LAWS REGULATING THE SCHOOLS.
ACT OF 1867
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"To provide for the continuance of the
education and maintenance of the destitute orphans of the deceased
soldiers and sailors, and the destitute children of permanently disabled
soldiers and sailors of the State.
WHEREAS, Several considerable appropriations have been expended, for the
proper education and maintenance of the destitute children of the men of
Pennsylvania, who did in defense of the Union during the late rebellion;
And whereas, It is incumbent upon the State to continue this
provision for those children who are now hers;
And whereas, The experience thus far acquired, in the performance
of this duty, now enables the Legislature to regulate, by statute, the
large discretionary powers heretofore exercised in the premises;
therefore,
"SECTION 1. Be it enacted, &c., That the Governor of this
Commonwealth is hereby authorized and required to appoint, by and with the
advice and consent of the Senate, a State Superintendent of Soldiers'
Orphans, for three years, from and after the date of said appointment, to
be subject to removal, for cause, as other officers, appointed in like
manner, are now, whose office shall be at Harrisburg, whose salary shall
be the same as that of the State Superintendent of Common Schools, and
necessary traveling expenses, and who shall give bonds, with three
sureties, to be approved by the Auditor General, and filed in the office
of the Secretary of the Commonwealth, in the sum of twenty thousand
dollars, for the faithful performance of his duties; the Superintendent
shall have power to appoint one clerk, and the Governor one male inspector
and examiner, and one female assistant, each at a salary not exceeding one
hundred dollars per month, and necessary traveling expenses, to inspect
and examine the Soldiers' Orphans Schools hereinafter provided for: Provided,
That said Superintendent shall not, during the period of his
superintendency , have any pecuniary interest in any of the said orphan
schools.
"SECTION 2. That the State Superintendent of Soldiers' Orphans is
hereby authorized and empowered to contract with the trustees,
proprietors, or principals of institutions now employed as soldiers'
orphan homes and schools, possessing such good and sufficient
accommodations as said Superintendent may approve, and of such other like
institutions as may be necessary for the proper care, and maintenance, and
education, at the expense of the State, and until the age of sixteen
years, of the destitute orphan children of all such deceased soldiers and
sailors, citizens of Pennsylvania and soldiers who have served in
Pennsylvania regiments, as have died in the service of the United States,
in the late war to suppress the rebellion Provided, That the
Superintendent may require that institutions receiving soldiers' orphans
over ten years of age shall have not less than twenty acres of tillable
land, and accommodations for not less than one hundred and fifty soldiers'
orphans, except the Lincoln Institution, in the city of
Philadelphia: And provided further, That said Superintendent
of Soldiers' Orphans shall establish at least one such institution, for
the reception of soldiers' orphans over the age of ten years, within one
year after the passage of this act, in each of the twelve Normal school
districts, now provided for by law, if, in the opinion of said
Superintendent, the Governor concurring, the same shall be required and
practicable; And provided further, That in no case shall the State
become liable, in any manner, for the cost of erecting, repairing, or
furnishing any of the institutions employed as Soldiers' Orphan Schools.
"SECTION 3. That the State Superintendent of soldiers' orphans is
hereby authorized to receive conveyances and transfer of the custody,
care, and control, for all the purposes of education and maintenance, till
their arrival at the age of sixteen years, of said destitute soldiers'
orphans, from their respective mothers, guardians, or next friends; and
all such conveyances and transfers heretofore made, or that may hereafter
be made, to the State Superintendent of soldiers' orphans, shall be valid
and binding upon said mothers, guardians, and next friends, and also upon
said orphans till their arrival at the age of sixteen years; and if said
orphans abscond, or be withdrawn without his consent from the custody of
the Superintendent, or from the institutions in which he shall thereupon
become liable to the provisions of the acts of Assembly relating to
absconding apprentices.
