EDUCATION QUESTION

New Zealand Times, Volume XXXIII, Issue 7850, 12 July 1911, Page 7

EDUCATION QUESTION

INFANTS NOT ADMITTED I'O DISTRICT HIGH SCHOOL. In AVauganui there is a District High School, and the Education Board, which controls tho school, have for some time enforced a rule that no children who have not passed standard I. shall 1» admitted to it. Tho effect of this regulation is to reduce the “grade” of the school, and incidentally tho salary of the headmaster. Ho therefor© stated his case against tho hoard to the he "a Zealand Educational Institute, questioning tho legality of tho board’s rule. Iho institute determined to test the matter in tho Supremo Court, and an originating summons was issued for the purpose of obtaining a declaratory judgment. Tho questions submitted wore i’-

ll) "Has an Education Board power to exclude child ran provided they are of soliool age tram attending and receiving instruction at a district high, school, or a mixed &cliool undey its control.

(2) "Has an Education Board power by resolution or ge-noral instruction 01 otherwise to prevent tho headmaster ol a district high school or of a mixed school under its control from receiving for instruction at such school any children of school age?

(3) "Has an Education Board power by resolution or general; instruction or otherwise to require or insist that no children below Standard 11. shall attend or be received as pupils at a district high school or a mixed school under the control of such board?” Tho case came before Mr Justice Chapman, who answered all the questions in tho affirmative. From this decision the Now Zealand Educational Institute appealed, and tho case was argued again before the Court of Appeal yesterday. Mr H. D. Bell, K.C., with Mr G. H. Fell, appeared for the appellants, and Mr C. C. Hutton for the Wanganui Education Board. Mr J. W. Salmond, SoUcitor-Creneral, appeared to support the appeal in the interests of the Education Department. Judgment was reserved.