolina, 1870, sec. 24, p. 344; Revised Statutes, 1872, ch. XXXVIII, sec. 4, p. 246; General Statutes, 1881-1882, sec. 1004, p. 300. Revised Statutes, 1893, sec. 1058, Vol. I, p. 368, repeat the law. Laws of Arkansas, 1868, sec. 65, p. 184; Laws, 1875, sec. 45, p. 68; again in Acts, 1913, sec. 62, p. 410. Laws of Mississippi, 1873, ch. 1, sec. 23, p. 13.

37 Laws of North Carolina, 1881, ch. 200, sec. 38, p. 383. Laws of Tennessee, 1873, ch. XXV, sec. 31, p. 46; Laws, 1879, ch. 187, sec. 31.

38 Code of Alabama, 1897, art. 3, 3456, 4, Vol. 1, p. 998; ibid., 1907, 1685, 4, Vol. 1, p. 741. The Code of a decade later repeated the same statute indicating that it was still a law.

39 Laws of Kentucky, 1888, par. 6, Vol. 1, p. 157. General Statutes, 1873, p. 212. The latter refers to the law for history. For West Virginia see page 15.

40 Digest of Florida, 1822-1881, sec. 36, p. 910; Revised Statutes, 1892, sec. 253, p. 184; Compiled Laws, 1914, Vol. I, p. 139.

41 Acts of Florida, 1889, ch. 3872, sec. 31, p. 82. Approved June 8, 1889. A law pertaining to the teaching of citizenship had been passed in Florida on January 24, 1851, and is unique in its period. By this law, two seminaries of learning were established upon the east and west sides of the Suwanee River. The first purpose of these seminaries was to be the instruction of persons in “all the various branches that pertain to a good common school education; and next to give instruction in the mechanic arts, in husbandry and agricultural chemistry, in the fundamental laws, and in what regards the rights and duties of citizens.” Acts of Florida, 1850-1861, ch. 337 (no. 26), p. 97; also Digest, 1822-1881 inclusive, ch. 178, sec. 1, p. 916; Revised Statutes, 1892, ch. V, par. 301, p. 192.

42 Laws of Minnesota, 1861, sec. 22, p. 60; 1862, sec. 29, p. 26; 1864, sec. 29, p. 23; 1873, sec. 64, p. 21. Successive laws do not necessarily mean reënactments, but other subjects have been added with the social studies remaining the same and reappearing in the laws.

43 General Statutes of Minnesota, 1881 (including Statutes, 1878), ch. 36, sec. 178, Vol. II; General Statutes, 1894, ch. 36 (Title 5), sec. 3889, sec. 3890, sec. 3891, p. 1053. The law provided “that all school officers in the state may introduce, as part of the daily exercises of each school in their jurisdiction, instruction in the elements of social and moral science, including industry, order, economy, punctuality, patience, self-denial, health, purity, temperance, cleanliness, honesty, truth, justice, politeness, peace, fidelity, philanthropy, patriotism, self-respect, hope, perseverance, cheerfulness, courage, self-reliance, gratitude, pity, mercy, kindness, conscience, reflection, and the will.” Further provisions suggested the mode for carrying out the law. “That it may be the duty of the teachers to give a short oral lesson every day upon one of the topics mentioned..., and to require the pupils to furnish illustrations of the same upon the following morning.” If only one lesson were given and only one topic discussed daily by the teacher, a full calendar month would have been spent in the carrying out of this law.

44 Revised Statutes of Wisconsin, 1878, ch. 27, sec. 447, p. 173.

45 Laws of Wisconsin, 1887, ch. 79, p. 77; ibid., 1898, ch. 27, sec. 447, p. 363; Statutes, 1913, ch. 27, sec. 447, p. 258.

46 Revised Statutes of Indiana, 1881, 4497, p. 978; Laws of Missouri, 1895, p. 267; Revised Statutes, 1899, sec. 988, Vol. I, p. 2270; ibid., 1909, sec. 10852; ibid., 1919, sec. 11218. See page 15 for other Missouri laws.

47 Laws of South Dakota, 1895, sec. 13, p. 142.

48 Laws of North Dakota, 1895, ch. 56, p. 79; ibid., 1897, sec. 741, p. 108; 1905, sec. 750, p. 202; 1909, sec. 833, p. 302. Dakota Territory, Compiled Laws, 1887, sec. 1770, p. 395. This shows that United States history was required in the common schools, as early as 1883, Session Laws of Dakota Territory, 1883, ch. 44, par. 83.

49 Revised Code of Dakota Territory, 1883, sec. 91, p. 585.

50 Laws of North Dakota, 1889-90, sec. 134, p. 211; Revised Code, 1895, sec. 754; ibid., 1909, sec. 889, p. 184; ibid., 1913, sec. 1389, Vol. I, p. 333. Laws of South Dakota, 1893, sec. 6, p. 126; ibid., 1895, sec. 6, p. 138; ibid., 1901, sec. 6, p. 173; Compiled Laws, 1903, sec. 2358, p. 429; ibid., 1913, sec. 143, Vol. I, p. 591.

51 Code of Washington, 1881, sec. 3205, p. 558; General Statutes, 1890, ch. VIII, sec. 810, Vol. I, p. 300. Similar laws, Laws, 1890, sec. 45, p. 372; Laws, 1895, sec. 1, p. 8; Laws, 1897, sec. 65, p. 384; Laws, 1909, sec. 2, p. 262; also Laws, 1877, sec. 5, p. 274, for the law prescribing teaching of patriotism. Washington required United States history.

52 Revised Statutes of Montana, 1879, sec. 1119, p. 646, prescribed United States history. Laws of Montana, 1871-72, p. 630; Revised Statutes, 1879, sec. 1128, p. 648; again on statute books, Laws, 1874, sec. 41, p. 132; Compiled Statutes, 1887, sec. 1900, p. 1187; Revised Code, 1907 (see act of March 11, 1895); Laws, 1913, ch. VI, 802, pt. 4, p. 245, for prescribing teaching of patriotism. This law was carried by Montana on her statute books for fifty years. In Washington it passed through a similar experience, being found in the Code of 1910. See Remington and Ballinger’s Code, 1910, sec. 4550, Vol. II, p. 490.

53 Statutes of California, 1863-4, sec. 6, p. 211; ibid., 1865-6, sec. 55, p. 398; Codes and Statutes of California, 1885, sec. 1665, Vol. I, p. 290; ibid., 1905, sec. 1874, 2, Vol. I, p. 451. Same law (1885) on statute books in 1905. Code, 1905, 1665, Vol. I, p. 391. Civil government was added, 1889. Laws of California, 1891, 1665, p. 161; again in Laws, 1893, p. 254; Laws of California, 1903, 1874, 2, p. 195; Codes, 1905, 1665, Vol. I, p. 391; Laws, 1907, p. 947. The laws respecting the teaching of patriotism and training for citizenship are found in Statutes of California, 1865-86, sec. 70, p. 400; Codes and Statutes, 1885, sec. 1702, Vol. I, p. 293; Codes and Statutes, 1905, sec. 1701, Vol. I, p. 420.

54 Laws of Arizona, 1883, sec. 59, p. 49; Laws, 1885, p. 157; Revised Statutes, 1887, p. 284; Revised Laws of the Territory of Arizona, 1901, 2214, sec. 85, p. 602. The study of United States history required. Revised Statutes of Arizona, 1887, 1566 (sec. 94), p. 285; Laws, 1885, p. 160; Revised Laws of Territory, 1901, 2243 (sec. 113), p. 608. The law prescribed that a teacher instruct in the principles of “morality, truth, justice, and patriotism... to train them [pupils] up to a true comprehension of the rights, duties, and dignity of American citizenship.”

55 Statutes of Nevada, 1864-5, sec. 42, p. 424. Also General Statutes, 1861-1885, 1330, sec. 42, p. 384. This last would indicate the inclusion of the law in the statutes to 1885. Compiled Laws of Nevada, 1861-1900, 1346, sec. 4. Compiled Laws of New Mexico, 1884, sec. 1101, p. 548; ibid., 1897, sec. 1529, p. 425.

56 Utah’s law regarding the teaching of patriotism came under a statute regarding “Prohibited Doctrines. Moral Instruction.” It prescribed that “no atheistic, infidel, sectarian, religious, or denominational doctrine shall be taught in any of the district schools of this state. Moral instruction tending to impress on the minds of the pupils the importance of good manners, truthfulness, temperance, purity, patriotism, and industry, shall be given,... and all such schools shall be free from sectarian control.” The law prescribing the study of United States history is found in Laws of Utah, 1896, p. 486; ibid., 1897, p. 131. Revised Statutes, 1898, p. 441; Compiled Laws, 1907, sec. 1848, p. 704.

57 Laws of Idaho, 1884, sec. 34, p. 193; Revised Statutes, 1887, ch. VII, sec. 687, p. 134; Laws, 1899, sec. 48, p. 97; Political Code, 1901, ch. XL, sec. 1067, Vol. I, p. 329; Compiled Statutes, 1919, sec. 944, p. 269. This last citation would indicate the permanence of the law.

58 This is especially evident in the legislation affecting textbooks in history. See page 36 et seq. A knowledge of state history was required for teacher certification in Pennsylvania, Mississippi, South Dakota, and Texas.

59 Johnson, op. cit., p. 133.

60 Ibid., p. 134.

61 Ibid., pp. 134-135. 1st and 2d years, biography and mythology; 3d year, American history, the elements of civil government; 4th year, Greek and Roman history; 5th year (high school), French history; 6th year, English history; 7th year, American history; 8th year, a special period for intensive study and civil government.

62 Ibid., p. 143. 1st year, Ancient history to 800 A.D., 814 A.D., or 843 A.D.; 2d year, Medieval and Modern European history; 3d year, English history, and 4th year, American history and civil government.

63 This includes Massachusetts whose law was discussed in chapter I. See page 7. Florida and Idaho did not name any social studies; hence they are not included in this number.

64 Connecticut, 1866, and Maine, 1873, still required “history.” General Statutes of New Hampshire, 1867, ch. LXXXI, sec. 4, p. 169; Laws of Minnesota, 1861, sec. 22, p. 60; Code of Public Laws of Maryland, 1903, art. 77, 70, Vol. II, p. 1472. The source of the law is from Laws, 1868, title II, ch. 1, sec. 2, p. 757.

65 Digest of Laws of Pennsylvania, 1883, 173, p. 308, in which is source of law from Public Laws, 1867, par. II (April 9, 1867). Laws of Wisconsin, 1861, ch. 176, sec. 4, p. 100; Laws of Indiana, 1865, sec. 34, p. 13. Statutes of Missouri, 1870, ch. 123, Vol. II, p. 1260, containing source from General Statutes, 1865, sec. 90, p. 273. Laws of Arkansas, 1868, sec. 60, p. 181. Statutes of California, 1865-6, sec. 87, p. 404, first and second grade certificates. These laws are continued by the following in successive legislation; Minnesota Laws, 1862, sec. 29, p. 26; ibid., 1864, sec. 29, p. 23; ibid., 1873, sec. 64, p. 71; General Laws, 1881, sec. 66, p. 480; ibid., 1894, sec. 3750, p. 1022; Laws of Wisconsin, 1868, ch. 109, sec. 4, p. 110; Revised Statutes of Indiana, 1881, 4425, p. 957, Laws, 1889, ch. LV, p. 85; ibid., 1899, ch. CCXIV, p. 489; Revised Statutes of Missouri, 1879, sec. 7077, Vol. II, p. 1394, which contains amendment of 1874 when civil government was added. These successive laws remained unchanged for the social sciences except where noted. Digest of Laws of Pennsylvania, 1894, p. 815; ibid., 1901, p. 859; in 1901, civil government, both state and local, were added. Acts of Arkansas, 1873, sec. 62, p. 40. Codes and Statutes of California, 1876, sec. 1748, Vol. I, p. 242.

