The Temuka Leader SATURDAY, AUGUST 16, 1879.

Temuka Leader, Issue 170, 16 August 1879, Page 2

The Temuka Leader SATURDAY, AUGUST 16, 1879.

The difference between the School Board and the School Committee in Timara, which has ended in such an unsatisfactory manner, forces upon all concerned the consideration of the lav/ which determines and regulates the rights and duties of both these important bodies. The committee complain of being treated in an arbitrary and discourteous manner ; the Board claim that they have acted within their right, as clearly defined by the law. It appears to us that an impartial onlooker acquainted with the law and the facts must admit in a sense both the validity of the claim made by the Board and also the reasonableness of the committee’s complaint. There can be no doubt that the Board is empowered by the law to do what it has done. The law places in the hands of the Board the office of appointing teachers, only prescribing that before doing so it shall “consult" the committee. The Board has hitherto in all cases fulfilled this condition by asking the committee to make choice of one of the list of candidates which it scuds down. It has always hitherto appointed the man on whom tire choice of the committee has fallen, so that practically the choice to masterships has lain in the hands of the committee, and been exercised by it. The power of appointing legally belongs to the Board, but they liave always hitherto appointed the committee’s choice. I believe the recent appointment in Timaru is the first case of this practice being departed from. While, therefore, the Board is within the law in overruling, the committee's choice, it is easy to understand how the latter should feel aggrieved. It was t! us marked out from all the other committees under the Board by a style of trea'ment which singularity made humiliating. It has shewn its sense of tin’s by resigning in a body. As to whether ( hcy have i done wok or id h\ the step tlmy have I ta-o-;) timro vviii .inßo ~-.r opiC" ns. ; Bor naps ihc on- nln -s of c, miuhteo iwftaoncd that, it iho Ikm-A deemed tuem. j the only 0.-mmU-toc ;n. -'amuOaut-rbm’y ! nnnr r/, k, ,p f ; cc-i.-v, scoithey j m-v.io if.-om i'or wiri.nv a. kv. bvv.-i '

The conclusion to -which a review of this case leads is that tire law is at fault, and must be changed. It directs the Board to consult the committee in appointing a master in every school, but it does noi give the committee any authoritative voice in the matter. The Board, according to the law, has the exclusive power of choosing. Having consulted the committee—that is, asked its opinion —it may cast that opinion overboard, and choose whom it pleases without the committee being - able in any way to interfere. The law confers no right, no power on the committee, but only' a ceremony.

The Board is bound to bow to the committee, hut having done so it may then ignore its existence in the matter of choosing a master. We do not, of course, mean to say th.at the Education Board is not a fit and proper body to invest with the power of choosing teachers, but we complain of a law which confers on a body' of men a right which is altogether illusory 7 , a power which leaves them powerless. There arc only two ways of dealing with such a law. It must either be set aside altogether, or it must be applied as if it conferred real power. The second of these courses has been adopted hitherto by the Board in the matter of appointing teachers. They have not merely “consulted” the committees on the subject, but have left in their hands the choice of a master. It has been their practice to send down to the committee the hist of eligible candidates, and to appoint to the vacant post the man they choose. It is observable in the recent Timaru case that the Board, when it, declined the committee’s choice, did not then exercise its right of election, but sent down the list again to the committee with the one name expunged, requesting them to cheo -e again. The only 7 right they cared to exercise was the right of a veto. Now, the law gives the Board the right of appointing, pure and simple, after consulting the committee. Of the t&pre limited power of a veto the law say 7 s nothing, but this is all the Board has thought proper to use. That body defends its present position by affirming its full legal power to appoint. Why, then, do they shrink from exercising this power, and go no farther than a veto 1 The answer, we think, is plain. Hitherto they 7 have so applied the law as to leave the power of choosing in the hands of committees, and they felt it would be too strong all at once to reverse entirely 7 their pivot action. We quite agree with them here. Every public body is bound by 7 its own past acts —that is, by 7 its own uniform interpretation and application of the law under which it acts. They cannot ba allowed to say, “We have hitherto been going down stream, but the law really commands us to go up stream, and now we will suddenly ‘about ship ’ and sail back.” But then this principle condemns the half-and-half course they have taken as well as tbs more complete change which they shfunk from. From the beginning of its existence the Board has uniformly applied the law about “ consulting ” committees, as if it meant that the latter were to have the choosing of masters, and it is a very strong, if not a violent, thing to suddenly 7 turn on a committee and give the law a quite different application.

