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Chapter VII.

FURTHER GROWTH AND DEVELOPMENT DURING THE TERRITORIAL PERIOD, 1899–1912.


During the remaining years of Territorial life there were four separate administrative periods, filled by three individuals. These superintendents and their terms of office were:

Robert L. Long, second term, who succeeded A. P. Shewman on February 27, 1899; appointed March 19, 1901, and served till July 1, 1902, when he resigned.

Nelson G. Layton, July 1, 1902; reappointed January 30, 1903, and resigned January 1, 1906.

Robert L. Long, third term, January 1, 1906, to March 6, 1907; reappointed and served to March 17, 1909.

Kirke T. Moore, appointed March 17, 1909, and served till the admission of the Territory as a State. He was succeeded by Charles O. Case, March 12, 1912.

In the eyes of Gov. Murphy the schools were in excellent condition in 1899. In his message of that year he says:

The university at Tucson and the normal school at Tempe are highly creditable institutions, and of incalculable benefit to the Territory. The managements show a very high order of ability, entirely satisfactory to their patrons. The advantages of an advanced educational system can hardly be overestimated. Our common schools can not be excelled anywhere in the Union.

Since such was thought to be the condition of the schools already, the governor naturally contented himself with what had been accomplished. He failed entirely to make any proposals for a wider usefulness for them.

The first act of this legislature looking to the schools was one enacting a new compulsory school law. This law differed little from the acts of 1875 and 1889. The length of attendance required was 12 weeks, against 16 in 1875; the exemptions were liberal and generous and could be met by almost any person who wanted to keep his children out of school, and while prosecution and fines were demanded against slackers, there were no special funds or special officers provided for its enforcement.

An act making for progress was one “to establish free public libraries and reading rooms.” It applied only to cities of over 5,000 inhabitants, and provided for an annual tax (after the proposal had been accepted by a majority of the taxpayers of the city) of not more than one-half mill on the dollar (5 cents on the hundred) for the purchase of books and other publications and for erecting buildings. The moneys raised by tax or received by gift were to be a distinct fund and were to be controlled by a board of five trustees, who were to organize the library and set its machinery in motion. Under this law the libraries in the cities began a course of development, followed to some extent by those in the smaller country districts.

During the following years library progress was not satisfactory, however, for the library expenditure of money was confined to districts with more than 100 census children. The expenditures in 1906–7 were $787.43, and $963.02 in 1907–8. In all, 6,084 books were added during the two years, a part coming from donations and others being purchased out of the proceeds of entertainments given by teachers and pupils in the smaller schools. The superintendent then recommended that the library allowance be changed from the $50 per year then allowed to the larger districts to $100 per year, and that the smaller districts at that time receiving nothing for libraries be permitted to spend 5 per cent of their income for that purpose.

This development may be presented statistically as follows, so far as their progress is shown by the reports:

Growth and value of school libraries.
Years. Amount expended. Number of volumes. Value of libraries.
1888–89 $169.00
1889–90 184.00
1894–95 667.93
1895–96 732.22
1896–97 246.61
1897–98[Table 1] 2,181.51
1898–99 286.79
1899–1900 477.59
1900–1901 366.46 9,922
1901–2 357.55 11,636
1902–3 433.41 15,566
1903–4 477.03 16,819
1904–5 17,505 $14,358
1905–6 18,291 16,585
1906–7 787.43 19,999 17,724
1907–8 963.02 24,265 19,467
1910–11 32,018
1911–12 30,493 24,959
1912–13 32,941
1913–14 36,121 26,664
1914–15 43,126
1915–16 42,808
  1. Includes items expended for other purposes.
    The Howell code of 1864 had provided for a Territorial library. The law governing that institution was amended from time to time. By chapter 62, session of 1915, the State library was to establish a law and legislative bureau. The State librarian was to be its director, form a collection of State newspapers, and make a biennial report.

