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     The first school legislation in Nebraska territory is contained in an act approved March 16, 1855. This act stipulated that the librarian of the territory was also to be superintendent of public instruction. As librarian he was to receive an annual salary of $100, and as superintendent an additional $200. He was required to have a general supervision of all the district schools of the territory" and to see that the school system should be "as early as practicable put into uniform operation" and to recommend to the several school districts a uniform series of text books. He was to prepare the necessary blanks and forms for reports required by the act, to make all necessary rules, regulations and recommendations, and to report annually to the legislature.
     County superintendents of schools were to be elected at the biennial county elections. The county superintendent was required to distribute to the several school districts the blanks and circulars sent by the state superintendent, to apportion the county school tax and other county funds for education, to establish school districts, to examine teachers and issue certificates to those found to be qualified to teach, to visit schools-and he was empowered to dismiss teachers whom he found to be incompetent. An annual report to the state superintendent was required.
     District boards of school directors, consisting of a president, secretary and treasurer, were chosen by the qualified electors of the districts at annual school meetings. In addition to the usual functions of locating and building the school house, buying supplies and books, employing teachers, the directors were required to examine teachers in spelling, reading, writing, arithmetic, geography, history of the United States and English grammar and to levy, collect and expend the district school taxes. An annual report to the county superintendent was to include information as to the number of white persons of school age (five to twenty-one years), number of schools and branches taught, pupils, teachers and their compensation, cost of buildings, amount and sources of funds expended and number of volumes in the library.
     The county superintendent was empowered to levy the annual county school tax of not less than three mills nor more than five mills on the total assessed valuation of the county, to be collected as other taxes were collected, except that it was receivable only in cash. These funds, together with the proceeds of fines collected for breach of penal laws, the sale of water craft, lost goods and estrays were apportioned annually among the several districts in proportion to the school census provided that the districts participating in this apportion

merit had raised locally a tax of not less than three mills for school support. The county superintendent paid over these funds to the several district treasurers. THE FUNDS FROM WHICH TEACHERS WERE PAID WERE NO PART OF THE COUNTY OR DISTRICT TAXES, BUT WERE RAISED BY VOLUNTARY SUBSCRIPTION AMONG SCHOOL PATRONS.
     This early school law was incorporated with slight additions in the code of Nebraska in an act approved January 26, 1856. These added provisions related to the sale of school lands, which were to be valued and sold by the county superintendents. Another act of this same date provided that county superintendents should have $2.50 for each quarter section of land sold and two dollars for each day devoted to the duties of the office. A report of the standing committee on education of the territorial council on January 11, 1856, stated that "as yet, no provision has been made for the support of free common schools within the territory, except a defective school law, and consequently no such institutions have been established." Governor Cuming's message of December 9, 1857, said "In many, if not all counties, no districts have been formed, no taxes levied, no teachers employed and no steps taken in respect to school laws."
     An act approved November 4, 1858, repealed the existing school law, and substituted an elaborate system which made the township the administrative unit for schools except for purely local matters, such as the employment of teachers and maintenance of the school and school buildings, subject to such regulations as the township board of education might impose. This act provided for the establishment of township high schools, and school libraries. A county board of examiners was to be appointed by the probate judge. They were empowered to examine and certificate teachers.
     The territorial school fund was obtained from the proceeds of * levy of two mills on the grand assessment roll of the territory, and an additional one-tenth of a mill was levied for the purchase and equipment of school libraries. The school fund was apportioned to the counties by the territorial treasurer, and by county clerks to the several school districts.
This act created the office of territorial commissioner of common schools with a salary of $1,000. The salary was reduced to $600 by a statute of January 9, 1861.
     A joint memorial to congress, approved November 4, 1858, asked for the right to control and lease the school lands given by the federal government.
     An amendment to the school laws of 1858 was approved on January 13, 1860. This amendment limited the territorial school fund levy to one mill on the grand assessment roll of the territory, and stipulated that funds so raised were "for the purpose of affording the advantage of a free education to all the white youth of the territory."

