CANTERBURY COLLEGE.

Globe, Volume IV, Issue 417, 13 October 1875, Page 3

CANTERBURY COLLEGE.

A meeting of the Governors of the Canterbury College was held yesterday, at 10 a.m., at the Public Library. Present—Mr H. B. Gresson (in the chair), the Primate, Revs Eraser, Buller, Willock, and W. J. Habens, Messrs Hamilton, Tosswill, Mellish, Acland, Enys, Turnbull, Tancred. The minutes of last meeting were read and confirmed. The chairman announced that a letter had been received from his Honor, Mr Justice Johnston, resigning his office as Governor of the College. The secretary then read the following correspondence from his Honor on the subject : " I was quite unprepared, except by a report in the public prints of the proceedings at the last meeting of the Governors of Canterbury College, to receive the intimation conveyed to me by the chairman in his letter of September, that I had had the honor conferred upon me of being elected a governor. If I had had an opportunity of conferring with any of the governors on the subject before the meeting, I should have liked to bring before them certain circumstances and considerations which might have induced them to refrain from proposing me as a candidate for the office. " I am desirous that it should be understood that I very sincerely appreciate the compliment and honor which were conferred on me (no doubt on account of my judicial position), and that I would esteem it a great privilege to be enabled to co-operate with such a body of gentlemen as the Governors of Canterbury College, for an object so worthy as the promotion of liberal education among the community, were I not«spprehensive that serious inconveniences might result from my undertaking the duties of the office.

" Inasmuch as each of the Governors is a member of a corporate body in whom property is vested, and which has specific trusts to perform, and the rights and liabilities of the corporation, and the mode in which they perform their dudes and discharge their trusts, may be the subject of reference to the Supreme Court, and as a judge who is a member of the Board of Governors would be disqualified from acting judicially, either for the vindication of the rights of the corporation, or for enforcing the claims of others against them, the result of my filling the office of Governor while the Canterbury judicial district is assigned to me would be to create aj great additional experse to the corporation and parties at issue with them by the necessary substitution of proceedings in another judicial district. "It may be thought that litigation is improbable, but it can hardly be said that the position and powers of the Governors, and their interest in particular property are so clear as not to be likely to require judicial interpretation. " It occurred to me at first that it would be time enough for me to resign the office of Governor when litigation became imminent or probable, but on reflection it seems to me that, inasmuch as each individual member of the Corporation might render himself liable in respect of resolutions made and acts done in pursuance thereof under the supposed sanction of the Provincial Acts, a judge who had taken part in any such proceedings would be disqualified, although he had ceased to be a Governor when legal action was commenced.

" I may state that when I was asked not long since to accept the honorable office of a member of the Council of the University of Zealand, I declined on the ground that by doiog so I should disqualify myself to act judicially in matters relating to the University, and that if all the Judges of the Supreme Court were appointed (as I believe was proposed) the doors of the Supreme Court and of the Court of Appeal would have been shut against the University. One, if not two, of my learned brethren on the Bench, who had not previously accepted the office, concurred with me and acted accordingly. "The only doubt which has been raised in my mind about the propriety of resigning the office, is based on the fact that the distinguished gentleman who presided over the Supreme Court in this district before me, had accepted the office while he was judge, and was also a trustee of the Museum under another Provincial Act. I have such an unfeigned respect for that learned gentleman's judgment and discretion, that I should be disposed to distrust my own opinion if at variance with his. But it may be that the matter never presented itself to him in the same light as it has to me. "There are (other considerations affecting the expediency of a Judge acting as a manager of property and a trustee in connection with local institutions, which I need not advert to at present. " I have not thought it right to allow the first meeting of the Governors to pass by without taking some step in the matter, but I shall give it further consideration ; and if, on the whole, I feel constrained to retire, I trust that this memorandum will help to

1 satisfy the Governors that it is from no lack of appreciation of the honor of being their colleague in such an honorable office, from no apathy towards the cause of education, and from no desire to save myself from trouble or responsibility, that I ask them to accept my resignation." " Judge's Chambers, " Christchurch, 6th October, 1875. " Sir—Raving received an intimation that a meeting of the Governors of the Canterbury College will be held on Tuesday, the 12th instant, I vjuld request you to be good enough to call tee attention of the Governors to a memorandum forwarded by me to the late chairman, which I understand he has left in your charge, and to which allusion was made at their last meeting. And I would further request you to inform the Governors that I have more fully considered the subject of the memorandum, and that I am now more satisfied than before that, for the reasons I have already stated and others, it will be better for the interests of the College, as well as more convenient for the discharge of my ordinary judicial duties, that I should not continue to be a member of the Corporation.

" But in tendering my resignation, I desire to express my sincere hope that in some other way than that of discharging the duties of a Governor, I may be able to promote the interests of the College, and to Bho'w my high appreciation of the honour conferred upon me by my election. " I am, sir, yours faithfully, " Alexander J. Johnston. " F. de C. Malet, Esq, Secretary of Board of Governors, Canterbury College."

The next business was the election of a chairman.

Dr Turnbull rose to propose Mr William Montgomery as chairman of the Board of Governors. [Applause."] He felt sure that all would agree with him in saying that Mr Montgomery would discharge the duties of the office with credit to himself and honor to the College, and he felt sure that they could not do better than elect that gentleman. Rev W. J. Habens said that he seconded the resolution with much pleasure. The existence of the College as such was mainly due to the foresight of Mr Montgomery—[applause | —and therefore there was great appropriateness in asking that gentleman to take the position of chairman. Added to this, the members of the Board of Governors all knew the great interest that Mr Montgomery had taken in educational matters,and the good work done by him in connection with the Board of Education, which gave him a double claim to the consideration of the Board of Governors in electing a gentleman to preside over their meetings. He had very great pleasure in seconding the resolution. [Cheers.] The resolution for the appointment of Mr W.Montgomery as chairman was then put and carried amid applause. The Rev W. J. Habens moved "That the Board hereby offers to the retiring chairman, H. B. Gresson, Esq, its best thanks for the valuable services which he has rendered during his term of office, and expresses sincere regret at the necessity which has arisen for his resignation." The Rev J. Buller secoaded the motion, which was carried.

The chairman expressed his thanks for the kindly way in which the Board had spoken of his efforts to discharge the duties devolving upon him, and his regret that circumstances had compelled him to resign, In reply to the Rev W. J. Habens, The secretary stated that the cost of covering the area of the foundation of the public library with concrete to the thickness of three inches, at a cost of £3B, and the cost of doing so to the museum would be £IOO. In the latter case there were no funds available.

The Rev C. Eraser moved—" That the work of covering the foundation of the Public Library with concrete, three inches thick, at a cost not exceeding £3B, be carried out."

The motion was agreed to. Respecting the flooring of the Museum, The Rev C. Praser moved—" That the Board await the report of the committee before concreting the floor of the Museum." Dr Turnbull seconded the motion, which was agreed to.

Rev W. J. Habens said as there was a vacancy caused by the retirement of his Honor Mr Justice Johnston, he desired to nominate a gentleman to fill the seat. He alluded to Mr J. Colborne-Veel. That gentleman was an M.A., and speaking as one who had for years worked with him as a colleague in educational matters, he (Mr Habens) felt sure that Mr Veel would prove a very able and efficient colleague on the Board, and one who would look on educational matters from an intellectual standpoint. He had much pleasure in nominating Mr Veel for the vacant seat to be elected at next meeting. The Board then proceeded to consider the plans of the college and laboratory, and afterwards adjourned.