No special provision of the statute determines who are entitled to attend the schools as pupils, but they are considered as open to all children, subject to proper regulations; except that the provision of the statute requiring the census reports to return the number of white children to determine the apportionment of school moneys is construed as excluding colored children. The rules of the board of education of the city of San Francisco provide, that no pupil shall be received under the age of five years. When the public appropriation for the payment of teachers falls short, the deficiency is made up by a rate bill, made out by the trustees against those sending to school; excepting however, such indigent inhabitants, as may in their judgment be entitled to such exemption.' The duty of the common school marshal is, to take an annual census of all the white children within his precinct, between the ages of four and eighteen years, and report to the county superintendent, that he may apportion the school moneys received into the county treasury, among the several school districts, towns and cities in the county.” In addition to the officers already mentioned, the statute provides for the establishment of a board of education and a superintendent of common schools, for cities and towns as follows: The common council of each and every incorporated city in this state, shall be, and hereby is, authorized and empowered: 1. To raise annually by tax upon the real estate and personal property within the city, as estimated by the city assessors, such amount of money not exceeding one-fourth of one per cent. on the valuation on the assessment roll, as shall be requisite for the support of free common schools therein, and providing and furnishing suitable houses therefor, and purchasing lots on which to build school-houses, and paying contingent expenses. 2. To provide, by ordinance, for the collection, custody and disbursement of the moneys thus raised by city tax for school purposes. 3. To provide, by ordinance, for the drawing from the county treasury on the warrant of the county superintendent of common schools, the moneys to which said city shall be entitled under the provisions of this act, and for the custody and disbursement by the city treasurer of the same, in accordance with the provisions of this act. 4. To provide, by ordinance, for constituting and establishing school districts, and for the examination of common school teachers; the regulation of common schools within the city; the census, or enumeration of the children, and for making the annual and other reports to the county superintendent. 5. To provide, by ordinance, for the election or appointment of a city board of education and superintendent of common schools, and prescribe their powers and duties; and, 6. To ordain all such rules and regulations as they may deem expedient and necessary for the promotion of the interests, prosperity and usefulness of common schools within the city: provided, that the common council shall not make any ordinance, nor do any act which shall be in conflict with the principle or provisions of the constitution of the state or of any act of the legislature. 7. Provided, that the common council, on the petition of fifty heads of white families, citizens of the district, shall establish a school or schools in said district, and shall award said school or schools, a pro rata of the school fund; provided, no sectarian doctrines are taught in said school or schools, and said schools so established, shall in all particulars be under the supervision and control of the common council, as are all other common schools within their jurisdiction, under the provisions of this act.' No trustees or marshals elected or appointed under the foregoing provisions of this act, shall have any jurisdiction or control within the limits of any city which shall have provided for the support, regulation and management of common schools therein under the provisions of the next preceding section of this act.” The state school fund is derived, partly from the interest collected from the state, on certain bonds of the civil funded debt of the state, purchased with the proceeds of the sales of the lands granted to the state by Congress, and with the proceeds of escheated estates, and deposited with the state treasurer to the credit of the “school fund;” and partly from the proceeds of unclaimed property descended to aliens; which moneys are distributed to the various counties, in proportion to the juvenile population; to be applied solely to the payment of teachers, duly qualified under the statute." The county fund is raised by tax, and by contribution levied upon those able to pay; to which are added portions of the polltax, certain penalties for the violation of the game laws, and for allowing hogs to trespass upon property; and by sales of certain school lands. Cities and towns, and districts may also be authorized to levy a school-tax." SEC. 32. No common school shall receive any moneys, benefits or immunities, under the provisions of this act, unless such school shall be instructed by a teacher or teachers duly examined, approved and employed by competent and legal authority, as hereinbefore provided. SEC. 33. No books, tracts or papers of a sectarian or denomi national character, shall be used or introduced in any school established under the provisions of this act; nor shall sectarian or denominational doctrines be taught therein; nor shall any school whatever receive any of the public school funds, which has not been taught in accordance with the principles of this act. SEC. 34. No teacher shall be entitled to any portion of the public common-school moneys as compensation or salary for services rendered, unless such teacher shall have been duly employed by competent authority, nor unless such teacher shall have had, during the whole time of such service, such certificate of competency and approval as required by this act in full force and effect, and bearing date within one year next before the services aforesaid shall have been rendered; nor unless such teacher shall have made report in manner and in form as shall be prescribed by the superintendent of public instruction. SEC. 35. The common school year shall commence on the first day of November, and shall end on the last day of October. SEC. 36. Any printing required under this act, shall be executed in the form and manner and at the prices of other state printing, and shall be paid for in like manner out of the general fund, upon the bill for the same being certified by the state board of education.”

