St. Michael's Square.

Taranaki Daily News, Volume XLVI, Issue 83, 12 April 1904, Page 2

St. Michael's Square.

FIGHT FOK A SCHOOL SITE.

Aft-r the confirmation of the minutes at the meeting of the school commissioners on Friday Mr McKenzie asked leave to hold over his notice of motion to rescind (he motion passed at the preuous meeting declaring St. Michael's Hq'uaro a school site, ile felt very strongly on this matter and as Commissioner ol Crown Lands he ha\l reported the matter to the Minister, protesting ag'ainst what had been done, but owing to the Minister's absence from Wellington and illness ho lvad rsceiv* cJ ivy reply. He asked therefore that as an act of courtesy the matter might be- postponed till he had received an answer. Mr Wade moved that Mr McKenzie l>e allowed to hold over Ids motion. In doing so he had -no intention of supporting Mr McKenzie -In rescinding the motion passed ut last meeting, but as he hatl written to ihc Minister it was only fair to wait for Us reply* Hi- Allsworth protested strongly against the proposal. Mr McKenzie made the mistak-e of supposing he sat -there as Commissioner of Crown Lands, This was not so, and he objected to hie reporting the actions of the board to the Minister, Tin; board was a perfectly Independent body, and administered its trust, at its discretion.

Mr McKenzie na| l the lioaird wa!s wrong. He was sure he sat there as Commissioner. The Act said the Government should nominate three persons, one of whom should be the Commissioner of Crown Lands, Mr Allsworth said Mr McKenzie was referring to the Representation Act. The Education .Reserves Acts of 1877 and 1882 were (juite clear. He quoted the clauses and referred to Mr Strauchon having to resign bofore Mr McKenzie could bo appointed.

Mr Samuel, the hoard's solicitor, who was present, said Mr Allsworth was right,-1 jut the Commissioner of Crown Lands was usually appointed as one of the Government nominees. Mr Allsworth said he further intended if Mr McKenzie proceeded with his motion to contend, as a point of order, that he was too lute. lie should havo given notice before the last nieetlmg dosed. Clause 85 of the Education Act, 1877, said : "The ScluJol Commissioners in each district. mnd every (iioufd may from time lo lime appropriate or set apart any of the education reserves or lands vested In them pr it, or any portion or portions thereof as a site or sites for public schools," and clause 8 of the Education lie-, Serves Act lAmaridment Act, 1882, said-: "All lands whatever set apart under or by virtue of any Act as sites for public schools, and all sites set apart by any School Commissioners, cillo., eliall from 1 t-he t<imi( of making or setting apart thereof, vest without girnnt, conveyance, or transfer in the Education Board Of the district wherein the same ere respectively situate." He held I hat nothing could be clearer than this, and contended that, the land was, immediately the board rose after having passed the motion declaring the land a school silo, vested in the Education lionrd. Further, to divert the land for building and normal purposes would be a breach of laith with the Borough Council, who would, he was sure, havo opposed the Bill going through the House if they had thought such a course would have been proposed. As far as he coul-d see it seemed impossible to get ahead with a technical school in New Plymouth. Ho had been working for years lo secure this, but the opposition had been so continuous that ho was becoming thoroughly disheartened, and disposed to abandon the whole affair, Mr Faull said ho would second Mr | (Vajdc's motion, as an act of courtesy to Mr McKenzie, lilt he should not vote to rescind the motion carried at last meeting. Th«y had fought the matter out then, and should let it rest. While he did not agree with all Mr Allsworth had said, there was no douUt that Stratford had set New Plymouth an example in the assistance given the Education Board in the matter of a technical school. There a splendid site had J|edn jjiven and a building erected without any cost to the Education Board. The Chairman said he agreed with what Mr Allsworth had said, and thought any further delay was to )» greatlv deplored. As to the point oi order raised, that could bo dealt with ii Mr McKSenzie wont on with his motion. Mr McKenzie claimed that as Commissioner ol '.Crown Lands hu was to.k-ir<{« the ritjrt course, .u'nd doing his duty to the department,, lie disclaimed any wish to oppose Hie establishment of a technical school, but held that the exchnKge had been effected without, any conditions as to th., disposal of St. Michael's Sqdare. rtlr Allsworth said lie would be sorry to appear discourteous to Mr McKenzie, but he would have to oppose the motion on principle, and as Chairman of the Education Hoard lie should lake steps to protect thai Hoard's interest in the matter. Mr Samuel said the hlpurd should be careful in this null tor, as there was a good deal in Mr Aliswoitas contention. The clause in the Act. of 1882, which he had quoted, was verv peculiarly worded : and if the Education Board took steps to assert its cluiim it might lead to unpleasantness. He suggested that the motion should read as follows . "That Mr McKenzie's moltjon to rescind He adjourned to next meeting of the board, on condition that H -he meanwhile received any communication from the Covornmeul to that etToi-t he forthwith withdraw his molion, ami if he receives meanwhile a-nv comimmicu-.tion Irom the t«(nernmont. to the effect that the whole of the sections should not fi.e set nnnrt. sleps be laken lorthwith 1o call a specihl meeting of the U.ard to deal with the motion. Also that meanwhile and until Mr McKenzie's notice of motion Hie dealt with or withdrawn Hie resolution setting apart the sections for a site for a puMic school lie not given clUct to." ... The motion was carried on <tm.sion :-Ayes (3). ]\»**srs Wade. Kan 11 and McKenzie : Xoes (2), the Uhiurman and Mr AUsworllx