I. SECONDARY ADMINISTRATION OF ROBERT L. LONG, 1889–1902.

On February 27, 1899, Mr. Robert Lindley Long, who had been superintendent in 1885–1887, was again nominated and confirmed as Territorial superintendent. To him as much as to any other man the real organization of the system in 1885 was due. He had then been colaborer with William B. Horton in organizing the school system of the Territory. Before their day there had indeed been public schools in Arizona and even a Territorial superintendent, but there had been no real public school system. During the years between 1883 and 1887 it was the work of these two men to coordinate the independent and more or less disjointed units which had been growing up throughout the Territory and organize them into a single working whole. This was done by drafting a single body of school law applicable to the whole Territory, by preparing a course of study under which it was possible to grade the schools, and by laying the foundations for systematizing the work of teacher training by developing and leading the sentiment looking to the organization and endowment of the normal school at Tempe and the State university at Tucson; and now, after an interval of 12 years, Mr. Long came again into office to resume the interrupted thread of work.

In his report submitted in October, 1900, he mentions the organization of 13 new school districts during 1899 and 1900, and from this small number concludes that the smaller settlements then had school facilities “equal to those enjoyed by the more populous sections of the Territory.” This was approximately true. The schools had increased from 347 in 1898 to 399 in 1900, and 10 schools had been advanced from the rank of primary to that of the grammar grades. There were now 122 grammar schools, and 21 new school buildings had been erected. There was, however, as yet only one high school organized under the law of 1895. This was at Phoenix, in which three courses, Latin, English, and business, had been provided. The first two were four-year courses, the third a three-year course.

The poll tax was falling off, possibly because of the failure of collectors in enforcing the law. The situation of the county school superintendents was not satisfactory, for those in the larger counties—Yavapai, Maricopa, and Pima—while receiving $1,000 each for their services, were required to visit their schools twice a year and at the end had paid out three-fourths of their salary as traveling expenses, and so really received less than those in the more thinly settled counties, where the salary was $300 per year only.

For the first time in the history of Arizona the superintendent prints reports from the individual counties, so that we have detailed reviews of the working of the system in the smaller units, which show in general a steady development. Supt. Long now emphasized the work of the county institutes. The law required them to be held for three days only in the strongest counties, while the union of two or more counties was permitted in other cases. Institutes were held in all counties but four, and these were sparsely settled. As it was, some of the teachers traveled 100 miles to attend and in one instance as much as 250 miles. Notwithstanding these difficulties the meetings were well attended, the programs were well filled, and much interest was manifested. It would appear that they were now becoming of real value to the system and had already contributed to the organization of the teaching forces.

As if taking up the school question where he had dropped it 12 years before, Supt. Long again turned his attention to the course of study which had been originally outlined and put into use during his earlier administration, in 1885–1887, but abandoned under Strauss. From that time to 1899 the schools had gone on their uneven and creaking way without rudder or compass. The new course of study as prepared by Supt. Long was adopted by the board of education on September 26, 1899, and was published and distributed among the teachers. At the same time a course of study for the new Union High School of Maricopa County, at Phoenix, was approved.

The examination questions for the use of the county boards of examiners were prepared quarterly, printed, and forwarded to the proper officers in time for the regular examinations in March, June, September, and December. New rules for the government of the county boards in giving these examinations were now adopted, and the questions themselves were large in number and searching in character. The fact that 277 teachers out of 399 were holding life, educational, or first-grade certificates indicates that the qualifications of teachers were rising. During the two years there were granted 21 educational diplomas, 5 life diplomas, and 18 certificates granted on diplomas, and 27 Territorial certificates.

The development in the growth of statistics during this period shows great progress over earlier years. These are now so complete that they begin to be of real service in a study of the Territory.

Mr. Long was again nominated by Gov. Murphy for the office of superintendent on March 19, 1901, and continued to serve in that capacity until July 1, 1902, when he resigned. Nelson G. Layton was nominated by Gov. Brodie and confirmed as his successor.

