SCHOLARSHIP GRANTS.

Wairarapa Age, Volume XXXII, Issue 1032, 12 August 1911, Page 5

SCHOLARSHIP GRANTS.

METHOD OF TRUST LANDS TRUSTEES.

QUESTION OF LEGALITY

A lengthy discussion took place at last night's -meeting of the Trust Lands Trustees upon the question of the legality of the Trust's method in granting £lO per annum to matriculation students. Mr Michel! moved and Mr Caselfeerg seconded, '"That the grants for nine matriculation students bo passed." Mr Pragnell asked permission, that his notice cf motion, ' students whose parents' do not reside within the prescribed area bo not granted their £10," be taken before Mr Michell's motion. The chairman objected, and said Mr Pragnell's motion could be considered to deal with the Trust's future movements. Mr Pragnell accordingly moved as an amendment to the motion, that no grants be mado to students whoso parents reside outsido of the voting area. The chairman said he could not refuse to accept the amendment. Mr Daniell said he had gone to trouble of getting the opinion of Mr C. A. Pownall, which he road aa under:— "I have carefully examined the Statutes which are now in foree regarding the powers and constitution of the Trust. The Acts- of 1895, 1905 and 1906 may be dismissed from the present consideration. The main Act is the Act pi 18S9, and the section affecting the matter is section 20, which is as follows: 'The nett revenue from leasing of Town, Acres 42, 106 and 111 shall be> applied by the Trustees assisting the* holders -within the District from time to time of annual scholarships, whether founded by the Trust or otherwise, in the progress of their education, otherwise the Trustees may in their own discretion use their general fauid for 'general public educational establishments' and 'a public ilbrary' and 'other purposes of public utility in the district.' 'District,' by the interpretation clause to the statute, means 'the iSmall Farm Settlement of Masterton,' and 'the Borough of Masterton.' The result of the above is: It is quite clear that children, gaining scholarships from schools in the district, as defined, are entitled to assistance from the revu-je of the three acres named, independent of where their homes may he, or their parents reside, as the Statute simply refers to them as the holders of scholarships within the district. The Trust could, of course, discriminate (between .the holders of scholarships whose people are resident in. Master ton, and those who are foreign, but this .would no doubt be very difficult to do* There is another question arising, so I understand, and .that is that the Trust have been in the habit of making grants to matriculated students. This is, in any opinion, illegal and unauthorised. A student who , matrieulatea cannot by any stretch of imagination be said to be jthe holder of-a 'scholorship' within the meaning of section 20, and the general fund ao count cannot be utilised for this purpose, as you will already have seen it must be confined to educational establishments, public library, and other purposes of public utility iu the district, and the words 'public utility' could not by any means be deemed to include 'grants to matriculated students.'"

Mr Eton said that tho Act had been broken, hut there was* no reason to continue wrong. In spite of this ho would like to see the. notice of motion put, so as.to refer to the future, and not break the contract already made with the nine matriculation scholars. Mr Pragnell, in speaking to his amendment, said he did not want to rob any child, but he felt it-was his. duty to presorve the interests of their own children. The resolution on thet minutes giving grants should be reviewed every year, and was by the fact that the Trustees could please themselves whether they complied with the resolution or not. Even supposing it was legal to make grants to children whose parents resided outside the district, Mr Pragnell considered it would be a better policy not to make such grants, which would induce parents to come, and reside in the district for the sake of their child, which .was more satisfactory than .bringing the child) only to the district. Mr Pragnell insisted that the matriculation examination could not possibly be regarded as a scholarship, and it was tfor a scholarship that the Act provided that grants could be .made. The speaker said he proposed moving later 'on that a committee be appointed to decide the best way in which to use the funds of the Trust. Mr Pauling seconded the amendment, i

Mr Jackson disagreed entirely with air Pragnell, stating that the Act did not refer to parents residing within the district, but to scholarship holders within the district. 'Continuing, Mr Jackson asserted that the Act provided that the Trust could make grants for whatever it elected to call a scholarship. Mr Jackson concluded by baying that h© had devoted- the best years of ! his life to, the matter, and he, if i anybody, ought to understand the ' position. ~. •Mr DanieU said in the face of his legal adviser's opinion he could sup- ! port neither the amendment nor the motion. 'Messrs Mionell, Caseiberg, "and (Eton sjpoke against the amendment, and Messrs Wagg and Krahagen for it. On being put to the meeting, both the amendment and the motion were lost by 5 votes to 4, owing to Mr BanieH voting in the negative on iboth .points. Mir Jackson then gave notice of motion, "That the Trust found, in accordance with Clause 20 of the Trust Act of 1889, scholarships to a number to be decided on by the Trust year by year, on the results of the matriculation examination." Mr Dandell moved that the opinion of the Trust's solicitor be obtained on the Trust's method of maMng grantsi under Clau-se 20, and that he be asked whether Mr Jackson's motion would cover the .position.

(Mr Krahagen seconded the motion, which was carried, thus closing the subject for the, present.