THE KALAMAZOO CASE

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school boards to establish and provide by taxation for the support of high schools, should be authoritatively settled. In order to secure a decision from the courts upon this matter, Hon. Charles E. Stuart, an ex-United States senator, a citizen of Kalamazoo, commenced a suit in the circuit court of that judicial district. The proceedings, for that reason, are commonly spoken of as the "Kalamazoo case." The judge of that circuit delivered a carefully prepared opinion sustaining the right of a school district to establish a high school, and to impose taxes and use public school funds for its support. The case went, as was expected by all parties, to the State Supreme court for final decision. The decision was rendered in July, 1874, being written by Justice T. M. Cooley. His statement of the case is so clear and definite that I copy a portion of the introduction for the purpose of showing the vital importance not only to the high schools and to secondary education, but to our educational system as a whole, of this deliverance of the highest judicial authority of the State. He said: "The bill in this case is filed to restrain the collection of such portion of the school taxes assessed against complainants for the year 1872, as have been voted for the support of the high school in that village, and for the payment of the salary of the superintendent. While nominally this is the end sought, the real purpose of this is wider and vastly more comprehensive than this brief statement would indicate, inasmuch as it seeks a judicial determination of the right of school authorities, in what are called union school districts of the State, to levy taxes upon the general public for the support of what, in this State, are known as high schools, and to make free, by such taxation, the instruction of child

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THE DECISION BY JUSTICE COOLEY

ren in other languages than the English. The bill is consequently of no small interest to all the people of the State; and to a large number of very flourishing schools it is of the very highest interest as their prosperity and usefulness depend upon the method in which they are supported, so that a blow at this method seems a blow at the schools themselves. It can never be unimportant to know that taxation, even for the most useful purpose, is warranted by the strict letter of the law, and whoever doubts its being so in any particular case, may well be justified by his doubts, in asking a legal investigation, that if errors or defects in the law are found to exist, there may be a review of the subject in legislation, and the whole matter be settled on legal grounds, in such manner and on such principles as the public will may indicate, and the Legislature may prescribe."

After this full statement of the issues involved, the opinion goes on to consider the provisions of the school law applicable to the case, and the general character of the legislation upon the subject of education and schools from the earliest territorial period, as indicating the intention and the opinions of the men, who have been charged with the administration of the government, in respect to the extent and range of the studies which might be taught in the public schools. In conclusion it was said: "If these facts do not demonstrate a general State policy beginning in 1817 and continuing until after the adoption of our present constitution, in the direction of free schools, in which education, and, at their option, the elements of classical education, might be brought within the reach of all the children in the State, then it seems to us nothing can demonstrate it. Neither in our State policy, in our constitution, or in our

PRESENT POSITION OF HIGH SCHOOLS

93

laws, do we find the primary school districts restricted in the branches of Knowledge which their officers may cause to be taught, or the grade of instruction that may be given, if their voters consent, in regular form, to bear the expense and raise the taxes for the purpose."

The decision of the circuit judge was sustained, and the vexed questions were finally settled. It was determined that henceforth a high school, established by the votes of the people of a district in due form, had a legal and rightful existence, and might be supported by public funds and by direct taxation.

It is germane to add that no law of the State requires any district to organize and support a high school. Such schools are obviously necessary to the completeness, unity, and efficiency of our educational system; but they are dependent for their organization and continued existence upon the good-will and voluntary action of the people in the districts where they are located. Thus far this foundation has proved sufficient for their support; but it is not difficult to imagine an unexpected change in popular sentiment, or a sudden revulsion in feeling, which should sweep them entirely away in some localities, or should so cripple them as to render them of little value. It would seem the part of wisdom to guard against the possibility of such a disaster by a provision of law, requiring cities and towns with a certain population to provide for the support of high schools, allowing the grade of the schools to depend upon the number of inhabitants and the resources of the community.

Since the judicial decision, giving them a legal position in the public school system, the growth and development of the high schools have been as rapid as the conditions of

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INCREASE OF HIGH SCHOOLS

local communities required. The increase in number, by decades, is indicated by the figures following: 1857, 7; 1860, 45; 1870, 107; 1880, 182; 1890, 278; 1900, 389. It will be remembered that these schools are of several grades, and vary considerably in the extent of their courses of instructions; in respect to apparatus, libraries, number of teachers, and other requisites for efficient and thorough school work. The fact is generally recognized that the primary function of the high schools is to supply the local demand for secondary education. In addition to this function, the larger and best developed and equipped serve as the necessary "connecting link" between the elementary schools and the University and other institutions of advanced education in the State, thus giving unity and completeness to the State educational system.

The semi-organic relation between the high schools and the rural primary schools has been described in a previous chapter. Their connection with the University and other institutions of higher learning, requires a few words of explanation.

AFFILIATION WITH THE UNIVERSITY, ETC.

The first official action towards an affiliation of the high schools with the University, was suggested by acting President Frieze in his report for 1870. He said: "The high schools of the State, in general, are yearly coming into more intimate relations to the University, and sending increasing numbers to its halls. If University and local school authorities shall coöperate in elevating and multiplying their courses of study, and in arranging them as parts and grades of a connected and progressive system, it will mani

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festly be but the work of time to bring up the best and most enterprising of these seminaries to the position of gymnasiums. Many of them have already expressed themselves more than ready to carry into effect all the improvements which may be recommended in the preparatory courses, whether in ancient languages, in modern languages, or in scientific studies. As a means of strengthening, consolidating and elevating the whole State system, some of our best educators, both in the local schools and in the University, have proposed that a commission of examiners from the Academic Faculty should visit annually such schools as may desire it, and give certificates to those pupils who may be successful in their examinations, entitling them to admission, without further examinations to the University." In his report for the next year, President Frieze stated that, at the request of the school boards and Superintendents, committees of the Faculty had visited and made examinations in the schools of Adrian, Ann Arbor, Flint, and Jackson, and spoke with something of enthusiasm of the results anticipated from such visits.

In 1872 President Angell, who had just entered upon his official duties in the University, said: "It is with great pleasure that I refer to the first year's experience in forming a quasi organic connection between the University and the high schools." During the past year, he stated, fifty Freshmen had been admitted to the University on certificates from the high schools. Of these 28 came from the Ann Arbor school; 8 from Flint; 7 from Jackson; 3 from Detroit; 3 from Kalamazoo; and I from Adrian. These details are recorded to show the modest and tentative beginnings out of which the present condition has grown.