THE PUBLIC LIBRARY.

Press, Volume XLVIII, Issue 14522, 26 November 1912, Page 6

THE PUBLIC LIBRARY.

Yesterday Mr Justice Denniston dolivcr/J his judgment in what is known as tho Public Library case, and we may take it that tho legal position regarding this institution has been authoritatively, as it undoubtedly has been lucidly, stated- It wi'l be remembered that in the course of negotiations between the Canterbury College and the Christchurch City Council with tho view to the Public Library boing transferred to tho Council, and being maintained by the latter as a free public library, a difficulty arose because tho Council demanded that a portion of the Colcge reserves, used at present for the maintenance of tho Library, or of the income from those reserves, should bo transferred to the Council, together with the Library, in the event of tho latter being taken otrr. The Board ot Governors took up tho position that the Public Library, as it existed to-day, was not the Library contemplated in tho "Canterbury Museum and Library Ordinance, 1570." and "Amendment Ordinance, 1873." They contended that tho Library contemplated when tho ordinance was framed was not a popular circulating and reference library, but a library to be used as an adjunct to, and primarily for the benefit of, tho Museum and School of Technical Science. Finally, the Board of Governors decided to ask tho Court for a declaratory judgment as to whether it is or is not under an obligation to allocate any portion of the income arising from the said reserves to the maintenance of the Publio Library as it now exists. Needless to say, tho suit in which the Christchurch Municipality and til© Solicitor-General woro joined, was a purely friendly suit, for the purpose ot clearing up the position. Mr Justice /Denniston, Ln tho course of his judgment, expressed some doubt as to whether, in tiro absence of any power in cither of the parties to carry out such transfer, thero being no litigation, or prospective litigation, the question is a proper one to be submitted under the "Declaratory Judgments Act." We aro very glad that his Honour decided to deal with tho question, because it is undoubtedly to the interests of the public that the legal position should bo bo authoritatively and o'oarly defined, as it is in his Honour's judgment. Both parties know now* whore they are, and the way is perfoctly open for a (Resumption of negotiations on an equitable basis.

Wo need not go into tho history of tho Public Library, which is fully set out in tho courso of tho judgment. It will bo seen that his Honour has no hesitation in holding, for reasons which ho gives, that it is impossible successfully to oontendi that the existing Publio Library is not tho Public Library intended and provided for by the ordinance of 1870, and subsequent legislation on tho subject. It follows that tho Board of Governors of tho Canterbury College havo been, and are justified in applying the income from tho reserves of January 15th, 1572, toward its support and maintenance. Incidentally, hi. Honour points out that had the argument addressed to tho Court on behalf of the Canterbury Collego been upheld, it would, have implied that payments out of the incomo of tho reserves in support of tho existing institution wero, in fact, a breach of trust on the part of the Board of Governors. As to tho main question submitted, namely, whether the College is under an obligation to allocate any portion of tho incomo from the reserves to tlio maintenance of the existing Library, his Honour holds that the allocation of tho incomo arising from tho reserves among the thrpe institutions, including tho Publio Library, for whose benefit such reserves wero made, is in the discretion of the Hoard of Governors, although ho is careful to point out that such discretion must be exercised in good faith, and not for any purpose ulterior to that of the reasonable administration of tho Trust.

We take it that tho position, as it now stands, is that beforo the Library can bo transferred from the Canterbury Collego Governors to the City Council, an Empowering Act must bo obtained from Parliament. Tho Canterbury College Board has been rightly and properly devoting part of the income from tho reserves to the maintenance of tho Library, but it is entirely within its discretion as to what proportion of the income shall bo so allocated. Tlio question as to whether a certain proportion of the reserves or of the income therefrom shall"bo transferred to the City Council with the Public Library, and if so, what tho amount shall be, is now simply a matter for negotiation between tho parties, subject to ratification by Parliament. It, is a" question which ought not,- to prove very difficult of settlement- Everyone is agreed that in the matter of * libraries, Christchurch fcils far short of tho standard which ought to bo maintained by a university town of its size and importance. The circulating department of the Library certainly makes amplo provision for its subscribers in tho matter of fiction and somo of the lighter works of general literature. Tho Reference Library is badly looked after, and hopelessly out of date. Tho Canterbury College is practically without a library, although it is recognised that a well-equipped library is an essential part of tho teaching equipment of any university College. We should like to see a conference of delegates from the City Council, the Board of Governors, and tho Philosophical Institute, with the addition of ono or two other representative citizens, with the view of evolving somo general plan of placing this important question on a* moro satisfactory basis.

CROWNING "KING" RATA

It would havo been wiser * had tho Waikato Natives taken the advice tendered them the other day by Sir James Carroll and refrained from crowning young Rata "King" of Maoridom. Rata is regarded by thoso who know him as an estimable young man, and ono who, it is hoped, will fulfil well tho trust placed in him by tljoso Natives who made his father, and now himself, trustee for £100.000 worth of their lands. The ceremony, as a ceremony, must have been rather impressive. Tho Maoris have always been fond of ceremonial nnd they take their ceremonies, indigenous or exotic, seriously, but when the Rev. Poporo asks his hearers to "Fear God ar.d Honour tho King" ho might be pertinently reminded that within the Bntisfi Dominions only ono King can be honoured, and that is not Rata. A participant in the ceremony was Tupu Taingakawa, son of -Wiremu Tamihana Taingakawa, and in reminding Rata of tho wiso saws of his greatgrandfather, tho first King, Potatau to Whero Whero, a mighty warrior in his day, this speaker might also havo reminded him that even ho accepted the "Kingship" with much reluctance and at first wished to bo only called "Matua," or father of his people. To Whero Whero was a man of brains as weli as of might, and it is very questionable whether were ho alive now ho would consider it wise to lceop up what has become a mockery. When in 1557 Wiromu Tamihana issued his appeal to tho Waikato peoples to set up a King, it was with tho idea of counteracting tlio growing "mana" of the Whito Queen Victoria in tho land, but that possibility could not present itself to even tho most irreconcilable I Kingito to-day. Even Tawhiao's dream of counteracting tho land legislation by an appeal to tho monarch at Windsor has faded away. Rata will, no doubt, remain Tino-rangatira, chief of chiefs, so long as his wisdom guides him woll, and so far as tho Waikato tribes aro concerned, but, his duties will bo in tho nature of business manager, hygienic director, and personal adviser, and for those a less misleading title would have been preferable. Thero is much foolishness in the ceremony qui* message picturesquely describes, but it is rathor pathetic foolishness when somo aspects of it are considered, and to-day it is quite innocuous.