The Pamphlet Collection of Sir Robert Stout: Volume 60
Initial View of the Matter
Initial View of the Matter.
(1). | In fact, the Waitaki School does not, and cannot, serve the purpose of a town school of Ormaru for secondary education. Its working constitution excludes all girls, and the scale of fees makes it practically inaccessible to those boys within whose reach the Education Act proposes to place means of qualified systematic secondary instruction. |
(2). | The Oamaru people have no power of right to reconstruct the constitution and administration of Waitaki School, so as to adjust it to the requirements of the town, or make it for their sons and daughters equivalent to a people's school of easily attainable sound secondary education. |
(3). | Above all, the people already have a school for that purpose, which has come down to them as an inheritance from the old provincial constitutions of Otago, now guaranteed to them by the education Act of New Zealand. And over this school the Education Board has by law no power of life and death: in relation to the school their only power, their statutory duty, is to maintain it as a school of secondary education under the Act. |
From that external history the obvious inferential suggestion is, that the Board, having at first inadvertently assumed an untenable position in relation to the law, are persevering in the purpose for which that position was assumed, while endeavoring to conceal the unlawfulness of the position; and that the citizens, on the other hand, in defence of their vested interest as guaranteed by law, have to repel an unlawful violence to that interest threatened by the statutory guardians of the same. This practically is the kernel of the case as a real thing. Counsel will advise us how to make this prominent in the form of proceedings, and prevent it, in the throng of technicalities, from lapsing out of view of jury or judge.