II. ADMINISTRATION OF NELSON G. LAYTON, 1902–1906.

Under the system of appointment in use in Arizona the general supervision of the schools was made subject to the whim of the governor every two years, and during the nineteenth century it was customary for each governor to change the school superintendent, in this way subjecting the schools to a succession of new men who, however well disposed and anxious to serve the schools, were hardly through the initiatory stages of office before called on to vacate for another, who began not where they left off but where they began. This constant change was always a cause of serious interruption to the progress of the schools. With the beginning of the present century, however, the tendency has been toward longer terms of service, with more satisfactory results. Mr. Layton published the report of Mr. Long for the two years ending June 30, 1902, as well as his own report for the period ending June 30, 1904, and Mr. Long returned the compliment by publishing Layton’s report for June 30, 1906.

The early part of the period represented by these reports was one of increased and progressive educational legislation. The laws enacted included one raising the school age. They now abandoned the age limit 6 to 18, and went back to 6 to 21. This increase in age had its reflection in the statistics: In 1899–1900 the school population was 20,833; in 1900–1901, the act going into force on April 1, 1901, it was 23,435, or an increase of 12½ per cent. The reasons for this extension of the school age are self-evident, and it also appears that the people of the Territory made use of their increased opportunities, for the enrollment in 1899–1900 was 16,504, and in 1901–2, the first year in which the effects of the new law would be fairly felt, it was 19,203, or an absolute increase of 16.3 per cent on the enrollment of 1899–1900; but when these figures are measured in per cents of the school population it is found that in 1899–1900, 79.2 per cent was actually enrolled, while in 1901–2 this had fallen to 76 per cent; further, the average attendance based on enrollment fell from 61.6 per cent to 59.9 per cent, and average attendance based on school population fell from 48.8 per cent to 41.6 per cent. There was a compulsory law in force during these years, but it either did not or could not compel attendance. It was reported by the superintendent that in 1901 there were 5,967 school children who were not even enrolled during the year, and in 1902 this number had grown, in part because of the extended school age, to 7,104. The same loss of motion is shown in the statistics of cost. In 1901 the cost per capita of school population was $14.63; in 1902 it was $15.11. During the same period the cost per capita as based on enrollment was $19.15 and $19.41, showing that enrollment under the new law was keeping fairly close to that under the old; but when attention is directed to the cost per capita as based on average attendance, it was found to be for 1901 $30.66, while in 1902 it had run up to $34.82. In other words, the Territory was paying, because of poor attendance, more than $2 for every dollar’s worth of service that it received. The compulsory law was a delusion and a snare; the Territory was paying out money for schools; the educational feast was spread; but like those in the days of Scripture the ones invited to this marriage feast of education were willing to give an attendance of less than 50 per cent.

In 1901 the assembly repealed the provision for the county board of examiners. This repeal went into effect April 1, 1901, and did away with county certificates on the expiration of the time for which they were originally granted. The examinations for certificates were still to be given at the county seat and were conducted by the county superintendents. The papers were then forwarded to the Territorial board of examiners for grading. The successful applicant received a Territorial certificate entitling him to teach in any public school in the Territory. Said the superintendent:

By this method a more nearly uniform system of grading and certification is assured, which in my opinion has a tendency to elevate the standard of our public schools to a higher plane.

Rules and regulations making exact provisions for taking these examinations were provided for. but the questions themselves do not appear to be as difficult as those set in the former administration. Graduates of the Territorial normal schools were, on request, granted Territorial certificates without examination.

In his introduction to this period, the superintendent said:

It is with pride that I am able to report the improvement in our system of schools, the keen interest manifested by our people in the education of our future citizens, and the earnest effort on the part of the teachers as a whole in their endeavor to raise our schools to a higher plane.

In 1901 the rate of taxation in the counties for schools was raised from 30 cents to 50 cents on the hundred. By this act the county income was considerably increased, and that year the income from the Territorial school fund was practically doubled, being $11,458 in 1901 and $22,951 in 1902; but, on the other hand, the poll tax fell from $46,554 to $23,943. The superintendent urged the necessity “of a library of carefully selected books in each school in the Territory.”