66 Laws of Idaho, 1870-71, sec. 12, p. 10; Laws of Arkansas, 1875, sec. 33, p. 65; Laws of West Virginia, 1874, ch. 123, sec. 28, p. 399; also ibid., 1879, ch. 74, sec. 28, p. 143.

67 Laws of Texas, 1871-73, sec. 15, Vol. VII, p. 540; Code of Washington, 1881, sec. 3240, p. 564, Laws, 1871, sec. 6, p. 17, ibid., 1877, sec. 6, p. 424; Compiled Laws of Kansas, 1879, sec. 6, par. 81 (5181), p. 834; Laws, 1876, ch. 122, art. 6, par. 6; Laws of Colorado, 1870-72, sec. 10, p. 134, ibid., 1876, sec. 15, 2461, p. 811; Laws of Delaware, 1879, p. 52; Laws of Oregon, 1872, par. 25, p. 507.

68 Laws of Arkansas, 1875, sec. 33, p. 65, also ibid., 1868, sec. 60, p. 181, ibid., 1873, sec. 62, p. 410. Laws of New Hampshire, Minnesota, Missouri, Maryland, Maine, Iowa, Nebraska, Illinois and California were discussed in connection with the passage of earlier laws in the preceding chapter.

[69] Laws of Wisconsin, 1879, ch. 237, p. 346; Laws, 1887, ch. 79, p. 77.

70 Laws of New York, 1882, ch. 318, p. 382, certificate for prospective teachers; Laws of Ohio, 1882, p. 70. “An act to amend section 4074 of the Revised Statutes of Ohio relating to teachers’ certificates, making an examination in United States history essential.” General Statutes of Michigan, 1883, par. 5153, Vol. II, p. 1356 (a compilation of laws); Public Acts, 1887, ch. XII, sec. 4, p. 890, left unchanged the social studies by law of 1887, ch. 196, sec. 5153, p. 3539; Laws of Dakota Territory, 1883, ch. 44, par. 16. Revised Code, 1883, par. 16, p. 558, first and second grade certificates; Compiled Laws, 1887, par. 1770, p. 395; for first grade certificate, Dakota added civil government. Acts of Alabama, 1880-81, p. 75, first and second grade certificates, Code of Alabama, 1887, ch. 3, 984, Vol. I, p. 269, same certificates; Laws of Arizona, 1885, p. 140, Revised Statutes, 1887, ch. 2, 1485 (sec. 13), p. 272, first and second grade territorial certificates. Laws of Montana, 1883, sec. 1149, p. 57, for county certificates.

71 General Statutes of Connecticut, 1888, sec. 2135, p. 466; Digest of Laws of Pennsylvania, 1883, 173, p. 308; required United States history from a law of 1867; Laws of Delaware, 1887, sec. 4, p. 120, United States history. Laws of West Virginia, 1881, sec. 28, p. 182, “history” required for primary school certificates; see Laws, 1874, p. 399; Revised Statutes of Indiana, 1881, 4425, p. 957, Laws of 1889, ch. LV, p. 85, for common schools, United States history was required; Supplement to Revised Statutes of Wisconsin, 1878, required United States history, federal and state constitutions for the first, second, third grade certificates, also Laws, 1887, ch. 79, p. 77; General Statutes of Kansas, 1889, 5651, par. 90, p. 1831. United States history was required for first, second, and third grade certificates; also Laws, 1881, ch. 151, par. 6, amended by Laws, 1885, ch. 170, par. 1, p. 274; Revised Statutes of Idaho Territory, 1887, ch. VII, sec. 680, county certificates with the requirement of United States history; Code of Washington, 1881, sec. 3240, p. 564, United States history was required, from Laws, 1871, also Laws, 1885, p. 27; Codes and Statutes of California, 1885, par. 1772, Vol. I, p. 298, which was the same as in 1876; for county certificates United States history was prescribed.

72 General Statutes of Colorado, 1883, ch. XCVII, 3010, sec. 15, p. 883. This amended General Laws, 1879, p. 162, by adding “constitution of the United States”; Laws, 1889, sec. 4, p. 381.

73 Laws of Idaho, 1884, sec. 30, p. 192; also Revised Statutes, 1887, ch. VII, secs. 682, 683, p. 133. See chapter 1 for requirements in Nebraska, Iowa, Illinois, Connecticut, and Maine.

74 Laws of Oregon, 1885, p. 44, also Laws, 1872, sec. 25, p. 507.

75 Statutes of Oklahoma, 1893 (compilation), ch. 73, art. 5, p. 1094, for first and second grade certificates, also Laws, 1897, ch. 34, art. 6, p. 273. Revised Statutes of Wyoming, 1899, sec. 627, p. 228; Laws, 1899, ch. 70, p. 136, for second and third grade certificates. Laws of Florida, 1893, ch. 4192, p. 125, also Compiled Laws, 1914, 365, Vol. I, p. 136, for first grade certificates. See footnote, page 86.

76 Compiled Laws of Florida, 1914, 365, Vol. I, p. 136.

77 Laws of Wyoming, 1899, ch. 70, p. 136, also Revised Statutes, 1899, sec. 627, p. 228.

78 Laws of Pennsylvania, 1895, 41, p. 155, for high schools demanded general history and civics, but no mention was made of United States history. In Digest, 1894, p. 815, United States history was required for certificate from any county, borough, or its superintendent. Laws of Delaware, 1893, sec. 5, p. 691, professional certificates; ibid., 1898, sec. 24, p. 198, professional, first, second, and third grade certificates. Acts of West Virginia, 1891, ch. 64, p. 169, “history” and civil government for primary certificates; also Acts, 1895, ch. 26, 28, p. 81, for first, second and third grade certificates; adding general history in first grade certificate, see ibid., p. 82, also Code, 1899, ch. 45, 28, 29. Public Acts of Michigan, 1893, sec. 5, p. 35, also in Compiled Laws, 1915 (5881), sec. 5, Vol. II, p. 2213. Statutes of Wisconsin, 1898, ch. 27, sec. 447, p. 363, for all grades of licenses. General Statutes of Minnesota, 1894, ch. 36, par. 3749, par. 3750, Vol. I, p. 1022, for professional state certificate by law of 1893 approved April 18, 1893. Laws of North Dakota, 1895, 52, p. 27, for all certificates, ibid., 1897, par. 741, p. 108. Laws of South Dakota, 1891, ch. 56, par. 4, p. 119, ibid., 1893, ch. 78, 105, ibid., 1895, ch. 78, p. 83, in Compiled Laws, 1913, par. 55, Vol. I, p. 572. Revised Statutes of Missouri, 1899, sec. 9798, Vol. II, p. 2277, any certificates. General Statutes of Kansas, 1897, ch. 63, par. 200, p. 671, first grade certificate, but second and third grade required only United States history. Annotated Code of General Statute Laws of Mississippi, 1892, 4022, p. 889, first grade license; professional and state in 1896, Laws, 1896, p. III, secs. 6 and 7. Laws of Texas, 1822-1897, sec. 65, first, second grades and permanent certificates (23d legislature, 1893); by laws of 1891, state certificate general history and civil government; Revised Statutes, 1895, art. 3979, p. 787. Laws of Idaho, 1897, sec. 7, p. 75, ibid., 1899, sec. 17, p. 310. Laws of Washington, 1891, ch. XCVII, sec. 4, p. 244, Code, 1891, par. 773, Vol. I, p. 281, state certificate, ibid., par. 777, p. 285, first grade certificate. Revised Statutes of Utah, 1898, 1767, p. 425, state professional certificate, ibid., 1923, p. 455, for primary and grammar certificates, United States history only, but ibid., 1924, high school certificates; both United States history and civics for territorial certificate of first grade in 1890, civics and United States history, Laws, 1890, sec. 23, p. 115; Revised Statutes, op. cit., 1767, p. 425, state professional diploma of high school grade, general history, civil government, United States history. Statutes of California, 1893, p. 260, primary county certificates. Revised Statutes of Wyoming, 1899, sec. 627, p. 228, first, second, and third grade licenses, with political economy required for first grade.

79 Acts of Alabama, 1891, par. 2, p. 250. Approved February 4, 1891; also in Code, 1897, art. 6, Vol. I, p. 1007.

80 See citations in footnote 52.

81 Citation of reference in footnote 52. Also Acts of Iowa, 1896, ch. 39, p. 44, amends 1766 of Code.

82 Digest of Statutes of Arkansas, 1894, ch. 139, sec. 7010, p. 1523, Act of April 14, 1893; Laws of Indiana, 1899, ch. CCXIV, p. 489; General Statutes of Kansas, 1897, ch. 63, par. 201, 202, p. 671; Revised Statutes of Utah, 1898, 1796, p. 432.

83 Maine, Connecticut, Rhode Island, Illinois, Iowa, and Nebraska.

84 Connecticut, Illinois, Montana, Ohio, Oregon being the states which required only history. Oregon’s requirement was modern history.

85 Kentucky and Oregon passed laws this year.

86 Laws of Kentucky, 1862, ch. 636, p. 265. Approved August 30, 1862. Laws, 1889, Vol. I, p. 169, par. 15. In the law for the qualifications of teachers, however, the taking of the oath was not mentioned.

87 Acts of West Virginia, 1863, ch. 137, 35, p. 255; also Code, 1868, ch. 45, 31. p. 298; again Acts, 1866, ch. 74, 37, p. 65.

88 Acts of West Virginia, 1869, pp. 56, 104. For the law prescribing the oath, Code of West Virginia, 1868, ch. 45, 32, p. 299; Acts, 1863, ch. 106, p. 138. Constitution, ibid., ch. IX, p. 76. On February 7, 1870, this law was reënacted and amended. Code, op. cit., ch. 14, 32, p. 739 of Appendix.

89 Laws of Missouri, 1865-6, par. 89, p. 189.

90 Acts of Arkansas, 1868, sec. 61, p. 182. Again in Acts, 1873, sec. 64, p. 412. Repealed by an act of 1875.

91 Code of Oregon, 1862, sec. 9, p. 40.

92 Acts and Resolves of Rhode Island, 1865, pp. 126-127. The Twentieth Annual Report on the Public Schools in Rhode Island made to the General Assembly at the January Session, A.D. 1865.

