EDUCATION ADMINISTRATION.

Taranaki Daily News, 5 June 1916, Page 2

EDUCATION ADMINISTRATION.

BOARD AND TEACHER. An interesting ami important case is being heard in Wanganui by an Appeal Board sitting under authority of the Education Act. The Board proposed to transfer Mr. Bowater, headmaster of the Gonville school, to Queen's Park school, and Mr. Payne to change places with him. Mr. Bowater objected, and there was a good deal of public agitation at Gonville against ihe transfer. The Board, however, after due consideration, decided to proceed with the transfer, and the Teachers' Institute- is supporting Mr. Bowater in an appeal.' The Court is constituted as follows: Mr. Kerr, S.M.; Mr. Hogben, late Secretary of Education; and Mr. A. L. Beattie, late Chief Engineer of the Government Railways, both the latter being retired Civil Servants; Mr. Pirani represents the Board, and Mr. Wells, of Auckland, represents the appellant. The principal witness on Wednesday was Mr. T, B. Strong, Chief Inspector, and lie gave evidence at great length in justification of the transfer being made in the interest of the children attending tile Gonville school. He held that while Mr. Bowater was a good class teacher he had not risen to his 'responsibilities as a headmaster of a large and growing school. Mr. Strong was in the witness box the' whole of one day. Prior to the case being heard a preliminary point of law was submitted to the Supreme Court. One section of the Act provides that a decision! to transfer may be, confirmed or the teacher reinstated.. According to another section, if the Court finds that the appellant has heen wrongfully transferred he shall be entitled to be reinstated "or to be appointed to another position to which i the same salary is attached." Mr. Justice Edwards held that the enactments were contradictory, and quoted the dictum of an English judge. "Common sense," said Lord Justice James, "must be applied to reconcile 1 the two enactments." It is a cardinal rule that [ in a case such as this, where there are ' two inconsistent enactments, "it must be ' seen if one cannot be read as a quali- ■ fication of the other." The Court held ' that the first referred to clause held ; Sjpod, and that if the appellant Bowater 1 establishes his caso he is entitled as of : right to the only appropriate remedy for 1 the wrong if there is a wrong. The 1 Teachers' Court of Appeal must either confirm the transfer Or order appellant ' to be reinstated at Gonville;