It would seem an easy transition from the State policy of granting subsidies to private secondary schools to the policy of providing by law for the establishment, and.even the support, of such institutions. This transition was not, however, readily made, since, as has been men tioned, many objected to the principle involved regarding secondary education as a proper field of governmental agency. The legal questions wrapped up in this latter contention were not settled until 1874, when the Supreme Court of Michigan, in what is known as the "Kalamazoo Case,* decided: "Neither in our State policy, in our constitution, nor in our laws do we find the primary school districts restricted in the branches of knowledge which their officers may cause to be taught, or the grade of instruction that may be given, if their voters consent, in regular form, to bear the expense and raise the taxes for the purpose.° The principle in volved was applied long before this decision, however. As early as 1798 Connecticut author ized the opening of higher schools by the local authorities ("school societies"). In Massachu setts the law requiring grammar schools in the towns was so far weakened, in 1824, that towns having a population of less than 5,000 were allowed to substitute therefor an elementary school. But three years later, 1827, it was enacted that every town having 500 families should provide a master to give instruction in the history of the United States, bookkeeping, geometry, surveying and algebra; and every town having 4,000 inhabitants a master capable of giving instruction in Latin and Greek, his tory, rhetoric and logic. Due to the strong
entrenchment of the "district system," this law was modified and even weakened many times prior to the Civil War; but in the revision of 1859 all of the essential provisions were re enacted and even bettered. Iowa adopted a provision in 1849 expressly permitting the aid ing of higher grades to the public schools; and in 1858 authorized the establishment of county high schools. In New York, systematic grading of schools went steadily forward; and the "academic departments* of these schools corre sponding to the high schools of other States, formed a part of the University of the State of New York and received financial aid from the literature fund. In Maryland, the county academies, which had displaced the grammar schools of colonial days, continued for many years to receive financial aid from the State. Prior to the Civil War, therefore, all later types of State interest in secondary schools of a public character were at least represented: the °permissive* type; the obligatory type; and the type in which a complete and well-rounded system was sought.