93 Laws of Arizona, 1883, pp. 41 and 157, ibid., 1885, p. 146. The law made it a duty of superintendents of public instruction or county superintendents of schools to administer the following oath, but there was no separate law prescribing that a teacher take such an oath: “I, ——, do solemnly swear that I will support the constitution of the United States and the laws of the territory of Arizona; that I will true faith and allegiance bear to the same, and defend them against all enemies whatsoever, and that I will faithfully and impartially discharge the duties of the office (name of office) according to the best of my ability, so help me God.”

94 Laws of North Dakota, 1897, par. 742, p. 109; ibid., 1901, p. 99; ibid., 1905, p. 206. This statute was in the School Laws published in 1923. In 1900, North Dakota’s total population was 319,146 with a foreign population of 113,091.

95 Laws of Idaho, 1897, sec. 17, p. 85, ibid., 1899, p. 310; Code, 1901, ch. XL, Vol. I, p. 330. This law is found as late as 1921. Also Compiled Statutes, 1919, par. 946, Vol. I, p. 270. In 1900, Idaho’s population was 161,772, of which 24,604 were foreigners.

96 Laws of Nevada, 1907, ch. CLXXXII, sec. 30, p. 386; also Revised Statutes, 1912, sec. 3277, also Revised Laws, 1861-1912, 370, sec. 2, Vol. I, p. 113. Out of a total population, in 1900, of 42,335 Nevada’s foreign population was 10,093.

97 New Hampshire, Virginia and Louisiana.

98 General Statutes of Vermont, 1862, ch. 22, sec. 1, p. 169. The selection of the book was to be made as soon as possible, and was to be binding upon all teachers and boards of education until January, 1867. The law appeared in later statute books. Revised Laws of Vermont, 1880, ch. 33, sec. 558, p. 169; Vermont Statutes, 1894, sec. 700, p. 189.

99 Laws of Vermont, 1872, no. 14, sec. 1, p. 54. “Hall’s Geography and History of Vermont now in use by the authority of law, in the schools of Vermont, or such revised editions of the same as may be issued, shall be continued as a textbook for the term of five years from the first day of November, A.D., 1873.” Approved November 26, 1872. Legislation of this character is found also in 1888 and in 1890. Laws, 1888, no. 9, sec. 171, and 172, ibid., 1890, no. 7, p. 25.

100 Acts and Resolves of Rhode Island, 1865, p. 153. Report of the Superintendent of Public Education.

101 Laws of North Carolina, 1879, ch. 93, p. 177. Approved March 1, 1879. John W. Moore, author of textbook.

102 Code of West Virginia, 1868, 55, p. 308. For Holmes’ History of the United States, Laws, 1873, 58, p. 419. For geography, Knote’s Geography of West Virginia, Mitchell’s New Revised Geographies, Macy-Howe-Smith’s Lessons on the Globe, by laws of 1873 and again in 1891. Laws, 1891, p. 313. Laws of West Virginia, 1895, ch. 37, p. 63. For the General History by Myers, contract price $1.10, contract exchange price 82 cents; for the Leading Facts of American History, contract price 65 cents, exchange price 50 cents; Beginner’s American History, contract price 43 cents, exchange price 35 cents. Lewis’ History and Government of West Virginia, in fixing 80 cents as the contract price, and Dole’s The American Citizen with 65 cents as the exchange price were likewise named in the law.

103 Code of Virginia, 1887, sec. 1501, p. 404. By a law of 1883-4.

104 Laws of Indiana, 1889, ch. L, sec. 1, p. 75.

105 Ibid., 1891, ch. LXXX, sec. 1, p. 100.

106 General Statutes of Minnesota, 1881, ch. 36, par. 156, 157, p. 498. Contract for books let to D. D. Merrill, St. Paul. Laws of Kansas, 1897, ch. 179, sec. 4, p. 378. Laws of Montana, 1889, sec. 4, p. 211.

107 Laws of Kansas, op. cit.

108 Laws of Kansas, 1899, ch. 176, p. 357. It was required that the general history textbook must equal Myers’ General History and the English history must equal Montgomery’s English History.

109 Laws of Montana, op. cit.

110 Laws of South Dakota, 1891, par. 11, p. 239.

111 Laws of Missouri, 1897, sec. 5, p. 23. Approved March 31, 1897.

112 Digest of the Statutes of Arkansas, 1894, ch. 139, sec. 6975, p. 1519. Act of December 7, 1875. Also in Digest, 1904, sec. 7531, p. 1543; ibid., 1916, sec. 9379, p. 2132.

113 Laws of Arkansas, 1899, sec. 5, p. 148.

114 Laws of Idaho, 1884-85, p. 185; Laws of California, 1883-84, ch. VIII, sec. 1, p. 6.

115 Laws of Texas, 1822-1897, sec. 1, Vol. X, p. 145; Code of Alabama, 1897, art. 18, 1810.

116 Indeed, as early as 1842, New Hampshire had prescribed that “no book shall be directed to be used as a school book which is calculated to favor any particular religious or political sect or tenet.” Revised Statutes of New Hampshire, 1842, ch. 73, sec. 12, p. 151; Compiled Statutes, 1853, sec. 13, p. 178; General Laws, 1878, ch. 89, sec. 12, p. 217.

117 Laws of Mississippi, 1890, ch. 74, p. 88. The state superintendent, governor, and attorney-general were made a committee “to examine the various textbooks upon United States history and recommend with their approval such works as accord with their best judgment.”

118 Acts of Alabama, 1896-7, p. 204. County School Book Board for the county of Winston; ibid., for the county of Limestone; ibid., p. 637, for the counties of Sumter and Madison.

119 Acts of Georgia, 1866, p. 222. The same series were endorsed by Mississippi.

120 Laws of Maryland, 1868, ch. IX, sec. 1, p. 756; ibid., 1870, ch. 10, sec. 1, p. 547; Laws of South Carolina, 1870, sec. 10, p. 341.

121 Laws of Virginia, 1849, ch. 113, p. 66.

122 Revised Statutes of North Carolina, 1872-3, sec. 59, p. 583. This provided that “no sectarian or political textbooks or influences shall be used in any public school.” In Georgia the law prescribed that “the county board of education shall not be permitted to introduce into the schools any text-book or miscellaneous books of a sectarian or sectional character.” Code of Georgia, 1882, part 1, title XIII, ch. V, par. 1274, p. 270; also Acts of 1872, sec. XXXIII, p. 75; also Laws, 1887, sec. XXIII, p. 74.

123 Code of Georgia, 1895, sec. 5, par. 1365, Vol. I, p. 376. Legislation continued from 1872. Acts, 1872, sec. XXXIII, p. 75; also Code, 1882, part I, title XIII, ch. V, par. 1274, p. 270.

124 General Statutes of South Carolina, 1881-82, sec. 987, p. 294. Also Laws, 1870, sec. 10, p. 341. Code, 1902, sec. 1175, p. 452; Code, 1912, sec. 1699, Vol. I, p. 472.

125 Code of Alabama, 1897, art. 18, 1811; ibid., 1907; Session Laws of Kansas, 1897, ch. 179, sec. 4, p. 378; Revised Statutes of Arizona, 1887, 1530, sec. 58, p. 281, Laws, 1885, p. 153; Code of Washington, 1891, par. 791, 10, Vol. I, p. 292; Laws, 1883, p. 13; Codes and Statutes of California, 1876, sec. 1672, Vol. I, p. 235; ibid., 1905, Vol. I, p. 408.

126 Revised Statutes of Idaho Territory, 1887, ch. IX, sec. 705, p. 135. Also Laws, 1866, p. 27; Laws, 1870, p. 13; Laws, 1879, p. 24; Laws, 1890, p. 148; Laws, 1893, p. 211; Code, 1908, sec. 668, Vol. I, p. 406. This last forbade “sectarian and partisan instruction.” Compiled Statutes of Montana, 1885, sec. 1893, p. 1185. The term “partisan” in some states may have referred to the teaching of religious or political doctrines. Laws of Texas, 1822-1897, sec. 1, Vol. X, p. 145. Passed in 1891.

127 Acts of Kentucky, 1893, art. VI, par. 61, p. 1439. Approved July 13, 1893.

128 Compiled Laws of Dakota Territory, 1887, par. 1798, p. 401; Revised Code, 1883, p. 597, Session Laws, 1883, ch. 44, par. 130.

129 Dakota Territory, Montana, Idaho, Washington excluded from their schools “partisan” textbooks.

130 This period recognized the importance of vocational training as an important function of the public school, and developed an interest in other “expression subjects.” The content subjects were also expanded and liberalized. According to Cubberley, “The modern school aims to train pupils for greater social usefulness and to give them a more intelligent grasp of the social and industrial, as well as the moral and civic structure of our modern democratic life.” Cubberley, Ellwood P., Public Education in the United States (Boston, 1919), p. 370.

131 Only the outstanding committee reports are mentioned. Cf. Johnson, op. cit. An N. E. A. committee report appeared in 1916 but played no part in the social studies curriculum of the period. It expressed, however, the practical and social viewpoint of the time.

132 Eighteen states.

133 See chapter VI for a discussion of the activities of the G. A. R. in the North and of pro-Southern groups in the South to direct the content of history textbooks.

134 Laws of Vermont, 1900, no. 25, p. 19. The law of 1912 was substantially the same as that of 1900. Laws, 1912, sec. 1016, p. 68.

135 Laws of Vermont, 1902, no. 27, sec. 3, p. 39; ibid., 1904, no. 137, sec. 4, p. 62; Public Statutes, 1906, ch. 47, sec. 1016, p. 277.

136 Public Statutes of Vermont, 1906, ch. 46, sec. 1003, p. 275. Cf. Laws, 1888, ch. 5, sec. 95, p. 24.

137 Public Acts of Vermont, 1915, sec. 44, p. 131.

138 Supplement to the Public Statutes of New Hampshire, 1901-1913, p. 17 (1901, ch. 96, sec. 4, 1903, 31:1; 1903, 118:2; 1905, 19:1).

139 Supplement to the Public Statutes of New Hampshire, 1901-1913, ch. 92, sec. 6, p. 172. (Laws, 1903, 31:2; 1909, 49:1; 1911, 136:2.)

140 Public Acts of Connecticut, 1903, ch. 96, p. 65; General Statutes, 1918, ch. 45, sec. 852, Vol. I, p. 312.

141 Laws of Delaware, 1911, p. 197; Revised Statutes, 1915, ch. 71, 2289, sec. 17, p. 1102; ibid., ch. 71, 2288, sec. 16, p. 1100.

142 Laws of Pennsylvania, 1911, sec. 1607, p. 394.

143 Kentucky Statutes, 1909, ch. 113, par. 4421a (2), p. 1765; also Acts, 1904, p. 11. This law was on the statute books in 1909; also Acts, 1916, ch. 24, art. III, par. 24, p. 173. Code of Virginia, 1904, ch. 66, sec. 1497, p. 810; Acts, 1906, par. 1497, p. 443. Public Laws of North Carolina, 1901, ch. 4, sec. 37; 1905, ch. 533, s9; 1907, ch. 641, s853, 957; Revised Code, 1908, ch. 89, par. 4060, Vol. II, p. 2049; ibid., 1913, par. 1383, Vol. I, p. 332.

