TEMUKA SCHOOL COMMITTEE.

Temuka Leader, Issue 940, 20 April 1882, Page 2

TEMUKA SCHOOL COMMITTEE.

] The usual monthly meeting of the "above Committee was held last Tuesday evening PRESENT. Messrs Mackay (Chairman), Bolton, Mendelson, "Russell, Harrop, Davis and Hayhurst. minutes. The minutes of the previous meeting A'cre read and confirmed, CORRESPONDENCE. Letters were read from the Educatiou Board respecting the teachers application for A.B.C. cards ; also, standard certificates ; also a letter intimating that the taaphor had. been given three months notice ; also a letter stating ttaafr the re. signations of members of the Committee were invalid, and could not be accepted by members of the Board. Mr Hayhurst said it looked very strange to say when gAiitlemen sent their resignations to the Committee they could not be

accepted. The Chairman said the Boird was not in full possession of all the facts with regard to Mr Harrop's resignation. The

Board had passed a resolution affirming . that so far as at present advised his resignation was invalid. He had. also seen the Inspector since, and he had told him the matter had not come properly before the Board. They should set all personal matters aside in this matter and discuss it as a question of principle. He would read the following legal opinion obtained on the subject. ' OPINION. " I have perused the documents supplied as uDder : —2lst February, 1382 — Kesignation by Mr Harrop addressed to the Chairman of the Temuka District School Committee. 20th March, 1882— Withdrawal of same by Mr Harrop. 21st March, 1882—Copies of resolutions (1) accepting the resignation ; (2) declining to re-elecl Mr Harrop, 6th April, 1882—Letter from the Secretary of the Board of Education, stating . (1) That the acceptance of the resignation of Mr Harrop was invalid, and that Mr Harrop was therefore still a member of the School Committee j (2) That the Board having no authority to accept the resignations of Messrs Hayhurst. Mackay, Mendelson, and Russell, those gentlemen also remained members of the Committee. 'I am asked to give my opinion on these two questions, and I beg to state that 1 differ from the conclusion arrived at by the Board on the first point, for the following reasons :—On reference to the Education Act 1877, it will be seen that although it does not in so many woids provide for resignation by members of Committees, yet in Section 64, which deals with the duration of office and the filling of vacancies, he following words occur, • If any vacancy shall occur, by death or otherwise than by effluxion of time in any Committee, the remaining members of the Committee shall elect a qualified person or persons to fill such vacancy or vacancies.' The words 'or otherwise' seem to me to comprehend aud contemplate vacancies which may be caused by resignation, and they are not limited to the act of disqualification mentioned in Section 69, which enumerates those acts prohibitive of members acting or continuing to act as such. 1 do not think it is intended by the Act that the office and duties of a member of a Committee are to be within the category ofx compulsory services, obligatory on subjects of the realm when elected to an office to serve until discharged by effluxion of time, or that a person having once been elected, whether a consenting party to such election or not, is precluded from refusing Jo act, or having acted, from resigning his office. From a very early date there have been certain compulsory offices relating to administration of justice, self-government in municipal affairs, church government, etc, etc, and when there are such there are either statutory punishments imposed by way of specified fine or penalty on those refusing to serve, or the contumacious subject may be indicted at common law. I cannot arrive at the conclusion that the office of a School Committeeman under this Act can be considered as analagous to any of the compulsory offices mentioned in the cases relating to this subject. 1 am therefore of opinion that a member of Committee may reßign his office. As to the mode of doing so," I think the resignation iB complete when a member by writing under his hand delivered to the remaining members or the Chairman intimates his wish to resign, and that this and not the acceptance constitutes the resignation. I do not think that sach a resignation can be withdrawn. The Committee seem to have followed the proper course with regard to Mr Harrop. They accepted his resignation, and then proceeded to consider the question of filling the vacancy occasioned thereby. Mr Harrop was pro'posed for re-election, but he "was not re-elected. I am therefore of opinion that Mr Harrop is no longer a member of Committee. With reference to the resignation of Messrs Hayhurst, Mackay, Mendelson, and Russell, I am of opinion that the notification of such resignations addressed to the Board of Education was inadequate ; that body has nothiag to do with such mßtters, and if the four gentlemen mentioned have not also notified their resignations to the remaining members of Committee, they cannot be considered as having yet resigned. If they did, however, I think their resignations are valid. It is true that at all meetings of Committee there must be a quorum of three, but although a meeting may lapse for want of such a quorum, and ' no proceedings' take place, I caunot see that this affects the right of resignation which belongs to members. It might be urged that the resignations should be fepdere.4 to the householders of the school district, but as the remaining members of the Cormnittee are the representatives of the householders, and are lesides the persons empowered to fill up vacancies, I think resignations notified tfi them are sufficient. " A Jameson.

"17th April, 1882." Mr Harrop, as the person most concerned, wished to see the letter sent to Mr Jameson on the subject. The Chairman said no comments had been made. The resolutions passed and letters referring to the subject were to Mr Jameson.

