The Nelson Evening Mail. FRIDAY, JULY 26, 1878.

Nelson Evening Mail, Volume XIII, Issue 179, 26 July 1878, Page 2

The Nelson Evening Mail. FRIDAY, JULY 26, 1878.

An Auckland telegram, which appears elsewhere, states that at a conference of School Committees it was decided to petition the Assembly to define the powers and privileges of Committees, especially with reference to the appointment and dismissal of teachers, as, at present, the Auckland Board is acting independently of those bodies, whereas it is provided in the Act that they shall be consulted, If, however, the conference should so far gains its object as to ensure that the Committees must be first "consulted" it- does not follow that the end which they evidently have in view will be achieved, or Jthat they will be in a better position than they are at present. Our authority for making this assertion is no less an one than Mr Justice Richmond, who, in the trial of a case in the Supreme Court in Wellington the other day, when a Mr Doherty, lately a master in one of the schools in that district, sued the Edu cation Board for wrongful dismissal, gave it as his opinion that " the Education Board might dismiss a teacher upon consultation with, but without the consent of, the School Committee." In order that there should be no doubt whatever as to the interpretation placed by him on this portion of the Act he repeated his opinion in words that could not be misunderstood. " There is," he said, " a provision that the Select Committee is to be consulted, but it does not follow at all that the Board may not without the consent of them dismiss. lam of opinion that the Board has the power to dismiss without tho consent of any other body." This then may be regarded as the strictly legal reading of the Act, and being so, it is clear that in the appointment and dismissal of teachers the Committees are utterly powerless. The Board may pay them the empty compliment of " consulting " with them, but is justified by law in completely ignoring their recommendations, even though the members o£ the Committee so "consulted" be unanimous in making them. We are aware that two opposite opinions exist as to the desirability of investing the Committees with power to appoint or dismiss the teachers of the schools under their control, it being argued by those opposed to the system that the master occupies a much more independent position if appointed to the situation by a non-local body. But, however this mny be, it is highly importaut that the matter should be definitely settled, and that no doubt whatever should be suffered to exist upon a point that in one or another part of the colony is Jikeiy to be raised almost every day. Our legislators will have to state distinctly during the session, which commences to-day, what is the meaning they intend to be attached to the clause which provides that "no appointment, suspension, or dismissal shall take place until the Committee have been first consulted." If Judge Richmond's interpretation be the correct one it is clear that the closing word of the clause just quoted is not the proper^one to use. For "consulted" should be substituted "insulted."