PORIRUA SCHOOL RESERVE.

New Zealand Mail, 21 July 1898, Page 27

PORIRUA SCHOOL RESERVE.

SCHEME OF EDUCATION. PROPOSED BY CHURCH OF ENGLAND. A motion entitled " la the matter of the petition of Frederic Wallis, Bishop of Wellington; Thomas Fancourt, Archdeacon of Wellington; Edward William Lowe, John Elisha Smith, William Henry Quick aud George Edmeades Tolhurst, and of a Crown grant to George Augustus, Bishop of New Zealand, of a piece of land situate at the entrance to Porirua Harbour," came before Mr Justice Edwards in the Supreme Court yesterday week. Mr Quick appeared for tho petitioners, and Sir Robert Stout, with him Mr Gully, for the Attorney-General. This was a motion to obtain the approval of the Court to » scheme providing that the trustees of the Porirua School Reserve shall be empowered to expend the net rent and profits arising from the land, and the net income of -the fund representing accumulated rentals and interests, now amounting to about .£6480, in the provision of exhibitions enabling children —preferably Maori children —to receive higher education free of cost at such schools of or belonging to the Church of England, and situate in any part of New Zealand, as the trustees shall select.

Among the affidavits in the matter is one by Mr Gully, in which it is stated that it is the intention of the Government to introduce legislation dealing with all the Maori school reserves, including that at Porirua.

Sir Robert Stout asked that' the matter be allowed to stand over in the meantime. The Charitable Trusts Extension Act of 1886 had not been complied with by the petitioners. Nothing had been done in compliance with the statute further than that a copy of the scheme was forwarded to the Attorney-General. He understood that the Attorney-General replied that the Government wished further time for its consideration.

Mr Quick, after quoting from Mr Gully's affidavit, said this was a bare-faced attempt on the part of the Ministry to introduce politics before a Court of justice. His Honor was a servant of the Crown and his position was to hear the petition that was now laid before him. Whether a Bill would be brought in and whether if it were brought in it would be carried was a grave question. But it was a graver question whether the Government should bring before the Court its intention to introduce legislation to interfere with the ordinary jurisdiction of the Court. His Honor: All they do is to point out certain matters which they say make it reasonable that the petition should be adjourned. Mr Quick : Those matters, are political matters. They seek to bring one trust in conjunction with all the trusts from the Three Kings to the Bluff. It would be beneath the dignity of this Court to take into consideration any such suggestion.

His Honor : What is the hurry ? You have waited nearly half a century. Mr Quick : We have waited long enough. We want the trust administered in such a way as will carry out the meaning of the Crown grant as nearly as possible. Ido not think the question, " What is the hurry ?" is very often asked when people come before a Court to ask for justice. Sir Eobert Stout: No one 13 touching your reserve. His Honor: The Courts constantly adjourn matters, [whether the parties like it or not. Mr Quick : In order that further details may be furnished. His Honor, after some further discussion, said he confessed that, looking at the matter as one of common-sense, he should have thought it would bp reasonable that there should lie an adjournment; and that it would bo quite useless to go into the petition and incur, perhaps, .£2OO or .£3OO costs, with the knowledge that an Act was to be brought before Parliament, to deal with all the reserves. However, he did not want to do anything that would be, as Mr Quick suggested, of a shocking nature. He would adjourn the matter till Friday week, the 22nd inst., and in the meantime ho would take an opportunity of consulting the Chief Justice on the subject of Sir Eobert Stout's application.