"SECTION 4. That the superintendents of soldiers' orphans shall by
and with the advice and approval of the Governor, prescribe rules and
regulations for the government of institutions becoming Soldiers' Orphan
Schools, designate the minimum number and grade of employes necessary,
specify the character and quality of food and clothing that shall be
furnished, and which shall be similar for all institutions of the same
grade in the State, and decide upon a course of study to be pursued, which
course shall embrace, at least, the usual branches of a good common school
education, together with instruction in vocal music, military tactics, and
calisthenics, and the greatest variety possible of household and domestic
pursuits, and mechanical and agricultural employments, consistent with the
respective sexes and ages of said orphan children and their school room
studies; he shall visit each Soldiers' Orphan School at least once each
quarter, either in person or by deputy, remaining at least twenty-four
hours in each.
"SECTION 5. Application for the admission of soldiers' orphans,
entitled to the benefit of this act into the institutions established for
their education and maintenance, shall be made by conveyance and transfers
to the Superintendent of Soldiers' Orphans, in accordance with
provisions of section third of this act, executed, under oath, by the
mother, if living, and by the guardian or next friend, if the mother be
dead, or has abandoned said orphans; but all applications must be approved
the the board of school directors, controllers, or superintending
committee of the district, ward, or city in which the mother resides, if
she makes the application, or in which the orphans reside, in other cases,
and the superintendent may require such other certificate, from a
superintending committee, which committee shall be appointed and hold
office at the discretion of the superintendent, and by and with the
consent of the Governor, or from such other source as he may deem
necessary.
"SECTION 6. That the said superintendent be and is hereby authorized
and directed to procure a school or schools, or home or homes for the
children of the colored soldiers and sailors who fell in the recent
rebellion, subject to the same regulations and restrictions provided in
relation to the education and maintenance of the orphans of white soldiers
and sailors; Provided, That when he may deem it expedient to do so,
the said superintendent may waive the restriction in regard to number of
acres and extent of accommodation in the case of schools or homes for
colored orphans.
"SECTION 7. That all contracts made by said Superintendent shall be
characterized alike by a wise economy and a just regard for services
rendered, and that no contract shall be made for a longer period that one
year, unless with the sanction of the Governor, and in cases in which it
is clearly the interest of the State to contract for a longer period, such
period in no case, however, to exceed five years: Provided,
That all the contracts made under this act may be annulled at any time for
failure to fulfill the conditions of such contracts on the part of any
contractor, of which failure the Governor and Superintendent shall be the
judges; and that every such contract shall be made upon the condition of
the continuance of said Soldiers' Orphan Schools by the Legislature of the
State.
"SECTION 8. That the said Superintendent may, with the consent of the
Governor, afford partial relief, in kind, not exceeding thirty dollars per
annum for each orphan, in cases where, in his judgment, it is proper to
suffer the orphans to remain with their surviving parents, or relatives,
or guardians, and to receive instruction in the public schools of the
Commonwealth.
"SECTION 9. That all bills for the maintenance and education of the
soldiers' orphans shall be paid quarterly, by warrant drawn directly upon
the State Treasurer, signed by the Superintendent of Soldiers' Orphans,
who shall file a receipted bill for the same in the Auditor General's
office, before issuing the next quarterly warrant, which the State
Treasurer is hereby forbidden to pay until such receipted bill is thus
filed: Provided, That all amounts appropriated for the
purchase of clothing, and the payment of partial relief, salaries, and
incidental expenses, may be drawn, by the State Superintendent of
Soldiers' Orphans, upon the warrants of the Governor, and the bills for
the same settled semi-annually, at the Auditor General's office, in the
usual manner.
"SECTION 10. That the Superintendent of Soldiers' Orphans shall
require monthly, quarterly, and annual reports, according to such form as
he shall prescribe, from each institution receiving soldiers' orphans, at
the expense of the State; and that said Superintendent shall, not later
than the first day of December, one thousand eight hundred and
sixty-seven, and annually thereafter, make a detailed report to the
Governor of this Commonwealth, of all the soldiers' orphans under his
charge, their condition and progress, the numbers of each respective age,
from four to sixteen years, and such other information as he may deem
expedient, together with the statement of receipts and disbursements by
item, and estimates for ensuing year.
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