A SCATHING ATTACK

Dominion, Volume 21, Issue 223, 21 June 1928, Page 10

A SCATHING ATTACK

EDUCATION BOARD AND THE DEPARTMENT TROUBLE OVER TRAINING COLLEGE APPOINTMENT “TRAVESTY OF BRITISH JUSTfe 8 The Chairman of the Wellington Education' Board (Mr. T. Forsyth, M.P.), engaged in a somewhat heated discussion yesterday with the Senior Inspector of the Wellington Education District (Mr. D. A. Strachan), on the matter of the board’s determination to appoint Mr. S. K. Lomas to the position of principal of the Wellington Training College. The attitude of the Department in seeking certain powers under an Order-in-Council to frustrate such appointment was deeply resented by members of the board who described the attempt as “a traversty of British justice.” The proposed regulations to which ■ exception is taken virtually take from the board the power of appointment to the training college staff and vest it in the Minister of Education.

The procedure set out in the proposed regulations is that after advertising for every vacant, position on tho staff of a training college or of a practising school, in the New Zealand Gazette, or elsewhere. as the Minister may direct, the hoard is required to submit to the Minister, in the order of its preference, the names of the three applicants it considers best qualified for the position, at the same time informing the Minister of the names of all the applicants for the position. In the event of the .Minister intimating that he docs not approve of any of the three applicants submitted, then the board, if so directed by the Minister, is to appoint the one whom, from among all the applicants. the Minister signifies his approval, or again invite api>lieations or the vacant position by advertisement. Delay by the board to fill the vacancy .or any period which the Minister in his absolute discretion shall consider unreasonable may result in the Minister giving notice to the board of his intention to appoint a person to the vacancy. “On receipt by it of such notice the duties and powers of the board in connection with the making of the appointment shall cease and determine, and flic Minister shall make the appointment, to the vacant position in such manner as he deems fit.” These proposed regulations are intended to cover recommendations for appointments to a position ou the staff of a training college made to, but not approved by, the Minister prior to the operation of the regulations, where such position, at the, date of coming into operation of the regulations, is still vacant. “Opposed to British Justice.” To a reques that the board treat the proposals as confidential, the chairman, asking whether they should be taken in committee, said that ■ in the ordinary course of events he would meet the wishes of the Department, but as the proposals to take such autocratic powers under cover of an Order-in-Council involve principles of vital interest, he considered that they should immediately receive publicattention and consideration. “The board s actions in regard to the principalship have been governed solely by the best interests of the Training College and the education service, and such a method of attack as the Department now proposes is opposed to the. accepted standards of British justice, and the board therefore could hardly agree to treat the proposals as confidential. This is probably the most unpleasant task I have ever been called upon to perform. "I feel I would be wanting in my duty as a man were I to let such , underhand methods of injuring a faithful and valuable servant of this board to go unchallenged.” It was agreed unanimously to discuss the matter in.open board. The Case Outlined. ‘ Outlining the facts of the case, the chairman' said when Mr. Gould was appointed to the Chair of Education, Mr. Lomas, the vice-principal of the Training College, was appointed acting principal. The vacancy for the position of principal of the college was advertised throughout New Zealand, and a very satisfactory number of applications from extremely well qualified men was received. Included among the applicants were (a) Mr. Lomas, vice-principal of the Wellington Training College, also acting principal since September 1, 1927 (although virtually in the position since June, 1926, when the principal, Mr. Gould, was appointed acting-I’rofessor of Education during the absence of Professor Tennant); (b) the vice-principal of one of the other training colleges; (c) a senior inspector of one of the other education districts; (cl) another inspector of schools who, however, withdrew his application before closing date; (e) several beadmasters of lengthy experience, including at least two who had since been appointed to the inspectorate, and one head of a normal Echool. The Board of Advice met, and after careful consideration of the qualifications of all the candidates, they chose Mr. Lomas as being the most fit and proper person for the position. Mr. G. T. London: Unanimously? Mr. Forsyth: With the exception of the senior inspector, who opposed the appointment. the members of the board were agreed that Mr. Lomas was the best man. His record was both the most brilliant and also most varied of all. The Education Board, confirmed the appointment, one member dissenting. Mr. Lomas's appointment was strongly recorajfiended by the first three principals of the Training College—Mr. W. Gray, M.A., B.Sc., Professor Tennant, M.A.. and Professor Gould. M.A., who in his report to the board stated: — Mr. Lomas's best testimonial of his fitness for the principalship is the manner in which he did his work during last year anil this. . . . I feel sure that, if appointed, Mr. Lomas would conduct the institution with credit, alike to himself and to the- board. Then, in ..ccordance with ('..<• regulations, the name of the successful applicant was sent to the Minister for his approval. Acting on the advice of departmental officers, the Minister, however, refused to confirm the appointment, and asked the board to advertise again, and offered to draw the attention of inspectors of schot’s to the vacancy. The board wrote to the Department asking for the reasons why Mr. Lomas should not be appointed. In reply, the Department stated that one of the reasons was that Mr. Lomas was a single man. “It was a knavish trick on the part of the Department.” said Mr. Forsyth, "because they had already named the man (hey wanted appointed—an officer of the Department." “Impossible to Appoint Mr. Lomas.” Continuing, the chairman said he interviewed the Minister, who contented himself by merely stating that it was impossible to appoint Mr. Lomas, and that the board should advertise again outside New Zealand. A deadlock arose. The board • fused to advertise again, and asked that Mr. Lomas be appointed. The plot had now developed. The Department had framed certain regulations which it hoped to put through by Order-in-Council. “I say here, and I speak advisedly,” declared the chairman, “that I consider this to be the worst piece of business k have ever been called upon to go through in my experience with this board. And I hope it will be the last. “The usual method in legislating is by Act of Parliament. The other method is by Order-in-Council. It is usual to legislate for the masses and not for the individual. I have never yet known a. case where legislation has been sought by Ordcr-in-Counci) or through the House in an effort to inflict, » grave wrong on an individual. But in this case that-is exactly what the Department seeks, with the consent of the Minister. Iletrospective legislation is an unheard of thing. It would not be