144 Code of South Carolina, 1902, sec. 1201, Vol. I, p. 462; ibid., 1912, sec. 1731, Vol. I, p. 480. Cf. page 16.

145 General Laws of Texas, 1905, sec. 100, p. 289; McEachon’s Annotated Civil Statutes, 1913, art. 2783, Vol. II, p. 1114. The same subjects are required through 1913.

146 Code of Alabama, 1907, 1685 (4), Vol. I, p. 741 See page 17 for the same law in the Code of 1897.

147 Code of Georgia, 1910, ch. 4, art. 4, sec. 3, par. 1464, Vol. I, p. 376. The law was passed in 1903.

148 Code of West Virginia, 1916, ch. 45, par. 78, p. 578; substantially the same in Acts, 1872, ch. 123; 1881, ch. 15; 1887, ch. 3; 1891, ch. 63; 1895, ch. 36; 1908, ch. 27; 1915, ch. 56.

149 Compiled Laws of Florida, 1914, 390, art. 4, Vol. I, p. 141; Laws, 1905, ch. 5382, sec. 6, p. 34, also Laws, 1903, p. 180.

150 Laws of Florida, 1909, ch. 5938, p. 126 (No. 69).

151 Constitution and Revised Laws of Louisiana, 1876 to 1902 (Act 214, 1902), sec. 23, p. 612; again ibid., 1908, p. 45; Annotated Revision, 1915, 2532, sec. 16, Vol. I, p. 846. The law was unchanged in the Revisions of 1908 and of 1915.

152 Laws of Mississippi, 1916, ch. 187 (4540), p. 277.

153 General and Local Acts of Ohio, 1904, sec. 4007-1, p. 359.

154 Ibid., 1910, p. 103.

155 Code of Ohio, 1910, sec. 7648, sec. 7649, p. 1622.

156 General and Local Acts of Ohio, 1911, sec. 7830, p. 130. Repealed February 17, 1914. Ibid., 1914, p. 109.

157 Revised Statutes of Illinois, 1913, ch. 122, 509, p. 2267. In force July 1, 1909. Again found, Revised Statutes, 1917, ch. 122, 509, p. 2736.

158 Statutes of Wisconsin, 1917, 40, 30, p. 375; ibid., 1915, ch. 27s. 447 (1863, c155 s55; 1866, c111 s6; 1869, c50 s1; 1871, c14 s1; R. S. 1878, s447; Suppl., 1906, s447; 1907, c118, 200; 1911, c409). Statutes of Wisconsin, 1913, ch. 27 s553 p-5, p. 335; ibid., 1917, s41.17 (1), p. 411. This law was repealed in 1917. The requirement was the same in 1915. Ibid., 1915, c275, s553, p-5, p. 335. In Wisconsin, in normal training courses in the high school, American history was required for at least one semester in the eleventh and twelfth grades.

159 Revised Laws of Minnesota, 1915, ch. 14, 1340, p. 273. General Statutes, 1913, 2299, p. 629; General Laws, 1895, ch. 17, sec. 2, p. 138. This legislation had been preceded by legislation of 1895, prescribing civil government for county schools.

160 Laws of Indiana, 1907, ch. 192, p. 324. Burns’ Annotated Statutes, 1914, 6582 (5984), Vol. III, p. 384, and 6584, p. 385.

161 Ibid.

162 Compiled Laws of South Dakota, 1903, 2378, p. 432. The teaching of civil government and United States history in the common schools.

163 Revised Code of North Dakota, 1913, par. 1383, Vol. I, p. 332. The requirement included American history and civil government.

164 Laws of Kansas, 1903, ch. 435, p. 672. History of United States and Kansas history. Laws, 1913, ch. 271, p. 454, added civil government. General Statutes, 1915, ch. 105, art. 5, par. 8985, p. 1818, for district schools, history of the United States and of Kansas.

165 Revised Statutes of Nebraska, 1913, ch. 71, art. X, 6839, sec. 140, p. 1907.

166 Revised Statutes of Missouri, 1909, par. 10852, and ibid., 1919, par. 11218, and ibid., 1909, par. 10923, Vol. III, p. 3400 respectively. The last law is also in Session Laws, 1903, p. 264; ibid., 1909, p. 770.

167 Laws of Oklahoma, 1905, p. 378; Compiled Laws, 1909, sec. 8233, p. 1664.

168 Revised Laws of Oklahoma, 1910, art. III, 7667, Vol. II, p. 2084; Session Laws, 1907-8, p. 14.

169 Session Laws of Oregon, 1911, ch. 58, sec. 59, p. 96.

170 Session Laws of Wyoming, 1913, Senate File No. 41, p. 45.

171 Ibid., 1917, ch. 123, p. 215.

172 Statutes of California, 1903, par. 1874: 2, p. 195; Codes and Statutes, 1905, par. 1874: 2, Vol. I, p. 451, Statutes, 1907, p. 70; Consolidated Supplement to Kerr’s Cyclopedia, 1913, par. 1665, p. 194. Cf. page 20.

173 Revised Laws of the Territory of Arizona, 1901, 2214 (sec. 85), p. 602. This is the same as Laws of 1885, p. 157, also Revised Statutes, 1887, 1553, sec. 81, p. 284.

174 Laws of New Mexico, 1911, ch. 41, p. 68. Approved June 8, 1912. Also Annotated Statutes, 1915, par. 4958, sec. 152, Vol. II, p. 1429.

175 Codes of California, 1905, 1772, Vol. I, p. 426, grammar school certificates; United States history and civil government were also required for this certificate. Compiled Statutes of Idaho, 1919, par. 986, Vol. I, p. 276; first grade certificate, with a choice of medieval and modern history or English history added to American history and civics required for other certificates. Session Laws, 1911, p. 448; ibid., 1915, p. 333; repealed in session 1921, Laws, 1921, p. 473. General Laws of Oregon, 1911, ch. 58, sec. 9, p. 89; for state certificate, general history was required. Revised Laws of Minnesota, 1905, ch. 14, 1354, p. 275, for professional certificates, ancient, medieval, English, and American history. General Laws of Wisconsin, 1919, ch. 601, first grade, modern history and United States history, history of Wisconsin, rural economics. Laws of Ohio, 1919, sec. 7831-2, p. 685, modern history, general history, economics, sociology, civics, among sixteen branches from which five were to be chosen for high school certificates. Laws of Missouri, 1911, sec. 10939, p. 408, first grade certificate, giving a choice of ancient, medieval or modern or English history for examination. Laws of Texas, 1921, ch. 129, sec. 108a, p. 243, high school certificate civil government, ancient and modern history, and for elementary certificate of second class, United States history and Texas history.

176 Compiled Statutes of Idaho, op. cit. Statutes of Nevada, 1912, ch. 114, p. 156, also Revised Laws, 1912, sec. 3263, Vol. I, p. 947, general history, United States history, civil government, current events for the first and second grade elementary certificates; sec. 3262, high school certificates; civil government, general history, United States history, with a selection of English history out of a group of subjects. Laws of Kansas, 1915, ch. 298, sec. 14, p. 392, first grade certificate, also in Laws, 1911, ch. 277, sec. 2, p. 506; ibid., 1913, ch. 268, p. 450. Statutes of Wisconsin, 1913, sec. 450-3, first grade certificate required English history, history of United States, civil government, local and national; for the third grade, the latter two were required.

177 Code of West Virginia, 1916, ch. 45, par. 87, elementary certificates, Laws, 1919, p. 87. Annotated Revision of Louisiana, 1915, 2572 (sec. 1, art. 55, 1906, Vol. I, p. 88), state teachers’ certificate. Laws of Texas, 1905, sec. 118, p. 293, permanent certificate and first grade. Revised Statutes of Illinois, 1913, ch. 122, 541, third to first grade elementary certificate, also ibid., 1917, ch. 122, 541, Laws, 1919, p. 900. Revised Laws of Minnesota, 1905, ch. 14, 1354, p. 275, professional state certificates. Laws of Nebraska, 1919, ch. 70, sec. 3, p. 262, professional state and high school certificate; also Revised Statutes, 1913, ch. 71, art. XIII, 6859, sec. 158, professional state certificate (Laws, 1905, p. 559). Laws of South Dakota, 1919, p. 169, repeals provisions of Revised Code, 1919, sec. 3; for a life diploma, general history, economics or sociology; also general history, United States history, South Dakota history and civil government in a state certificate; Laws of 1905, sec. 2286, p. 136, and ibid., 1911, p. 170. Compiled Laws of Utah, 1907, par. 1767, pp. 684-685, and ibid., 1917, par. 4509, p. 914, state professional certificates for grammar grades and high school. Statutes of Nevada, 1912, ch. 80, p. 157, first grade elementary school certificate; ch. 114, sec. 24, high school certificates (approved bill March 17, 1913); also Statutes, 1912, high school and elementary school certificates; General Laws, 1914, sec. 7831, high school certificate general history and a choice in elective history. Session Laws of Washington, 1909, sec. 4644, p. 516, first grade elementary certificates and life certificates; ibid., 1911, ch. 16, sec. 4, p. 51, life certificates. Political Code of Idaho, 1901, ch. XXXVI, sec. 1028, Vol. I, p. 311, first, second and third grade certificates.

178 Supplement to the Code of Iowa, 1902, sec. 2736, p. 315. Acts, 1906, ch. 122, sec. 4, p. 88, first grade certificate had been found as early as 1882. Laws of Nebraska, 1903, par. 5542, sec. 5; in 1919, political economy is not mentioned. Revised Statutes of Wyoming, 1899, sec. 627, p. 228; also Laws, 1901, ch. 57, p. 60.

179 Compiled Laws of South Dakota, 1913, par. 13, Vol. I, p. 565, for life certificates.

180 Statutes of Wisconsin, 1915, ch. 27s. 450-2, p. 272. Digest of Statutes of Arkansas, 1921, par. 9022, rural teachers’ certificate (Act of March 28, 1917).

181 Compiled Laws of South Dakota, 1913, par. 55, Vol. I, p. 572; ibid., 1911, p. 413; Revised Statutes, 1919, par. 7392, p. 1847, for first grade certificate; also Laws, 1919, p. 170. Laws of Nevada, 1907, secs. 15, 16, 17, p. 383, “current news”; Statutes, 1921, ch. 208, sec. 25, elementary school certificate, first grade, “current events.”