Mr Harrop said he was there on the authority of the Education Board, and would demand* it as a right to be allowed a member of the Committee.

The Chairman said that unless he was proposed, seconded, and re-elected, he would not recognise bim.

Mr Harrop : The Board decided that I am a member of the Committee, and I shall compel you to recognise me. The Chairman said the Board only said 'so far as advised.' The matter had not come properly before the Board yet. Mr Davis wished to point out discrepancies in Mr Jameson's letter, In one place he said he thinks, and in another place he said he was of opinion. What reliance co.uld be placed on a lawyer that speaks like that.

Mr Bolton said they ought to be guided by the Education Act, and did not see the good of going from lawyer to lawyer. He wished to know what motives there were for excluding Mr Harrop. Unless it was that the four wanted to resign again, and by excluding Mr Harrop prevent a quorum of the Committee being in existence, he knew no other motive they could have for it.

The Chairman said they had nothing to do with motives. Thny would discuss the question as a matter of principle, and would object to anything being said about motives.

Mr Harrop said he would take out a mandamus to compel them to to let him Bit on the Committee. The Chairman said that was the proper course for him to follow.

Mr Davis suggested that they should go on for the eight months now without making any further change,and then leave matters to the householders. Mr Russell said if they were to go on like that till morning they would get no further. It would be better let the matter drop.

Mr Davis said, for their own credit and the good of the school they ought to settle down to work. The householders had made a very bad choice ; they had got a very bad mixture, and the more they mixed the worse they got. Mr Hayhurst moved the previous question, which was seconded by Mr Bolton. Mr Harrop said if they excluded himself he would make them look like children.

Mr Mendelson : Then, if you will make us look like children, 1 move that Mr 3 ob Broivn be elected a member of the Committee.

Mr Russell seconded the motion, and it was carried, Messrs Davis and Bolton voting against it.

Mr Harrop signified his intention of attending the meetings of the Committee. It was Mr Russell who asked him to withdraw his resignation. Mi Russell said he had explained hia action already in that matter. THE HEAD TEACHER. The following letter from the head teacher was read : "The Chairman Temuka School Committes, Temuka. "Dear Sir, —I desire to draw attention of the Committee, to the statSinent (a copy of which I enclose) made by the Secretary of the Board of Education at the meeting of that body, held April sth last. This statement no doubt, in a very great degree influenced the Board in passing the resolution which so injuriously affects me professionally—they rightly assuming that the Committee possessed the intimate knowledge of the work being done in the school. The information contained in the statement has taken me entirely by surprise. Looking back over the last four years in which I have been engaged in the school I cannot recal one single expiesion on the part of the Committee that could lead me to suppose that I had lost their confidence. On the contrary, the Committee have frequently, by their expressed satisfaction enabled, me more cheerfully to continue, under many difficulties the management of the institution. May I therefore ask the Committee formally whether the information con tained in the Secretary's statement is true or false, —I remain, yours obediently. "A. Mclntosh, " Temuka, 17th April, 1882."

The following is the paragraph referred to in the head teacher's letter:—"The Secretary laid on the table his report as Inspector on the last examination of the school, which was of an unsatisfactory character, with the, Qa nmittee's comments thereon and the head masters letter of explanation. The master, Mr Hammond stated, had during the past two years been engaged in farming, and appeared to dovote more attention to that than was compatible with a proper fulment of his duties as teacher. The Committee had been much dissatisfied with the conduct of the school, and he was informed tjjey had intended to recommend his dismissal, and but for their internal dissensions would have done so."

The matter was discussed, fpr about an hour, in pomrnittee, after which it was resolved on the' motion of Mr Mendelson seconded by Mr Hayhurst—'That the Committee acquiesce in the action of the Education Board with regard x o the removal of the head teacher.'

An amendment proposed by Mr Bolton £o the effect — ( That the questiqn be postponed forponsiderationat'a special meeting was not seconded PLACE OF MEETING. Mr Pa vis wished to kno\y why the meetings were not held in the school room instead of being held in she of New Zealand. The Chairman explained that it was the wish of former committee's not to walk to the school.

Mr Bolton said he would like to have the meetings held in the school. On the last occasion the meeting was held at Mr Hayhurst's house ; and all the members got notice excepting himself. Mr Hayhurst knew that he (Mr Bolton) and Mr Hayhurst were not friends, and that Mr Hayhurst's house was the last place he wonld go to. The notice had not been given to him, and the place of meeting was selected so that he might not be piesent.

The Chairman said the reason he did not send a notice to Mr Bolton was because he had defied him, and he would not take any notice of any member that defied him. He gave private reasons for not holding the meeting in the Bank of New Zealand on that occasion,

Mr Russell moved—' That the meetings be held in the present place until excluded by the proper authorities,' and it was agreed to. PRIZES. The Chairman said that £ls had been realised by the entertainment held in aid of the school prizo fund, £5 of which went in expenses. The balance was available for prizes. On the motion of Mr Davis it was resolved—'That the distribution of prizes take place next Friday, under the super vision of the Committee.'

ADJOURNMENT. The meeting then adjourned