tolerated in commercial life. I suggested to the Minister that he would be well advised to withdraw the clause making Ibis legislation retrospective, but he refused to accept my advice. “The time has come for. us to act. I think we ought to express our opinions upon the action of the , Department in seeking to legislate against an individual and in asking Cabinet to do their dirty work.” Letter to Mr. Lomas. The chairman then read the following letter written by the Director of Education to Mr. Lomas in order "to show the extent to Inch the Educatic.. Department will go”:— "I have to inform you that arrangements are being made for Mr. F. G. A. Stuckey, senior inspector, of the Otago education district, to visit your college nt an early date in order to report to the Department on the instruction in science.” Mr. Lomas, said the chairman, had written to the board stating that it seemed to him that the Department in making arrangements for a senior inspector from 'an outside district to report to them direct without consulting the board was ignoring the fact that the board was the controlling author’*” of the Training College. “I consider it my duty to bring this matter into broad, daylight,” said Mr. Forsyth, “and to let the public know what is happening and what might be expected to happen if the Department ever got full control as the result of centralisation. One could only imagine what form of tyranny they would inflict." “Most Unpleasant.” Mr. C. H. Nicholls said he agreed with the chairman that, the matter was most unpleasant both for the board and Mr. Lomas. It . seemed to him that the way in which Mr. Lomas was being attacked was not what they, as British subjects, were used to in this country. (Hear, hear.) Proceeding, Mr. Nicholls said that the board had been dealt a hard knock. He believed that the attempt to abolish education boards was kite-flying by the Director of Education. A voice: Exactly. Mr. Nicholls: I don't say that: the Director of Education was behind that movement. The chairman: We will put it that he was not willingly behind it. Mr. Nicholls: Yes. Mr. G. T. London said it seemed to him that the attitude of the Department was almost bureaucratic. “If we tolerate the kind of thing that is before us to-day we will be beneath contempt,” he added. “It is such an evil thing.” “A Wrong by Order-in-Council.” Mr. P. Robertson said he was impressed by the way in which the board had stood behind its decision to appoint Mr. Lomas. They objected to legislating by Order-in-Council, but w-hen it came to a case of a Government seeking to do a wrong by Order-in-Council, then it was doubly iniquitous. (Hear, hear.) The qualifications of Mr. Lomas fully justified his appointment. He hoped the Department would see the folly of its way and drop the whole matter. Mr. Howe: If the Department cannot honour the appointments we make, we should either give up the position we hold or endeavour to bring about a radical change. OppositionDisagreeing with the previous speakers, Mr. J. J. Clark said he was opposed to the appointment of Mr. Lomas, and he had heard nothing that afternoon to cause him to change his opinion. Mr. London: Nothing would convince you. Mr. C. 11. Nicholls: Arc you a Britisher? Mr. Clark: I consider the position of this board to be untenable. Either we should have full control of the Training College or none at all. That has been my argument all along. If the board had listened to my opinion the position we are in to-day would never have occurred. It was bound to come under the circumstances. I am very glad that the position has arisen so that w> can settle it one way or the other. With regard to the appointment of Dlr. Lomas, I have nothing to say whatever. I am still of opinion that the wisest selection has not been made. The Chairman: Do you think there is a better man? Mr. Clark: Y'es. I could submit to you the names of two. other applicants who are better qualified than Mr. Lomas. Mr. Nicholls: It is idiculous that a member of this.board should make such a statement without giving his reasons. If Mr. Clark has a grievance let him place it before the board, and probably he will convince us. It is unfair to generalise on such an important matter. “Impossible and Intolerable.” Mr. D. McCallum said that the position was impossible and intolerable. He deprecated the attitude of the Department, ami said he was sorry they were associated with people who employed such tactics. “This,” he said,” “has been a long-drawn-out. effort to belittle education boards. The Government of the day is a reflection of the people, and I cannot conceive our people tolerating such a position.” A Resolution. The chairman then moved: ‘"That with regard to the proposed amendments to the Training College regulations, this board views with alarm the attempt by the L-Jducation Department and Minister of Education to legislate in such an important matter by Order-in-Council, and, in so doing, to legislate for the individual rather than for the mass, and desires to draw special attention to the fact that in proposing to make such regulations retrospective they are seriously damaging the reputation of an old and valued servant of the board.” Senior Inspector Protests. The senior inspector of schools for (he Wellington Education District (Mr. D. A.» Strachan) said that, as a representative of the Department, he woidd not be doing his duty if he did not protest against what bad been said in the mime of 'the Department. Mr. Clark: Hear, boar. "We have been told," said Mr; Strachan, “that this is a knavish trick on the part of the Department. . . ." The chairman: 1 stand by that phrase; it is worse than that. ■ Mr. Strachan (reading from his notes) : We have been told about their dirty work. ..." Tb° chairman: Yes. absolutely. Filthy Mr. Strachan: That is intemperate language. . Th" Department had the final say in this matter. ... '■ The chairman: Whom did they want to appoint? Mr. Strachan: The fact that the Department did not consider Mr. Lomas a