     The duties of territorial school commissioner were given to the territorial auditor by an act of February 15, 1864. An elaborate law of the same date authorized the "town council of Nebraska City to raise money to erect a central or high school building." This act was further amplified by an act approved February 12, 1866.
     The Organic Act, creating Nebraska territory was signed by the President on May 30, 1854. Section sixteen of this act designated sections sixteen and thirty-six of each township to be "applied to the schools." The funds derived from the sale of these lands constitute the permanent school fund of the state now amounting to over $10,000,000. The income from the lands still held and the moneys invested is known as the temporary school fund, and is apportioned by the superintendent of public instruction to the common schools of the state annually. The amount so distributed in 1928 was $1,085,558.88.
     A law governing the registry, disposition and control of the common school, university and agricultural college lands was approved June 24, 1867. The state normal school was established at Peru by an jet of June 20, 1867.
     At the first session of the state legislature, the school law was completely revised by an act approved June 24, 1867. This act granted school suffrage to "every inhabitant of the age of twenty-one years, residing in the district and liable to pay a school district tax therein." The township or precinct system was abandoned and county superintendents provided for.
     An act of February 12, 1869, endowed the state normal school at Pen with twenty sections of state land. The general school law was amended by this same legislature by making specific provisions concerning the conduct of schools in incorporated municipalities, by levying a common school fund tax of two mills on the grand assessment roll of the state to be in addition to the "funds derived from the sale of school lands and interest thereon, and fines and forfeitures as provided by statutes," by describing in greater, detail the duties of county superintendents, and by providing for the election of a state superintendent of public instruction. The state superintendent was required to organize teachers' institutes, to visit schools and teachers' institutes, to name the text books to be used in all schools, and to apportion the state school fund among the several counties. The act establishing the University of Nebraska was approved February 15, 1869.
     The issuance of bonds to build a high school building in Omaha was authorized by an act approved February 7. 1871. Similar legislation for certain districts in Washington, Johnson, Gage, Saunders, Pawnee, Cuming and Lancaster counties was passed by the legislature of 1871, and succeeding legislatures passed many such acts. An act regulating the public schools in cities of the first class was passed by the legislature of 1873. A curious act of this legislature empowered the com-

mon council of Nebraska City upon petition of a majority of the taxpayers to employ teachers to give instruction in the German language in the public schools.
     The legislature of 1875 limited the school suffrage to " every male citizen and unmarried woman of the age of twenty-one years residing in the district and owning property therein which is taxable for school purposes in such districts." The school levy was limited to twenty-five mills. An institution for the blind was provided for at this session. An act regulating the public schools in cities of the second class was also passed..
     Upon the adoption of the constitution of 1876, the legislature of 1877 passed laws concerning the disposition of educational lands and funds. The office of the superintendent of public instruction became constitutional in 1875, and his term of office was extended by constitutional amendment adopted in 1920, to four years, beginning 1922.
The origin of the present school code is found in an act approved March 1, 1881. By this instrument, school suffrage was limited to residents of the school district having either property within the district taxed in their own names at the last assessment, or children of school age. The legislature of 1921 provided that the husband or wife of any tax payer is eligible to vote in school elections. Certification of teachers is directly under the control of the state superintendent, who prepares all questions for teachers' examinations. Since 1891 a free text book law has been in force. In 1901 a compulsory education law was approved, and in 1907 this was supplemented by a. child labor law, which depends upon school authorities chiefly for its enforcement. Provision is now made by law for free high school education, rural high schools, county high schools, consolidated schools, normal training, and instruction in agriculture, manual training and home economics in high schools, adult immigrant education, and vocational training.
     A house resolution of 1918 created a school code commission to revise the school laws, and report their findings to the legislature of 1915.
     The legislature of 1917 provided for non-partisan election of regents of the university, and state and county superintendents. The revised constitution of 1920 provides for the election of regents by districts.
The legislature of 1919 provided for a redistricting of the entire state for consolidated and high school purposes. It also passed laws requiring teachers to be citizens of the United States, and prohibiting the use of any foreign language for instructional purposes in grades below the high school in any public, private or parochial school in the state. 'Boards of education were required to have physical examination of pupils made in all schools of the state. An act passed in 1921 provides for the maintenance of school for nine months in the year, with certain exceptions.

     The following counties have established county high schools:--Arthur, Banner, Chase, Deuel, Garden, Hayes, Hooker, Keya Paha. Kimball, Logan, McPherson, Perkins, Rock, Sioux, Thomas, Wheeler.
There are thirty-one rural high schools, and eighty-five consolidated high schools in the state.
Higher education has not been neglected in Nebraska. The records of the early territorial legislatures contain many acts of incorporation of colleges-most of which never materialized, and none of which now survive. Permanent provision for higher education was made by the state in the establishment of a university and four normal schools. Numerous denominational and other schools and colleges have been founded.

© 2002 for the NEGenWeb Project by Pam Rietsch, Ted & Carole Miller