RELIGIOUS INSTRUCTION IN SCHOOLS.

Rangitikei Advocate and Manawatu Argus, Volume XXXIII, Issue 9119, 11 April 1908, Page 2

RELIGIOUS INSTRUCTION IN SCHOOLS.

THE WANGANUI CASE,

COMMENCED BEFOER THE APPEAL COURT. Press Association. Wellington, April 10. This afternoon Court Appeal Judges Williams, Denniston, Edwards, and Chapman commenced the hearing of the case Bruce and others versus the Wanganui Education Board and another. This was an appeal from the decision of Judge Cooper, delivered in Wanganui on 34th February.. The appellants were the School Committee for the Wanganui school district, and the respondents were the Wanganui Education Board and Henry Marriott Payne, head teacher of the Queen’s Park School, a public school within the district. The school hours fixed by the respondent Board were five hours a day for five days of the week. The appellants on 11th November last passed a resolution that the school hours in the district should be five hours on four days of the'week, and four and a half 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 schools for this purpose was granted to the Ministers’ Association for half an hour taken out of school hours. 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. The plaintiffs then commenced an action in the Supreme Court at Wanganui, claiming an injunction to restrain the respondent Board from overruling its decision, and a writ of mandamus to compel the respondent Payne to carry out their instructions. Judge Cooper, yho heard the action, held that by section 121 of the Eduaction Act, 1904, the Committee were subject to the control of the Board, and dismissed the action with £lO 10s costs. The Committee then brought this appeal. Mr Myers appeared for the appellants, and Mr Skerrett, K. 0., and Mr Hutton for the respondents. Mr Myers, on behalf of the appellants, contended that the committee had power to fix school hours, and the Education Board had no controlling power in this matter.

The case had not "concl&ded when the Court adjourned until Monday.