An act of 1903 revised, defined, and extended somewhat the duties of the Territorial superintendent.[1] He was to superintend the schools, to apportion school funds, and audit the expenditure of the same, whether Territorial, county, or district. He was to prescribe forms and regulations and send them out to teachers and others, publish a biennial report, and print the school laws.

Another act of 1903[2] permitted the trustees in districts with a population of 1,000 or over, at their discretion, to employ teachers of music and drawing. In 1905 this act was extended to all school districts.[3]

During this period occurred the World’s Fair at St. Louis, in which the schools of the Territory were represented. Specimens of the work done throughout the Territory were collected; these specimens represented the actual work done by the pupils under the prescribed Territorial course of study. Each piece of work bore the name of the pupil, his age and grade, and name of the school to which he belonged. There were also shown many pictures of school buildings. The exhibit as a whole attracted much attention. Mrs. E. E. Ford, who had the exhibit in charge, reported:

It has been a great surprise to the eastern people to see that we are doing the same work in our Arizona schools that they are doing here in the East. Our work compares most favorably with that of other schools in the same grades, and I have taken the time to examine other work that I might satisfy myself as to the merits of our own. In many cases I realize that our maps, language, work, and drawings are superior to that from many other schools. Many teachers come in to copy and to ask questions about Arizona schools.

The superintendent has only words of praise for the normal schools:

I can say without fear of successful contradiction that the work accomplished by these schools is equal to, and in many instances surpasses, the work done by similar schools in older States and communities.

Of the 457 teachers, 148 had life or educational diplomas, 162 first-grade and 147 second-grade certificates. During the year, out of 168 who took the examinations, 17 received first-grade and 90 second-grade certificates; 108 graduates of the normal schools received diplomas without examination.

During this period a second high school was organized under the act of 1895 and located at Mesa, and a third at Prescott. Since the university and the two normal schools were also doing this class of work, it may be said that there were then six high schools in the Territory, one in the south (university), three in the middle (Union, Mesa, and Tempe), and two in the north (Prescott and Flagstaff).

The dependence of school districts on bonds as a means of building schoolhouses was increasing in importance. The total outstanding bonds in 1900–1902 amounted to $291,737.84, and in 1902–1904 to $355,737. The highest and prevailing rate of interest then paid was 7 per cent; in 1903–4 the average was 6 per cent, while the newer bonds were being issued at a rate as low as 5 per cent. They were generally for small amounts, and in 1903–4 were issued by 11 counties.

The whole administration of Supt. Layton may be characterized by saying that it was one of slow but steady and fairly uniform growth. There were no particular developments; the superintendent presented no brilliant or striking administration, but the schools continued to grow and develop in number; the teachers and pupils continued to increase, and the law was coming by slowly cumulating effort to suit itself to the needs of the country. The slow and steady growth made for the constant extension of the schools. The character of this development is brought out clearly in the statistics. There are in these years no separate reports from the counties.

III. THIRD ADMINISTRATION OF ROBERT L. LONG, 1906–1909.

Mr. Layton resigned and was succeeded January 1, 1906, by Mr. Robert L. Long, who then entered upon his third and last term as Territorial superintendent. He was reappointed in 1907 and served till March 17, 1909, completing in his three terms of service a little more than nine years. He published reports for the bienniums of 1905–6 and 1907–8. These appear to be, with two exceptions, the last printed reports issued by the department. It seems unreasonable that the educational report of a great and growing State should be less full and far less available, now that it has attained statehood, than it was in the earlier days of Territorial dependence, but such is the case. Since the report for 1907–8 the State has not maintained the standard of excellence set by the Territory in the matter of reporting on the work actually accomplished.

The 1905 session of the Territorial legislature was not rich in legislation dealing with the schools. Only a few acts were passed. One gave funds to Graham County to restore a schoolhouse at Clifton, destroyed by the flood of February, 1905; another provided for reestablishing schools whose houses had been destroyed by violence like the above, while other acts provided for support of the reform school and for the teaching of manual training and of music and drawing in the schools.