suitable person is not necessarily a reflection on him. The chairman: Mr. Strachan has given us the official mind. (Laughter.) I don’t blame him. He is in a most difficult position. He did not come uninstructed to the original meeting of the Board of Advice. Mr. Strachan : That is a mistake. I had no instructions. The Controlling Body. The chairman : Mr. Strachan made it very clear that he was instructed to take a certain course. I do not blame him for that. As an officer of the Department he has to carry out instructions. Mr. Nicholls: He is in a misty position. The chairman: Yes; and he will be in a nastier position when I ask him this question. (Laughter.) We are the controlling authority of the college. . , . Mr. Clark : In name only. Mr. Nicholls (heatedly) : Yes, and you're doing your best to minimise our control over it.

The chairman: Order, gentlemen. Mr. Strachan knows as well as I do that the board is the controlling authority of the Training College. The final power rests with the board.

Mr. Strachan: Not the final appointment.

The chairman : I say yes. Power to veto the appointment rests with the Department. It is a very nasty thing to hear your boss thus spoken of. We realise Mr. Strachan’s position, but every word is warranted, and I think we ought to take the gloves off. I make no apology for the language used this afternoon. It was fully merited.

The motion was carried, Mr. Clark dissenting. Mr. Clark: The language used this afternoon Ims been most intemperate.

It was agreed thqt a copy of the resolution he sent to each member of Cabinet, as well as members of Parliament.