otherwise disposed of, or to which a pre-emption claim or right of homestead had not attached, and on which a bona fide settlement and improvement had not been made under color of title derived from the United States or from the State of Iowa, within six miles of such newly located line, an amount of land per mile equal to that originally authorized to be granted to aid in the construction of said road by the act to which this was an amendment.

The term "out of any lands belonging to the United States, not sold, reserved or otherwise disposed of, etc.," would seem to indicate that Congress did intend to grant lands already granted, but when it declared that the Company should have an amount per mile equal to that originally authorized to be granted, it is plain that the framers of the bill were ignorant of the real terms of the original grant, or that they designed that the United States should resume the title it had already parted with two years before the lands could revert to the United States under the original act, which was not repealed.

A similar change was made in relation to the Cedar Rapids & Missouri Railroad, and dictated the conveyance of lands in a similar manner.

Like provision was made for the Dubuque & Sioux City Railroad, and the Company was permitted to change the location of its line between Fort Dodge and Sioux City, so as to secure the best route between those points; but this change of location was not to impair the right to the land granted in the original act, nor did it change the location of those lands.

By the same act, the Mississippi & Missouri Railroad Company was authorized to transfer and assign all or any part of the grant to any other company or person, "if, in the opinion of said Company, the construction of said railroad across the State of Iowa would be thereby sooner and more satisfactorily completed; but such assignee should not in any case be released from the liabilities and conditions accompanying this grant, nor acquire perfect title in any other manner than the same would have been acquired by the original grantee.'

Still further, the Burlington & Missouri River Railroad was not forgotten, and was, by the same act, empowered to receive an amount of land per mile equal to that mentioned in the original act, and if that could not be found within the limits of six miles from the line of said road, then such selection might be made along such line within twenty miles thereof out of any public lands belonging to the United States, not sold, reserved or otherwise disposed of, or to which a pre-emption claim or right of homestead had not attached.

Those acts of Congress, which evidently originated in the "lobby," occasioned much controversy and trouble. The Department of the Interior, however, recognizing the fact that when the Secretary had certified the lands to the State, under the act of 1856, that act divested the United States of title, under the vesting act of August, 1854, refused to review its action, and also refused to order any and all investigations for establishing adverse claims (except in pre-emption cases), on the ground that the United States had parted with the title, and, therefore, could exercise no control over the land.

May 12, 1864, before the passage of the amendatory act above described, Congress granted to the State of Iowa, to aid in the construction of a railroad from McGregor to Sioux City, and for the benefit of the McGregor Western Railroad Company, every alternate section of land, designated by odd numbers, for ten sections in width on each side of the proposed road, reserving the right to substitute other lands whenever it was found that the grant infringed upon pre-empted lands, or on lands that had been reserved or disposed of for any other purpose. In such cases, the Secretary of the Interior was instructed to select, in lieu, lands belonging to the United States lying nearest to the limits specified.

X.-AGRICULTURAL COLLEGE AND FARM LANDS.

An Agricultural College and Model Farm was established by act of the General Assembly, approved March 22, 1858. By the eleventh section of the act, the proceeds of the five-section grant made for the purpose of aiding in the erection of public buildings was appropriated, subject to the approval of Congress, together with all lands that Congress might thereafter grant to the State for the purpose, for the benefit of the institution. On the 23d of March, by joint resolution, the Legislature asked the consent of Congress to the proposed transfer. By act approved July 11, 1862, Congress removed the restrictions imposed in the "five-section grant," and authorized the General Assembly to make such disposition of the lands as should be deemed best for the interests of the State. By these several acts, the five sections of land in Jasper County certified to the State to aid in the erection of public buildings under the act of March 3, 1845, entitled "An act supplemental to the act for the admission of the States of Iowa and Florida into the Union," were fully appropriated for the benefit of the Iowa Agricultural College and Farm. The institution is located in Story County. Seven hundred and twenty-one acres in that and two hundred in Boone County were donated to it by individuals interested in the success of the enterprise.

By act of Congress approved July 2, 1862, an appropriation was made to each State and Territory of 30,000 acres for each Senator and Representative in Congress, to which, by the apportionment under the census of 1860, they were respectively entitled. This grant was made for the purpose of endowing colleges of agriculture and mechanic arts.

