On my way to the office the other day, I came upon three boys sitting on a beer-keg in the mouth of a narrow alley intent upon a game of cards. They were dirty and “tough.” The bare feet of the smallest lad were nearly black with dried mud. His hair bristled, unrestrained by cap or covering of any kind. They paid no attention to me when I stopped to look at them. It was an hour before noon.

“Why are you not in school?” I asked of the oldest rascal. He might have been thirteen.

“’Cause,” he retorted calmly, without taking his eye off his neighbor’s cards, “’cause I don’t believe in it. Go on, Jim!”

I caught the black-footed one by the collar. “And you,” I said, “why don’t you go to school? Don’t you know you have to?”

The boy thrust one of his bare feet out at me as an argument there was no refuting. “They don’t want me; I aint got no shoes.” And he took the trick.

I had heard his defence put in a different way to the same purpose more than once on my rounds through the sweat-shops. Every now and then some father, whose boy was working under age, would object, “We send the child to school, as the Inspector says, and there is no room for him. What shall we do?” He spoke the whole truth, likely enough; the boy only half of it. There was a charity school around the corner from where he sat struggling manfully with his disappointment, where they would have taken him, and fitted him out with shoes in the bargain, if the public school rejected him. If anything worried him, it was probably the fear that I might know of it and drag him around there. I had seen the same thought working in the tailor’s mind. Neither had any use for the school; the one that his boy might work, the other that he might loaf and play hookey.

Each had found his own flaw in our compulsory education law and succeeded. The boy was safe in the street because no truant officer had the right to arrest him at sight for loitering there in school-hours. His only risk was the chance of that functionary’s finding him at home, and he was trying to provide against that. The tailor’s defence was valid. With a law requiring—compelling is the word, but the compulsion is on the wrong tack—all children between the ages of eight and fourteen years to go to school at least one-fourth of the year or a little more; with a costly machinery to enforce it, even more costly to the child who falls under the ban as a truant than to the citizens who foot the bills, we should most illogically be compelled to exclude, by force if they insisted, more than fifty thousand of the children, did they all take it into their heads to obey the law. We have neither schools enough nor seats enough in them. As it is, we are spared that embarrassment. They don’t obey it.

This is the way the case stands: Computing the school population upon the basis of the Federal census of 1880 and the State census of 1892, we had in New York, in the summer of 1891, 351,330 children between five and fourteen[10] years. I select these limits because children are admitted to the public schools under the law at the age of five years, and the statistics of the Board of Education show that the average age of the pupils entering the lowest primary grade is six years and five months. The whole number of different pupils taught in that year was 196,307.[11] The Catholic schools, parochial and select, reported a total of 35,055; the corporate schools (Children’s Aid Society’s, Orphan Asylums, American Female Guardian Society’s, etc.), 23,276; evening schools, 29,165; Nautical School, 111; all other private schools (as estimated by Superintendent of Schools Jasper), 15,000; total, 298,914; any possible omissions in this list being more than made up for by the thousands over fourteen who are included. So that by deducting the number of pupils from the school population as given above, more than 50,000 children between the ages of five and fourteen are shown to have received no schooling whatever last year. As the public schools had seats for only 195,592, while the registered attendance exceeded that number, it follows that there was no room for the fifty thousand had they chosen to apply. In fact, the year before, 3,783 children had been refused admission at the opening of the schools after the summer vacation because there were no seats for them. To be told in the same breath that there were more than twenty thousand unoccupied seats in the schools at that time, is like adding insult to injury. Though vacant and inviting pupils they were worthless, for they were in the wrong schools. Where the crowding of the growing population was greatest and the need of schooling for the children most urgent, every seat was taken. Those who could not travel far from home—the poor never can—in search of an education had to go without.

The Department of Education employs twelve truant officers, who in 1891 “found and returned to school” 2,701 truants. There is a timid sort of pretence that this was “enforcing the compulsory education law,” though it is coupled with the statement that at least eight more officers are needed to do it properly, and that they should have power to seize the culprits wherever found. Superintendent Jasper tells me that he thinks there are only about 8,000 children in New York who do not go to school at all. But the Department’s own records furnish convincing proof that he is wrong, and that the 50,000 estimate is right. That number is just about one-seventh of the whole number of children between five and fourteen years, as stated above. In January of this year a school-census of the Fourth and Fifteenth wards,[12] two widely separated localities, differing greatly as to character of population, gave the following result: Fourth Ward, total number of children between five and fourteen years, 2,016;[13] of whom 297 did not go to school. Fifteenth Ward, total number of children, 2,276; number of non-attendants, 339. In each case the proportion of non-attendants was nearly one-seventh, curiously corroborating the estimate made by me for the whole city.