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Instruction, and is imperative in its statement that such officer shall not have power to prescribe text books to be used in the public schools. If the statute of 1888 confers upon the Superintendent of Public Instruction any such powers, then I am of the opinion that the law of 1888 is in conflict with the constitution, and therefore at present of no force.

But it is a matter of great doubt whether the Superintendent of Public Instruction, under section three, of chapter four of the said act of 1888, becomes a member of the board upon which the duty is imposed by that section, of adopting such books which shall be the only legal text books to be used in the public schools of the state.

It is also a matter of great doubt whether, in view of the constitutional provision referred to, the Superintendent of Public Instruction would have the power to even call together a board to do that which he has not the power under the constitution to do himself, especially when that act to be done by that board is in conflict with the spirit, at least, of the constitution in every respect.

I have heretofore hesitated, and shall at all times hesitate, to declare in my official capacity any statute seemingly in force, to be unconstitutional and invalid, before the matter has been before the courts and passed upon by the judicial authorities of the state.

The question presented being a very delicate and close one, and about which there is in my mind considerable doubt, I refrain from giving a positive decision as to whether the said section three, of the act of 1888, is in conflict with the constitution or not.

In view of this situation, however, I have the honor to advise that you do not at the present time, call the county and city superintendents of schools together for the purpose indicated by the act of 1888, and especially so, in view of

the fact that the legislature of the state will again meet in biennial session within a few months, and the series of text books, if adopted at any meeting which should be called by you, at this time, could not be put into uniform use until after the legislature shall have met and adjourned.

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I would call your attention to the fact that, a grave doubt existing as to the right of the State Superintendent to call the county superintendents together, as provided in the act of 1888, that you direct the attention of the legislature to the matter, suggesting that they harmonize the legislation of the state with the constitutional provision that there may be no dispute respecting so important a matter.

In view of the fact that the legislature convenes at so early a date after the expiration of the period for which the present text books are in use, I have deemed it best to await their action before assuming to act under a section, the validity of which is at least doubtful.

FREE TEXT BOOKS.

In connection with any proposed new school law, I would urge a provision for the supply of free text books to the pupils of the public schools. I quote the following from the report of the Hon. Fred Dick, Supt. of Public Instruction for Colorado, on this subject: "The school law of the State (Colorado) permits districts to own the text books used in school and furnish them free to pupils in attendance. At the present time 201 districts have availed themselves of this privilege, and I have yet to hear a single complaint

raised against the plan, while very many, both officers and parents, have expressed themselves in its favor. The arguments usually presented in its favor may be summed up as follows, and these points are sustained by evidence gained from the experience of districts in other States throughout the Union, which have for years owned their text books:

"First-A gain of from 25 to 40 per cent. on first cost. "Second-A gain of at least 33 per cent. in the time the book will be in proper condition for use.

"Third-Considering first cost and time of use, there is a gain of about 50 per cent. in cost to the community. "Fourth-The classes are uniformly supplied at the proper time and with the proper text books.

"Fifth---The very unpleasant distinction between rich and poor is avoided.

"Sixth-Increased attendance.

"Seventh-Schools are more successfully graded. “Eighth—A State or County system is more easily carried out.

“Ninth—A very great and unnecessary expense to teachers is avoided."

From the report of the Superintendent of Schools for New York, it is noted that during the year 1891 Delaware has made her text books free, and that Missouri, Texas and West Virginia have adopted the system of purchasing text books under State contracts.

THE WORLD'S COLUMBIAN EXPOSITION,

The schools of the

State are at this date all represented at the Chicago

earnestly preparing to be

Exposition in 1893, and all work contributed by them should reach Cheyenne by Jan. 1st, 1893. The State Committee, A. A. Johnson, Laramie, Chairman, J. O. Churchill,

Cheyenne, Secretary, give the following list of what is desired for exhibition, i. e.:

I. Large banner showing State school system.

2. Chart showing funds and revenues.

3. Chart showing school enumeration, enrollment and attendance by Counties.

4. Chart showing women in the public schools.

5. State map showing location and distribution of school houses.

6. Volume of Wyoming School Journal,

7.

8.

Volume of papers in the State arranged by counties. Town and city school reports and courses of study. 9. Specimen collection of text books used in Primary, Grammar, and High Schools.

10. Scrap books-one showing blanks used by school officers, one showing blanks, reports and promotion cards used in the various town and city schools, one showing programs of County Institutes, graduating exercises, school invitations, etc.

II. Compiled school laws of Wyoming.

12. Photographs of school buildings, school officers, teachers, and all classes graduating from the accredited High Schools of 1892.

13. Written work and drawings from the different grades in various schools of the State.

14. Charts, maps, mineral and botanical collections made by pupils.

15. Graduating essays and orations delivered in 1892. Details are given in the same circular as to the preparation of work to be forwarded by the schools. This office has requested each of the County Superintendents to prepare a county map showing the location of schools, and also to ascertain and report the children of school age and the value of school property in each district, thus giving the informa

tion required for the preparation of the banner and chart specified in items Nos. 1 and 2 of the foregoing list.

The most important and valuable result of the Columbian Exposition thus far, has been the celebration October 21st of the landing of Columbus, which was participated in not only, I think, by every school in this state, but by the schools of all of the states, all animated by the same common patriotic purpose, and marking this year of school history beyond all previous years as one, wherein at one time, all of the educational interests of this country were remarkably stimulated to common action and in the best possible direction, and comprising in its entirety a most noticeable event in the world's history.

The programme of the exercises, issued by the "Youth's Companion," and universally used, was most excellently adapted to the purpose, and the teachers and pupils of this state are to be congratulated upon the end attained by their combined exertions.

NEW LEGISLATION.

Provision is required by law for an annual census of the children of school age and the distribution to the counties of the common school land income. See remarks in detail herein before given.

The question as to the selection of text books is also explained in another place in this report, and I do not hesitate to recommend the adoption of free text books under proper restriction or regulations as to method of purchase, for reasons given previously in detail.

Whatever new laws may at present be passed should, in my opinion, be such as will not disturb, more than need be, the existing laws relating to the schools. Whatever difficulties now exist are not so much the result of poor laws now in operation, as due to the wide and comparatively sparse settlement of the State, and under present condi

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