| 1. | As to the kind of action (1) it has been suggested that it might be, application for a mandamus, requiring the Board to do its public duty, by suitably maintaining the school, as one for secondary education under the Act. The need of this might be shown by the fact that the proposed redaction is inconsistent with the Board's own regulations regarding suitable maintenance of a High School, and by the Beard's own persistent declaration of its meaning as being, discontinuance of that maintenance, and putting a common school in place of the High School. (2) Would it be wise for the town to repose its case wholly on the ground of illegality? Though abstractly permissable by law, might not a jury or judge find that the Board's action ought to be disallowed as really a neglect of public duty, if not a breach of public trust? Here the whole question, about proposed kind of action in New Zealand, under the circumcumstances of the present case, is emphatically one for the practised judgment of professional experts; and we request an opinion irrespective of the above suggestion and query of ours. |
| 2. | As to time of action. Delay as such is so far evil as tending to "demoralise" the school at present through disheartening uncertainty about the immediate future. And it is conceivable that through delay we should let slip the opportunity of guarding this or that point by protestation on behalf of it at the right moment. On the other hand, it may be a tactical blunder to go too early into action, cutting before the point. (1) Would it be wise at once to warn the Board of a purpose to contest their action? (2) Would the end of the year, when the reduction of apparatus comes into legal effect, be early enough for raising a case? (3) Would it be early enough, and the best time, at the end of the first quarter or month of next year, when the reduction is first felt in a lower payment of salary? Counsel will kindly advise us, generally, how to time the action (perhaps variously) according to its nature (perhaps varying at various stages), |
| 3. | As to the place of action. Should it (in the first instance) be in the District Court in Oamaru? Or, ought it to go (at once) to a central Court? And, if to a central Court, would it be wise to think of going to Christchurch instead of Dunedin (so as to be clear of provincial influences)? |
| 4. | As to party, with support. What do you think of the suggestion in the first paragraph of this paper? Or, generally, what, in your opinion, would be the best way of constituting for action on the citizens' behalf? |
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