Iowa accepted this grant by an act passed at an extra session of its Legislature, approved September 11, 1862, entitled "An act to accept of the grant, and carry into execution the trust conferred upon the State of Iowa by an act of Congress entitled 'An act granting public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts,' approved July 2, 1862." This act made it the duty of the Governor to appoint an agent to select and locate the lands, and provided that none should be selected that were claimed by any county as swamp lands. The agent was required to make report of his doings to the Governor, who was instructed to submit the list of selections to the Board of Trustees of the Agricultural College for their approval. One thousand dollars were appropriated to carry the law into effect. The State, having two Senators and six Representatives in Congress, was entitled to 240,000 acres of land under this grant, for the purpose of establishing and maintaining an Agricultural College. Peter Melendy, Esq., of Black Hawk County, was appointed to make the selections, and during August, September and December, 1863, located them in the Fort Dodge, Des Moines and Sioux City Land Districts. December 8, 1864, these selections were certified by the Commissioner of the General Land Office, and were approved to the State by the Secretary of the Interior December 13, 1864. The title to these lands was vested in the State in fee simple, and conflicted with no other claims under other grants.

The agricultural lands were approved to the State as 240,000.96 acres; but as 35,691.66 acres were located within railroad limits, which were computed at the rate of two acres for one, the actual amount of land approved to the State under this grant was only 204,309.30 acres, located as follows:

By act of the General Assembly, approved March 29, 1864, entitled, "An act authorizing the Trustees of the Iowa State Agricultural College and Farm to sell all lands acquired, granted, donated or appropriated for the benefit of said college, and to make an investment of the proceeds thereof," all these lands were granted to the Agricultural College and Farm, and the Trustees were authorized to take possession, and sell or lease them. They were then, under the control of the Trustees, lands as follows:

The Trustees opened an office at Fort Dodge, and appointed Hon. G. W. Bassett their agent for the sale of these lands.

THE PUBLIC SCHOOLS.

The germ of the free public school system of Iowa, which now ranks second to none in the United States, was planted by the first settlers. They had migrated to the "The Beautiful Land" from other and older States, where the common school system had been tested by many years' experience, bringing with them some knowledge of its advantages, which they determined should be enjoyed by the children of the land of their adoption. The system thus planted was expanded and improved in the broad fields of the West, until now it is justly considered one of the most complete, comprehensive and liberal in the country.

Nor is this to be wondered at when it is remembered humble log school houses were built almost as soon as the log cabin of the earliest settlers were occupied by their brave builders. In the lead mining regions of the State, the first to be occupied by the white race, the hardy pioneers provided the means for the education of their children even before they had comfortable dwellings for their families. School teachers were among the first immigrants to Iowa. Wherever a little settlement was made, the school house was the first united public act of the settlers; and the rude, primitive structures of the early time only disappeared when the communities had increased in population and wealth, and were able to replace them with more commodious and comfortable buildings. Perhaps in no single instance has the magnificent progress of the State of Iowa been more marked and rapid than in her common school system and in her school houses, which, long since, superseded the log cabins of the first settlers. Today, the school houses which everywhere dot the broad and fertile prairies of Iowa are unsurpassed by those of any other State in the great Union. More especially is this true in all her cities and villages, where liberal and lavish appropriations have been voted, by a generous people, for the erection of large, commodious and elegant buildings, furnished with all the modern improvements, and costing from $10,000 to $60,000 each. The people of the State have expended more than $10,000,000 for the erection of public school buildings.

The first house erected in Iowa was a log cabin at Dubuque, built by James L. Langworthy and a few other miners, in the Autumn of 1833. When it was completed, George Cabbage was employed as teacher during the Winter of 1833-4, and thirty-five pupils attended his school. Barrett Whittemore taught the second term with twenty-five pupils in attendance. Mrs. Caroline Dexter

commenced teaching in Dubuque in March, 1836. She was the first female teacher there, and probably the first in Iowa. In 1839, Thomas H. Benton, Jr., afterward for ten years Superintendent of Public Instruction, opened an English and classical school in Dubuque. The first tax for the support of schools at Dubuque was levied in 1840.

Among the first buildings erected at Burlington was a commodious log school house in 1834, in which Mr. Johnson Pierson taught the first school in the Winter of 1834-5.

The first school in Muscatine County was taught by George Bumgardner, in the Spring of 1837, and in 1839, a log school house was erected in Muscatine, which served for a long time for school house, church and public hall. The first school in Davenport was taught in 1838. In Fairfield, Miss Clarissa Sawyer, James F. Chambers and Mrs. Reed taught school in 1839.

When the site of Iowa City was selected as the capital of the Territory of Iowa, in May, 1839, it was a perfect wilderness. The first sale of lots took place August 18, 1839, and before January 1, 1840, about twenty families had settled within the limits of the town; and during the same year, Mr. Jesse Berry opened a school in a small frame building he had erected, on what is now College street.

