The Press.

Press, Volume XXI, Issue 2402, 17 April 1873, Page 2

The Press.

THURSDAY, APRIL 17, 1873

The attempt to bring Christchurch under the Education Ordinance has met with the opposition that was to be expected. A memorial to the Superintendent has been circulated through the town for signature, praying his Honor to exercise the power conferred on hitn by the 27th clause of the Ordinance, and proclaim Christchurch an educational district. "Whereupon a counter-testimonial has been put in circulation. It implies a doubt of the existence of the power attributed to the Superintendent; suggests that the intention of the Ordinance will not be complied with unless the question is referred to a public meeting of householders; and begs his Honor, "if be should be advised otherwise," to refuse to issue a proclamation until the Ordinance has been amended in. accordance with the views of the petitioners. Ab to the power of the Superintendent in the matter, both sets of petitioners, especially the latter, appear somewhat abroad. There is no doubt that his Honor may lawfully proclaim any part of the province an educational district; but it seems essential that he should do so upon the recommendation of the Board of Education. The authority given to tbe Superintendent, is thus qualified both in the 27th and 39th clauses of the Ordinance. A petition to the Superintendent, therefore (except so far as it may induce the Board to take action), will be of no avail. The most favorable answer that can be hoped for is that his Honor sympathises with the petitioners' objects, and will be willing to do as requested whenever he received a recommendation to that effect from the Board of Education.

But that the consent of the householders is not indispensible, and that the system established by the Education Ordinance, 1871, can be enforced without their being consulted, wherever the Board and the Superintendent think fit, is beyond dispute. Those who assert the contrary can surely never have read the Ordinance. The 27th clause empowers the Superintendent to declare by proclamation in tbe Provincial Government " Gazette " any district or districts in the province to be an educational district, and that it shall thereupon become an educational district under the Ordinance. We do not, however, lay much stress on this clause. The Superintendent must necessarily have the power of forming districts as may be requisite from time to time, in order to carry out the Act; and the clause may be held to be governed by the 32nd and 33rd, which prescribe the ordinary mode of procedure. But clause 39 is directly to the purpose. It expressly empowers the Superintendent, upon recommendation of the Board, to proclaim any part of the province an educational district, without waiting for the proceedings described in previous clauses. It runs as follows:—" If it shall appear to the Board that a school or schools is or are required in any portion of the province not comprised within the | limits of any educational district, it shall be lawful for the Superintendent, if he shall think fit, on the recommendation ot the Board, notwithstanding that no memorial shall have been presented as hereinbefore provided [that is, no memorial praying that a public meeting may be called] to proclaim such portion of the province an educational district, and to define the boundaries of such district in accordance with the provisions of section 8 of thiß Ordinance." The Board is directed thereupon to call a public meeting of persons qualified to vote to elect a School Committee, which if they neglect or refuse to do, tbe Superintendent is empowered to appoint a Commissioner to discharge the duties of Buch Committee.

If, therefore, the Board of Education think that schools are wanted in "Christchurch, there is no question that they may recommend the Superintendent to proclaim it an educational district, and that the Superintendent may so proclaim it, without calling for any expression of opinion on the part of the inhabitants. We admit that such a power is not one to be lightly exercised. Nor are we surprised that in the absence of any specific instructions, the Board have been slow to avail themselves of their ' powers under this clause. But they are now under what is tantamount to a positive injunction from the Provincial Council to do so. The Council, during its session in December last, passed a resolution affirming the desirableness of placing the means of elementary education within the reach of as many children as possible, and, for that purpose, of including in an educational district every locality in the province where there were twentyfive children between the ages of six and thirteen years. We presume the Council did not expect such a resolution to be inoperative. They must have had some motive for passing it, and must have-intended it to be followed by some practical result. Christchurch certainly was not meant to be an exception. Quite the reverse. It was one of the Christchurch members who moved the resolution, and the urgent need of making better provision for elementary education in Christchurch was the argument most insisted on by its supporters. It is important, too, to observe that this resolution was passed after the receipt of a report from the Board of Education, in which attention was called to the deplorable inadequacy of school accommodation in Christchurch ; the number of children within the city who never attended school at all, and the extreme improbability of tbe want being supplied by denominational schools. Altogether it is perfectly evident that the Council intended the Ordinance to be brought into operation in Christchurch. A memorial to the same effect from the citizens would strengthen tbe hands of the Board ; and, as such a thing has been started, we hope it will receive signatures enough to giye it weight, Sat

however that may be, the duty of the Board is clear. They are without further delay to recommend the Superintendent to proclaim Christchurch an educational district. That they will meet with opposition is a matter of course. But we believe they will have the majority on their side. And, after the statements in their own report, followed—as may "reasonably be supposed, in consequence of those statements —by the resolution of the Provincial Council, we cannot see that they have, morally, any option.