proper, and that it was a duly authorized and selected textbook for the use of the schools.

The case was tried in the circuit court and appealed to the supreme court. The supreme court was unanimous in the decision that the reading of the Bible must be discontinued because it was in violation of the section of the constitution prohibiting sectarian instruction in public schools, and that it was also in direct violation of a law passed in 1883 which declared that "no textbooks shall be permitted in any free public school, which will have a tendency to inculcate sectarian ideas." The court, however, also held that this prohibition did not exclude the use of textbooks containing extracts from the Bible, even though they might contain passages from which some inference of sectarian doctrine might possibly be drawn.

Only Secular Instruction in the Public Schools. Since this decision of the supreme court was made, the public schools in the state have been used only for secular instruction, and all practices not strictly in accord with the decision have been abandoned.

THE PRESENT FUNDAMENTAL COURSE OF INSTRUCTION The present statute relating to "the Fundamental Course of Instruction" is as follows:

40.30. Orthography, orthoepy, reading, writing, English grammar and composition, geography, arithmetic, elements of agriculture, history and civil government of the United States and of the State of Wisconsin, citizenship and such other branches as the board may determine, shall be taught in every district school. All instruction shall be in the English language, except that the district board or the board of education may, in their discretion, cause any foreign language to be taught by a competent teacher to such pupils as desire it, not to exceed one hour each day.

In addition to the above named subjects, separate enactments, as we have seen, provide for the teaching of physiology and hygiene, moral and humane instruction, and instruction in the prevention of accidents. Other subjects, such as music, drawing, nature study, manual training and domestic science, or a foreign language, have been included by action of district boards or boards of education, either upon their own initiative or in accordance with suggestions contained in the manual of the course of study for elementary schools, which is issued by the state department of public instruction.

ΧΙ

COMPULSORY ATTENDANCE LAWS

A system of popular education depends for its success on several factors, one of the most important of which is the number of months each child attends school each year and the regularity of such attendance during the entire school year. It would seem that parents uniformly would be so imbued with the value of an education that they would put forth every effort and make every sacrifice necessary to keep their children in school. But the history of education the world over demonstrates that unless some compulsion is exercised by the state, parents are apt to be derelict in sending their children to school and keeping them in school long enough to assure them a good education.

EARLY CONDITIONS

Many Children Failed to Attend School. From the time Wisconsin became a state to 1879, a period of thirty-one years, there were no compulsory education laws on the statute books. Agitation in favor of some compulsory attendance law, however, began early in the sixties, when it was discovered that half of the children living in the country, and a large proportion of those living in the villages and cities, either did not attend school at all or attended only a comparatively short time and in a most irregular manner.

It was claimed by the early settlers that the poor attendance was due to the following reasons:

(1) The schoolhouses were wretched affairs, lacking in physical comforts of every kind.

(2) The condition of the roads was bad, especially in the fall and spring, when they were almost impassable.

(3) The school districts were often very large, thus making it necessary for the children to travel long distances.

(4) The early pioneers were engaged in fighting nature to gain a livelihood and when the children were old enough to work, the boys helped on the farm and the girls assisted the mothers in domestic work.

(5) The exceedingly poor teaching was also conducive to the irregularity of attendance.

First Discussion of Compulsory Education. The first discussion of the subject of compulsory education was had in the assembly committee on education in 1866, but aside from the fact that this discussion disclosed the fact that there was a great amount of illiteracy in the state, nothing was accomplished.

TRUANT SCHOOLS

The legislature of 1873 took the first step to compel truants to attend school. It authorized cities to organize truant schools and to pass ordinances compelling children who did not attend a regular public or private school to attend a truant school. However, no truant schools were ever organized under the law.

The argument used against the truancy act was that to be effective it should require truants to attend schools already established and not special truant schools which were to be established. However, the opinion steadily gained ground that when the state decided to compel each citizen to pay a part of his income to support the public schools the state at the same time assumed an obligation to compel the children to attend school and thus to insure every child at least so much of an education as might be necessary to fit him to discharge properly the duties of citizenship.