The new superintendent pointed out that the attendance on the schools was still—

wholly voluntary, as the compulsory attendance law is so defective in some of its provisions that all attempts to enforce it have failed. If such a law is deemed necessary, it should compel the attendance of all children between the ages of 6 and 14 years during the entire time the schools are open. Habitual truants should be provided for at the industrial school.

As these remarks would indicate, the attendance was much as it had been in the past. In 1904 and 1905 the enrollment was 74.4 and 76.8 per cent of the school population, and the average attendance as measured on the basis of school population was only 47.4 and 47.7 per cent for these years, respectively; and while this was much better than in some of the States, it was so poor and irregular that the Territory was still paying more than $2 for every dollar’s worth of services received.

In 1905, 10 new buildings were erected; in 1906 there were 12. Some of these were to supply the places of outgrown structures, but most were in new localities. Many were built on the latest and most approved plans, with ample playgrounds and supplied with the best furniture. The house at Douglas cost $15,000 and that at Bisbee about $70,000. Tucson paid $50,000 for a high-school building, and buildings of this character and cost were soon to become relatively common.

In a few instances these structures were erected out of the proceeds of a direct tax, some by shortening the school term; but most of them came out of the proceeds of bond issues. On June 30, 1906, the total outstanding bonds issued for school purposes was $490,937, with interest varying between 5 and 7 per cent. In many of the grammar grades, classes corresponding in a general way to the first and second high-school years were maintained. These higher classes were supported out of the regular district funds, and numbered 302 pupils in 1905, and 419 in 1906. While they militated against the lower grades, they were authorized by the board of education to meet the practical demands of the small towns which could not support a high school. There were now regularly organized high schools at Prescott, Phoenix, Mesa, Clifton, and Morenci, organized under the law of 1895, and supported entirely by special tax. They followed a regular course of study, which admitted to the University of Arizona. In 1905 they had 332 pupils and in 1906, 342. The income and expenditures in the last year exceeded $21,480.

Manual training was first permitted in the schools by chapter 20, acts of 1905. This law authorized any school to give instruction in manual training and domestic science, “provided that such subjects can be pursued without excluding or neglecting the subjects previously provided for by law.” Districts with 200 children of school age might employ one teacher of these subjects for each 100 pupils in average attendance. These teachers were to be paid out of a special tax levied in the school district. Graduates of manual training or domestic science schools, with at least one year’s experience, might be licensed to teach; others must pass such examination on these subjects as the board of education might prescribe.

In the matter of teachers the number was gradually increasing with the demand, and salaries were improving, taking a sudden jump in 1905–6 of $8.09 over the monthly pay of the year before. The salary of women teachers was not keeping up with that of men, for it increased only $1.51 per month in three years.

The income of the Territorial school fund was growing. It was based on a 3 cent tax on the $100 of taxable property; on a tax on insurance companies doing business in the Territory, and on the rentals on school lands, which amounted in 1906 to $5,800.56. The county funds were also increasing, and the school poll tax demanded of all persons between 21 and 60 years of age, whether citizens or aliens, produced in 1906, $74,818.

While there was sufficient money for the support of the schools handsomely, it was complained that under the system of distribution then in use—

the small districts were unable to maintain school for 6 months, while the larger ones maintain sessions for 8 or 10 months during the year. It is suggested that the fixed amounts now allowed these schools be increased from $400 and $500 to $500 and $600, respectively. The same results would be attained if the present allowances to these schools were lowered to $200 and $250, and the districts be permitted to share in the apportionments based on the daily attendance, as now made to the other schools.

