EDUCATION LAWSUIT.

Colonist, Volume LIII, Issue 1316, 12 July 1911, Page 4

EDUCATION LAWSUIT.

ADMISSION TO HIGH SCHOOLS

[United Press Association.]

Wellington, July 11. At tho Appeal Court this morning the hearing of the appeal of the New Z- aland Education Institute against tli? decision of Mr. Justice Chapman that an Education Board has power to require that no children below Standard II shall be allowed to attend a district High School within the district. Tho casp had been adjourned from last sittings to allow of the SolicitorOleneral being served as defendant as representing the Crown and the Education Department. He now appears for tho Crown. Mr. ]-J. D. Bell and Mr. Foil appear for the Institute, and Mr. Hunter for the Wangaiuii Education Board. Mr. Bell said that only in the case of .separate boys' and reparate girls' schools could pupils below Standard II be excluded, and separate infants' schools established. This could not be dono with mixed schools. A provision <;f the Act made district high schools public mixed schools, and consequently the Board could not exclude pupils under Standard 11, j The Solicitor-General adopted Mr. Boll's argument, and stated that although the Board had prior to 1910 been able to establish any schools they liked, under the present Act the Board could only establish (1) mixed schools ; (2) separate boys; (3) separate girls ; and (4) separate infants' schools, but the last named only where there are separate boys' and girls' schools. Mr. Hutton, for the Wanganui Education Board, contended that the Board's power could not be curtailed by tho definition of mixed schools in the schedule, and lliat such definition was not exhaustive nor compulsory. He submitted that the Board bad wide discretion. The Court reserved its judgment.