The first settlement in Monroe County was made in 1843, by Mr. John R. Gray, about two miles from the present site of Eddyville; and in the Summer of 1844, a log school house was built by Gray, William V. Beedle, C. Renfro, Joseph McMullen and Willoughby Randolph, and the first school was opened by Miss Urania Adams. The building was occupied for school purposes for nearly ten years. About a year after the first cabin was built at Oskaloosa, a log school house was built, in which school was opened by Samuel W. Caldwell in 1844.

At Fort Des Moines, now the capital of the State, the first school was taught by Lewis Whitten, Clerk of the District Court in the Winter of 1846-7, in one of the rooms on "Coon Row," built for barracks.

The first school in Pottawattomie County was opened by George Green, a Mormon, at Council Point, prior to 1849; and until about 1854, nearly, if not quite, all the teachers in that vicinity were Mormons.

The first school in Decorah was taught in 1853, by T. W. Burdick, then a young man of seventeen. In Osceola, the first school was opened by Mr. D. W. Scoville. The first school at Fort Dodge was taught in 1855, by Cyrus C. Carpenter, since Governor of the State. In Crawford County, the first school house was built in Mason's Grove, in 1856, and Morris McHenry first occupied it as teacher.

During the first twenty years of the history of Iowa, the log school house prevailed, and in 1861, there were 893 of these primitive structures in use for school purposes in the State. Since that time they have been gradually disappearing. In 1865, there were 796; in 1870, 336, and in 1875, 121.

Iowa Territory was created July 3, 1838. January 1, 1839, the Territorial Legislature passed an act providing that "there shall be established a common school, or schools in each of the counties in this Territory, which shall be open and free for every class of white citizens between the ages of five and twenty-one years." The second section of the act provided that "the County Board shall, from time to time, form such districts in their respective counties whenever a petition may be presented for the purpose by a majority of the voters resident within such contemplated district." These districts were governed by boards of trustees, usually of three persons; each district was required

to maintain school at least three months in every year; and later, laws were enacted providing for county school taxes for the payment of teachers, and that whatever additional sum might be required should be assessed upon the parents sending, in proportion to the length of time sent.

When Iowa Territory became a State, in 1846, with a population of 100,000, and with 20,000 scholars within its limits, about four hundred school districts had been organized. In 1850, there were 1,200, and in 1857, the number had increased to 3,265.

In March, 1858, upon the recommendation of Hon. M. L. Fisher, then Superintendent of Public Instruction, the Seventh General Assembly enacted that "each civil township is declared a school district," and provided that these should be divided into sub-districts. This law went into force March 20, 1858, and reduced the number of school districts from about 3,500 to less than 900.

This change of school organization resulted in a very material reduction of the expenditures for the compensation of District Secretaries and Treasurers. An effort was made for several years, from 1867 to 1872, to abolish the subdistrict system. Mr. Kissell, Superintendent, recommended, in his report of January 1, 1872, and Governor Merrill forcibly endorsed his views in his annual message. But the Legislature of that year provided for the formation of independent districts from the sub-districts of district townships.

The system of graded schools was inaugurated in 1849; and new schools, in which more than one teacher is employed, are universally graded.

The first official mention of Teachers' Institutes in the educational records of Iowa occurs in the annual report of Hon. Thomas H. Benton, Jr., made December 2, 1850, who said, "An institution of this character was organized a few years ago, composed of the teachers of the mineral regions of Illinois, Wisconsin and Iowa. An association of teachers has, also, been formed in the county of Henry, and an effort was made in October last to organize a regular institute in the county of Jones." At that time-although the beneficial influence of these institutes was admitted, it was urged that the expenses of attending them was greater than teachers with limited compensation were able to bear. To obviate this objection, Mr. Benton recommended that "the sum of $150 should be appropriated annually for three years, to be drawn in installments of $50 each by the Superintendent of Public Instruction, and expended for these institutions." He proposed that three institutes should be held annually at points to be designated by the Superintendent.

No legislation in this direction, however, was had until March, 1858, when an act was passed authorizing the holding of teachers' institutes for periods not less than six working days, whenever not less than thirty teachers should desire. The Superintendent was authorized to expend not exceeding $100 for any one institute, to be paid out by the County Superintendent as the institute might direct for teachers and lecturers, and one thousand dollars was appropriated to defray the expenses of these institutes.

December 6, 1858, Mr. Fisher reported to the Board of Education that institutes had been appointed in twenty counties within the preceding six months, and more would have been, but the appropriation had been exhausted.

The Board of Education at its first session, commencing December 6, 1858, enacted a code of school laws which retained the existing provisions for teachers' institutes.

In March, 1860, the General Assembly amended the act of the Board by appropriating "a sum not exceeding fifty dollars annually for one such institute, held as provided by law in each county.'