PORIRUA SCHOOL TRUST.

New Zealand Times, Volume LXXI, Issue 4309, 19 March 1901, Page 3

PORIRUA SCHOOL TRUST.

DISCUSSION IN COURT OF APPEAL. At tho sitting of the Court of Appeal yesterday argument was heard on. a preliminary motion in the case SolicitorGeneral v. Wallis and others, which has reference to the endowment popularly known as tho Porirua School Trust. Mr Myers, for the Solicitor-General, moved for the admission of further eviThe niotiou was opposed on behalf of the trustees by Air Quick, with whom Mr To!hurst appeared. Mr Myers said that on© of the spenal grounds on which it was submitted that the evidence in question was admissible was that it was necessary chat it should be admitted in order that the whole matter might bo before the Court. It was desired that evidence to be given by Messrs W. H. Field, M.H.R., and W. T. L. Travers, and others, including two or three natives, should bo admitted.

Mr Justice Edwards said the trustees’ latest scheme was to give scholarships, at a school in tho Wairarapa to scholars belonging to part of the West Coast of tho North Island. Mr Myers said the West Coast natives asserted that they were poor, and could not afford to send their children away from home, and that the consequence would be that Wairarapa natives would bo preferred in the distribution of the soholarshix>s. . ■ Air Justice Denniston: There is no fear of the other tribe eating the AVcst Coast children now, is there? Air Myers; That is not suggested, of course. Mr Justice Edwards: Why' should they not go to th© Wairarapa? They will bo fed and looked after there. Some discussion took place as to the terms of the grant which was at the foundation of tho trust. Mr Alyers said it had -been assumed that the trust was for the benefit of natives in the neighbourhood of Porirna.

Mr Justice Edwards said the grant mentioned the innabitants of the Pacific Islands. Air Justice Denniston said that would include Samoa and Fiji. Mr Justice Conolly; The grant speaks of “ the children of our subjects of all races.”

Air Justice Denniston: Your point, Air Alyers, is that tho intention to establish the school at Porirua had the effect of localising tho trust. Air Alyers : Yes. Air Justice Denniston asked whether that in itself would give the natives of Porirua th© right to have the benefit of the trust.

Air Myers said the natives in question had gravitated to Otaki. Air Justice Williams asked why the additional evidence was not brought forward at the last hearing. Air Justice Denniiston said there was a point as to the value of the land contained in the grant. Mr Alyers: I do not know that at that time that point was considered to be so important as it has since turned out to be.

Air Justice Edwards: It was the whole thing. Air Alyers : It was practically admitted that tho school could not be established at Porirua. Air Justice Edwards; Because there was not enough money. Air Alyers: And because the natives were no longer there.

Mr Justice Edwards said the SolicitorGeneral had no ground for saying that he did not know ini March last of the Wairarapa scheme. Mr Myers : The alternative ground of my application is that there was an inadvertent omission to place further evidence bejfore the Court. The natives are scattered. Everyone knows what they are like. Until the effect of a thing is really brought before them they do not stir. In the presefnt case it was only when the effect of the Wairarapa scheme was brought before them that they began to stir, and (brought the matter before the officers of the Crown. Mr Quick, in opposing the motion, said that this case had now existed for two years. Mr Justice Dennisto.n asked, when the Wairarapa scheme was brought forward, i Mr Quick said it came into concrete form, when the second‘scheme was adduced. The former Chief Justice refused to allow the proceeds of the trust land to be applied towards scholarships at Church of England schools throughout New Zealand, and held the matteir over for further consideration, so as to allow the trustees to show cause why something should not be done at Pcrima. Sir James Prendergast promised that if it could be demonstrated that the endowment was insufficient for that purpose he would consider the new scheme. The latest scheme was brought before the present Chief Justice and Mr Justice Edwards immediately after 'Sir Robert Stout was raised to the Bench. It was that the Maoris should have the benefit of scholarships at a school to be established in the Wairarapa. Mr Justice Edwards: You wanteid to take; all the money, and use it for the purposes of the Wairarapa school. That is what we would not consent to.

Mr Quick said the case was an old story. He was informed that Wi Parata was" behind the scenes in opposing the trustees.

Mr Justice Denniston : Are you not introducing new evidence yourself P Mr Quick: What I have said is to be found in a reported case. Mr Justice Williams, in delivering the judgment of the Court, said: Looking at the peculiar nature of the case, we are of opinion that the evidence should he admitted. It is mot in the least like the ordinary case of an action between party au'd party, whetre there are one or more distinct issues, and where one side or the other has omitted to call certain evidence hearing on the issues. In a case of that klnd_ very strong reasons are required to induce the Court to allow additional evidence to he adduced. But this is a public matter. It is the case of a public charity. The whole public are interested, and it would netver do for this Court to throw out any evidence which it could reasonably he suggested had any hearing on the subject, simply upon the ground that that evidence had been omitted to he adduced in.tbd Court below, under circumstances shown in the affidavits here. If, however, the eviddnce is admitted, it should be put in at once, and the case should ho disposed of at the present sitting of the Court. The application was accordingly granted on the condition that the'additional affidavits wdre filed before noon on Wednesday. It was intimated] that the trustees would have a reasonable opportunity to reply to them if they wished to do so. Leave was given to mention the matter at 2 p.m. on Wednesday. Thc( question of costs was reserved.