The political meeting called by Mr Wakefield, M.11.R., at so short notice lias not helped his cause much. He was well aware (hat his constituents have been on the outlook for a Liberal candidate to oppose irm. ITo was also aware there is good reason to" believe that ha is not an acceptable candidate for the Geraldine electorate ; but by taking time by the forelock he might entrap the unwary. Formerly it was hard work to get him to address a meeling—now lie comes without asking, The electors, fo'led in their attempt to get Mr Barclay to stand, made a second call upon Mr John Hayhurst, who still declined, consequently Mr Moorhouse was appealed to. He also refuses, as he has other engagements. The electors are not, however, to be imposed upon, and the utmost that Mr Wakefield made of it at his meeting was a vote of thanks. .This was wise on the pan of the electors, as it will give them time to bring forward one who will obtain sufficient support to show the present member that his services are not wanted. Sufficient has taken place already to have satisfied any other man that he is not wanted. Mr Turnbull is, after all, to have an opponentin Mr Woolcombe —not a very formidable one, certainly, but sufficient to show that the Conservatives, as we stated, are determined to oppose in every case. The glowing terms in which the ‘ Herald’

introduces him to the electors is well worth taking note of. The whole leading arlffile is deserving of being preserved in a glass case. What could Mr Wakefield, do 1 It was Mr Woolcombe’s casting vote that, got him in last time. Is it too much for him to trot Mr Woolcombe out now and show his points to the best advantage 1 The present member for Geraldine is a great, adept at manufacturing leading articles, but we think this is the richest article that has yet appeared in his organ, and will doubtless amuse many 7. To say that ho has the slightest ghost of a chance is more than he ventures to say, but, having introduced him to his friends, be will he content [to leave him at their mercy 7 . The prospects of the Liberals having a majority by the new elections are now very bright, indeed may be termed a cer taioty. Everywhere the cry is for Liberal candidates. We again warn the Geraldine electors not to pledge their votes. A Liberal member will be in the field. It only needs a moderately respectable candidate to drive Major Atkinson’s henchman from the field.

“ Lyttelton Times Sick Fund.” — It is with pleasure wo notice that the members of the “ Lyttelton Times Sick Fund Society ” tire to give- their annual entertainment in aid of tlio funds of the society. It is a laudable undertaking, and we cordially wish them success far beyond their most sanguine expectations. Comps, are often called upon to contribute their mite towards helping a brother in distress—who may be out of work, having no money at his dispooal —and, if the applicant be really woTh helping, it can never bo said that they are afraid of “dipping their har.dwell down into (heir poclots.” jfc is urmcccs-ary fur.us to comment on the :wn«ff-ur j talent, tbeir oapabiiifckt. being Weil Known, ; but wo wLu (bun a good round rum to bbo j

“ Ha any the Tkainek.” —We were called upon last evening as we wore going to press, by a representative from “ Harry,” Mr- Boyd Thomson’s trainer. Ho wished us to correct an error which, had inadve”lently crept into a local headed “ Boiled,” which had reference to the late attempted “ abduction” of a certain dog. He seemed greatly hurt that any one should think iie was not “man enough” for the two gentlemen in question, and strenuously denies that he called for help. “ Harry,” evidently, is no coward, so we gladly recognise the error.

A Dakixo Escape pp.oai Gaol. —About one o’clock on Wednesday morning last two prisoners made their escape from the Hcv> Plymouth Gaol in a very daring manner. The men that escaped were Hall—a prisoner transferred from Dunedin to Hew Plymouth, and was undergoing a sentence of ten years and a native prisoner named Hiriaka, who was recently convicted at Hew Plymouth of horse-stealing, and sentenced to 12 months. The prisoner Hall rushed past the gaoler, and bolted out of the prison, quickly followed by his companion, Hiriaka. The gaoler at once gave pursuit, and whilst pursuing Hiriaka he called to Mr Martin, who lives in the vicinity of the gaol, to follow the prisoner Hall, and not to lose sight of him. The native was cleverly captured before he had reached the outside of the prison. In the meantime Mr Martin had followed Hall, and kept him in sight until they reached the wood, where Hall dashed into some scrub and was lost sight of. Mr Martin was joined by one of the constabulary, and after they had searched about the scrub a short time without success, the constable wont into the stream and followed its course somo distance, when he espied of the prisoner Hall above the water, the remainder of his body being submerged. The constable made a cautious approach, and succeeded in capturing Hall, who little expected to be pounced upon in the manner the constable managed. The whole of the affair did not occupy the space of an hour from the time the prisoners first escaped until Hail was brought back. Erom particulars learnt since the capture, it is ascertained that both prisoners’ intentions were to make for Parihaka, and seek the protection of Te Whiti. Extra precaution has to be exercised over the prisoners, owing to conversations amongst the men that if they escape Te Whiti would protect them the same as Hiroki, ■

Flo wees in Request. Flowers, the horse-stealer, who cscajied from the polios some weeks ago at Otira Gorge, seems to bo an audacious sort of fellow'. Mounted troopers hare been searching for him night and day, risking their lives, and limbs exposed to the fiercest weather and the most difficult country. As the result of their explo ’aliens they have tracked the absconder past the Hurupui Gorge, which he crossed on foot) and arrived at Summer Lake, where he stole another horse to proceed on his journey. Mowers is determined to “blush unseen,” and the troopers have returned home disgusted. —Mail.