182 Statute Law of Pennsylvania, 1920, 5003, p. 462, professional and provisional certificates. Laws of Delaware, 1919, 2326-118, sec. 118, elementary school certificate; ibid., 1920, sec. 170, p. 190. Code of West Virginia, 1916 (all statutes in force), ch. 45, par. 87, p. 580, for elementary and first three grades of certificates; again in Laws, 1919, p. 87, ibid., 1921, sec. 104, elementary certificate. Statutes of Kentucky, 1918, ch. 113, art. XI, par. 4501, p. 941, for all certificates. Laws of Mississippi, 1916, ch. 188, 4543, p. 278, first and second grade licenses; also state licenses, Laws, 1908, p. 209. Code of Alabama, 1907, 1734, Vol. I, p. 757, the first three grades of certificates. Revised Laws of Oklahoma, 1910, 7923, Vol. II, p. 2153, the first three grades of licenses. McEachin’s Civil Statutes of Texas, 1913, articles 2799-2802, Vol. II, p. 1117, permanent certificates (also Sayles’ Civil Statutes, art. 3974, pp. 1419-20) and first, second, third grade certificates, and Laws, 1905, sec. 118, p. 293; ibid., 1921, p. 243. Laws of Wisconsin, 1919, ch. 601, 39.18 (1), 39.19 (1), and 39.20 (1), for first, second, and third grade certificates. Laws of South Dakota, 1919, p. 169, Compiled Laws of South Dakota, 1913, secs. 13 and 14, Vol. I, p. 565, life diploma, state, first, second, third grade certificates, and primary. Revised Statutes of Illinois, 1913, ch. 122, p. 2271, county certificates; ibid., 1917, ch. 122; Laws, 1919, p. 900, as well as Laws of 1903 and 1905. Laws of Kansas, 1915, ch. 298, p. 392, for the first, second and third grade certificates; ibid., 1913, ch. 268, p. 450; ibid., 1911, ch. 277, p. 506. Statutes of New Mexico, 1915, par. 4957, Vol. II, p. 1429, first and second grade certificates.

183 Arizona prescribed for first and second grade certificates, civics and “history,” which probably meant American history. See Revised Laws, 1901, 2142 (sec. 13), p. 584.

184 In Florida, for example, June 3 was made a holiday to “perpetuate in the minds of the people the purity of life, the intellectual ability, the heroic fortitude, and the patriotic character of Jefferson Davis.” Laws of Florida, 1891, ch. 4058, p. 99.

185 See American History and Patriotic Program for all Schools of Oklahoma, issued by the State Department of Education, 1921, p. 7.

186 Laws of New York, 1898, secs. 1, 2, 3, Vol. III, p. 1191; Revised Laws of Massachusetts, 1902, ch. 42, sec. 50, Vol. I, p. 474; Laws of Indiana, 1907, ch. 253, p. 537; Acts of Iowa, 1913, ch. 245, sec. 2, p. 264; Laws of Arizona, 1903, no. 19, p. 25.

187 Burns’ Annotated Statutes of Indiana, 1914, 5852a, Vol. III, p. 385.

188 Laws of Kansas, 1907, ch. 319, p. 493. The Iowa law, 1913, is much like this law. See Acts of Iowa, 1913, p. 264. The Grand Army of the Republic and the Woman’s Relief Corps were actively engaged in supplying schools with flags for the purpose of inculcating patriotism throughout this period.

189 Acts of New Jersey, 1915, p. 904.

190 Revised Statutes of Maine, 1916, ch. 16, sec. 52; Laws, 1907, ch. 182, p. 199; ibid., 1915, ch. 176.

191 No attempt is made to treat legal holidays where the law requires observance by simply specifying the dates of such days. They are discussed only when the enactments indicate patriotic exercises to be held within the public schools, or where the purpose of teaching history through the observance of such days is stated.

192 Laws of Kansas, 1886, ch. CXXV, p. 167. Approved February 18, 1886. Especially active in their desire for a proper observance of Memorial Day were the G. A. R., who in annual encampments frequently expressed a faith in it as a means for promoting patriotism as well as for memorializing the deeds of their comrades.

193 Statutes of Vermont, 1894, no. 25, par. 685, p. 21; Public Statutes, 1906, ch. 46, sec. 1005, p. 275; General Laws, 1917, ch. 57, sec. 1240.

194 Acts and Resolves of Massachusetts, 1890, ch. III, sec. 1, p. 94; Laws of New Hampshire, 1897, ch. 14, p. 16; also Laws, 1921, ch. 85, sec. 23, p. 127. The latter date in New Hampshire might indicate a reënactment. South Dakota, in 1921, specially designated Memorial Day as “Citizenship Day.” See page 98.

195 Laws of New York, 1898, ch. 481, Vol. II, p. 1191. Laws of Arizona, 1903, no. 19, p. 25. Laws of Kansas, 1907, ch. 319, p. 493.

196 Laws of New York, op. cit. Laws of Arizona, op. cit. Laws of Kansas, op. cit.

197 Statutes of California, 1909, ch. 527, p. 861, approved April 13, 1909. Acts and Resolves of Maine, 1909, ch. 190, sec. 1, p. 190. Acts of New Mexico, 1909, ch. 121, sec. 7, p. 342. Acts of West Virginia, 1911, ch. 40, p. 117. Also in West Virginia Code, 1916, ch. 15, par. 1, p. 246. General Laws of Vermont, 1917, ch. 57, sec. 1241, p. 295.

198 Acts and Resolves of Rhode Island, 1914, ch. 1071, sec. 2, p. 110; also Acts, 1901, ch. 818, p. 55.

199 This law was passed in 1911. Compiled Laws of Michigan, 1915, ch. 108 (5823), sec. 1, Vol. II, p. 2198. Non-compliance might cause the revocation of the teacher’s certificate by the county commissioner of schools or by the superintendent of public instruction.

200 Laws of Maryland, 1904, sec. 47, p. 991. Acts and Resolves of Maine, 1913, ch. 195, sec. 88, p. 240.

201 Ibid.

202 Compiled Laws of Michigan, 1915, op. cit. General Laws of Oregon, 1921, ch. 41, p. 62. This law, although coming in 1921, possesses the characteristics of those of the earlier period. See page 93. Annotated Revision of Statutes of Louisiana, 1915, 2659, 2660, secs. 1, 2, Vol. I, p. 893. (Act 56, 1919, p. 92.) West Virginia in 1911, also, set aside October 12 for celebration in the common and graded schools. Laws, 1911, ch. 40, p. 117.

203 Laws of New York, op. cit. Laws of Arizona, op. cit. Laws of Kansas, op. cit.

204 Public Acts of Connecticut, 1905, ch. 146, p. 355. Approved June 16, 1905. This amended 2140 of the General Statutes.

205 Proclamation of the Governor of New Jersey (E. C. Stokes). Laws, 1906, p. 787.

206 Acts and Resolves of Massachusetts, 1897, p.628. This bill passed the Senate February 3, 1897, and the House on February 8, 1897.

207 General Laws of Rhode Island, 1909, title X, ch. 64, sec. 8, p. 267.

208 Code of South Carolina, 1912, par. 1810, Vol. I, p. 496. Laws, 1906, XXIII, 22; approved February 17, 1906.

209 Code of Georgia, 1910, art. 7, par. 1528, Vol. I, p. 395. See page 96 for North Carolina’s law setting aside October twelfth for commemoration. The next chapter continues the discussion for laws passed after 1917.

210 Digest of Arkansas Statutes, 1916, sec. 9654, p. 2166.

211 Laws of Maryland, 1904, sec. 47, p. 991.

212 Laws of Minnesota, 1911, ch. 81, sec. 1, p. 97. The day known as Minnesota Day was designated by the superintendent of public instruction by proclamation, the governor concurring.

213 Laws of Montana, 1913, ch. XIV, 1400, p. 263. In this year the first Monday in November was named. A previous law, 1903, provided for an observance on the last Friday in May. (Laws, 1903, ch. LXXXVIII, p. 161.)

214 Laws of Missouri, 1915, p. 301.

215 Laws of Illinois, 1919, Sen. Bill, no. 238, p. 894. In a case such as this the law has been discussed here rather than in the following chapter. The chronological limits of the chapters have not always been strictly adhered to.

216 Approved March 11, 1904. The law also prohibited “partisan” books. Laws of Mississippi, 1904, ch. 86 (S. B. no. 51), p. 116. Also Code, 1906, ch. 125, 4595, p. 1246. Cf. chapter VI for the activities of pro-Southern groups in this period.

217 Ratified March 4, 1905, Laws of North Carolina, 1905, ch. 707, p. 863.

218 Laws of Florida, 1915, ch. 6939 (no. 133), Vol. I, p. 311. Approved June 3, 1915. The appropriation was not available until each of eleven ex-Confederate states, or a majority of them, did likewise. The governor of Florida was appointed to communicate with other Southern governors about carrying out the act.

219 Laws of Texas, 1907, ch. IX, p. 449. Approved May 14, 1907. The law of 1911 added general history to the list of books. Laws, 1911, ch. 11, sec. 4, p. 90.

220 Code of Georgia, 1910, art. 1, sec. 2, par. 1439, Vol. I, p. 367. Also Laws, 1903, sec. 2, p. 54. Laws of Alabama, 1903, sec. 1, p. 167. Code of Mississippi, 1906, ch. 125, 4595, p. 1246. Laws of Kansas, 1915, ch. 297, p. 383.

221 Annotated Revision of the Statutes of Louisiana, 1915, 2519, Vol. I, p. 841 (sec. 3, act 214, 1912, p. 465). The books were to remain unchanged for a period of six years. Laws of Indiana, 1913, ch. 58, p. 115. Laws of Kansas, 1915, ch. 297, p. 383. In Indiana, the price of the history of the United States to be used in the common schools, could not exceed 65 cents. Burns’ Annotated Statutes of Indiana, 1914, 6338 (5867), Vol. III, p. 253.

222 Laws of Nevada, 1901, p. 50. Approved March 8, 1901.

223 Revised Code of Idaho, 1908, sec. 574, Vol. I, p. 370; Laws of 1907, sec. 3, p. 477. (Sen. Bill no. 84. Approved March 14, 1907.) There was also found on the statute books Idaho’s previous stipulation prohibiting political documents in the schools. Compiled Statutes, 1919, Vol. I, p. 297.

224 General Laws of California, 1913, ch. 482, art. 4542, p. 1713.

225 Laws of Ohio, 1892, p. 241; also Code, 1910, sec. 7719, p. 1635.

226 Statutes of New Mexico, 1915, par. 4959, sec. 153, Vol. II, p. 1429. Act of June 8, 1912. Legislation in West Virginia, Oklahoma, and Wisconsin included the stereotyped restriction regarding “matter of a partisan character.” See Laws of West Virginia, 1909, ch. 23, sec. 4, p. 346; General Statutes of Oklahoma, 1908, sec. 6324, p. 1313, Laws of 1907, ch. 77, p. 681; Statutes of Wisconsin, 1913, ch. 27, sec. 553m-12, p. 319, ibid., 1915, ch. 27 s 553m-12, p. 330.

227 Code of West Virginia, 1916, ch. 45, par. 165a, p. 599 (Acts of 1901, ch. 141).

228 Report of the Committee on Social Studies of the Commission on the Reorganization of Secondary Education of the National Education Association, “The Social Studies in Secondary Education,” Bulletin, 1916, No. 28, Department of the Interior (Washington, 1916).

229 According to a statement in The New York Times, March 30, 1924, the National Security League has been partly responsible for many enactments requiring the teaching of the federal constitution.

230 General Laws of Vermont, 1917, ch. 60, sec. 1277, p. 301.

231 Laws of Montana, 1917, ch. 128, par. 601, p. 309; Digest of the Statutes of Arkansas, 1919, ch. 158, par. 9066, p. 547. Accepted February 20, 1917.