* Wood's Dig. art. 3218. * id. 8218, 3207.

1 Wood's Dig. art. 3214, 3215.

1 Wood's Dig. art. 2365,2866,2711,8216; Laws * Wood's Dig. art. 2539,257,3214–8218; Laws 1858, p. 250. 1858, p. 818, 833; Laws 1857, p. 848. • Wood's Dig. art. 8219.

The very excellent work of the present superintendent of public instruction, entitled “Commentaries upon the School Law,” embraces a full exposition of the subject of our common schools, and issues for uniform use in the state, the forms which conclude this chapter.


The school systems for Oregon and Washington are alike—the statute of the territory of Washington upon the subject being almost a literal copy of that of Oregon. Their system, in its general features, resembles very much that of California, excepting in the absence of any provision for the state board of education, and a superintendent of public instruction. There are some other differences. The county superintendent makes the division of his county into districts. Instead of trustees, they have directors. Each district has a clerk, who performs, among other duties, the service of our marshal, of taking the school census. The following provisions of the statute determines who are entitled to attend the schools. Whenever a school is kept in any district, the teacher of which shall be supported out of the general county school fund, or by tax on the district as aforesaid, such school shall be open and free to all children between the ages of four and twenty-one years, in such district. The directors may permit scholars living out of the district to attend school, with or without charge, as they may deem proper.


The following forms have been drawn to assist the school officers in carrying out the provisions of the law, and to secure uniformity:

Appointment of District School Trustees.

In accordance with section 15 of an act in relation to common schools, passed May 3, 1855, you are hereby appointed a trustee

1 Statutes 0.466; Statutes W. T. 828.

of common schools for district of township, of the county of You will qualify according to law, and then enter upon the discharge of your duties. • *--> Superintendent of Common Schools To - for county. OATH OF OFFICE.

I do solemnly swear [or, affirm] that I will support the constitution of the United States, and the constitution of the state of California, and that I will faithfully discharge the duties of common school trustee, for the school district of township, in the county of , and state of California, according to the best of my ability.

Sworn and subscribed to before me, a of the county of , and state of California, this day of * Anno Domini 185

NoTE.—This oath may be taken before any officer in the state, authorized by law to administer oaths.

Certificate of Election of a Trustee of Common Schools.

To , of , greeting: This certifies that you, the said , were, at an election held on the day of April, Anno Domini 185 , chosen

to the office of trustee of common schools of [the district, tourn or city, as the case may be, and you are, by virtue of said election and qualification, fully authorized and empowered to discharge all the duties of said office, and to exercise all the powers thereto belonging, o; to law, for one year from and including the

second Monday of April, 185 A. B., County Clerk.

NotE.-The oath of office must be taken in form as appended to No. 1, and should be attached to the certificate, and both filed immediately in the office of the county superintendent.

Appointment of a Common School Marshal.

We, the undersigned, trustees of common schools for district , in the county of , appoint a COnlinoll school marshal, to take the census of the children between the ages of four and eighteen years, and, separafely, the census of children under four years of age, in said district. B A. B.,

C. D., [Date.] Trustees of Common Schools.

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