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New Zealand Times, Volume XXXIII, Issue 5397, 15 July 1878, Page 2

It was reported on Saturday, that the Education Board intended to take steps to upset the verdict delivered by the jury in the action in which Mr. James Doherty recovered £SO and costs. We trust that the Board will not make any additional move in this matter without giving it the most careful consideration; for the suit has already been very costly, and it does not appear at all likely that the Board has any prospect of bettering its position. .There appears to be no doubt that Hr. Doh rty has not ; been guilty of 41 gross misbehavior*’ within the; meaning of the statute; for the provision authorising a committee to suspend a master,* and the' Board to dismiss him summarily, for immoral conduct or gross misbehavior, was intended to apply to cases of an extreme character,* —cases in which the master’s remaining in charge of a school, or as an assistant teacher, could not be tolerated for the shortest time. That this was the intention of the Legislature cannot be’ questioned, and those who heard the discussion when the Bill was before the Houses of Parliament will remember this The mode of appointing and. dismissing masters was very freely debated, but there appears to have been one Oversight in not providing for the dismissal on a short notice of a master for misconduct which could be termed “ gross misbehavior,”* for it would seem that there is no middle course between giving a master three months’ notice and dismissing him in n manner that must be. considered by the public to be ignominious. Gross misbehavior within the meaning of the statute applies to something worse than writing letters which might be held* to be impertinent to an Inspector or. Board. It is certain that Mr. Doherty was not discreet in his correspondence, and it is quite possible that the Board would have been fully justified in giving him a mouth’s notice, if they could have done so legally; or giving the legal notice of three months, which would have been severe punishment; but the Legislature having deemed it wise to enact that a teacher should not be discharged at less than three months’ notice excepting; for 44 immoral conduct or gross misbehavior,” the Board should obey the law. The costs of this suit , will be a heavy financial blow to the Board, and it behoves those who have to provide the funds to see that, to use the homely but most apposite phrase, they do not throw good money after bad. The decision of the jury was not hastily arrived at ; the case was thoroughly ventilated during the two days’ talk it gave rise to ; and the jury, a special one, was composed of as sensible and just men as could be wished by any of the parties to the suit. A public body should remember that it is its duty to assume a position more dignified than private individuals, ■ and, members should never allow themselves to be actuated by the litigious spirit which tends to lead some people'to take a case from one stage to another, in the hope of getting a favorable decision, or of wearying out ah opponent. :