FIXING OF SCHOOL HOURS.

New Zealand Herald, Volume XLV, Issue 13722, 11 April 1908, Page 8

FIXING OF SCHOOL HOURS.

BOARD AND SCHOOL COMMITTEE

The case of Bruce and others versus the Wanganui Education Board and another was then taken. This was an appeal from the decision of Mr. Justice Cooper, delivered in Wanganui .on February 24. Appellants were the School Committee for the Wanganui school district, and respondents were the Wanganui Education Board and Henry Marriott Payne, head teacher of Queen's Park school, the public school within the district. The school hours fixed by respondent Board were live hours a day for five days of the week. Appellants on November 11 last passed a resolution that the school hours in the district should be five hours on four days of the week, and 4£ hours on the fifth day. They instructed the respondent Payne to carry out this, resolution, and notified the respondent Board of their action. Their object in passing the resolution was'to allow half-an-hour a. week in all the Wanganui schools for religious instruction, and the use of the schools for this purpose was granted to the Ministers' Association for half-an-hour taken out of school hours. The respondent Payne forwarded the resolution to. the Education Board, who instructed him not to obey it, and'they notified the appellants that they would not allow the alteration of school hours. Plaintiffs then commenced an action in the Supreme Court at Wanganui claiming an injunction to restrain the respondent Board from over-ruling its decision, and a writ of mandamus to compel the respondent Payne to carry out their instructions. Mr. Justice Cooper, who heard the action, held that by section 124 of the Education Act, 1904, the committee were subject to the control of the Board, and dismissed the action with £10 10s costs. The committee then brought this appeal. Mr. Myers appeared for appellants, and Mr. Skerrett, K.C., and Mr. Hntton, for the respondents. Mr. Myers, on behalf of the appellants, contended that the committee had the power to (ix school hours, and the Education Board had 'no controlling power in this matter. V The case .was not concluded when the Court adjourned until Monday.