In this report there is a return to individual statements from the county superintendents which give us an insight into the workings of the school system in its various parts and the difficulties which each was called on to face. Thus, in Apache County the difficulty was racial and linguistic. In some sections Spanish-speaking pupils predominated, and when teachers came into such districts without acquaintance with Spanish little progress was possible. For this reason it was suggested that such teachers be required to have a practical knowledge of Spanish. In Navajo County it was suggested that separate schools be provided for Americans and Mexicans. In Cochise County it was desired that the compulsory age be extended from 14 to 16 years. Gila demanded that the apportionment of school funds be amended. Pima suggested that the laws be so amended as to permit all schools to be open for eight months, which was impossible for the country districts as the law then stood, because of the lack of funds.

The reports from the high and normal schools for these years were extremely satisfactory. They showed a development and growth that was fairly uniform.

The report of the superintendent for 1907–8 was of the same general character as that for the two years preceding. Mr. Long was again appointed superintendent, and the development and growth were of the same character as in the former years. The most marked increase was in the southern counties, and was due to the increased activities in mining interests.

The school law was somewhat amended in 1907, among other matters the compulsory law. This amendment required that every employer of child labor should require proof, under penalty of fine, that any child employed had been duly excused from school attendance; and in case of children unable to read and write English the compulsory period was extended from 14 to 16 years. But, like earlier laws, there was not sufficient machinery by which the requirements of this law might be enforced.

By this same amendment the rule of apportionment was so amended that $500 was to go to districts with 10 to 20 children (class 1); $600 to districts with 20 children or more (class 2); and to districts having an average daily attendance of 25 or more (class 3) was to be apportioned “$25 per capita, upon the average daily attendance in excess of 25 pupils.” In addition to the above, schools which increased their average attendance over that of the previous year were entitled to certain reserve funds, but no district was to be entitled to funds which had not kept its school open for six months during the previous year. The county superintendents were now allowed $250 per year for traveling expenses, while the office of the Territorial superintendent, hitherto peripatetic in accord with the convenience of the holder, was to be in the capitol and the salary increased to $2,000. No part of the school funds received from Territorial or county apportionments could be used for the payment of interest or principal of bonds or in the purchase of real estate for school purposes.

The institutes were now allowed for their support 5 per cent of the county funds assigned to education, in addition to the fee of $2 charged for the teachers’ examination for certificate. The institute session was not to exceed five days nor be less than three.

Districts having over 1,000 census children might now employ a supervising principal, and two or more contiguous districts might jointly employ such principal. Small schools with an average attendance of less than eight pupils were to be suspended and the district allowed to lapse.

The Territorial superintendent was under the impression that the compulsory school attendance law as amended in 1907 was responsible for the reduction in school absentees from 19 per cent in 1907 to 16 per cent in 1908. Since that date, if the figures of the superintendent’s report are to be relied on, there has been a still further reduction in the absentees. The figures for recent years are by no means complete or uniform, but they show a relative high record of enrollment and average attendance.

Of this situation in 1907–8 the superintendent said:

The bad showing that 5,463 children under 21 years of age were not in school last year is more apparent than real, however. It is well known that a large percentage of pupils, especially boys, leave school to earn a livelihood before they reach the age of 21. Indeed, the average age throughout the country is estimated at 14 years, when pupils quit the public schools. Those who complete the high-school course graduate at about the age of 18. Hence it is manifest that, as the census comprises all pupils between the ages of 6 and 21, it will include many who have not attended school that year but who nevertheless have completed the entire course of study of both the grammar and the high school.

Of the per cents of those out of the public schools during these years it should be said that for the purposes of this study those who were enrolled in private schools are treated the same as if they were not in school at all. The number who actually attended no school in 1906–7 was 6,505, or 19.6 per cent; in 1907–8 it had been reduced to 5,463, or 15.9 per cent; in 1912–13 and 1913–14 the corresponding figures were 8,743 and 10,833, being 18.5 and 20 per cent of the total school population at that time. In 1914–15 and 1915–16 the figures were 7,246 and 2,814, or 13 per cent and 4.6 per cent entirely out of school.