232 In 1921, New Hampshire included in her curriculum the study of history and civil government in a law to reinstate foreign languages as a study in the public schools. In 1919 history and civics were required for all schools. Laws of New Hampshire, 1921, ch. 85, sec. 10(3), p. 125; ibid., 1919, ch. 106, sec. 13(1). In 1918, Connecticut carried over a law from the Revision of 1902 prescribing United States history, General Statutes of Connecticut, 1918, ch. 44, sec. 835, Vol. I, p. 308. Pennsylvania incorporated a law of 1911 prescribing instruction in general history and civil government in her Statute Law of 1920, Digest of the Statute Law of Pennsylvania, 1920, par. 5102, p. 470. In Kentucky, United States history, state history and civil government were required in 1918, carried over from a law of 1893. Statutes of Kentucky, 1918, art. III, par. 4383, Vol. III, p. 866; Laws, 1916, ch. 24, art. III, sec. 24, p. 162. In Texas in the Compiled Statutes of 1920, was again included a law requiring the teaching of civil government and state and national history. Statutes of Texas, 1920, art. 2783, p. 467.

233 Laws of Delaware, 1919, 2283, sec. 11, p. 356. This is found also in Laws, Special Session, 1920, 97th Assembly, sec. 12, Vol. XXXI, p. 113.

234 General Laws of Alabama, 1919, art. 3, p. 571; Acts of Georgia, 1919, sec. 18, p. 295.

235 Compilation of the Statutes of Tennessee, 1917, art. XV, 1453, Vol. I, p. 983, ibid., 1454.

236 Statutes of Texas, op. cit.

237 Laws of South Dakota, 1919, sec. 7511, p. 154.

238 Laws of California, 1917, ch. 549, p. 728. Approved May 18, 1917. It was the same for the social studies for the elementary schools in 1921. Statutes, 1921, ch. 486, p. 739. A law of Illinois in which instruction was to be devoted to “raising the standard of good citizenship” was passed in 1909, and was still on the statute books in 1917. Revised Statutes, 1917, p. 273.

239 Revised Code of South Dakota, 1919, par. 7660, p. 1917. Source 1918, ch. 39.

240 Statutes of Texas, 1920, art. 2904, aa, p. 492. Acts, 1918, ch. 17, sec. 1, p. 29.

241 Ibid., approved March 20, 1918.

242 Laws of New York, 1918, ch. 241, art. XXVI-C, secs. 705, 706, pp. 886-887. See the discussion under Oaths of Allegiance as Teacher Requirement for a statement regarding the repeal of the Lusk Law.

243 General Acts of Massachusetts, 1918, pp. 294-295; Acts, 1920, ch. 411, p. 418. General Statutes of Connecticut, 1918, ch. 45, sec. 852, Vol. I, p. 312. In 1903, Connecticut was a pioneer in this form of law, which was slightly changed in 1915. At this time it was prescribed that normal schools and teacher training schools should give instruction concerning methods of teaching citizenship, including the knowledge of the form of the national and local governments. Connecticut left her law of 1915 unchanged in her General Statutes of 1918.

244 Acts of New Jersey, 1919, ch. 125, p. 304.

245 Laws of Pennsylvania, 1919, sec. 1607, pp. 544-545. Amends an act of May 18, 1911. In 1921 the law relating to courses of instruction for public and private elementary schools was amended but carried with it the requirement of United States history, history of Pennsylvania, and civics including “loyalty to the state and national government.” Commonwealth of Pennsylvania, Department of Public Instruction, The School Law... 1921, sec. 1607, p. 116.

246 Laws of Ohio, 1919, secs. 7645 and 7762, p. 542. Approved June 6, 1919. Acts of Iowa, 1919, ch. 406, p. 535. Approved April 25, 1919. Private as well as public schools were included. Laws of Kansas, 1919, ch. 257, secs. 2 and 3, p. 352; Session Laws of Washington, 1919, p. 50. Alabama in 1919 added community civics to her elementary school curriculum but merely enumerated her subjects. General Laws of Alabama, 1919, art. 3, sec. 7, p. 571.

247 Laws of Maryland, 1920, ch. 656, p. 1248.

248 Resolves of Maine, 1921, ch. 25, p. 27.

249 Laws of New Hampshire, 1921, ch. 85, sec. 5(3), p. 114.

250 Acts of Michigan, 1921, no. 209, secs. 1, 2. Cf. Iowa’s law of 1921, page 80.

251 Wisconsin Session Laws, 1921, ch. 81, p. 152. Amends sec. 40. 30.

252 Laws of Illinois, 1921 (House Bill, no. 483), pp. 820-821.

253 Acts of Iowa, 1921 (S. F. 770), pp. 81-82; Laws of Nebraska, 1921, ch. 53, sec. 6924, p. 230.

254 Acts of Oklahoma, 1921, ch. 112, secs. 1, 2, 3, 4. The state superintendent of instruction had power of enforcement. In case of a violation a fine of not less than $100 and not more than $500 or imprisonment in the county jail for not less than thirty days nor more than six months, or both, may be the penalty. A teacher is subject to discharge or removal in case of malfeasance and a college (corporation) is liable to a revocation of its charter.

255 Laws of Colorado, 1921, ch. 216, p. 728. Approved April 5, 1921.

256 Acts of Arizona, 1921, ch. 140, sec. 1, p. 312.

257 Statutes of Nevada, 1921, p. 28 (Senate Bill No. 43).

258 Laws of New Mexico, 1921, ch. 172, p. 364. See law of 1912, page 52.

259 Statutes of California, 1921, ch. 486, p. 739. See page 43.

260 Acts of Virginia, 1922, p. 69 (amending section 702 of the Code). Virginia School Laws, 1923, p. 41; Public Laws of Rhode Island, 1922, ch. 2195, sec. 17.

261 Laws of Utah, 1921, ch. 95, p. 284. Approved March 5, 1921.

262 Laws of Nevada, 1917, ch. 146, p. 245. Approved March 21, 1917. This was less than one month before the United States entered the World War, and the avowal of service in peace or in war, therefore, acquires a peculiar significance. See page 81 for Nevada’s law of 1921.

263 Compiled Statutes of Idaho, 1919, p. 269, par. 944. From the Political Code, 1901, sec. 1067, Vol. I, p. 329. See page 21 for the first discussion of the law.

264 “In all public schools of this state it shall be the duty of each and every teacher to teach morality, for the purpose of elevating and refining the character of school children up to the highest plane of life; that they may know how to conduct themselves as social beings in relation to each other, as respects right and wrong and rectitude of life,...” Statutes of Wisconsin, 1917, 40. 30 (5), p. 376.

265 Statement of the Arkansas law. Cf. Oklahoma law passed in 1921, page 80.

266 Digest of School Laws... of Arkansas... 1923, p. 166. Approved March 23, 1923, this law provides that no person can graduate from high school without at least one full year’s work in American history and civics. School Laws of Mississippi, 1924, ch. 283, p. 3; School Laws of Ohio, 1923, p. 41; Public School Laws of Tennessee... 1923, p. 35; Acts of West Virginia, 1923, ch. 10, sec. 92, p. 40; State of Kansas, Senate Bill No. 13, repealing Sec. 72-1103 of the Revised Statutes of Kansas, 1923.

267 Laws of Alabama, 1923, p. 87, approved July 27, 1923; School Laws of the State of Idaho (1923), p. 57; Acts of New Jersey, 1923, ch. 17, p. 17; Laws of Oregon, 1923, ch. 7, sec. 102; Laws of Utah, 1923, ch. 4, approved January 27, 1923; Laws of New York, 1924, ch. 64, article 26-d, sec. 707, approved March 24, 1924. School Laws of Delaware, 1923, pp. 62-63. The Public School Law of North Carolina Codification of 1923, p. 120.

268 School Legislation of the Thirty-Eighth Legislature (of Texas), pp. 36-37. The Texas requirement comes through a resolution of the Senate of the state with the House of Representatives concurring, because “the American Bar Association, the Texas Bar Association, the bar associations of various other states, as well as other patriotic societies, are advocating the teaching of the Constitutions of the United States and of the several states in the public schools.”

269 Laws of Minnesota, 1923, ch. 291, p. 388. Approved April 17, 1923.

270 Laws of New Mexico, 1923, ch. 148, sec. 1417, p. 325; also New Mexico School Code, 1923, p. 34.

271 Statutes of California, 1923, ch. 176, secs. 1 and 2. Georgia School Code... 1923, p. 70, approved August 20, 1923.

272 The following provide that the course start not later than the eighth grade: Statutes of California, 1923, ch. 176; Laws of Alabama, 1923, p. 87, law approved July 27, 1923; School Laws of Delaware, 1923, pp. 62-63, approved March 14, 1923; School Laws of the State of Idaho (1923), p. 57; Laws of Minnesota, 1923, ch. 291, p. 388, approved April 17, 1923; Oregon School Laws, 1923, p. 39, Laws, 1923, ch. 7, sec. 102; Public School Laws of Tennessee, 1923, p. 35, Laws of Tennessee, 1923, ch. 17, sec. 1, pp. 61-62. In New Jersey, the seventh grade is prescribed for the beginning of the study. Acts of New Jersey, 1923, ch. 17, p. 17. In Arkansas, it is required that “such teaching shall commence in the lowest primary grade,” but Arkansas history may be substituted for American history in one of the grades. Digest of School Laws of Arkansas, op. cit.

273 Congressional Record, 68th Cong., 2d Sess., Vol. LXVI, No. 77, pp. 5396-5398. The five states not enacting social study laws for the curriculum (1917 to 1924) are Florida, Maryland, Missouri, North Dakota, and South Carolina.

274 Few states during this period have enacted new laws requiring the examination of teachers in the social studies. Nevada, by a law of 1921, has required United States history, civics and current events for elementary school certificates. Laws of Nevada, 1921, ch. 208, sec. 25, p. 302. In 1923, Tennessee prescribed that all persons applying for a certificate to become teachers or superintendents in the public schools must pass a satisfactory examination upon the provisions and the principles of the Constitution of the United States. Laws of Tennessee, 1923, ch. 17, sec. 2. Washington, likewise, by an enactment of 1923, has prescribed United States history for a standard elementary certificate. Laws of Washington, 1923, p. 579. Florida, in 1923, enacted legislation requiring United States history, including the Constitution of the United States for primary and third grade certificates, civics for second grade, and general history, in addition to the other social studies for a first grade license. Compilation of School Laws of Florida, 1923, Supplement, pp. 4-5. Maryland, in 1922, required United States and Maryland history and community civics for elementary school certificates. Maryland Public School Laws, 1922, p. 40. See pages 52-56. Iowa, in 1924, made mandatory a knowledge of “the fundamental principles of a republican form of government and the Constitution of the United States and of the State of Iowa.” Code of Iowa, 1924, ch. 193, sec. 3862. Kansas, in 1925, prescribed United States history and civil government for certification. See Senate Bill No. 13, 1925.

275 Public Acts of Michigan, 1915, p. 13.

276 Statutes of Nevada, 1915, ch. 274, secs. 1, 2, 3, 4. Approved March 26, 1915.

277 Statutes of California, 1915, approved May 20, 1915. School Laws of California, 1921, p. 203. This law does not forbid aliens to teach in colleges and universities.