Tubxtxg the Tables. —We e!ip the following from our facetious exchange, the Ashburton ‘Mail’:—The railway locomotive has turned the tables on the useful domestic quadruped called the horse with a vengeance. Formerly it was the privilege of the horse to run over man, now it is the privilege of the railway engine to run over the horse. The latest fatal occurrence of this kind happened at Temuka on Friday last.

A Modest Chubmaii. —The chairman of the Ta anati County Council (says the Ashburton ‘ Mail ’) is a modest man. We commend his conduct to the lion Vincent Pyke and other salaried patriots. At a recent meeting the Taranaki Council proposed, in lieu of better remuneration, to present their chairman with a season ticket, so that ho should not be out of pocket in travelling to their meetings. In reply, the chairman desired the Council would not pass the resolution, as he did not with to bo more favored than the other members, some of whom had to come from a great distance to attend the meeting. The name of the chairman is Colonel Trimble. Opixioxs About New Zkalbxd at Home, —A writer in a Home paper says There arc thousands of people in New Zealand living and enjoying life, who would have been in their graves long ago had they remained in England. A “ special” ship is to start from London for this colony in September, for the express purpose of affording superior accommodation for farmers who may wish to avail themselves of ouch an opportunity of proceeding thither. An English paper says : —New Zealand is just now at tracting more attention, probably, on the pavof all classes of English pceple, than an other colony. Thousands are seeking recentand reliable information , on the subject Home readers are informed in a recent description of New Zealand that an Englishman, on first landing, discovers to Ills surprise that lie cannot well judge of distance. His eye needs to be educated. The air is so clear in New Zealand that lie imagines distant objects tube close at hand.

Apolog-y. —The 1 Lyttelton Times ’ apologives as follows for a “slight error” in Wednesday’s issue : —Our attention has been called to what some persons consider a mistake in one of our Wellington correspondent’s late messages. Our special correspondent spoke of Mi’ Barton’s criticism of the member for Geraldine as having caused that gentleman to shrivel up. We cheerfully admit that this must have been a mistake. Brass cannot bo shrivelled. Another Libel Case. —We understand that Mr Moss Jonas, of the firm of Jonas, Hart, and Wildio, auctioneers, intends commencing an action for £2OOO damages against the proprietor of the ‘Mercantile Gazette for having published, on August Oth, certain matter calculated to damage his credit. ITo paragraph makes it appear that Jonas made • u . of furniture, lire., for the benefit of ids own wad:, where. ic it should have mi a.-signmont of ih' Cue.m.nre of a h o.knipt named 11. Hcavf. ui in: d for iiUc Scarf.

A PuELic meeting was hell in the school

room hist evening, for the purpose of considering the subject of entertainments for the benefit of the children of the district. A committee was formed for the carrying cut of the Jprojcct. A. Cox, Esq., was elected President. We congratulate the meeting on its choice, Mr. Cox being the right man in the right place. The Committee will initiate a series of entertainments, to which children under li will ho admittted free, adults at a nominal charge.

A Strange Case. —An extraordinary case is reported from Te Pouari, a Maori settlement near Gisborne. A man named Henare, at the beginning of last week, was found lurking in the bush about the sheep run. He came out at night and begged for food, but in the day time again retired to the bush. This strange conduct caused Mr Chambers to question him, when' the poor fellow said he had been accused of witchcraft, found guilty, and sentenced to death. Ho was now lying concealed to avoid the natives. Mr Chambers communicated with the police at Ormond, and the Sergt.despatched a constable to Te Pouari to enquire into the truth of Henarc’s assertion. The result of the enquiry established the accuracy of his tale. It seems that nearly a dozen natives made a formal complaint about him, alleging various acts of witchcraft, and demanded an investigation. A runanga (council) was held, and a committee of chiefs, including a native clergyman, appointed to hold the enquiry. Henare was found guilty, and sentenced to death, though the precise manner in which the sentence was to be carried out does not appear. lie retired to his wluire, bub at nightfall escaped. Soon after the natives Surrounded his whare and set fire to it, thinking lie was inside. Henare made his way to Mr Chambers’ station. The natives found out, when they had burned the whare, that he had escaped, and they set about discovering liis whereabouts, and traced him to the bush. As he was clearly ou Mr Chambers’ land, the natives appear to have doubted their right to follow him, and held a meeting to 'discuss tue matter. They decided to demand Henare from his protector, and next day requested by Chambers to give him up, threatening him with force if their demands were not complied with. Constable Yillcrs appeared on the scene at this juncture, and Henare gladly placed himself under the protection of the law. He was evidently in great fear lest his people should capture him, and accordingly the constable took him to Ormond, providing him with lodgings at the Police station.

S.C. Coursing Club. Tho committee meeting called for Wednesday evening last was adjourned till this evening, at 8 p.m., at the Royal Hotel, when business of importance will be transacted.

We are requested by Mr. K. F. Gray to call the attention of intending purchasers to the sale to he held this day, at his auction room, of potatoes, poultry, and general merchandise. —See Advt.