DUNEDIN EDUCATION MEETING.

Otago Witness, Issue 237, 14 June 1856, Page 2

DUNEDIN EDUCATION MEETING.

A Meeting of the Rate-payers under the Education Ordinance was held in the School-house, Dunedin, on the 9th instant. *" Mr. J. H. Haiuus having been called to the chair, read the advertisement calling the meeting, and proceeded to explain the object of the meeting. He referred to the proceeding of a former meeting which had been adjourned until certain pledges not to exercise the powers given to the Central Board by the 14th Section of the Education Ordinance had been published. The chairman remarked that the statement made in the published pledge — that the proceedings of the former meeting were illegal — appeared to him incorrect. If that meeting had demanded that which was illegal, the Executive, in complying with that demand, had acted -wrongly. He considered that the compliance of the Executive with the resolutions of the former meeting was an admission of the legality of those resolutions. It was, however, not for him, as chairman, to enter into that question. The Executive had refused to give the pledge required of them at the first meeting ; they had now given that pledge, and it was for the meeting to consider what steps should be taken. " 1. That this meeting vindicates the proceedings of the meeting of the 18th u!t., and declares its opinion that the same were perfectly competent and legal according to clauses 13 and 14 of the Education Ordinance, notwithstanding the adverse view of the Provincial Solicitor as published in the Resolution preceding the public notice calling this meeting: and although the assurance given by the Board is not so satisfactory as could be wished, yet this meeting, being desirous of seeing some means of Education established within the district, accepts of the same, and will proceed with the election; without, however, holding itself committed thereby to any approval of the Education Ordinance." Mr. D. Scott in moving the first resolution, said — Previous to the business for which the meeting was specially called, he begged to draw the attention of the rate-payers to the terms of the second resolution of the Board of Education, which they had just heard read from the chair, which characterised the proceedings of the former meeting held last month as incompetent and illegal. He conbidered the rate-payers, in justice to themselves, w eie bound to vindicate their proceedings on that un-Htion from such an imputation by some expie&aion of their opinion at the present meeting. In mo\ing a resolution on this subject, he had no wish to delay or in. any way interfere with the business of the meeting that evening ; he only called upon his fellow ratepayers to support the Resolution as an expression of their opinions in vindication of the regularity of their previous proceedings. For himself, He could not see in what respect the former meeting was in any way incompetent to adopt what measures it thought proper on that occasion, nor in what the illegality of those proceedings consisted. If the Board of Education acted illegally in calling the former meeting, in virtue of their appointment as ex officio members of that Board by the Educational Ordinance, then the illegality rested with them, and the present meeting was also illegal, and all proceedings thereat necessarily null and void, for which the rate-payers were not responsible ; but the Board, after due consideration, having called a second meeting in terms of the Ordinance, was