278 See page 76. Laws of New York, 1917, ch. 416, par. 568, Vol. II, p. 1280.

279 Ibid., 1919, ch. 120, 3, p. 218. Law, March 31, 1919. Ibid., 1918, ch. 158, par. 550, p. 749. Approved April 4, 1918.

280 Ibid., 1921, par. 555a, Vol. III, p. 2048.

281 Ibid.

282 Laws of Washington, 1919, sec. 1, p. 82; Laws of Nebraska, 1919, ch. 250, sec. 1, p. 1020; Acts of Michigan, 1919 (no. 220), sec. 1, p. 392; Laws of Tennessee, 1919, ch. 91, p. 223; Compiled Statutes of Idaho, 1919, par. 946, Vol. I, p. 270. Idaho, in her Laws of 1921, has another enactment, but it has the same purpose; Laws of 1921, sec. 77, p. 464. Laws of Montana, 1919, ch. 196, sec. 18, p. 429, amending law of 1905, by which any teacher holding a certificate and not a citizen was given time (six months) to declare his intention. Political Code, ch. 77, sec. 1912, p. 167. For California’s law see School Law of California, 1921, p. 203. North Dakota’s previous citizenship requirement is discussed on page 34. See Laws of North Dakota, 1921, ch. 111, p. 90. According to letters received from the state superintendents of Mississippi and Maryland, aliens are not permitted to teach in those states.

283 Laws of Ohio, 1919, supplements 7852 of General Code, sec. 7852-1, p. 514. Laws of Colorado, 1921, ch. 213, sec. 1, p. 719. Laws of Oregon, 1921, ch. 115, p. 226, approved February 18, 1921.

284 Statutes of Nevada, 1921, sec. 38, p. 303. Approved March 22, 1921. This was required of all teachers paid by the state, even those in the University.

285 Acts of Oklahoma, 1921, ch. 15, p. 141. Approved March 24, 1921.

286 The School Law of West Virginia, 1923, p. 44. According to the superintendents of public instruction in Rhode Island and Kansas a pledge to support the national and state constitutions is a requirement in those states for all teachers. See Teachers’ Pledge of Loyalty, Rhode Island Public Education Service, and Teachers Contract, State of Kansas.

287 Laws of South Dakota, 1921, ch. 210, p. 317. Approved February 1, 1921. This law became effective at once, because it was “necessary for the immediate preservation of the public safety and for the support of the state government and its existing public institutions.”

288 Oklahoma School Laws, 1923, p. 18; Acts of Oklahoma, 1921, ch. 15, sec. 2, p. 141. California Assembly Bill, No. 1329, 1923, sec. 6. “Any teacher or official of any educational institution in California who shall teach or speak before his or her pupils or public gatherings of an educational nature, or publicly, slightingly or contemptuously of the Constitution of the United States, or of the framers thereof, or of the men who founded this republic, or helped preserve and defend it, or its heroes and patriots, or shall teach un-American principles, or fail to carry out and support the spirit of this act according to its true intent and meaning, shall be deemed to have voluntarily violated his or her contract or oath of office and shall be automatically removed if the charges are proven....” See page 102 for the section of the bill relating to textbooks.

289 68th Congress, Public—No. 595—H. R. 12033. An act making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1926, and for other purposes. According to The World Tomorrow, “Missouri attached a rider to its last appropriation bill forbidding State colleges and schools to employ any person ‘who teaches, or advocates in public and private that the citizens of this State should not protect the government of the United States from aggression by other nations.’” The World Tomorrow, Vol. VIII (June, 1925), p. 186.

290 Statute Law of Pennsylvania, 1920, art. XXVIII, par. 5393, p. 494. Public Laws, 1911, art. XXVIII, par. 2801, p. 309, May 18. This is quite the opposite of Arkansas’ law which prescribed that all teachers must believe in a “Supreme Being.”

291 General Acts of Massachusetts, 1913, ch. 628, p. 556. Approved May 8, 1913.

292 Ibid., 1917, ch. 84, p. 76. A fine of no more than fifty dollars could be imposed for violation of this law.

293 Laws of New Jersey, 1918, ch. 44, sec. 2, p. 131. Laws have been passed in California, Connecticut, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Nebraska, New Hampshire, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Mississippi, and West Virginia.

294 Socrates is an example of one who, in ancient times, was penalized for holding doctrines then unacceptable.

295 Laws of Maryland, 1918, ch. 75, sec. 1, 176a, p. 121. Approved April 10, 1918.

296 Ibid., 1920, ch. 381, sec. 1, p. 665. Approved April 16, 1920. In Michigan all applicants for an eighth grade diploma have been required to pass an examination on “the first verse of the Star Spangled Banner and the words of America.” General School Laws of Michigan, 1923, p. 107, am. 1919, act 72 (275), par. 5824, sec. 2.

297 Acts of Oklahoma, 1921, ch. III, p. 137. Approved March 24, 1921.

298 Laws of Minnesota, 1917, ch. 108, sec. 1, p. 135. Approved March 26, 1917.

299 General Laws of Alabama, 1919, no. 733, p. 1083. See page 62 for a law of Oregon passed in 1921.

300 Public School Law of North Carolina, pt. XIII, art. 38, sec. 367.

301 School Laws of Oklahoma, 1923, p. 69; Session Laws, 1921, sec. 342.

302 Laws of Washington, 1921, ch. 56, p. 171. “Victory and Admission Day.” California added Armistice Day to her legal holidays in 1921, likewise including “Admission Day” on September ninth. Statutes of California, 1921, ch. 350, p. 481. School Law of West Virginia, 1923, p. 32.

303 Laws of Maryland, 1920, pp. 1448-1449.

304 Laws of Wisconsin, 1923, ch. 337, amending section 40.28 of the statutes.

305 Educational Laws of North Dakota, 1923, ch. 282, p. 45. See page 62 for Oregon’s law of 1921 setting aside Columbus Day for observance.

306 General School Laws of Michigan, 1923, p. 107.

307 Laws of South Dakota, 1921, ch. 144, secs. 1, 2, pp. 235-236. The certificates were to be presented with proper ceremony at some place where there were patriotic addresses and music. Approved March 8, 1921. In South Dakota an observance of “Frances Willard Day,” besides the recognition of the benefits of prohibition, had the additional duty of stimulating “patriotism and civic improvements.” Revised Code, 1919, par. 7662. Washington set aside January sixteenth as “Temperance and Good Citizenship Day” for studying the biographies of great leaders in “temperance and good citizenship.” Session Laws of Washington, 1923, ch. 76, p. 236.

308 Acts of Georgia, 1919, sec. 18, p. 295; Laws of Florida, 1917, ch. 7374 (no. 116), p. 230, added to United States history, history of the state and civil government, Laws of 1911-12, for high schools American history and civil government, English history, and general history; General Laws of Alabama, 1919, art. 23, p. 634; Digest of the Statutes of Arkansas, 1921, par. 9066, p. 2330, also Laws, 1921, act 285, p. 328 for regular grade work; Compilation of Laws of Tennessee, 1917, art. XVII, 1461a 24, Vol. I, p. 993, also Laws, 1919, ch. 142, sec. 3, p. 525, Sen. Bill no. 506; Code of West Virginia, 1916, ch. 45, par. 155a, p. 594. General history was also included. Public School Law of North Carolina, 1923, p. 87, art. 30, sec. 322.

309 Laws of Georgia, 1918, p. 919 (no. 60). This is probably an outgrowth of the movement found in the previous period to teach history and government from a pro-Southern viewpoint.

310 Laws of New York, 1918, 674, p. 892, approved April 17, 1918.

311 Laws of New Hampshire, 1921, ch. 85, sec. 13, p. 125.

312 Acts of Georgia, 1919, p. 295; General Laws of Alabama, 1919, p. 634; Compilation of Laws of Tennessee, 1917, 1461a 24, Vol. I, p. 993; Statutes and Amendments Code of California, 1917, ch. 552, 1607, p. 736.

313 For a full discussion see chapter VII.

314 “..., the state superintendent shall fix a time for a public hearing upon such a complaint, which shall not be more than thirty days from the date of filing said complaint, and shall be conducted by the state superintendent or the assistant state superintendent, or by one of the state inspectors of schools, to be designated by the superintendent, and which hearing shall be held at the county seat of the county where the complainants reside. Notice of such hearing shall be given at least ten days prior to the date thereof through the public press and by registered mail to the complainants, the school board interested and to the publishers of such textbooks.” Laws of Wisconsin, 1923, ch. 21, sec. 40.30. Massachusetts House Bill No. 718. “An Act relative to Certain Textbooks in the Public Schools.”

315 Oregon School Laws, 1923, ch. III, sec. 571, p. 169.

316 Assembly Bill (California) No. 1329, introduced by Mr. Ball.

317 State of New York, 3d Rdg. 652, Nos. 602, 1781, 1997, Int. 581. In Senate, February 7, 1923.

318 State of New York: No. 1186, Int. 1086. In Senate, March 5, 1924. Introduced by Mr. Higgins.

319 The New York Times, March 19, 1924.

320 Assembly, No. 14 (with Amendments), State of New Jersey. Introduced January 8, 1924, by Mr. Williams. (For the Speaker.) The bill provided also that any forty citizens of a school district could file complaints against histories and a public hearing should be held within thirty days.

321 The New York Times, February 12, 1924. The endorsement given this bill by patriotic and fraternal groups is treated on pages 275-276.

322 Ibid., April 19, 1923, The Freeman, Vol. VII (May 2, 1923), p. 170. The Oklahoma legislature of 1923 forbade the use of textbooks teaching the “‘Materialistic Conception of History’ (i.e.) The Darwinian Theory of Creation vs. the Bible Account of Creation.” Approved March 24, 1923. House Bill No. 197. The use of the term “materialistic conception of history” is interesting in this connection.

323 Among the states which have Americanization laws that have no specific statement prescribing the teaching of American citizenship are Alabama, Connecticut, Iowa, Missouri, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Virginia and West Virginia. Most of these laws were enacted in 1919, some prescribing the establishment of classes for uneducated adults, others specifying Americanization courses. In North Carolina, there is a law to remove illiteracy, and in New Mexico the schools are to give “nocturnal courses of instruction.” These laws are not discussed because they do not provide for the teaching of citizenship. One of the earliest evening schools was in Massachusetts, 1886, where United States history was one of the prescribed subjects. Supplement to Public Statutes of Massachusetts, 1882-1888, ch. 174, p. 117, “An Act for the Establishment and Maintenance of Evening Schools.”

324 Statutes of California, 1917, ch. 552, p. 742.

325 Ibid., 1919, ch. 605, sec. 4, p. 1049.

326 Ibid., 1921, ch. 489, p. 742. Approved May 27, 1921.

327 Laws of New York, 1918, ch. 415, pp. 1257-1258.

328 Ibid., 1921, ch. 327, Vol. II, p. 1037.

329 General Laws Relating to Education, Massachusetts, 1923, p. 18. “Education and Protection of Aliens,” 1917, 321, par. 2; 1919, 350, par. 59; 1920, 72.

330 Acts of Arizona, 1918, ch. 10, sec. 1, p. 29 (Sen. Bill No. 19). In 1921 a bill for the education of foreigners in the public schools was passed.

