APPEAL COURT.
THE POWER OF SCHOOL COMMITTEES. Per Press Association. Wellington, Last Night. This afternoon the Court of Appeal (Judges Williams, Dcuniston, Edwards, and Chapman) commenced the hearing of the case Bruce and others v. the Wanganui Education Board and another. This was an appeal from the decision of Judge Cooper delivered in Wanganui on 2-lth February. The appellants were a school committee in the Wanganui school district, and respondents were the Wanganui Education Board and Henry Marrotl Payne, head teacher ol (he Queen's Park school, a public school within the district. The school hours lixed by the respondent Board were live hours a day for live days in the weekAppellants oil the 11th November last passed a resolution that the school hours in the district should be live hours on four days of the week and four and a-half on the fifth day. They instructed respondent Payne to carry out this resolution and uotilied the respondent Hoard of their action. Their object in passing the resolution was to allow half an hour a week in all the Wanganui schools for religious instruction, and the use of schools for this purpose was granted to the Ministers' Association for half an hour taken out of school hours. Respondent Payne forwarded the resolution to the Education Board, »\vho instructed him not to obey it, and then notified appellants that they would not allow the alteration in school hours. Plaintiffs then commenced an action in the Supreme Court at Wanganui, claiming an injunction to restrain the respondent Board from over-ruling its decision and a writ of mandamua to compel reipondent Payne to carry out their instructions. Judge Cooper, who had heard the action, held that by section 120 of the Education Act, 1904, the committee were subject to the control of the Board and dismissed the action with £lO 103 costs. The committee then brought this appeal. Mr. Myers appeared for appellants, and Mr. Skerrett, K.C., and Mr. Huttou for respondents." Mr. Myers, on behalf of appellants, eontended that the committee had power to fix the school hours, and the Education Board had no controlling power in this matter. The case was not eoneluded when the Court adjourned till Monday. MINUTE TECHNICALITY. Wellington, Last Nigiit In the Appeal Court the case of the Crown versus Martin Johnson was argued. Johnson was tried before Judge Cooper and a jury at Napier on a charge of setting fire to premises known as the •'Silver Grid." Counsel for the Crown omitted to prove that the building was fixed to the soil, and. at the conclusion of the Crown's evidence counsel for prisoner contended that without this evidence there was not sufficient evidence to go to the jury and that they should be directed to a cquit accused. His Honor held that there was sufficient evidence, and so directed the jury, who convicted the accused. The Judge, how. ever, reserved for the opinion of the Court of Appeal the questions of whether his direction was right. The Court without calling upon the C'rown to reply, delivered oral judgment affirming the conviction.
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Taranaki Daily News, Volume LI, Issue 96, 11 April 1908, Page 2
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514APPEAL COURT. Taranaki Daily News, Volume LI, Issue 96, 11 April 1908, Page 2
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