However, the discussion of compulsory education also disclosed the existence of a widespread opinion that while parents might be compelled to give their children an education to fit them to be useful members of society, this should not be construed to mean that their children must have exactly the kind of education the state might desire to provide for them. Parents, it was claimed, should be allowed to secure the necessary education for their children where and how they pleased. This, it was held, would remove the subject of compulsory education from "the battle field of sects and parties," and the rights of the individual would not be infringed upon.

SUPERINTENDENT FALLOWS' REPORT

In 1873 the assembly adopted a resolution directing the state superintendent of public instruction to make an investigation of truancy and compulsory education laws in the United States and foreign countries and submit the results of his investigations, together with his recommendations, to the next session of the legislature.

Every Child a Right to an Education. State Superintendent Samuel Fallows, to whom the resolution was directed, made such a report in December, 1873, just prior to the meeting of the legislature. The following is a brief summary of that report:

"In Wisconsin in 1870 over 17 per cent of the adult males were illiterate, and 55,000 inhabitants, 10 years and over, were unable to read. There were between 40 and 50 thousand children in the state who did not attend school at all in 1870. Since the payment of taxes for educational purposes is made compulsory, education should also be made compulsory. The prevailing sentiment among the leading educators of the United States is that each child has right to an education, and that the state should maintain that right by positive enactment of laws."

THE FIRST COMPULSORY ATTENDANCE LAW

Nothing, however, was accomplished until 1879 when the legislature passed a most modest compulsory attendance law. This law provided that children between the ages of 7 and 15 years were to attend a public or a private school at least 12 weeks in each school year. But the law was too weak to be effective. It excused non-attendance on the flimsiest pretexts so that thousands of exemptions were claimed under this act and allowed. Its enforcement lay in the hands of each district board with the result that it virtually was a dead letter.

THE COMPULSORY EDUCATION LAW AMENDED

The Bennett Law. This early act was amended by the law of 1889. The new law compelled every parent to send his children between the ages of 7 and 14 to some public or private school for a period of not less than 12 weeks in each school year, but added that "no school shall be regarded as a

school under the act unless there shall be taught therein as part of the elementary education of children, reading, writing, arithmetic and U. S. history in the English language."

This act became known as the Bennett Law, and was construed as an attempt to control in a measure the course of study of parochial and other private schools. The parochial school interests of the state objected most strenuously to the law and it became the controlling and determining issue of the political campaign in 1890. The Republicans, who were held responsible for the introduction and passage of the act, lost the election and the democratic legislature of 1891 promptly repealed the objectionable provision, and placed the maximum age at 13 years. In 1901 the age limit was changed from 13 to 14 years.

The Truancy Law Strengthened. It was not until 1903 that another attempt was made to strengthen the compulsory education law. The law of 1903 did considerable good, particularly in the cities, but in the villages and rural communities it proved to be very much of a dead letter law. The reason for its non-enforcement lay in the fact that the district boards, which were required to enforce the law, placed business and personal friendship above the law. It resulted in much strife, quarreling and trouble for members of these boards and was allowed to become inoperative.

The Truancy Law of 1907. In 1907 the legislative committee of the State Teachers' Association and that of the County Superintendents' Association united in drafting a more stringent compulsory education law. These committees met representatives of the parochial school interests of the state. to secure their cooperation, and when a bill was prepared which was satisfactory to all concerned, little trouble was experienced in putting it through the legislature. This law declared that any person having under his control any child between the ages of 7 and 14 years, (or 14 and 16, unless regularly and legally employed), shall cause such child to be enrolled and attend some public, parochial or private school regularly in cities of the first class during the full period and hours of the calendar year that the school is in session; in all other cities not less than eight months; and in towns and villages not less than six months in each school year, provided