331 Laws of Maine, 1919, ch. 148, p. 148. Revision of ch. 116, sec. 137. Approved April 1, 1919.

332 Laws of New Hampshire, 1919, ch. 106, secs. 5 and 30, pp. 157, 165. Also Laws, 1921, ch. 85, sec. 5, p. 113.

333 Acts and Resolves of Rhode Island, 1919, ch. 1802, sec. 2, p. 212.

334 Laws of Pennsylvania, 1919, no. 311.

335 Laws of Delaware, 1919, ch. 158, sec. 1, p. 452; also by a similar law approved April 7, 1921, Laws, 1921, ch. 165, p. 550. For California, see page 106.

336 General Laws of Minnesota, 1919, for ch. 356 of General Laws, 1917.

337 Session Laws of Oklahoma, 1919, ch. 135, p. 467. Approved March 10, 1919.

338 Laws of Utah, 1919, ch. 93, sec. 4, p. 285. Approved March 20, 1919. This law was added to in 1921 with a provision for fees.

339 Laws of Montana, 1919, ch. 38, sec. 1, p. 91. Approved February 21, 1919.

340 Acts of New Jersey, 1920, ch. 197, p. 387.

341 General Laws of Ohio, 1921, sec. 7761-3, p. 101; General Laws of Idaho, 1921, p. 418; Session Laws of Wyoming, ch. 127, sec. 1, p. 188; General Laws of Oregon, 1921, ch. 87, sec. 1, p. 139 (S. B. 171).

342 Ibid. New York and Arizona also have laws in 1921. See page 106.

343 State of Michigan, Department of Public Instruction, Explanation of School Laws of Michigan, Supplement to Bulletin No. 13. Published 1921, p. 7.

344 Personal letters to the author under the date of December, 1923, and January, 1924. All states but Ohio and Illinois responded to the inquiry of the author. The Superintendent of Public Instruction in Washington (Mrs. Josephine C. Preston) refused to furnish information for that state.

345 Revolutionary Radicalism, Vol. I, p. 1118.

346 At the suggestion of the Teachers’ Council, an advisory committee to sift charges was appointed who reported cases to the Commissioner of Education should they need his attention. The investigations of this committee aroused much criticism, especially from the Teachers’ Union, whose members were frequently the principals in the trials conducted. The advisory committee was composed of Condé Pallen, editor of the Catholic Encyclopedia, Olivia Leventritt, a former member of the Board of Education, Hugh Frayne, New York representative of the American Federation of Labor, Archibald Stevenson, counsel of the Lusk Committee, and Finley J. Shepard as chairman. The New York Times, May 17, 1922; ibid., May 25, 1922; ibid., June 4, 1922.

347 Instances of local friction tending to obscure the issues alleged to be involved frequently entered into the evidence presented in some of the trials. This was true in the trials of Schmalhausen, Schneer, and Mufson (see pages 116-120), where opposition to the so-called Whalen resolution for longer school hours was alleged by the defense to be a cause for their dismissal.

348 The pledge of the Board of Education. Other pledges, including that of Mayor John Puroy Mitchell, also were presented for signing. See Toward the New Education: The Case Against Autocracy in Our Public Schools (The Teachers’ Union of the City of New York), p. 23.

349 Ibid. The Teachers’ Union charged that the loyalty pledges were introduced for political purposes into a controversy between the Board of Education and the teaching staff. The Teachers’ Union wrote President Wilson asking him to frame a pledge which teachers could sign “without violating their consciences.” The New York Times, December 2, 1917.

350 See page 122 for a further discussion of the loyalty of Mr. Thomas.

351 The New York Times, May 18, 1918.

352 “More Educational Inquisition,” The New Republic, Vol. XVII (January 11, 1919), pp. 305-307.

353 Ibid.

354 The New York Times, loc. cit.

355 Ibid., June 27, 1919.

356 Ibid., October 31, 1918.

357 Ibid., May 16, 1918.

358 Ibid., June 20, 1918.

359 Ibid., July 12, 1923.

360 Ibid., March 16, 1918.

361 Ibid., November 14, 1917.

362 The Trial of the Three Suspended Teachers of the De Witt Clinton High School (New York), p. 26.

363 Ibid., p. 64; The New York Times, December 4, 1917.

364 The theme (in the form of a letter) had been collected by Miss Ellen Garrigues, head of the English Department, in a visit to Mr. Schmalhausen’s class. During her visit, Miss Garrigues became angry at the “lack of spirit of love of country among the boys who had read themes,” and asked that the themes be handed to her. The Trial of the Three Suspended Teachers of the De Witt Clinton High School, p. 22.

365 The Trial, pp. 42-43; Dotey, Aaron I., The Exploitation of the Public School System of New York (Teachers’ Council, New York), LXXXV.

366 The Trial, pp. 46-47.

367 Robinson and Beard’s history. See Toward the New Education, p. 72.

368 The Trial, pp. 135, 141.

369 Ibid., pp. 119-120.

370 Ibid., p. 158. Mr. Mufson was a teacher of English.

371 Ibid., pp. 174-175.

372 The New York Times, November 20, 1917. The Trial, p. 200. In addition to these charges a bibliography on recent literature compiled by Mr. Schneer was introduced as evidence of his unfitness to teach. The “characterizations” of books in the bibliography, read at the trial, in general pertained to the relations of the sexes. See ibid., pp. 203-204.

373 Ibid., November 17, 1917; also “New York’s Disloyal School Teachers,” Literary Digest, Vol. LV (December 8, 1917), pp. 32-33.

374 The New York Times, loc. cit.

375 Ibid., December 20, 1917. Among these were John Dewey, James Harvey Robinson, David Snedden, Carlton J. H. Hayes, H. A. Overstreet, W. P. Montague, Thomas Reed Powell, M. R. Cohen, A. J. Goldfort, N. P. Mead, and J. P. Turner.

376 “Charges against New York City Teachers,” School and Society, Vol. VI (December 22, 1917), p. 733.

377 The New York Evening Post quoted in School and Society, loc. cit.

378 The New York Times, December 20, 1917.

379 Ibid., November 5, 1918. In reviewing their cases, Toward the New Education, a publication of the Teachers’ Union, ascribed the dismissal of these teachers not to disloyalty, but to their opposition to the “autocracy” of superior officials and to an anti-Semitic bias of these officials. All three teachers were Russian Jews.

380 Ibid., December 1, 1917. Dotey, op. cit., LXXXVI; The New York Times, November 15, 1917.

381 The Central Federated Union, November 17, 1917, resolved “in the interest of justice and of the schools that the charges made against the teachers be definitely formulated by a committee of responsible officials, and that a copy of the charges be given to each of the teachers transferred or suspended and that the charges be heard in public.” Ibid.

382 Ibid., November 15, 1917.

383 Ibid., November 16, 1917.

384 Ibid., November 29, 1917; ibid., December 25, 1917.

385 Ibid., December 27, 1917.

386 Dotey, op. cit., LXXVIII, XCVII. Mr. Thomas was called in November, 1917.

387 Ibid., LXXVIII. Mr. Parelhoff was questioned regarding his opinions in November, 1917.

388 According to Dr. Henry Linville of the Teachers’ Union. The New York Times of January 24, 1918, reported that twenty-four teachers in School 62 of New York had been questioned about their war views. Although assurances had been given the teachers that no charges against them were contemplated, the Teachers’ Union called it a “fishing expedition” to obtain evidence against Philip Perlstein, a teacher who had been suspended two weeks before. In November, 1919, sixteen “radical” teachers were reported to have been called by Deputy Attorney-General Samuel A. Berger, because of their connection with radical propaganda. The New York Times, November 20, 1919.

389 The New York Times, October 23, 1922. The teachers whom Dr. Linville was reported to have mentioned were Austin M. Works, Eugene Jackson, Wilmer T. Stone, John F. Donohue, Louis Goldman, Joseph J. Shipley, Felix Sper, Ruth Hardy, Henrietta Rodman, Jessie Hughan, Abraham Lefkowitz, and Max Rosenhaus.

390 Ibid.

391 Dotey, op. cit., LXXXVIII; also The New York Times, November 18, 1919.

392 Dotey, op. cit.

393 Ibid.

394 Ibid., CXII. Mr. Horwitz resigned his position in 1920.

395 “Freedom of Teaching in the New York City Schools,” School and Society, Vol. IX (February 1, 1919), pp. 142-143; also Dotey, op. cit., LXXXVII.

396 The New York Times, January 19, 1919. Also Department of Education of the City of New York, In the Matter of the Trial of Charges of Conduct Unbecoming a teacher and to the prejudice of good order, efficiency and discipline preferred against Benjamin Glassberg.... Brief and Argument of Gilbert E. Roe in Behalf of Benjamin Glassberg, Teacher (New York), pp. 7-8.

397 Ibid. Mr. Gilbert E. Roe, counsel for Mr. Glassberg, intimated that the boys who had been selected to testify against Mr. Glassberg had been chosen “according to race and religion,” that Mr. Glassberg, a Socialist and a Jew, had “guided his classes along the road of true Americanism” during the War and had received from his superiors “the highest ratings possible for his work.” See also Dotey, op. cit., LXXXVII.

398 Trachtenberg, Alexander, ed., The American Labor Year Book 1919-1920 (New York, 1920), Vol. III, p. 89.

399 The New York Times, May 25, 1922. According to a statement of Superintendent William L. Ettinger.

400 Trachtenberg, op. cit., p. 88.

401 The New York Times, January 19, 1921.

402 Trachtenberg, op. cit., p. 88; also “Other Heresies,” The New Republic, Vol. XVIII (April 12, 1919), pp. 330-331; also McAndrew, William, “American Liberty More or Less,” The World’s Work, Vol. XLVII (December, 1923), p. 180. Miss Wood declared that she gave definitions only, and referred to current magazine literature when questions were raised by a pupil concerning Bolshevism and anarchism. She also asserted that she had not discussed the Russian situation, nor had she defended Bolshevism.

403 “The War is Over in Iowa,” The Survey, Vol. XLVIII (September 15, 1922), p. 712; also The Des Moines Register, April 6, 1922. The name of the teacher was Miss Kate Kelly. She was completely exonerated of “anti-Americanism.”

404 Personal letters from the Superintendents of Public Instruction: Delaware, under date of January 30, 1924; Louisiana, December 6, 1923; Minnesota, December 1, 1923; Montana, December 3, 1923; Nevada, December 3, 1923; North Carolina, December 3, 1923; South Dakota, December 5, 1923; California, December 8, 1923; Maine, December 1, 1923; New Hampshire, December 5, 1923; North Dakota, December 20, 1923.

405 Letter from the Department of Public Instruction, December 7, 1923.

406 Letters from the Department of Education, November 30, 1923, and December 6, 1923.

407 Letter from State Superintendent of Public Instruction, December 11, 1923.

408 Forty-Ninth Annual Report of the State Board of Education... of Rhode Island, January, 1919, p. 75.

409 Ibid., pp. 78-79.

410 See Chafee, Zechariah, “Freedom and Initiative in the Schools,” The Public and the Schools (New York, 1919).