TIMARU HIGH SCHOOL BOARD.

South Canterbury Times, Issue 3303, 2 November 1883, Page 3

TIMARU HIGH SCHOOL BOARD.

The following is Messrs White and Smithson’s opinion on the proposed disqualification of Mr Clulee, a member of the High School Board :

[opinion.]

“ We have considered the question submilted by you to us as to whether, through your ceasing to bo a member of the Geraldine County Council, you cease also to be a member of theTimaru High School Board, and are of opinion that yon still retain your seat on tho High School Board, notwithstanding that your connection with the County Council has ceased. “The “Timaru High School Act Amendment Act, 1882 ” provides for the constitution of the High School Board. By Section 3 of that Act the “ Board ah all consist of nine persons, one of ■whom shall be appointed by the County Council of the County of Waimale, two by the County Council of the County of Geraldine, &c.” If this section stood by itself then any person might be appointed by the County Council. r “Section 4 provides for a qualification for a member of the Board at the time of his appointment: it enacts that “no person who is not a member of the County Council by whom he is appointed shall be appointed a member of (Insaid Board." 'J ho question then arises— Has this Section been satisfied ? We think it has, literally and completely, as at the time of your appointment you were a member of the Geraldine Couuty Council. . . “ Section 5 strengthens the position—it says that “ the members so appointed (by the County Council) shall hold office until the next annual election of Chairman of the County.” Nothing is said as to the liability to lose a seat on the Board on a severance of a Councillor’s connection with the County Council. “Section 9 provides for the disqualification of a member of tho Hoard on the happening of certain events. It is right to presume that if the circumstances existing in your case were intended to be a ground f.-r diequulifioatinn, they would be provided for by ibis section. “In the latter part of Section 9, power is given to the Board to supply vacancies occurring from any of the reasons given in the preceding portion of that section. Your case does not come within these reasons, therefore the Board could not exercise its power of appointment, and as the County Council cun only appoint its members at its annual meeting, if your seat is vacant, then as there is no machinery provided for supplying such vacancy, the Geraldine County Council must be represented by one member only, until the next annual election of Council Chairman.

“The Act has been very loosely drawn; it does not provide for the supply of a vacancy occurring in the Board through death —the reason then for filling such vacancy would probably bo “ that such member was absent without leave from the meetings of the Board for two months.” “As we have before stated, we are of opinion that you still legally occupy

your seat io the Hit’ll School Board, notwithstanding ih>* tact that you aro no long r a mem I ' t of ilmCoontv Council, White and Smithson. Timm n, 19th October, 1883. To G. F. Clulee, Ksq., Tiuiaru