The remarks of Mr. Long on the compulsory law in 1907–8 apparently serve as accurately for later dates. He then said:

The average daily attendance on the schools shows but little, if any, increase in percentage over preceding years. The compulsory attendance law, though but poorly enforced in many localities, has evidently brought into the schools a large number of children, but there seems to have been difficulty in keeping them in school, as shown by reports of the daily attendance. The law at present is only useful for its moral effect. Perhaps the best inducement, after all, for parents to send their children to school is to convince them that the schools are worth attending. When this has been done there will be no need of compulsory attendance laws, which, at best, are regarded by many as un-American.

The large increase in school population was creating a demand for more school buildings; 8 new ones were erected in 1907 and 29 in 1908. The aggregate cost of these 37 buildings was $184,000, most of it being expended in the growing cities of the Territory and much of it for high-school facilities. The reapportionment of school funds under the revised law of 1907 increased the school term from 128.4 days in 1907 to 135 days in 1908. This increase was entirely in the small country schools. The cities had already attained to terms of 9 and 10 months.

The city schools as covered in this report show steady development and progress. Most of them had now organized high schools to complete and round out their courses, and these high schools were becoming more and more complete in themselves, and the one in Prescott had been placed on the accredited lists of Michigan, California, and Vassar. Their course, however, had not yet been made uniform and, while they supplied the needs of the larger towns, they had not as yet, with two exceptions only attempted to cater to the more rural population and it was not till about 1914 that the distinctly rural high school appeared.

During this period there was no upheaval nor extensive change in the administration of the schools. No such violent change was needed or desired. Taken as a whole the schools continued their gradual evolution upward; changes were made here and there in the details of administration as necessity seemed to demand. The funds for the smaller county schools were increased to some extent by larger apportionments, and the increased length of term and better schools tended to induce a better attendance of pupils, the teachers were better paid, and perhaps in no other State was there as little trouble in raising the necessary funds as in Arizona. These seem to have been well expended, and the general progress was steadily upward.

IV. ADMINISTRATION OF KIRKE T. MOORE, 1901–1912.

On March 17, 1909, Mr. Long as Territorial superintendent was succeeded by Kirke T. Moore, who continued to hold the reins of office until the Territory became a State. There was during these years little of moment or significance. The schools had been given their peculiar turn and were now developing steadily. There was little educational legislation, but it was of no slight significance. One act provided for uniform courses of study in the normal schools at Tempe and Flagstaff, and these were to be prescribed by the board of education.[4] The training schools provided at the normal schools as part of their regular work were now formally recognized as a part of the public school system.

It was now provided also that negro pupils might be segregated when the proper authorities thought it desirable and the number of such pupils exceeded eight in any school district, provided they were furnished equal accommodations. In the earlier reports there is only one record of negro children—28 in 1883. Later reports begin in 1902–3 and run as follows:

1902–3 129
1903–4 167
1904–5 157
1905–6 171
1906–7 210
1907–8 274

These pupils, scattered throughout the Territory, had been taught with other pupils, but as their numbers increased, an agitation for segregation began. The matter was taken up in the assembly of 1909 and discussed. The bill was vetoed by the governor, but was passed over his veto.[5] Then it was taken to the courts, coming up on appeal from the third judicial district (Maricopa County), where a suit for injunction had been tried before Judge Edward Kent and granted. The case was taken to the highest court by the school board and is reported as Dameron, et al., appellants, v. Samuel F. Bayless, appellee. It is reported in 14 Arizona, 180. The constitutionality of the act of 1909 was attacked on the ground that it was “a denial of the equal protection of the law.” It was shown that the building used for the negro school was the newest, best constructed, and most sanitary of all the school buildings in the district; that its equipment was equal if not superior to the others and that the pupils received more attention, because the attendance was smaller, than they received in the white schools; and that the course of study was the same. The conclusion of the court was in substance that “equality and not identity of privileges and rights is what is guaranteed to the citizens.” The judgment of the lower court was reversed and the case remanded with directions to vacate the injunction and dismiss.[6] No statistics giving later figures on this phase of public school work have been seen.