the best proof of the legality of the previous meeting : and hence it follows, in accordance with, the 13th and 14th clauses of the Educational Ordinance, any meeting of rate-payers was perfectly competent to aoopt what measures they might see fit (if any) for the purposes of establishing the means of education within the district ; and however desirable that object might be, he had no doubt a large majority of them would have preferred its delay for some time without the assurance now given by the Board in reference to Ihe objectionable nominee clause in the Educational Ordinance, until they could have had an opportunity of petitioning for its repeal or alteration, and they (the rate-payers) were equally competent on the present occasion to adopt or reject any measures they may think proper on this question. But since the Board had publicly given the required assurance, he felt assured the rate-payers that evening would not come to any decision that would further delay the election of a District Committee ; for although the assurance of the Board was far from being so satisfactory as could have been wished, he trusted they would accept of it, and proceed to the election. He thought the Board might with good grace have gone further in their assurance, and pledged themselves not only as members of the Board, but also as members of the Executive, to use their best exertions for the repeal of the obnoxious nominee element in the, Ordinance; but he was assured that the rate-payers would feel the subject of Education to be a matter of such deep importance that they would lend their aid to have it in some shape within the district^ however unsatisfactory the prospects of its successful working ; but in doing so they would not be understood to be in any way pledging themselves to the approval of the Educational Ordinance, which in many other respects was objectionable. He would conclude his remarks by calling on the rate-payers present that evening to vindicate their previous proceedings by supporting the resolution he had just read, or parties at a distance not perfectly acquainted with all the circumstances might infer that they had met for the purpose of creating a senseless and factious opposition to so important a measure as education. Mr. Reynolds rose to explain an inaccuracy in the statement made by the Chairman in his remarks. He had said the Executive had given the pledge which at the former meeting they had refused to give. The Executive had given no pledge ; the published pledge was a pledge given by the Board, and not by the Executive. Mr. Langlands briefly seconded the resolution proposed by Mr. Scott. Mr. J. M'Glasiian was anxious to avoid saying one word which might have the effect of disturbing the harmony of the meeting. As, however, he had been so pointedly alluded to, he could not avoid saying, with all due respect to the opinion of the meeting, that he w,is convinced he was right in the opinion he had given. He quoted from the Education Ordinance to shew that the former meeting was precluded from discussing the merits of the Ordinance, and stated that the proper course would have bepn for those who objected to the Ordinance to have called a public meeting for the purpose of discussing the measure, previous to the meeting called for the election of the committee. Mr Cutten supported the motion. If the meeting had a right to enter into the question — was the establishment of a school under the Education Ordinance necessary ? they must have had a right to enquire whether the school was likely to be effective, if from the defects in the Ordinance the schools would not afford satisfactory means of education; then the establishing of a school in Dunedin under the Ordinance was not necessary, and the former meeting was perfectly right in the conclusion it had come to. Mr. Mollison proposed and Mr. Robertson seconded the following resolution, which was carried nem. con. : — " 2. Previons to the election of the Committee, this meeting requires of all members that they shall take what steps may be in their power to obtain a repeal of the nominee part of clause li of the Education Ordinance ; rind that none of them, under any circumstances, shall act upon that part of the said clause." Mr. Ar>A?.i proposed that Mr. Charles Smith be elected a member of the committee, but withdrew his motion to allow Mr. Cutten to propose the following resolution: — " 3. It is the opinion of this meeting that if the School department of the Otago Scheme be not carried out in conformity with the Deed of Constitution for Churches and Schools, that then a portion of the public property vested in Trustees for Religious and Educational Uses in this settlement will equitably belong, and should be transferred, to the Board of Public Education : and this meeting requires the Committee elected in conformity herewith to see to the apportionment of the said property, more particularly through the representative members the Committee may elect to the General Board." Mr. Cutten, in proposing the resolution, said he disclaimed any intention of interfering with the Church. They were all desirous of establishing a means of education. It had been one of the main attractions of the Otago Scheme that it professed to provide the means of education from the outset. Excepting the feeble effort made in Dunedin, nothing had been done on that important subject. Whilst of course the larger portion of the land had been purchased in the country districts, and the greater amount of funds had been contributed by the country settlers, they received no benefit whatever from their contributions. If therefore it were the intention of the Church Trustees to discontinue any further attempts to provide education, the funds which were contributed for educational purposes might be advantageously handed over to the various district committees, and thus partly relieve the public from the burden imposed by the Education Ordinance. Mr. Langlands seconded the resolution. Mr. J. M'Glashan objected to the resolution. He contended that it was not fair to propose such a resolution at that meeting, as many persons who ■were absent might have been present had they known such a question would arise. He further objected to the resolution, as asking the Church

Trustees to do that which they could not do, and as pledging the meeting to a legal opinion on a subject which, from the absence of the Trust Deeds, no person present was in. a position to decide. He objected to a promiscuous assembly, such as that was, instructing the committee on a legal question. He therefore moved, as an amendment — That the meeting proceed to the election of a committee. Mr. Gillies, although he disagreed with the Provincial Solicitor on the question of the legality of the proceedings of the former meeting, considered he was correct in his present views. He (Mr. Gillies) thought the matter should be referred to a special committee of enquiry. Mr. Cutten, in reply, said it was no easy task to have to fight two lawyers upon such a subject. In his opinion there was no legal opinion expressed by the resolution. The difficulty arose from the use of the term " equity" in two different senses. The meeting meant by " equity'' — morality, jus tice, right. They did not mean that peculiar sort of law which went by the name of " equity,' 1 but which was very often far from what the world thought right. The resolution did not require the Church Trustees to give up the property held for educational uses : they might apply it if they pleased, but if they did not apply it, then they should hand it over to the Education Board. He (Mr. Cutten) thought if the Church trustees would apply the funds, one of the great difficulties of the Education question could be got over, as there would then be no need of enforcing religious teaching in the National Schools, for the religious element would be looked to by the Church trustees. Mr. M'Glasiian's amendment having been put, was lost, and the original resolution carried by a large majority. The meeting then proceeded to propose candididates for election as members of committee. The following gentlemen were proposed ; and after a long discussion as to the best method of taking the votes, which was ultimately decided by the chairman undertaking to mark down the votes of each rate-payer. The voting occupied about an hour, and the chairman declared the votes to be as under : — Charles Smith, 81 Alexander Chalmers, 58 John H) de Harris, 86 William Henry Cutten, 81 William Langlands, G7 William Carr Young, 73 Alexander Rennie, 51 William Mills, IS Andrew Russell, 39 William Purdie, 25 Robert Hood, 22 James Macandrew, 19 Robert Chapman, 7 James Pnterson, 9 John Hill I 4 From the above list the chairman declared the following gentlemen to be duly elected members of the Education committee for the Dunedin district: John Hyde Harris. Charles Smith. William Henry Cutten. William Carr Young. William Langlands. Alexander Chalmeis. Alexauder Rennie. The thanks of the meeting having been voted to the chair, the meeting separated.