The Temuka Leader. TUESDAY, APRIL 11, 1882.

Temuka Leader, Issue 936, 11 April 1882, Page 2

The Temuka Leader. TUESDAY, APRIL 11, 1882.

Qy the 30th of March last we expressed an opinion that the Temuka School Committee eould not resign, in the following vrords . —" We helieye that as % matter of law persons elected to fulfil public duties, who accept the. said elections, cannot resign any moment they please." This was a novel point, and we take to ourselves the credit of having been the first to call attention to it # We may therefore be pardoned if we feel a little flattered at finding the highest legal authorities in New Zealand concurring in the same opinion.. Mr Robert Stout, than whom none rank higher as a lawyer in New Zealand, has given the the following opinion on the subject \,o Mr Bolton, in a letter dated 31st March, 1882:—"There is no provision for members resigning, and it; does not seem to me they can. But if they can, two members cannot in my opinion form a committee so as to fill up vacancies." Br Foster, than whom there are few, if any, more experienced lawyers in New Zealand, at the meeting of the Education Board gave a similar opinion. He said that the Education Act made no provision for filling up vacancies caused by resignations ; in fact, there was no p r ovision for resignations of Committees at all, and he doubted very much whether a member of a Committee could resign. The theory was that the Queen had a right to the services of her subjects, and any of them undertaking a public duty must continue to perform it unless provision is made for his resigning it. He further pointed out that the case was analcguous to that of a Member of the House of Commons who could not resign except by taking some incompatible office, such as the " Chiltern Hundreds." We think this put the matter very clearly before the Board and we are glad they accepted the advice. It is very fortunate that Dr Foster is a member of the Board, as his advice will be invaluable on points like these, but we do hot think it will be necessary to adopt the suggestion of testing whether, the Committee oould be compelled bylaw to perform their functions. We think they couU, but we do not think it will be necessary. We feel confident that the members of the Temuka School Committee have too much sense, and that they feel too deep an interest in the school to allow any differences of opinion to interfere with the proper, discharge of their : functions more especially as affairs have taken such a peculiar turn. If they would take our advice now they would meet on the next ordinary meeting night and first of all rescind the resolutions with regard to Mr Harrop's resignation. After that is done let Mr Harrop take his seat, and then proceed to business, without making any references to past dissensions. If they adopt this course we have not the slightest doubt that they will discharge the duties entrusted to them creditably, but if they continue to bring up the past as they have done at previous meetings there is no hope of thei r being able to get on amicably together. We have already given to the members who resigned credit for feeling a deep interest in the school, and we believe that very few will dispute it. B.ut they raUKt not think that this constitutes everything that is required of them. They have not been ejected to feel an interest in it, but to take active measures to conduct its business to the best of their ability, and if they do their duty they will leave all personal matters outside of the committee meetings pml confine themselves, strictly to business. Tltey have now had plenty of experience of the result of bringing up things past and gone, and they ought to benefit by . the . knowlelge thus

acquired. They now that bo Irrrr ns they continue to bring up the pa?t t'-^y cannot get on well togetb<-r, nr<d it [ 3 therefore their duty to ay->H it. We are certain if they try it tho.y will bs successful, as both sides are pretty wel} tired of their disputes' now, and we therefore express a hope that they will do so. In the present state of affairs, when there is a probability of a change in the teaching staff their serrices are very much required, and it cannot be looked upon otherwise than as a serious breach of faith on their part to shrink from discharging their duties. We feel confident they will not, and that henceforth they will confine themself to business. We are glad to find that the Board of Education adopted our suggestion by declining to accept their resignations, and we shall be more glad to fi;id the School Committee settling down to work again, and performing the functions for which they have been elected. Th/'ete can be no doubt that they are thoroughly competent to do so if they only try, and for that reason, and for the, sake of the, school we, hoped they will take the hints which we throw outt o them in tha spirit in which they are, given, and proceed with the business of the school without referring to the past.