As a survival of the legislation regarding teachers’ qualifications, which had been brought about by the period of Reconstruction, were the statutes of Arizona of 1883 and 1885. By these laws it was made a duty of the superintendent of public instruction and the county superintendents of schools to administer oaths and affirmations of loyalty to teachers.[93]
CITIZENSHIP AS A QUALIFICATION FOR TEACHERS
Beginning in 1899 came legislation eliminating from the teaching profession those who were not American citizens. North Dakota was the pioneer in this movement in a statute prohibiting the issuance of certificates or permits to teach to persons not citizens of the United States, unless they had resided in the United States “for at least one year prior to the time of such applications or permit.”[94] The same year Idaho adopted a similar restriction, by forbidding the granting of certificates or the employment of any teacher in the public schools, “not a citizen of the United States.”[95] A decade later (1907) Nevada attempted to promote patriotism by requiring an oath of all public officials including teachers in schools and university professors. In this was affirmed the dominance of the national over the state government and an abjuration of duelling, a relic of frontier conditions.
“I, ——, do solemnly swear,” declared the official, or teacher, “that I will support, protect and defend the Constitution and Government of the United States and the Constitution and Government of the State of Nevada against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any state convention or legislature to the contrary notwithstanding; and further that I do this, with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever. And I do further solemnly swear (or affirm) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, nor been a second to either party, nor in any manner aided or assisted in such a duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the Constitution of the State of Nevada, and that I will not be so engaged or concerned directly or indirectly in or about any such duel, during my continuance in office....”[96]
TEXTBOOK LEGISLATION
Substantially all legislation regarding history textbooks has developed since the Civil War, only three states passing statutes of this character before 1860.[97] This form of regulation falls, in general, into laws in which certain textbooks are named as suitable for use or are definitely prescribed, laws in which the subjects of the curriculum are enumerated by a statement concerning textbooks, enactments limiting the price of books, statutes by which books of a partisan or political bias are forbidden, and laws prescribing the character of the content for history textbooks, whose source is a sectional or partisan animus.
In 1862, the state of Vermont passed An Act directing the Board of Education to select a Textbook of the Geography and History of Vermont which was to be used in all district schools of the state for a period of five years.[98] Ten years later Hall’s Geography and History of Vermont, which was then in use by sanction of the law, was continued as a textbook until 1878.[99] In Rhode Island, the report of the Superintendent of Public Education, in 1865, named the histories written by Berard and Goodrich as those commonly used in the public schools.[100] By legislative enactment, North Carolina in 1879, designated Moore’s History of North Carolina for use in her public schools.[101]
Of the textbooks prescribed in West Virginia, Goodrich’s Common School History, Quackenbos’ History of the United States, and Holmes’ History of the United States were named by laws in 1868 and 1873. Later the price of Myers’ General History, Montgomery’s General History and Montgomery’s Beginner’s American History were regulated by law.[102] In Virginia “the two works of John Esten Cooke, entitled respectively ‘Virginia: A History of Her People,’ and ‘Stories of the Old Dominion,’” were included in the list of textbooks selected.[103] In Indiana, in 1889, the state board of education was directed to choose a history equal to Thalheimer’s History of the United States,[104] and two years later it was enacted that the price of the textbook on the history of the United States should not exceed 65 cents a volume.[105]
Minnesota, Kansas, and Montana insisted that their histories be the equal of Barnes’ School Histories.[106] In Kansas the law also made it conditional that the civil government textbook be equal to Thummel’s Government of the United States with the Kansas addendum,[107] and that among the textbooks selected by the state commission should be included books on general history, history of Kansas and English history.[108] A Montana law also limited the price to be paid for books: Barnes’ Brief History of the United States, retail price $1.20; Barnes’ Primary History of the United States, retail price 70 cents; and Lovell’s Civics for Young People (also a prescribed textbook), retail price 50 cents.[109] In South Dakota the maximum price for a textbook on the history of the United States was fixed at 80 cents by a law of 1891.[110]
The duty of choosing textbooks was delegated to various officials in the different states. Missouri directed, in 1897, that a state commission should select the textbooks in United States history and civil government.[111] Arkansas delegated the task of choosing a history of the United States to the state superintendent of public instruction,[112] as well as providing, in 1899, that there be included among the textbooks of the schools, the history and civil government of the state and nation.[113] In Idaho, the county superintendent selected the textbooks in “history,” and in California the duty devolved upon the state board of education.[114]