DOHERTY V. THE EDUCATION BOARD—DEPUTATION.

New Zealand Times, Volume XXXIII, Issue 5400, 18 July 1878, Page 2

DOHERTY V. THE EDUCATION BOARD—DEPUTATION.

Yesterday Messrs. C. J, Pharazyn (chairman), Bunny, Gisborne, and Toomatb, (members), and Mr. R. Lee (secretary and inspector of the Wellington Education Board), waited on the Hon. Mr. Ballance, Minister for Education, to obtain" from him an expression of opinion as to the suit James Doherty v. the Board. Proceedings were commenced by Mr. Fharazyn objecting to the presence of representatives of the Press, but upon what grounds it was not easy to gather from his remarks. It was evident that he did not wish to see any reporters, and it was also evident that he did not care to adduce any reason for objecting to their being in the room. Mr. Ballance said for his part he had no objection to the interview being reported. Mr. Bunny then supported Mr. Pharazyn, saying that the deputation was in consequence of a private meeting of the Board, and Mr. Lee could inform the Press of the result of the interview. This elicited a remark from Mr. Ballance that he would prefer that the representatives of the Press should remain, but he would leave the question to the members of the deputation to decide. The desire to have the proceedings private was again expressed, and the members of the Board got their way. The deputation proceeded to lay before the Minister a statement of their views touching the dispute between Mr. Doherty and the Board, and asked that he would give his opinion as to the course the Board should take. It was stated by the, deputation that as the Government provided the funds which were at the disposal of the Board for educational purposes, it was but right that the Government should have a voice in the expenditure of the money; that was to say, that the opinion of the Minister should be asked as to whether puohau expenditure as would be involved in' continuing the suit would be ,approved of. -Tfc was stated that the cost of taking the of the Court on the point reserved would be only X 35. It will bo remembered that Judge Richmond reserved leave to the defendants to move on the ground that ho ought to have directed the jury that the conduct of the plaintiff was gross misbehavior within the meaning of the Education Act, 1877. Members of the deputation said the"y had reasons for believing that the Court would held that the conduct of Mr. Doherty would come within the statutory meaning of “ gross misbehavior.” They asked the Minister whether he thought they should spend any more money in endeavoring to upset the verdict. Mr. Ballance declined to say anything which might appear to indicate the sanction of the Government to any further proceedings, or to express the opinion of the Governemnt. Mr. Doherty had applied to the Government in the first instance, but they had declined to interfere, and he would take the same course no w. Upon being pressed to give bis opinion, Mr. Ballance said as Minister for Education he would say ho thought .they should not throw any more money away, and his impression was that the merits of the case were against the Board. He considered Mr. Doherty’s punishment had been too great for his offence, but' i was uqt prepared to say that the Board had n °t received considerable provocation in the matter. It was a question for the Legislature to determine whether schoolmasters might be dismissed:arbitrarily without notiqe. However, he thought the law should stand as it was, and quiets’ teachers.

wet;o guilty of gross misbehavior which approached. immoral conduct, they should be entitled to three mouths’ notice. Great care should be taken not to. do anything that would lessen the self-respect of and if they could be dismissed summarily their self-respect would be diminished. Teachers were entitled to a. large amount of consideration, and it was never intended that they should be liable to summary dismissal unless for- some very serious fault. During the interview it was stated that .any legal expenses would be paid out of the Board’s funds, and no demand would be made upon the Colonial Treasury for a grant. Members of the Board have determined to abandon the special meeting Intended to be held on Saturday, and nothing * will be done until the next regular meeting, which will be held on Wednesday the 31sb inst. The only course which would appear to be open to the Board is to move in banco either to have the verdict set aside or entered for the defendant, on the ground that Mr." Justice Richmond, who presided at the trial, ought to have directed the jury that the facta proved constituted gross misbehavior on the part' of the plaintiff.