In November, 1910, the Territorial Teachers’ Association appointed a committee, consisting of Kirke T. Moore, the Territorial superintendent; John D. Loper, city superintendent; and A. J. Matthews, superintendent of the Tempe Normal School, to rewrite “the entire school law in order to incorporate the new recommendations and to correct existing ambiguities and irregularities.” When the committee first met the proposed State constitution was pending and it was decided to await the completion of the constitution before the school law was taken up, the proposed amendments to the school law being published in the meantime in the Arizona Journal of Education for the purpose of information. The ultimate result of these conferences and revisions was the school law as it appeared in the school code of 1913.

Mr. Moore was the last superintendent under the Territorial régime. He was reared in Tucson and was educated at the University of Arizona and at the Leland Stanford, where he took a degree in law. He opened a law office in Tucson and maintained it through a partner while performing the duties of Territorial superintendent of public instruction. He went out of office with the inauguration of the new State officers and returned to the law on March 12, 1912. He had, in the meantime won from his contemporaries the reputation of “a good and faithful officer.” The Arizona Journal of Education in its issue for October, 1911, says:[7]

Mr. Moore will have served as superintendent of schools almost three years. During his term of office he has worked with a rare degree of fidelity and has shown great resourcefulness in handling the work with the small equipment of funds that the Territory furnishes. He has brought dignity and business methods to his office and in dealing with the schools he has shown tact and skill. No one has ever brought against him a charge of indifference or neglect, and everywhere he has appeared he has inspired confidence in his fairness and wisdom. While he is not a trained educator, he has still shown knowledge as well as wisdom in his dealings with the schools. He is especially characterized by common sense and good judgment, and those traits go a long way in bringing success anywhere. His management only shows how much of school work can be done by them.

The days preceding statehood also saw the evolution of the latest form of the course of study. This course, proposed and adopted by the Territorial board of education, is much fuller than any of the preceding courses and contains many elaborated suggestions and directions. Special attention was given in its compilation to the preparation of book lists for supplementary reading and reference for pupils and progressive teachers. The course was drawn up to suit the work of graded schools covering eight years of nine months each and toward the realization of which all schools in the Territory were working. The scope of the year’s work is stated at the beginning and this is followed by a detailed month by month plan, but the apportionment of the work month by month is suggestive rather than mandatory; the making of individual adjustments was wisely left to principals and teachers. The course was expected to give the more general satisfaction because it was not the work of the board alone, but in reality represents the combined experience and wisdom of some 50 teachers of the Territory. Published in 1910, it was again issued in 1912, and has been since its publication the recognized basis of teaching in the public schools of the Territory and State.

In 1911–12, the last year of the Territorial form of government for Arizona, the statistics indicated the greatest height of prosperity to which the schools had as yet attained. The school population was that year 42,381, of whom 78.6 per cent were enrolled in the public schools, without considering the private enrollment; the average attendance when measured on enrollment amounted to 68.5 per cent, and of the total school population 53.8 per cent were in daily attendance for the term. The average monthly salary of the 895 men and women teachers was $86.58; there were 814 primary and grammar-grade schools and 16 high schools. The total school property was valued at $1,845,021. The total funds raised for school purposes were $1,817,647, of which $58,308 came from the Territory; $633,397 from county and local sources; and $1,125,943 from fines and forfeitures, rents from lands, bonds sold, special taxes, and balances. There was spent for schools in all $1,321,595, of which $890,533 went for school maintenance. Surely here was a Territory well capable of entering upon the duties of Statehood.


  1. Arizona session laws, 1903, ch. 89.
  2. Ibid., 1903, ch. 46.
  3. Ibid., 1905, ch. 12.
  4. Sess. Acts, 1909, ch. 58.
  5. Ibid., ch. 67.
  6. Sec. 14, Arizona Reports, 180, July, 1912; and 123 Pacific Reporter. See also subdivision II of par. 2179 of Civil Code of 1901.
  7. Vol. 2, p. 93.